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Home My WebLink About17623-7/17/67 - 18075-3/25/68IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of July, 1967. No. 17623. 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. 208, 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 west part of Lot 4, Block 1, as shown by the Map of Connistone, and being Official Tax No. 2081003, rezoned from RS-3, Single Family Residential Distric to C-2, General Commercial District, and also to have Lot 13, Block 1, as shown by t'. }lap of Connistone, and being Official Tax No. 2081012, 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 RS-3, Single Family Residential District, and from RD, Duplex Residential District, respectively, to C-2, General Commercial District; and WHEREAS, the written notice and the ~sted 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 lOth day of July, 1967, 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 ar:d against the proposed rezonin9; and WHEREAS, this Council, after considering 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, relating to Zoning, and Sheet No. 208 of the Sectional 1966 Zone Map, City of Roanok be amended in the following particular and no Other, viz.: Property located on Burton Avenue, N. W., and Tenth Street, N. W., between Williamson Road and Round Hill Avenue, respectively, described as the west part of Lot 4, Block 1, as shown by the Map of Connistone, and Lot 13y Block 1, as shown by the Map of Connistone, and designated on Sheet 208 of the Sectional 1966',Zon Map, City of Roanoke, as Official Tax Nos. 2081003 and 2081012, be aq~, is hereby changed from RS-3, Single Family Residential District, and from RD, D~.,lex Restdenti,:'~ District, respectively, to C-2, General Commercial District, and that S~'~et the aforesaidmap be changed in this respect. ATTEST: APPROVED MaYor 2 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of July, 1967. No. 17624. AN ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, and Sheet No. 162, Sectional 1966 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have a 5.25-acre tract located on the south side of Brandon Avenue, S. W., betwee~ Edgewood Street and Langdon Road, Official Tax No. 1620102, known as Persinger Land, rezoned from RG-1, General Residential District, to C-l, Office and Institutional District; and WHEREAS, the City Planning Commission has recommended that the hereinafter described land be rezoned from RG-1, General Residential District, to C-l, Office and Institutional District; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 71, Chapter 4.1, Title XV, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, have been published and posted as required and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the lOth day of July, 1967, 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 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, relating to Zoning, and Sheet No. 162 of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz.: Property located on the south side of Brandon Avenue, S. W., between Edgewood Street and Langdon Road, described as Persinger Land, designated on Sheet 162 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax No. 1620102, be and is hereby, changed from RG-1, General Residential District, to C-l, Office and Institutional District, arid that Sheet No. 162 of the aforesaid map be changed in th respect. APPROVED ATTEST: Mayor 3 IN THE COUNCIL OF ~HE CITY OF ROANOKE, VIRGINIA, The 17th day of July, 1967. No. 17625. AN ORDINANCE to amend Title XV, Chapter al.l, Section 2, of The Code of the City of Roanoke, 1956, as amended, and Sheet No. d34, Sectional 1966 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Cbuncil of the City of Roanoke to have that property located on the east side of Bennington Street, S. E., between Riverdale Road and Edgerton Avenue, described as Lots 1, 17 - 19, inclusive, Block 3 and Lots 1 - 3, inclusive, Block 2, Riverdale Map, Official Tax Nos. d3d0718, d3d080 d3d0803, inclusive, rezoned from RD, Duplex Residential District, to C-2, General Commercial District; and WHEREAS, the City Planning Commission has recommended that the hereinafter described land be rezoned from RD, Duplex Residential District, to C-2, General Commercial District; and 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 ~as held on the 10th day of July, 1967, at 2 p.m., before the Council of the City of Roanoke, at ~hich hearing all parties in interest and citizens ~ere given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the evidence presented, is of the opinion that 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 al.l, Section 2, of The Code of the City of Roanoke, 1956, as amende relating to Zoning, and Sheet No. '43d 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 Bennington Street, S. E., between Riverdale Road and Edgerton Avenue, described as Lots 17-19, inclusive, Block 3, and Lots 1-3, inclusive, Block 2, Riverdale Map, designated on Sheet 434 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax Nos. 43d0718, d3d0801 - 43d0803, inclusive, containing in all 2.06 acres, be, and is hereby, changed from RD, Duplex Residential District, to C-2, General Commercial District, and that Sheet No. 434 of the aforesaid map be changed in this respect. APPROVED ATTEST: /City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of July, 1967. No. 17626. 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. 128, 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 Lot 6, Block 1, Turner Addition, Official Tax No. 1280d25, located on the south side of Colonial Avenue, S. ~., between Twenty-fifth Street and Broadway, 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 I~HEREAS, the written notice and the posted sign required to be publiahed 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 10th day of July, 1967, 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 I~HEREAS, this Council, after considering the evidence presented, is of the opiniot 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. 128 of tae Sectional 1966 Zone Map, City of Roanok, be amended in the following particular and no other, viz.: Property located on the south side of Colonial Avenue, S. i~., between Twenty-fifth Street and Broadway, described as Lot 6, Block 1, Turner Addition, designated on Sheet 128 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax No. 1280425, be, and is hereby, changed from RD, Duplex Residential District, to C-2, General Commercial District, and that Sheet No. 128 of the aforesaid map be changed in this respect. APPROVED Mayor 5 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of July, 1967. No. 17627. 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 the real property totaling approximately seventeen (17) acres on both sides of Thirty-Fifth Street, N. W., south of Melrose Avenue, and further described as a 5.02 acre tract of land, Official T;x No. 2660317, a 3.52 acre tract of land, Official Tax No. 2660318, a 1.53 acre tract of land, Fairview Acreage, Official Tax No. 2660d08, and a 7.1 acre tract of lard, Fairview Acreage, Official Tax No. 2660d09, rezoned from RD, Duplex Residential District, to RG-1, General Residential District; and WHEREAS, the City Planning Commission has recommended that the hereinafter described la~ d be rezoned from RD, Duplex Residential District, to RG-1, General Residential District; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 71, Chapter 4.1, Title XV, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, have been published and posted as required and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the lOth day of July, 1967, 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 a~ d against the proposed rezoninq; and opinion WHEREAS, this Council, after considering the evidence presented, is of the that the hereinafter described land should be rezoned. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Title XV, Chapter d.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,ii be amended in the following particular and no other, viz.: Property located on both sides of Thirty-Fifth Street, N. W., south of Melrose Avenue, described as a 5.02 acre tract of land, a 3.52 acre tract of land, a 1.53 acre tract of land and a 7.1 acre tract of land, designated on Sheet 266 of thei Sectional 1966 Zone Map, City of Roanoke, as Official Tax Nos. 2660317, 2660318, 2660408, and 2660409, be, and is hereby, changed from RD, Duplex Residential District,I. to RG-1, General Residential District, and that Sheet No. 266 of the aforesaid map be Ii ATTEST: 'City Clerk APPROVED Mayor changed in this respect. 6 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of July, 1967. No. 17632. AN ORDINANCE to amend and reordain Section :13000, "Schools - Miscellaneousii," of the 1967-68 Appropriation Ordinance, and providing for an emergency. ;. WHEREAS for the usual daily operation of the Municipal Government of the i City of Roanoke, a~' emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~13000, "Schools - Miscellaneous," of the 1967-68 Appropriation Ordinance, be, and the same is hereby, amended and reordained.to read as follows, in part: SCHOOLS - MISCELLANEOUS :13000 13-650 Institute of Applied Mathematics .................... $1,900.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: ' / / City Clerk Mayor IN THE COU,.jIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of July, 1967. No. 17633. IN ORDINANCE to amend and reordain Section ~37000, "Project Inner-City Youth," 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 ~37000, "Project Inner-City Youth," of the 1967-68 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: PROJECT INNER-CITY YOUTH ~37000 37-100 Personal Services ................................ $18,595.00 37-200 Supplies ......................................... 495.00 37-300 Contracted Services .............................. 1,500.00 37-500 Travel ........................................... 2,000.00 37-700 Equipment ........................................ 700.00 37-800 Fixed Charges .................................... 1,510.00 Total 24,800.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor 7 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of July, 1967. No. 17634. AN ORDINANCE to amend and reordain Section ~38000, "Project Model Kinder- garten," 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 g38000, "Project Model Kindergarten," of the 19(~7-68 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: PROJECT MODEL KINDERGARTEN =38000 38-100 Personal Services ............................... 38-200 Supplies ...... ' ........................... · ....... 38-500 Transportation Services .......................... 38-600 Operation of Plant .............................. 38-800 Fixed Charges ................................... 38-900 Food Services ................................... 38-1230 Equipment ....................................... Total $249,732.00 45,494.00 4,000.00 240.00 22,741.00 12,376.00 45,971.00 $380,554.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: fCity Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of July, 1967. No. 17635. AN ORDINANCE amending Ordinance No. 17583, heretofore adopted on June 19, 1967, providing for the City's lease of approximately four (4) acres of land from Gale B. Cyphers, upon certain terms and conditions, by providing for certain termina- tion provisions thereto; and providing for an emergency. WHEREAS, by its Ordinance No. 17583 heretofore duly adopted on June 19, 196' the Council authorized and directed the City Manager to enter into a written rental agreement with Gale B. Cyphers, for the City's lease of approximately four (4) acres of land situate between Bandy Road and Garden City Boulevard, in the City of Roanoke for a term of three years; and WHEREAS, subsequent to the adoption of said Ordinance No. 17583, Gale B. Cyphers has indicated his desire that the lease of said parcel of land be made terminable by either party at the end of any year, upon certain prior notice given to the other party; and the City Manager has recommended that said lease to so drawn and executed as to incorporate said provision; and WHEREAS, for the usual daily operation of the Department of Parks and Recreation, 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. 17583, heretofore adopted by the Council on June 19, lq07, be, and is amended so as to provide that the three-year lease therein authorized to be entered into between the City of Roanoke and Gale B. Cyphers be made terminable at the end of any year by either party upon the giving of written notice on or before May 1st of. the year of termination. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall b in force and effect upon its passage. ATTEST: /City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of July, 1967. No. 17636. A RESOLUTION signifying the City's intent and agreement to make available to Total Action Against Poverty in Roanoke Valley, for use as a Senior Citizens' Center, certain space in the City Market Building, upon certain terms and conditions WHEREAS, officials of Tothl Action Against Poverty in Roanoke Valley have advised the Council of the immediate necessity of obtaining adequate quarters f~r the operation of a Senior Citizens' Center, wherein to conduct a program of activities for older members of the community, advising the Council of an inability to secure from private ownership the space needed for such purposes, and have requested that the City make available for said purposes certain space in the City Market Building under a written lease arrangement pursuant to which a reasonable rental value for space would be established and agreed upon and would be treated as a contribution' of the City toward the cost of the program of Total Action Against Poverty in Roanoke Valley, sa-id.officials having advised the Council that, should such space be made available for the aforesaid purposes, it would be the intent of said agency to make certain permanent improvements to the City Market' Building, including the installatio~ of elevator facilities, so as to make the same more usable for the purposes of the aforesaid program and, later, for its better utilitization by the City, the cost of all such imrpovements, however, to be borne by said agency or those operating under i THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said City doth hereby signify its present intent and agreement to make available to Total Action Against Poverty in Roanoke Valley and to such organized agency or agencies participating with it in its purposes approximately 10,217 square feet of space in th, 9 restrooms on the messanine or secor, d floor, together with such additional space as i necessary for reasonable ingress and egress thereto and for the installation by said agency of elevator facilities from the ground floor to the auditorium floor of said butldMg, pursuant to a lease agreement to be hereafter negotiated and agreed upon between the parties but without payment of actual rent, (the established rental valu~ said property to be considered and treated as a part of the City's contribution to- ward the payment of the cost of conductin.q said agency's program for the elimination of poverty in Roanoke Valley), the term of the lease to be hereafter negotiated and entered into by the parties to be for a period os five (5) years from the date of the Council's approval of the same, all other terms, provisions, conditions and limitati of said lease to be negotiated between the parties and approved by said Council, such lease to be, otherwise, upon such form as is approved by the City Attorney and the City Manager. BE IT FURTHEI~ RESOLVED that an attested copy of this resolution be forth- with transmitted to officials of said Total Action Against Poverty in Roanoke Valley ATTEST: f City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of July, 1967. No. 17637. AN ORDINANCE to amerd and reordain Section =170, "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 =170, "Capital," of the 1967-68 Appropriation Ordinance, be, and the same is hereby., amended a. d reordained to read as follows, in part: CAPITAL ~170 Capital Outlay from Bond Funds (1) (2) ................ $16,560,892.85 (1) CIP 1 Improve Runway of Airport $ CIP 2 Improve Taxiway 27 Airport CIP 3 Improve Taxiway 15-33 g 23 - Airport CIP 4 Improve North Ramp - Airport CIP 5 Improve Terminal Bldg. - Airport CIP 6 Land Acquisition - Airport CIP 7 Improve Runway 23 - Airport CIP 8 Improve Runway 15 - Airport CIP 9 Improvement Runway 5 - Airport CIP 10 Municipal Bldg 5 Annex CIP~ll Main Fire Station CIP 12 Northwest Fire Station CIP 13 Southwest Fire Station CIP 14 Refuse Disposal Facility 68,000.00 95,000.00 30,000.O0 105,000.00 220,000.00 70,000.00 66 000.00 58 000.00 116 000 O0 2,365 000 O0 220 000 O0 150 000 O0 150 000 O0 2,000 000 O0 of 0 S l0 CIP 15 Service Center CIP 16 Route 24, Jefferson to 7th Streets CIP 17 Route 24, llth to 18th Streets CIP 18 Route 460, 581 to 12th Street CIP lO Route 220, Roanoke River to SCL CIP 20 Route 599, Elm Ave to Franklin Rd CIP 21 Tenth Street Improvements CIP 22 Route 115 CIP 23 Route 116 CIP 24 Ki~ all Interchange CIP 25 Ninth Street Bridge CIP 26 Norwich Bridge Construction CIP 27 Lick Run Improvements CIP 28 Norfolk Avenue Drain CIP 29 Second St. S. E. Drain CIP 30 Drainage Wells CIP 31 Brandon Avenue Drain CIP 32 Sanford-Brandon Drain CIP 33 Somerset Street Drain CIP 34 30th Street-Shaffers Crossing Drain CIP 35 Bluefield Boulevard Drain CIP 36 Denniston Avenue Drain CIP 37 Salem Turnpike Drain CIP 38 King Street Drain CIP 39 Aspen Street Drain CIP 40 Jefferson High Addition CIP 41 Junior High NW CIP 42 Junior High SW CIP 43 William Fleming Jr. High Addition CIP 44 Fairview Addition CIP 45 Monterey Addition CIP 46 Hurt Park Addition CIP 47 Westside Addition CIP 48 Downtown East CIP 49 Kimball Redevelopment CIP 50 Hurt Park Housing $ 1,000,000.00 216 000.00 64 1,215 86 709 519 52~ 33 75 63 150 176 725 56 95 69 .000.00 642.50 125.00.' 175.00 580.00 700.00 570.00 000.00 000.00 000.00 000.00 000.00 000.00 000.00 000.00 35,000.00 39~O00.00 71 500.00 44.000.00 55000.00 30000.00 24000.00 4O 000.00 221 077.58 1,452 696,28 1,679 398.28 349 744.76 121 813.75 317 246.33 221 077.58 290 053.79 70 742.00 7,750.00 Plans and Contracts to be approved by the Council for Projects CIP 1-39, inclusive. Projects CIP 48-50 to be approved by the Council as provided by law. (2) To be recovered from Bond Funds 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 17th day of July, 1967. No. 17638. AN ORDINANCE to amend and reordain Section ~t451, "-Capital Outlay from Revenue," and Section g551, "Capital Outlay from Bond Funds," of the 1967-68 Water Fund Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sectio] ~451, "Capital Outlay from Revenue," and Section g551, "Capital Outlay from Bond Fund~ of the 1967-68 Water Fund Appropriation Ordinance, be, and the same fire hereby, amended and reordained to read as follows, in part: CAPITAL OUTLAY FROM REVENUE =451 Capital Outlay from Revenue (1) ....................... $ CAPITAL OUTLAY FROM BOND FUNDS =551 Capital Outlay from Bond Funds (1) .................... (1) CIP 51 Water Extensions CIP 52 Crystal Spring Improvements CIP 53 Land Acquisition - Water CIP 54 Carvins Filter Plant Addition CIP 55 Hollins High Pressure System CIP 56 Catawba Creek Diversion Tunnel Contracts and plans to be approved by the Council 203,000.00 4,000,000.00 $ 700,000 O0 285,000 O0 171,000 O0 579,000 O0 100,000 O0 2,118,000 O0 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: / ity Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of July, 1967. No. 17639. AN ORDINANCE to amend and reordain Section =451, "Capital Outlay from Revenue," and Section ~551, "Capital Outlay from Bond Funds," of the 1967-68 Sewage Treatment Fund Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~td51, "Capital Outlay from Rever:ue," and Section =551, "Capital Outlay from Bond Funds," of. the 1967-68 Sewage Treatment Fund Appropriation Ordinance, be, and th same are hereby, amended and reordained to read as follows, in part: CAPITAL OUTLAY FROM REVENUE ~451 Capital Outlay from Revenue (1) ......................... $1,231,000.00 CAPITAL OUTLAY FROM BOND FUNDS ~551 Capital Outlay from Bond Funds (1) ..................... 1.700,000.00 (1) CIP 57 Tinker Creek Sewer Interceptor CIP 58 Orange Avenue Sewer Interceptor CIP 59 Lick Run Sewer Interceptor CIP 60 Williamson Road Sewer Interceptor CIP 61 Trout Run Sewer Interceptor CIP 62 Campbell Avenue Sewer Interceptor ClP 63 Compton Road Sewer Interceptor CIP 6d Treatment Plant Improvements CIP 65 Sludqe Dryinq Equipment - ST Plant 251 700.00 400 300.O0 250 30O.00 392 200.00 518 400.00 88 000.00 112 300.00 400 000.00 500 000.00 Plans and contracts to be approved by the Council. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be effect from its passage. APPROVED ATTE ST: / City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of July, 1967. No. 17640. AN ORDINANCE to amend and reordain Section ~41, "Total Action Against Poverty," of the 1967-68 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of th'e Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =41, "Total Action Against Poverty." of the 1967-68 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TOTAL ACTION AGAINST POVERTY ~41 Communications (1) ........................................... $ 220.00 (1) Net increase ........... $70.00 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 24th day of July, 1967. No. 17643. A RESOLUTION approving and authorizing an adjustment of the fee to be paid by the City for architectural services rendered in connection with the construction of the City's new Jackson Park - Southeast Branch Library. WHEREAS, Ordinance No. 17197, adopted September 12, 1966, authorized, amongst other things, that the City Manager employ architectural services to be selected by the Southeast Branch Library Committee to prepare plans and drawings for the City's new Jackson Park - Southeast Branch Library, and provided that the costs to be incurred under such contract of employment not exceed the sum of $5,100.00, it being then estimated that the construction costs of said project would amount to approximately $B5,000.00 and the architects' fee being understood to normally approximate 6% of such construction costs; and WHEREAS, Jarvis and Stoutamire, Architects, having thereafter been employed az so authorized and the plans, specifications and drawings having been prepared and approved by the Council and the construction contract having been advertised for bid, the lowest and best bid made for the work amounted to $98,057.00, on which bid a construct was awarded by the City; and WHEREAS, the City Manager has now recommended to the Council that a sum be appropriated and authority be given by the Council that the contract heretofore entered into with said architects be amended so as to provide for payment to said architects for the services so rendered a fee equal to 6% of the construction contra( cost, or $5,883.42, and that $783.42 be additionally appropriated to pay the balance of said architects' fee, as so adjusted; and the Council, concurring in said recommendation, has made the aforesaid additional appropriation. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the contract heretofore entered into between the City and Jarvis and Stoutamire, Architects, under date of September 16, 1966, for performing for the City all necessary architectural services in connection with the construction of the new Jackson Park - Southeast Branch Library~be, and said contract is hereby amended and adjusted so as to provide that the City pay to said architects for their aforesaid services a total fee equal to 6% of the $98,057.00 construction contract cost, or $5,883.42; and the City Auditor be, and he is hereby authorized and directed, upon receipt of proper billing from said architects, to pay to said architects on account of their aforesaid fee the additional sum of $783.42 which is this day being appropriated by the Council for payment of said architects' fee, as hereinabove adjusted. ATTE ST: APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of July, 1967. No. 17644. AN ORDINANCE to amend and reordain Section =B9, "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 Southeast Branch Library (1) ............................... $15,783.42 (1) Net increase ................................ $7B3.42 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 24th day of July, 1967. No. 17645. AN ORDINANCE to amend and reordain Section =BO, "Libraries," 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 ~BO, "Libraries," of the 1967-68 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: LIBRARIES Other Equipment - New (1) (2) .............................. $4,625.00 (1) Microfilm- Printer Reader (2) Increase of $475.00 BE IT FURTHER ORDAINED that, an emergency existing~ in effect from its passage. APPROVED City C1 erk $1,975.00 this Ordinance shall be Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of July, 1967. No. 17646. AN ORDINANCE providing for an amendment to a certain grant agreement entered into between the City of.Roanoke and United States of America, Housing and Home Finance Agency, dated December 8, 1964, Contract No. VA-OS-7 (G), Program No. VA-OS-7, providing federal financial assistance for the purpose of acquiring and preserving certain open-~pace land, on certain terms and conditions; and providing for an emerqenc'y. WHEREAS, the City of Roanoke entered into a certain Contract For Grant dated as of the 6th day of December, 1964, with the United States of America (the "Government") with respect to a grant by the Government to assist the City of Roanoke in carrying out its certain project designated as Project No. VA-OS-7; and WHEREAS, the City of Roanoke and the Government desire to amend the said Contract For Grant in certain respects, and the Government pursuant thereto has submitted to the City of Roanoke for execution a certain Amendatory Contract For Grant No. i (the "Amendatory Contract"), which said Amendatory C'ontract is satisfactory; 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. NOW, THEREFORE BE IT ORDAINED by the Council of the City of Roanoke that the said Amendatory Contract, in the following words and figures, viz: DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT OPEN-SPACE LAND PROGRAM AMENDATORY CONTRACT FOR GRANT NO. 1 CITY OF ROANOKE Name of Public Body VA-OSA-7 Project No. VA-OSA-7 (G) Contract No. THIS AMENDATORY CONTRACT FOR GRANT, entered into 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: WHEREAS, the Public Body and the Government entered into a certain Contract For Grant dated as of December 8, 1964 with re- spect to a grant by the Government to assist the Public Body in carrying out the above designated Project; and WHEREAS, the Public Body and the Government desire to amend the said Contract For Grant in certain respects, NOW, THEREFORE, in consideration of the mutual covenants re- cited herein, it is agreed that the said Contract For Grant be and the same is hereby amended as follows: 1. In Sec. 3 '_' $222,782.00 2. In Sec. 3 " $ 66,834.00 " of Part I" $300,000.00 "is deleted and "is substituted in lieu thereof. of Part I" $90,000.00 " is substituted in lieu thereof. is deleted and 3.. The boundary descriptions for Tracts "A'.' and "B'.' of Exhibit A referred to in Sec. 2 of Part 1 are deleted in their entirety. IN WITNESS WHEREOF, this Amendatory Contract for Grant has been executed in the name and on behalf of the Public Body by the under- signed officials and in the name and on behalf of the Government by the undersigned official, as of · (SEAL) ATTEST: CITY OF ROANOKE (Public Body) (Signature) By (Signature) (Type Name and Title) (Type Name and Title) UNITED STATES OF AMERICA Secretary of Housing and Urban Development By Assistant Regional Administrator for be, and the same is hereby approved. BE IT FURTHER ORDAINED that the City Manager and City Clerk are hereby authorized and directed to execute and to seal and attest, respectively, the said Amendatory Contract in the name and on behalf of the City of Roanoke, in as many counterparts as may be necessary. BE IT FURTHER ORDAINED that the City Clerk is hereby authorized and directed to prepare,, execute and attach to a copy of this ordinance a certificate certifying the due passage of this ordinance, a'nd transmit the same together with the executed Amendatory Contract abovementioned to United States of America, Department of Housing and Urban Development. 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 24th day of July, 1967. No. 17647. AN ORDINANCE acceptino a bid and awarding a contract for certain improvements to the City's Sewaoe Treatment Plant and installation of certain equipment, under Contract "C"; rejecting another bid made therefor; and providing for an emergency. WHEREAS, at the meeting of the Council held on July 10, 1967, and after due and proper public advertisement had been made therefor, two bids made to the City for the construction.of certain improvements to the City's Sewage'Treatment Plant hereinafter mentioned and for. installation of certain equipment to be furnished by others were opened and read before the Council, whet&upon both said bid were referred to a committee to be tabulated and studied and to be repo~ted back to the Council; and WHEREAS, said committee has reported to the Council under date of July 24, 1967, its tabulation and report of said bids, from which it appears that the bid hereinafter accepted represents the losest and best bid made to the City, meeting th City's specifications for said construction, and should be accepted, the low bid, with a deduction bid by both bidders for eliminating the installation of heaters in existing digester tanks, having been for the net sum of $380,500.00 and the Council' committee, having negotiated with said los bidder, found it willing to eliminate the construction of valve vaults "A" and "B" as shosn on the plans and specifications and to further reduce the sum of said bid by $10,131.00; 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 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 English Construction Company, Inc., to construct two sludge digesters and install one 5000 CFM air blower and related equipment at the City's Sewage Treatment Plant, all in accordance with the City's plans and specifications made therefor but eliminating heaters in the existing digester tanks and eliminating, also, valve vaults "A" and "B" as shown on the aforesaid plans, but otherwise in full accordance with the City's specifications made and required therefo~ for a total price of $370,369.00 for all said work, be, and said bid is hereby ACCEPTED; (2) That the other bid made to the City for the aforesaid improvement8 be, :and the said other bid is hereby REJECTED; the City Clerk to so notify said other idder and to express to it the City's appreciation of said other bid; and (3) That the City Manager and the City Clerk be, and they are hereby uthorized and directed to enter into written contract on behalf of the City with the foresaid successful bidder n~entioned in paragraph 1, above, for the provision of the mprovements mentioned and described in said paragraph, said contract to have ncorporated therein the City's requirements and specifications for the work so uthorized to be done, the bidder's proposal made to the City, and the provisions of his ordinance; and upon satisfactory completion of all said work accepted by the City s meeting all said specifications, the City Auditor shall be, and is hereby uthorized to make payment to said contractor in accordance with the provisions of thi rdinance and said contract, charging said payment to appropriations heretofore made ly the City for said improvements. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be .n force and effect upon its passage. APPROVED ~TTE ST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of July, 1967. No. 17648. AN ORDINANCE accepting bids and awarding contracts for the furnishing of certain equipment for the City's Sewage Treatment Plant, under Contract "D". ejecting certain other bids made therefor; and providing for an emergency. WHEREAS, at the meeting of the Council held on July 10, 1967, and after due and proper public advertisement had been made therefor, six bids made to the City for the furnishing and delivery of certain equipment for the City's Sewage Treatment Plant hereinafter mentioned 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 July 24,, 1967, 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 all the City,s specifications for said equipment, and should be accepted; and WHEREAS, funds have been appropriated by the Council sufficient to pay the cost of the equipment hereinafter authorized to be acquired 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 bids of: (a) Pacific Flush Tank Company to furnish and deliver, as Per the City's plans and specifications for Item No. 1 of Contract "D", being Primary Digester equipment, gas mixing equipment, for one new Digester, for the total lump sum bid of $16,665.00; (b) Walker Process Equipment, Incorporated, to furnish and deliver, as per the City's plans and specifica- tions for Item No. 2 of Contract "D", being Secondary Digester equipment, for the total lump sum bid of $42,895.00; and (c) Roots Connersville to furnish and deliver, as per the City's plans and specifications for Item No. 3 of Contract "D", being Air Blowing equipment, for the total lump sum bid of $67,453.00; be, and the said bids are hereby ACCEPTED; (2) That the other bids made to the City for the aforesaid equipment be, and the said other bids are hereby REJECTED; the Cit~y Clerk to so notify said other bidders and to express to each the City's appreciation of said bids; and (3) That the City ~lanager and the City. Clerk be, and they are hereby authorized and directed to enter into written contracts on behalf of the City with the aforesaid successful bidders for the provision of the equipment mentioned and described above, said contracts to have incorporated therein the City's requirements and specifications for the equipment so authorized to be furnished, the bidders' proposals made to the City, and the provisions of this ordinance; and upon satisfactory delivery of all said equipment accepted by the City as meeting all said specifications, the City Auditor shall be, and is hereby authorized to make payment to said contractors in accordance with the provisions of this ordinance and said contracts, charging said payment to appropriations heretofore made by the City for said equipment. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in force and effect upon its passage. A P PR 0 V E D ATTE ST: ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of July, 1967. No. 17649. "Capital Outlay from AN ORDINANCE to amend and reordain Section =451, Revenue," of the 1967-68 Sewage Treatment Fund Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Ro. anoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =451, apital Outlay from Revenue, of the 1967-68 Sesaoe Treatment Fund Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CAPITAL OUTLAY FROM REVENUE =451 Capital Outlay from Revenue (1) (2) ........................ $1,327,382.0 (1) CIP 64 Treatment Plant Improvements $ 496,382.00 (2) Increase of $96,382.00 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 24th day of July, 1967. No. 17650. A RESOLUTION requiring the City Auditor to periodically furnish to the members of the City Council and of the City of Roanoke School.Board certain financial information. WHEREAS, pursuant to Charter provisions, studies are commenced annually and some months prior to the beginning Of each fiscal year, to formulate and prepare for the City a budget for each such year, those taking part in the preparation of each nes budget being guided in large part by shat is expected to be the City's income for the ensuing year; and WHEREAS, implementation of the City's large capital improvements program, recently authorized by the City's voters, ~ill require, more than ever before, that those charged with the preparation of each annual budget know in advance, as sell as can be ascertained, the City's probable income during each of the ensuing years, in order that the capital improvements so authorized may be properly programmed along with all of the other normal operations of the City. 2O THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Auditor be and is hereby directed annually, no ,later than February 1 of each year, to prepare and to furnish to each member of the City Council and of the School Board of the City of Roanoke data and information which would tend to show the anticipated increase or deorease of the City's income, from all sources, for the next ensuing fiscal year. the same to be prepared upon the basis of the best infor, matioa then available to said City Auditor. BE IT FURTHER RESOLVED that the City Clerk do transmit an attested copy of this resolution to the Chairman of. the School Board of the City of Roanoke. A P PR OVE D ATTE ST: / / /City Clerk Mayor IN .THE ,COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of July, 1967. No. 17651. 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 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 conuection to the City's public water distribution system located in the street on which the property,abuts outside the City's corporate limit the premises located at 4804 Old Mountain Road, described as Lot 2. Block 2. Asbury Subdivision, such connection to be made in full compliance with the provisions established for such connections in Rule 38 of the Rules and Regulotions 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 8brogating or changing in 8ny way the policy heretofore established by Council in it IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of July, 1967. 'No. 17652. AN ORDINANCE directing and providing for the acquisition, in fee simple, of a certain parcel of land in the City of Roanoke, ,situate on the south side of Hershberger Road, N. W., and containing approximately 52.63 acres, necessary for municipal airport purposes in connection with Airport .Projects 9-44-012-13 and 9-44-012-16; providing for the acquisition of a perpetual easement and right to construct, operate and maintain a sanitary sewer line for public purposes within a lO-foot wide right-of-way approximately '950 feet in length between said 52.63 acre parcel of land and the right-of-way of Interstate Route 581; fixing the consideration offerdd to be paid by the City for said land and easement and other terms and provisions of such acquisition; providing for the City's acquisition of said land and easement by condemnation, under certain circumstances; and providing for an emergency. WHEREAS, in order to provide for the safe and proper operation of the City i/unictpal Airport in Roanoke County and to provide a clear.zone at the south end of Runway 33 at said Airport as contemplated by the City's pending Airport Projecls Nos. 9-44-012-13 and 9-44-012-16, the additional 52.63 acres of land, more or less, herein described are wanted and needed to be acquired by the City, in fee simple; an, WHEREAS, in addition, and in order to provide for the construction and operation of a public sanitary sewer main to serve certain areas of the City, there i needed to be acquired from the owners of the aforesaid 52.63 acre parcel of land in certain of the residue land of said owners a perpetual easement and right-of-way in a portion of said residue land for the purpose of the construction, operatioh and maintenance of the public sanitary sewer main hereinafter described; and WHEREAS, the City has caused appraisals to be made of the fair market value of the 52.63 acres of land hereinafter described and, also, of the easement for said public sanitary sewer main, on the basis of which the v~lue set out with respect to all said property has been determined by the Council, funds sufficient for the payment of the purchase price hereinafter authorized to be paid having been heretofore appropriated for the purpose by the Council; and WHEREAS, for the immediate preiervation of the public safety and for the usual daily operation of the municipal government, an emergency is d'eclared 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 the proper City officials be, and they are hereby authorized, directed and empowered, for and on behalf of the City, to acquire by purchase from the owner or owners thereof, the fee simple, unencumbered title to the following described tract or parcel of land, at a purchase price not to exceed the 'sum of $230,000.00, cash, which said sum is deemed to represent the Value of said land and of all damages to the residue property of the owners, which said land is situate in the City of Roanoke, Virginia, on the soutk side,of Hershberger Road, N. easterly of the right-of-way of Interstate Route 581, generally described as follows: That certain 52.63 acre parcel of land, together with the improvements located thereon, owned by The ~First National Exchange Bank of Vir. ginia and John D. Carr, Executors and Trustees under the will of P. C. [tuff, ,deceased, and others, as shown in detail on a plan prepared in the Office of the City ,Engineer .and entitled Exhibit "A" to Project No. 9-44-012-16, dated February 24, 1966, as now revised; said 52.63 acres being a northwesterly portion of a certain boundary of land of which the late P. C. Huff died seised and possessed; and, also, a perpetual easement and the full and complete right and privile, ge to enter upon a portion of the aforesaid owners' residue land lying between the westerly line of said 52.63 acre parcel and the easterly right-of-way line of ~ Interstate Route 581 for the purpose of constructing and thereafter operating, maintaining and repairing, or relaying, a public sanitary sewer main or mains within a right-of-way therefor 10 feet in width situate, generally, and along its centerline, as follows: Beginning at a point on the westerly line of the aforesaid 52.63 acre parcel approximately 400 feet north northeasterly of the southernmos~ cor- ner of said 52o/~3 acre parcele and funning thence in a southwesterly direction approximately 950 feet to a point on the easterly right-of-way line of Interstate Route 581.at the northeasterly end of a certain existing public sanitary sewer main constructed for such purposes across the afore- said Interstate right-of-way; and, upon delivery to the City of a good and sufficient deed or deeds of conveyance, conveying to the City the fee simple, unencumbered title to the aforesaid 52.63 acre parcel and to said easement for public sanitary sewer purposes but which said deed deeds may, if requested by said landowners, contain provision to the effect that the City will agree, hereafter and for a period of 10 years from the passage of this ordinance, to hold and make available to said landowners or to their successors or assigns, for public use as a right-of-way for a public street or road so much of the land within said 52.63 acre parcel and adjoining the northeasterly line of the same as would be necessary, together with such other land as may then be available for the purpose, to provide a 70-foot wide right-of-way for a public street or road to extend southeasterly from Hershberger Road, No W°, and provide access, by proper connection to other existing public streets, lanes or roads, to the residue land of said landowners, otherwise, said deed or deeds to be upon such form as is first approved by the City Attorney, the proper City officials be, and they are hereby' authorized to pay to the abovenamed Executors and Trustees or to the person or persons indicated by title examination to be entitled thereto, the $230,000.00 purchase price hereinabove authorized, charging the same to funds hereto'fore appropriated for the aforesaid Projects; 2. That the City ~tanager be, and he is hereby authorized, directed and empowered to forthwith extend in writing to the aforesaid landowners the City's offer as herein contained and, upon acceptance thereof by said owners, Said City .. .... .~^~a o~a ~mnn~ to anter into a refluisite contract of sale with the aforesaid owners in furtherance of the provisions of this ordinance, such contract to be upon terms not inconsistent herewith and in such form as is first approved by the City Attorney. BE IT FURTHER ORDAINED that, should the City be unabl~ to acquire from the aforesaid owners, or any of them, the property and easement described by purchase, at the price hereinabove provided, then, and in suc~ event, the City Attorney shall be, and he is hereby authorized and directed to institute and conduct, in the proper cour condemnation proceedings tO acquire for and on behalf of the City the fee simple titl to the 52.63 acre parcel of land above described and the within described perpetual easement for public sanitary sewer purposes and, in so doing or upon thetrial of the condemnation proceedings so bro~ught, said' City Attorney shall be authorized to offer, on behalf of the City, to take and hold the fee simple title to said 52.63 acre parcel of land subject to the City's obligation., for the period of l0 years abovementioned, to make available for public street right-of-way along the northeasterIy Iine of said parce1, sufficient of the Iand ~ithin said 52.63 acre parcei as hereinabove provided. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in full force and effect from its passage. aPPROVED ATTEST: C~y Clerk Mayor IN THE CO.UNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of July, 1967. No'. 17653. AN ORDINANCE providing for the unclassified position of Assistant General Registrar in the municipal government and fixing the annual salary for said position; amending to the extent herein provided Ordinance No. 17613, fixing the annual compensation of.cer, t. ai~.qn.c.l.~.s.s.i.f.i.e.d..qf.f.i, qi.a.l.{ of the City~ providing the effective date of this ordinance; and providing for an emergency. WHEREAS, the General Registrar of the Cit. y of Roanoke has heretofore, with approval of the Electoral Board, appointed the individual herdinafter named as Assistant General Registrar of the City, and said Board has requested that the Council make provision for said position by ordinance establishing said position as an unclassified position and fixing a salary therefor, in which request the Council concurs; and WHEREAS, funds sufficient to pay the salary herein provided for have been appropriated by the Council for the purpose of; and WHEREAS, for the usual daily operation of the municipal government an emergency is declared to exist in order that this ordinance take effect upon the date hereinafter set forth. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Ordinance No. 17613, adopted June 26, 1967, fixing the annual compensation of certain unclassified officials and employees of the City, be and is hereby amended by the addition thereto of the following words, names and figures, providing for the position of Assistant General Registrar of the City and fixing an annual salary for said position, namely: Assistant General Registrar, Katherine Minihan Poole $4,500.00 BE ~T FURTHER ORDAINED that, an emergency existing,-this-ordinance shall be in effect on and after August 1, 1967.. APPROVED ATTE ST: /City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of July, 1967. No. 17654. 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 operati, on of the Municipal Government of 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, "Electoral Board," of the 1967-68 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: ELECTORAL BOARD Personal Services (1). (2) ................................ $17,078.00 (1) Delete Clerk-Typist II $4,290.00 Add Assistant General Registrar @ $4,500.00, 1 mo. @ 353.00 11 mos. @ $375.00 $4,478.00 (2) Increase of $188.00 BE IT FURTHER ORDAINED that, an emeroency existing, this Ordinance shall be in effect from its passage. A p PR 0 V E D ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of July, 1967. No. 17655. AN ORDINANCE to amend and reordain Section ~41, "Total Action Against Poverty," 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 ~41, "Total Action Against Poverty," of the 1967-68 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TOTAL ACTION AGAINST POVERTY ~41 Total Action Against Poverty ....................... $ 24,789.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTE ST: / C/ity Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 31st day of July, 1967. No. 17641. AN ORDINANCE to amend and reordain Chapter 1, "Building Code", of Title XV, "Construction, Alteration and Use of Land, Buildings and Other Structures" of the Code of the City of Roanoke, 1956; providing for the codification of certain of the provisions hereinafter adopted into the Code of the City of Roanoke, 1956, as Chapter 1.1 of Title XV of said Code; adopting by reference, pursuant to the provisions of Section 27-5.1 of the 1950 Code of Virginia, that certain building code known as the Southern Standard Building Code, promulgated and published by the Southern Building Code Congress, being particularly the 1965 copyrighted edition thereof and the whole thereof, save and except such portions as are deleted, modified amended, and adopting by reference all of the Standard as set forth in Appendices "A", "B". "C" and "D" of said Southern Standard Building Code, for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, including administration, permits and penalties; providing for the establishment of fire districts and for the continuation of the City's fire limits; providing for the severability of the provisions of this ordinance; designating the manner in which this ordinance may be cited; and providing for the effective date of this ordinance. WHEREAS, the Council has heretofore appointed a Building Code Study Committee, which committee was charged with t, he duty of studying the several recognized building codes for the purpose of determining which would be best suited for use by the City of Roanoke, and after having conducted its investigation and study of the principal bull, ding codes in the country, being the B.O.C.A. Code, th~ National Building Code and the ,Southern Standard Building Code, has unan4mously recommended that the City adopt the Southern Standard Building Code: and WHEREAS, a public heari, ng, as provided for in a certain netice heretofore caused to be published, was held on the lOth day of July, 1967, at 2:00 o'clock, ,p.m., before the Council of the City of Roanoke, at which hearing all par,ties in inter:est and oitizens were given an opportunity to be heard, both for an against t,he proposed adoption of the said Southern Standard Building Code; and WHEREAS, .t.h.i.s. 4;o.u.n.~i.l.,..~f.t.~r..c~)~sidering all of the matters and recommenda. tions presented, is of :the opinion that the So,uthern Standard Building Code, as here- inafter amended, should be adopted by the Council of the ~ity of Roanoke as the official 1967 Building Code of said City. THEREFORE, BE IT ORDAI~..ED by the Council of the City of Romoke that- Chapter 1, "Building Code," of Title X¥, "Construction, Alteration and Use of Land, Buildings and Other Structures'', of the Code of the City of Roanoke, 1956, be, and said Chapter is hereby amended, in toto, and reordained as Chapter 1.1 of said Title and Code, to read and provide, and to be codified as follows: CHAPTER 1.1 1967 BUILDING CODE Sec. 1. Southern Standard Building Code - Adoption. The provisions, requirements and regulations contained in that certain building code known as the Southern Standard Building Code, promulgated and published by the Southern Building Code Congress, being particularly the 1965 copyrighted edition thereof and the whole thereof, together with and includ- ing Appendix "A" - Weights of Building Materials, Appendix "B" - Fire Resistance Ratings for Materials and Construction, Appendix "C" - Wood Preservatives, and Appendix "D" - Hurricane Require- ments, incorporated into and promulgated and published as a part of the 1965 edition of said. Southern Standard Building Code, save and except such portions as are hereinafter deleted, modified or amended, be, and the same are hereby adopted by the City of Roanoke and are incorporated herein by reference as fully as if set out at length herein and from and after the date on which this ordinance shall become effective, the provisions hereof shall be controlling in the construction of all buildings and other structures therein contained within the corporate limits of the City of Roanoke; copies of said Code and of this ordinance and any subsequent ordinances amendatory thereof shall be kept on file in the office of the Building Commissioner and in the Office of the City Clerk. Sec. 2. Same - Amendments. The Southern Standard Building Code be, and the same is hereby amehded and reordained in the following respects: Section 102. Organization, is hereby amended and reordained to read and provide as follows: Section 102. Organization. 102.1. Building department. There is hereby continued and established in the city a depart- ment of buildings and the executive official in charge thereof shall be known as the building commissioner. 102.2. Building commissioner-Appointment; term; removal. The building commissioner shall be appointed by the city manager, subject to confirmation by the City Council. His appointment shall continue during good behavior and satisfactory service. He shall not be removed from office except for cause after full opportunity has been given him to be heard on specific charges. 102.3. Same - Acting commissioner. During temporary absence or disability of the building commissioner, the city manager shall designate an acting build- ing commissioner. 102.4. Same-Assistants, etc. The building commissioner, with the approval of the city manager, may appoint such number of inspectors, assistants and other employees as shall be authorized from time to time to carry out the functions of the department of buildings. 102.5. Same - Bond. The building commissioner shall be bonded in behalf of the city in the penalty of five thousand dollars with good and law- ful security to insure the faithful performance of his duties. 102.6. Same - Qualifications. To be eligible to appointment, the candidate for the posi- tion of building commissioner shall have had experience as an architect, structural engineer, building inspector or superin- tendent,of buildin9 construction. He shall be in 9ood health, physically capable of making the necessary examinations and inspections of work required by the Building Code. He shall not have any interest whatever, directly or indirectly,in the sale or manufacture of any material, process or device enter- ing into or used in or in connection with building construction, alterations, removal and demolition. Section 103. Powers and duties of building official, subsect- ion 103.4, Unsafe buildings, is hereby amended and reordained to read and provide as follows: 103.4. Unsafe buildings. (a) Removal or made safe. When a building or structure or any portion thereof is found unsafe upon inspection by the building official, he shall order such building or structure or any portion thereof to be made safe or taken down and removed. The term unsafe building or structure or portion thereof shall include buildings or structures or portions thereof structurally unsafe; unstable; unsanitary; inadequately provided with exit facilities; con~itutin9 a fire hazard; unsuitable or improper for the use or occupancy to which they are put; constituting a hazard to health or safety because of inadequate maintenance, dilapidation, obsolescence or abandon- ment; or otherwise dangerous to life or property. (b) Restoration of unsafe building or structure. A building or structure or part thereof declared unsafe by the building official may be restored to safe condition; provided that if the damage or cost of reconstruction or restoration is in excess of 50 percent of the value of the buildin9 or structure, exclusive of foundations, such buildings or structures, if reconstructed or restored, shall be made to conform with respect to materials and type of construction, to the requirements of this code; but no change of use or occupancy shall be compelled by reason of such reconstruction or restoration. (c) Notice of unsafe buildings or structures; order to make safe or secure or to remove. Upon determining that a building or structure or a portion thereof is unsafe as heretofore defined in this section, the building commissioner shall serve on the owner of said building or structure, or on one of the owners, or on the agent, attorney or other representative of said owner or owners, a written notice containing a brief description of the building or structure or portion thereof determined to be unsafe, a statement of the particulars in which the building or structure or portion thereof is unsafe, and an order requiring the same to be made safe and secure or removed, as may be determined by him, and fixing the time within which complia~ce shall be commenced or completed. If any person to whom such notice and order is addressed cannot be found after diligent inquiry or search, then such notice and order shall be sent by registered mail to the last known address of such person or a copy of such notice may be published for not less than five days in a newspaper of general circulation in the City of Roanoke and, in either case, a copy of such notice shall be posted in a conspicuous pla~e on the premises to which it relates, Such mailing or advertisement and posting shall be deemed adequate service of such notice and order upon the owner or owners and upon any other person having an interest in the premises and a failure by any such person to comply with the .terms of said order shall be deemed to be a violation of this Code. (d) Disregard of notice and order. If any person served with an order of the building commissioner to make safe or secure, or remove, an unsafe building or structure should fail within the time required in such order to comply /vith the requirements of said order, the building commissioner may make complaint against such person for noncompliance under section 114 of this Code, or may report such noncompliance to the city attorney with request that an appropriate action at law or proceeding in equity be instituted to secure compliance with said order or, in his dis- cretion, said buildin9 commissioner 'may cause the necessary work to be done to place the said building, structure, or part thereof, in a safe or secure condition, the cost to the city of such work to constitute a lien on the land upon which the building or structure is located and to be recovered from the owner or other person in possession, charge or control of such property. Before said buildin9 commissioner shall undertake the work of making safe or secure any such building or of removing the same, he shall cause ar. appraisal to be made by a committee consisting of 2 licensed real estate agents and 2 licensed contractors, appointed by said building commissioner, who shall, together and at a predeter- mined time, inspect said property and appraise the value of said building or structure in its present condition, determine the estimated cost of doing the work necessary to make said building or structure comply with the requirements of this Code, and determine the estimated value of said building or structure if the woPk ordered to be done were performed. If, in any case, the estimated cost of such work is greater than 50% of the estimated value of the building or structure after the performance of such work, the build- ing commissioner shall not undertake to place said building or structure in safe or sound condition but shall remove the same. Not less than 5 days' written notice of the date and time at which the aforesaid committee will inspect the property as aforesaid shall be given by the building commissioner to the person served with said building commissioner's notice and order in any manner provided in paragraph (c) of subsection !03.4, supra. (e) Emergency work - Authority to demolish - Lien created. (1) In case there shall be, in the opinion of the building commissioner, actual and immediate danger of failure or collapse of an unsafe buildin9 or structure, or any part thereof, so as to endanger life or property, the building commissioner shall forth- ~ith cause the necessary work to be done to render said building or structure, or part thereof, temporarily safe, whether other pro- cedure in this section shall have been instituted or not, and the cost to the city of such work shall constitute a lien on the land upon which the building or structure is located and may be recovered from the owner or Other person in possession, charge or control of such property. (2) If, in accordance with the provisions of this section, the work of placing any building, structure, or part thereof, in a safe condition shall devolve upon the building commissioner and it shall appear that such building, structure, or part thereof, is in such condition as not to warrant the expenditure thereon of a sum of money sufficient to make such repairs or do such work as is necessary to put the same in a safe condition, the buildin9 commissioner shall have the authority to tear down and remove such buildin9, structure, or part thereof, and the expense of tearing down and destroying any such buildin9 or structure, or part thereof, and of the removal, if necessary, of the materials from the land, shall be charged to the person owning or in possessio~i, charge or control of such buildin9 or structure, or part thereof, and the building commissioner shall recover, or cause to be recov- ered, for the city from such owner or person in possession, charge or control, the cost to the city of doing such work by some appropriate legal proceeding; and such cost shall be and remain a lien on the land upon which said building or structure is located until the same be paid. Section 103. Powers and duties of building officials, subsec- tion 103.8, Reports, is hereby amended and reordained to read and provide as follows: 103.8. Building commissioner - Duties, responsibilities, reports and rules. (a) The buildin9 commissioner hsall devote his whole time to the duties of his office. He shall receive applications required by the Buildin9 Code, issue permits and furnish the prescribed certificates. He shall examine premises for which permits have been issued and shall make necessary inspections to see that the provisions of law are complied with and that construction is prosecuted safely. In addition to other duties imposed upon him by law, he shall enforce all provisions of the Building Code. He shall, when requested by proper authority, or when the public interest so requires, make investigations in connection with matters referred to in the BuildinG Code and render written reports on the same. To enforce compliance with law, to removal illegal ~or unsafe conditiom, to secure the necessary safeguards durin~ construction, or to require adequate exit facilities in buildings and structures, he shall issue such notices or orders as may be necessary. (b) Inspection required under the provisions of the Building Code shall be made by the buildin9 commissioner or his duly appointed assistant. The building commissioner may accept reports of inspect6rs of recognized inspection services after investiga- tion of their qualifications and reliability. No certificate called for by any provision of the Building COde shall be issued on such reports unless the same are in writin9 and certified to by a responsible officer of such service. (c) The building commissioner shall keep comprehensive records of applications, of permits issued, of certificates issued, of inspections made, of reports rendered, and of notices or orders issued. He shall retain on file copies of required plans and all documents relating to building work so long as any part of the building or structure to which tney relate may be in existence. (d) All such records shall be open to public inspection for good and sufficient reasons at the stated office hours, but shall not be removed from the office of the building commissioner without his written consent. (e) The building commissioner shall make written reports to the city manager once each month, or oftener if requested, including statements of permits and certificates issued, and orders promul- gated. (f) The buildin9 commissioner shall promulgate rules as pre- scribed in the Building Code and consistent therewith, it being the intent of this requirement that the standards of federal or state bureaus, national technical organizations or fire under- writers, as the same may be amended from time to time, shall serve as a guide in fixing the minimum rules of practice under the Building Code. 3O For the purpose of securing' for the public the benefits of new developments in the building industry and yet insurin9 puk. lic safety, the building commissioner shall make or cause to be made investigations, or may accept duly authenticated reports from recognized sources, of new materials or modes of construction, intended for use in the construction of buildings or structures in the city or the territory covered by the Building Code which are not provided for in the Building Code, and shall promulgate rules setting forth the conditions under which such materials or modes of construction may be used. No rule of the buildin9 commissioner shall become effective until four weeks after notice of intention to enforce it shall have been given through the publication in a newspaper in general circulation in the city and until a public hearing on the same shall have been held; provided, that said public hearth9 shall not be necessary unless a request shall have been made for such hearing durin9 the said period of publication. Such rule must be drawn in its proposed form and open to public inspection at the time the nofice to enforce is published. Rules promulgated as herein provided shall have the same force and effect as provisions of the Building Code. Any rule may be amended or repealed by the same procedure prescribed for the adoption of new rules. (g) The building commissioner may request and shall receive .so far as may be necessary, in the discharge of his duties, the assistance and cooperation of other officials of the city. (h) The building commissioner in the discharge of his official duties, and upon proper identification, shall have authority to enter any building, structure or premises at any reasonable hour. Section 103. Powers and duties of building official, is hereby amended by the addition of a new subsection, numbered 103.9, which new subsection shall read and provide as follows: 103.9. Fire districts established. The following two fire districts are hereby established in the city for the purpose of administration of this chapter: (a) Fire District No. i of the city shall be.the area of the city within the Fire Limits heretofore established and described by Sec. 13, of Chapter 1, Title XV of the Code of the City of Roanoke, 1956, and which shall, for all other purposes, continue to be known as the Fire Limits, viz: BEGIS:NING at the intersection of the centerlines of Jefferson Street and Walnut Avenue; (and with the centerlines of the following streets, avenues and alleys) thence west on Walnut Avenue to First Street, S. W.; thence north on First Street, S W., to Mountain Avenue, S W.; thence west on Mountain Avenue to Third Street, S. W.; thence south on Third Street to Highland Avenue, S. W.; thence west on Highland Avenue to Fourth Street, S. W.; thence north on Fourth Street to Mountain Avenue, S. W.; thence west on Mountain Avenue to Fifth Street, S W.; thence north on Fifth Streetto Day Avenue, S. W ; thence west on Day Avenue to Sixth Street, S. W.; thence north on Sixth Street to Marshall Avenue, S W.; thence west on Marshall Avenue, to Seventh Street, S. W.; thence north on Seventh Street to 'Campbell Avenue, S. W.; thence west on Campbell Avenue to Ninth Street, S. W.; thence north on Ninth Street to Patterson Avenue, S W.; .t~hence west on Patterson Avenue to Tenth Street, S. W.; thence north on Tenth Street to Jackson Avenue, S W.; thence east on Jackson Avenue to Nine and 0ne-half Street, S. W.; thence north crossin9 the Norfolk and Western Railway to Tenth Street, N. W., and alon9 Tenth Street to Loudon Avenue, N. W.; thence east on Loudon Avenue to Seventh Street, N. W.; thence north on Seventh Street to Gilmer Avenue, N. W.,; thence east on Gilmer 'Avenue to Commonwealth Avenue and Second Street, N. E.; thence north on Second Street to Patton Avenue, N. E.; thence east on Patton Avenue to Fourth Street, N E.; thence south on Fourth Street, N. E. a straight line crossin9 the Norfolk and Western Railway to Campbell Avenue, S. E.; thence east on Campbell Avenue to Eighth Street, S E.; thence sOuth on Eighth Street to the alley between Tazewell Avenue and Stewart Avenue S. E.; thence west with the alley and continuing a straight line 135 feet distant from and parallel to Tazewell Avenue to the intersection of this line with Fourth Street, S. E.; thence south on Fourth Street to Three and One-half Street, S. E.; thence south on Three and One-half Street to Albe- marle Avenue, S E.; thence east on Albemarle Avenue to Fourth Street, S. E.; thence south on Fourth Street to the northerly right-of-way line of the Virginian Railway; thence southwest with said northerly right-of-way line to South Jefferson Street; thence north on Jefferson Street to Walnut Avenue, the place of BEGINNING. (b) Fire District No. 2 of the city is hereby established as all properties not fallin9 within Fire District No. 1, which ~e zoned: C-l, Office and Institutional District; C-2, General Commercial District; C-3, Central Business District; and Central Business District Expansion Area, under Chapter 4.1, of Title XV of the Code of the City of Roanoke, 1956, as amended, in relation to Zoning. Section 106. Permits, subsection 106.2, Contractors license and bond required, is hereby amended and reordained to read and provide as follows: 106.2. Contractors license and bond required. (a) It shall be the duty of every contractor or builder, who shall make contracts for the erection or construction or repair of buildings for which a permit is required, and every contractor or builder makin9 such contracts and sublettin9 the same, or any part thereof, to pay a license tax as provided in the general license ordinance, and to register his name in a book provided for that purpose, with the buildin9 official, giving full name, residence and place of business, and, in case of removal from one place to another to have made correspondin9 change in said register accordingly; and it shall be the further duty of every such person to give good and sufficient bond in the sum of one thousand dollars ($1,000.00), to be approved by the city attorney, conditioned to conform to the buildin9 regulations, the regula- tions of this section, and other ordinances or laws of the applicable governing body in reference to buildings. (b) Buildin9 operations on streets or alleys or which encroach as permitted or required by this chapter can only be done by an owner or contractor who shall post bond with the buildin9 commissioner in the amount of five thousand dollars ($5,000.00), with an approved surety to protect the city against damages to p,~rsons or property, both public and private, incidental to the construction operations or encroachments. Encroachments on the streets or alleys are permitted only to the extent specifically approved by the buildin9 commissioner and for a definite period of time. Section 107. Fees, is hereby amended by the addition of a new subsection, numbered 107.6, which said new subsection shall read and provide as follows: 107.6. Final cost report. Every applicant shall make a report of final cost and certify to its correctness as soon after completion of the work as possible, but in no case later than ninety days after the comple- tion of the work. Should the fee based on the final cost exceed the permit fees previo,~sly paid on this work, then this difference in fees shall be paid and a supplemental permit issued. Section 111. Board of adjustments a~d appeals, subsection lll.1, Appointment, and subsection 111.2, Term of office, are hereby amended and reordained to read and provide as follows: 111.1. Appointment. There is hereby continued in the city a board formerly known as the board of appeals, hereinafter to be called the board of adjustments and appeals, consistin9 of 5 members who are qualified by experience and training to pass upon matters per- taining to buildin9 construction and who shall be appointed by the Council of the City of Roanoke. The Council shall .desi§nate one of the members to serve as chairman. lll.2. Term of office. The Council of the City of Roanoke shall appoint one member of the board of adjustments and appeals for a tern of one year, one member for a term of 2 years, one member for a term of 3 years, one member for a term of 4 years, and one me~ber for a term of § years. Upon expiration of the term of office of a member of the board, his successor shall be appointed for a term of 5 years. Vacancies shall be filled for an unexpired term in the manner in which original appointments are required to be made. Continued absence of any member ~' regular meetings of the board shall, at the discretion of the Council, render any such member lihble to immediate removal from office by said Council. Section 114. Violations and penalties, is hereby amended and reordained to read and provide as follows: Section 114. Violations and penalties. A person who shall violate a provision of this Code or fails to comply therewith or with any of the requirements thereof, or who shall erect, construct, alter or repair, or has erected, constructed, altered or repaired a buildin9 or structure or portion thereof, in violation of a detailed statement or plan submitted and approved thereunder, or of a permit or certificate issued, thereunder, shall be guilty of a misdemeanor punishable by a fine of not less than $10.00 nor more than $100.00, or by imprisonment not exceeding 6 months, or by both such fine and imprisonment. Also the owner of a buildin9 or structure or portion thereof, or of the premises where anythin9 in violation of this Code shall be placed or shall exist, and an architect, enqineer, builder, contractor, agent, person or corporation employed in connection therewith and who may have assisted in the commisiion of such violation shall each be guilty of a separate offense and upon conviction thereof shall be punishable by a fine of not less than $10.00 nor more than ~100.00, or by imprisonment not exceedin9 6 months, or by both such fine and imprisonment . Section 512. Assembly occupancies, subsection 512.7, Aisles and seatin9, paragraph (e), is hereby amended and reordained to read aris provide as follows: (e) Rows of seats between aisles shall have not more than 16 seats. Subsection 2201.2, Marquees or fixed awnings; subsection 2201.3, Movable awnings (Uetal or Canvas); subsection 2201.4, Prohibitive locations; subsection 2201.5, Construction require- ments; and subsection 2201.6, Roof drainage required, of Section 2201, General, be, and said subsections are hereby REPEALED. Section 2202. Other projections, is hereby amended by the addit-ion of a new subsection, numbered 2202.3, to read and provide as follows: 2202.3. Street encroachments. (a) Existin9 parts of buildings or structures which project beyOnd the street line or buildin9 line may be maintained as constructed until their removal is directed by the municipality. (b) Area, sidewalk vaults, sidewalk doors and coal shutes may extend beyond the buildin9 line but shall not extend beyond the street line without first filin9 an application with the buildir, g official requestin9 special permission to encroach over the street line. The building commissioner shall study this applica- tion and if the proposed encroachment will not interfere with the proper use of the streets, he shall 9rant this special permission after the applicant has posted a bond or other sufficient surety to protect the city from any claim for liability by reason of the existence of such encroachment and to assure the proper maintenance of the area, sidewalk door, coal chute, and parts thereof and to assure the construction of proper walls alon9 the street line and the replacement of the sidewalk whenever the permission to occupy this space is revoked. This bond shall remain in force as long as this encroachment extends beyond the street line, or until the property is sold and the new owner has posted the required bond. 33 Chapter XXIII, Signs and Outdoor Displays, in its entirety, is hereby REPEALED. The Southern Standard Building Code is hereby amended by the addition of a new chapter, numbered XXIX, entitled "Demolition", said new chapter to read and provide as follows: CHAPTER XXlX DEMOLITIO~ 2901.1. Procedure. Except where there is adequate space and special permission has been received from the building official in the demolition of buildings, one story at a time shall be completely removed, No wall, chimney, or other construction shall be allowed to fall in mass on an upper floor. Bulky material, such as beams and columns, shall be lowered and not allowed to fall. 2901.2. Chutes. (a) Chutes for the removal of materials and debris shall be provided in all such parts of demolition operations that are more than 20 feet above the point where the removal of material is effected. (b) Such chutes shall be completely enclosed. They shall not e~tend in an unbroken line for more than 25 feet, but shall be equipped at intervals of 25 feet or less with substantial stops to prevent descending material from attaining dangerous speeds. (c) The bottom of each chute shall be equipped with a gate or stop, with suitable means for closing or regulating the flow of material. 2901.3. Gradin9 of lot. When a building has been demolished and no building operation has been projected or approved, the vacant lot shall be filled, graded and maintained in conformity to the established street grades at curb level. The lot shall be maintained free from the accumulation of rubbish and all other unsafe or hazardous condi- tions which endanger the life or health of the public; and pro- visi6n shall be mad e to prevent the accumulation of water or damage to any foundations on the premises or the adjoinin9 pro- perty. 2901.d. Utility connections. All service utility connections shall be discontinued and capped in accordance with the approved rules and the requirements of the municipal authority having jurisdiction. House sewers that are discontinued shall be capped by inserting and cementing a concrete or vitrified clay plug in the bell at the end of the remainin9 portion of the house sewer so as to make it permanently water tight. When this is impractical, the pipe shall be capped by other approved means. Sec. 3. Title - Citation of chapter. Chapter 1.1 of Title XV of the Code of the City of Roanoke, 1956, as the same is from time to time amended, and the provisions set out in the Southern Standard Building Code shall be known, designated and cited as the 1967 Building Code of the City of Ro an o k e. BE IT FURTHER ORDAINED that nothin9 contained in this ordinance shall be deemed to repeal any provision of this Code other than the provisions heretofore contained in Chapter 1, Title XV of said Code of the City of Roanoke, 1956. BE IT FINALLY ORDAINED that this ordinance shall be in force and effect on and after the 1st day of September, 1967. APPROVED ATTEST: / 'City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 31st day of July, 1967. No. 17642. 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 property located on the south side of Whitney Avenue, N. W., between Woodbury Street and Hubert Road, described as Lots B, lA, lB and lC, Block 1, Church Court, Official Tax Nos. 2200205, 2200206, 2200239 and 2200240, rezoned from RS-3, Single Family Residential District, to RD, Duplex Residential District; and WHEREAS, the City Planning Commission has recommended that the hereinafter described land be rezoned from RS-3, Single Family Residential District, to RD, Duplex Residential District; and WHEREAS, tl~e 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 hearin9 as provided for in said notice was held on the 31st day of July, 1967, 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. 220 of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz.: Property located on the south side of Whitney Avenue, N. W., between Wood- bury Street and Hubert Road, described as Lots B, lA, lB and lC, Block 1, Church Court, designate~ on Sheet 220 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax Nos. 2200205, 2200206, 2200239 and 2200240, be and is hereby changed from RS-3, Single Family Residential District, to RD, Duplex Residential District, and that Sheet No. 220 of the aforesaid map be changed in this respect. APPROVED ATTEST: / City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 31st day of July, 1967. No. 17658. A RESOLUTION authorizin9 and directin9 application to be made to the Vtrqinia State Water Control Board and the Federal Water Pollution Control Administration for a 9rant to the City under the Federal Water Pollution Control Act for aid in construction of certain public interceptor sewer line projects. WHEREAS, the City, in the first phase of its approved Capital Improvements Proqram, desires to commence the construction of its Tinker Creek, Oranqe Avenue and Lick Run public interceptor sewer line projects, the plans and specifications of which are now bein9 made and prepared and the total cost of all which construc- tion is persently estimated to amount to approximately $902,300.00; and ~/HEREAS, the City needin9, in addition to the local funds available for the aforesaid purpose, other funds or 9rants in aid which may be used for purposes of water pollution control, is advised that application may be now made for 9rant of Federal funds to become available in Fiscal Year 1969 pursuant to the provisions of the Federal Water Pollution Control Act, as amended, and that, should the Conqress make certain additional appropriations, such funds miqht be. made available to the City in Fiscal Year 1968; and WHEREAS, this Council, considerin9 the need for the aforesaid public interceptor sewer lines to be acute, desires to obtain such financial aid as may be made available to the City in order that said improvements may be constructed and placed in operation. ~tEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manaqer be, and he is hereby authorized and dire'cted to make application on behalf of the City to the State Water Control Board and Federal Weter Pollution Control Administration for a qrant to the City of $270,690.00 of Federal funds to be made available under provisions of the Federal Water Pollution Control Act in Fiscal year 1969, or earlier, should such funds be available for Fiscal Year 1968, to aid the City in its construction of its proposed Tinker Creek, Oranqe Avenue and Lick Run public interceptor sewer li~e projects; and, in so doin9, said City Manaqer is authorized to execute the name of the City of Roanoke to requisite application forms and to make the assurances provided for in Resolution No. 16296 of t~his Council and the further assurance that if such 9rant be made to the City, said City Will pay the remaininq cost of the projects so approved and will provide, after construction of the aforesaid projects, proper and efficient operation and maintenance of said interceptor sewer lines. APPROVED ATTEST: t~ity Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 31st day of July, 1967. No. 17659. A RESOLUTIOr. authorizing the City's participation in the "dropout" program of the Neighborhood Youth Corps. WHEREAS, the Council, by Resolution No. 17533 adopted on the 15th day of May, 1967, authorized the City Manager tO arrange, through Total Action Against Poverty in RoanOke Valley, for the City's use of certain young men and women to participate as aides in certain of the City's departments for a period of approximately twelve weeks, they to be compensated for their services by the Federal Government; and WHEREAS, the City Manager has now recommended that the Council approve the City's participation in the "dropout" program of employment conducted and supervised by said Neighborhood Youth Corps which would permit certain additional male youths to gainfully render services in the City's Public Works Department. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized to permit and arrange for the City's use of the services of approximately thirty male youths as aides in the Public Works Department for the purposes set out and described ih said City Manager's report to the Council made July 24, 1967, said youths to be assigned by and under the general supervision of the Neighborhood Youth Corps in the conduct of its "dropout" program, to perform approximately thirty-two hours of work per week in the City's aforesaid department, and to be paid out of Federal funds allocated to said Neighborhood Youth Corps wages at the rate of $1.25 'per hour. APPROVED ATTEST: /City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 31st day of July, 1967. No. 17660. A RESOLUTION relating to a proceeding pending in the Circuit Court of Roanoke County for the annexation to the City of Roanoke of an area of approximately 84 acres of land adjacent to the City's southerly corporate limits. WHEREAS, certain proceedings have been brought in the Circuit Court of Roanoke County by John E Higqins and others, for the annexation to the City of Roanoke of approximately 84 acres of land adjacent to the southerly corporate limits of the City, said land being described by metes and bounds in a petition filed in said Court on June 23, 1967, and the City of Roanoke having been made a party WHEREAS, this Council, haviL9 maturely considered the matter, is of opinion that the best interests of the residents of the aforesaid area and of the City of Roanoke would be served by the incorporation of said area into the City of Roanoke, and that said City would be willing to accept said area as a part of the City, should its annexation to the City be ordered by the Court upon fair and reasonable terms and conditions. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that upon determination by the Circuit Court of Roanoke County, Virginia, of the legal regula- rity of the proceedings brought in said Court on June 23, 1967, by John E. Higgins and others, for the annexation of that certain area of land described in the petition filed in the proceedings, containin9 approximately 84 acres adjoining the present southerly corporate limits of the City of Roanoke, legal counsel for said City be, and are hereby authorized and directed to file in said proceedin,~s, on behalf of the City, responsive pleadings to the effect that the City of Roanoke deems it necessary and expedient that the annexation of said area to the City of Roanoke be granted and be ordered by said Court; that said City is willing to accept said new territory and its residents as a part of the City of Roanoke; and that, upon such annexation being so ordered upon fair and reasonable terms and conditions, the City will accept responsibility For providing and rendering to said new area and to its residents substantially the same municipal services as are now and may hereafter be provided and rendered in the existing City. APPROVED ATTEST: //City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of August, 1967. No. 17656. AN ORDINANCE permanently vacating, discontinuing and closing Ash Street, S. E., extending from the easterly side of relocated Belleview Avenue, S. E., easterly to its intersection with Ivy Street, S. E. WHEREAS, Roanoke Hospital Association heretofore made application to the City of Roanoke, Virginia, that the street hereinafter described be permanently vacated, discontinued and closed, after having first posted a notice of the intended application as provided by law; and WHEREAS, the Council of the City of Roanoke, Virginia, on the 12th day of June, 1967, adopted Resolutio~ No. 17569, appointing Messrs. R. R. Quick, C. F. Kefauver, A. B. Coleman, R. L. Mastin, Jr., and L. Elwood Norris, any three or more of whom may act, as viewers to view the aforesaid street and report in writing, 38 pursuant to the provisions of Section 15.1-364 of the Code of Virginia of 1950, as amended to date, whether in their opinion any, and if any, what inconvenience would result from discontinuing the same; and WHEREAS, three of said viewers did visit and view the aforesaid street and the adjacent neighborhoods and did report in writing that in their opinion no inconvenience would result either to any individual or to the public from vacating, discontinuing and closing said street; and WHEREAS, this matter has been referred to the Planning Commission of the City of Roanoke, Virginia, which said Commission has approved the permanent vacating, discontinuing and closing of said street; and WHEREAS, a public hearing on the aforesaid application to permanently vacate, discontinue and close said street was held, after a notice thereof was duly advertised in The Roanoke World-News on July 14, 1967, advising the public of the sat, public hearing before this Council on Monday, July 31, 1967, at 2:00 p.m., on said day, at which meeting there was expressed no objection or opposition to vacating, discontinuing and closing said street; and WHEREAS, in the opinion of this Council, no inconvenience to the public or any owner will result if said street be vacated, discontinued and closed for the purposes set forth in the aforesaid application. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that that certain street located in the City of Roanoke, Virginia, shown on Sheet No. 405 of the Tax Appraisal Map of the City of Roanoke, Virginia, and more particularly described as follows, to wit: Ash Street, S. E., extending from the easterly side of relocated Belleview Avenue, S. E., easterly to its i'ntersection with Ivy Street, S. E. be and the same is hereby permanently vacated, discontinued and closed and that all right, title and interest of the City of Roanoke, Virgi~ia, and the public in and to the same be and they are hereby released insofar as the Council is empowered so to do the City of Roan'oke reserving unto itself, however, a perpetual easement for sewer lines, drains, water lines and other public utilities which may now be located in the aforesaid street. BE IT FURTHER ORDAINED that the City Engineer be and he is hereby directed to 'mark "Permanently Vacated, Discontinued and Closed" said street on all maps and plats on file in the Office of the City Engineer of the City of Roanoke, Virginia, on which said street is shown, referring thereon to the book and page of Ordinances and Resolutions of the Council of the City of Roanoke, Virginia, wherein this Ordinance shall be spread; and the City Clerk' is directed to transmit an attested copy hereof to the Clerk of the Hustings Court of the City of Roanoke for recordation in said Clerk's Office. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of August, 1967. No. 17657. A~i ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, and Sheet No. 253, Sectional 1966 Zone Map, City ofi Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have Lot 8, Block 1, Angell Addition Map, Official Tax No. 2530111, rezoned from RD, Duplex Residential District, to LM, Light Manufacturing District; and WHEREAS, the City Planning Commission, to whom the matter was referred for study, has recommended that the above described land be rezoned from RD, Duplex Residential District. to LM, Light Manufacturing District; said Plannin9 Commission also recommendin9 that certain other properties adjacent to the land above described, viz: Lots 7 and 8, H. H. Layman Map, Official Tax Nos. 2530112 and 2530120, be also rezoned from RD, Duplex Residential District, to LM, Light Manufacturin9 District; and WHEREAS, the written notice and the posted sign required to be published ant posted, respectively, by Section 71, Chapter 4.1, Title X¥, of The Code of the City oi Roanoke, 19~~, as amended, rel~tin~ to the proposed rezonin9 of all of the above de.s- cribed property, 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 31st day of July, 1967, 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 7on'ing. and Sheet No. 253 of the Sectional 1966 Zone Map, City of Roanoke be amended in the following particular and no other, viz.: Property located on the west side of 31st Street, N. W., known and des- cribed as Lot 8, Block 1, Angell Addition Map, and Lots 7 and 8, B. H. Layman Map, designated on Sheet 253 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax Nos. 2530111. 2530112 and 2530120, be, and is hereby, chanoed from RD, Duplex Residential District, to LM, Light Manufacturing District, and that Sheet No."253 of the aforesaid map be changed in this respect. ATTEST: / / City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of August, 1967. No. 17661. A RESOLUTION authorizing the installation of two 2500 lumen overhead ir~can- descent street lights on Carroll Avenue on the south end of the parking lot in Eureka Park. BE IT RESOLVED by the Council of the City of Roanoke that the Appalachian Power Company be. and it is hereby, authorized to install two 2500 lumen overhead incandescent street lights on Carroll Avenue on the south end of the parking lot in Eureka Park, said lights to be maintained under the contract existing between the Appalachian Power Company and the City of Roanoke. APPROVED ATTEST: ~i ' / City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of huqust, 1967. No..17662. AN ORDINANCE authorizing and directing the acquisition of certain propertie and easements necessary for the construction of the City's U. S. Route 460 Project, upon certain terms and conditions; accepting on behalf of the City certain options in writir~g offered to the City for acquiring said properties; authorizing and directing the payment by the City of the several purchase prices set out in said options, upon delivery to the City of adequate deeds of conveyance; and providing for an emergency. WHEREAS, there have been tendered to the City certain options in writing. signed by the respective landowners, offering to sell and convey to the City upon the terms therein stated and for the prices hereinafter provided, certain properties and easements necessary for the City's construction of its U. S. Route 460 Project for certain improvements to portions of Oranpe Avenue, N. E., all of which said options have been made to the City on the basis of valuations established by separate apprai- sals made of each of said properties, the sum proposed to be payable to said property owners, in each case, having been approved by the City Manager and by the virginia Department of Highways, and amounts sufficient to pay said proposed purchase prices having heretofore been appropriated for that purpose by the Council; and WHEREAS, all of the properties and easements hereinafter referred to and authorized to be acquired are wanted and needed by the City for the accomplishment of the aforesaid Project and the Council deems and declares an emergency to exist in ord, that this ordinance take effect upon its passage. r ~ THEREFORE. BE IT ORDAINED by the Council of the City of Roanoke that said City doth hereby accept and agree to abide by the terms of and purchase, acquire and pay for the several properties and easements in land hereinafter briefly described but set out and described in more detail on the respective written options herein mentioned, a copy of each option being on file in the Office of the City Clerk, and doth authorize and direct the City's acquisition by proper deed of conveyance of the followin9 properties and easements from the persons and owners and for the various purchase prices set out in said options, which are as follows: Parcel 007, being a 375 sq. ft. easement area and 10,437 sq. ft. of land in fee in Lots 1, 2, 3 and 4, Section 23, Glens Falls Map, Official Nos. 3210101, -0~,'-03 and -04, from Alfred ¥. Thomas and Dorothy L. Thomas for $12,254.00 Parcel 008, bein9 a 2 sq. ft. easement area in Lot 5, Section 22, Glens Falls Map, Official No. 3210105, from Susie Dickerson Pinkard for $ 10.00 Parcel 010, being a 360 sq. ft. easement area in Lots 10 and 11, Section 23, Glens Falls Map, Official Nos. 3210108 and 3210109, from Turner Adver- tisin9 Co. of Roanoke for $ 25.00 Parcel 012, being a 525 sq. ft. easement area in Lot 1, Block 21, Jackson Park Addition Map, Official i4o. 3221101, from Genevieve Nero Thomas for $ 47.00 Parcel 013, being a 600 sq. ft. easement area and 56 sq. ft. of land in fee in Lot 2, 'Block 21, Jackson Park Addition Map, Official No. 3221102, from Genevieve Nero Thomas for ¢ ~9 O0 Parcel 017, bein9 a 1280 sq. ft. easement area and 1840 sq. ft. of land i~ fee in Lots 8 and 9, Block 21, Jackson Park Addition Map, Official Nos. 3221108 and 3221109, from Robert E. Ballard, Doris Huffman, and others, for $ 296.00 Parcel 019, being an 820 sq. ft. easement area and 900 sq. ft. of land in fee in Lot 11, Block dO, East Gate Addition Map No. 2, Official No. 3221111, from Lee Hyer Sutton for $ 100.00 Parcel 020, being an 860 sq. ft. easement area and 880 sq. ft. of land in fee in Lot 12, Section 40, East Gate Addition Map No. 2, Official No. 3221112, from W. ~. Weese for $ 98.00 Parcel 026, being a 2940 sq. ft. easement area and 2100 sq. ft. of land in fee in Lots 18, 19 and 20, Sec- tion 40, East Gate Addition Map No. 2, Official Nos. 3221118, -19 and -20, from George B. Lawson, Jr., et al, Executors and Trustees u/w George B. Lawson, deceased, for $ 240.00 Parcel 027, being a 920 sq. ft. easement area and 720 sq. ft. of land in fee in Lot 21, Section 40, East Gate Addition Map No. 2, Official No. 3221121, from Edna Mollohan for $ 82.00 Parcel 028, being a 1720 sq. ft. easement area and 1520 sq. ft. of land in fee in Lots 22 and 23, Section dO, East Gate Addition Map No. 2, Official Nos. 3221122 and 322i123, from Stella Musick for 172.00 Parcel 029. being an 840 sq. ft. easement area and 8dO sq. ft. of land in fee in Lot 24, Section 40. East Gate Addition Map No. 2, Official No. 3221124, from H. G. Aker for $ 94.00 Parcel 030, being a 1560 sq. ft. easement area and 1840 sq. ft. of land in fee in Lots 25 and 26, Section 40, East Gate Addition Map No. 2, 'Official Nos. 3221125 and 3221126, from Abe Kaufman for $ 204.00 Parcel 033, being a 480 sq. ft. easement area and 920 sq. ft. of land in fee in Lot 32, Section 40, East Gate Addition Map No. 2, Official No. 3221132, from R. A. Mann for Parcel 036, being a 36 sq. ft. easement area in Lot 35, Section 40, East Gate Addition Map No. Official No. 3221135, from Harry L. Reubush for Parcel 038, being a 1300 sq ft. easement area and 700 sq. ft. of land in fee in Lot 2, Section 41, East Gate Addition Map No. 2, Official No. 3221202, from R. E. Marsh for Parcel 040. bein9 a 1640 sq ft. easement area and 460 sq. ft. of land in fee in Lot 5, Block 22, JacksOn Park Addition Map, Official No. 3221205, from R. E. Ballard, Doris Huffman, and others, for Parcel 041. being a 1640 sq fi. easement area and 400 sq. ft. of land in fee in Lot 6, Section 41, East Gate Addition Map No. 2, Official No. 3221206, from Noah Dellorso for Parcel 042, being a 1640 sq ft. easement area and 380 sq. ft. of land in fee in Lot 7, Block 22, Jackson Park Addition Map, Official No. 3221207, from R, E. Ballard, Doris Huffman, and others, for Parcel 045, being a 2726 sq ft. easement area and 1015 sq. ft. of land in fee in Lot 11, Section 41, East Gate Addition Map No. 2, Official No. 3221211, from Mamie Newman for Parcel 046, being a 2430 sq ft. easement area and 1080 sq. ft. of land in fee in the easterly half of Lot 12, Section 41, East Gate Addition Map, Official ~!o. 3221213, from Forrest E. Bice and Mamie Newman for Parcel 048, being a 1380 sq. ft. easement area and 900 sq. ft. of land in fee in Lot 15, Section 41, East Gate Addition Map No. 2, Official No. 3221215, from George B, Lawson, Jr., for Parcel 049, being a 2400 sq. ft. easement area and 1840 sq. ft. of land in fee in Lots 16 and 17, Block 22, Jackson Park Addition Map, Official Nos. 3221216 and 3221217, from R. E. Ballard, Doris Huffman and others for Parcel 055, being a 3280 sq. ft. easement area and 1840 sq. ft. of land in fee in Lots 23 and 24, Section 41, East Cate AGdition Map No. 2, Official Nos. 3221223 and 3221224, fr.om Verna R. Holyfield, et' al for Parcel 056, being a 1640 sq. ft. easement area and 920 sq. ft. of land in fee in Lot 25, Block 22, Jackson Park Addition Map, Official No. 3221225, from R. E. Ballard, Doris Huffman and others for Parcel 057, bein9 a 1500 sq. ft. easement area and 900 sq. ft. of land in fee in Lot 26, Block 22, Jackson Park Addition Map, Official No. 3221226, from Louise B. Adams for Parcel 058, being a 1380 sq. ft. easement area and 860 sq. ft. of land in fee in Lot 27, Section 41, East Gate Addition Map No. 2, Official No. 3221227, from Violet N. Oyler for Parcel 063, being a 316 sq. ft. easement area in Lot 38, Block 19, Jackson Park. Addition Map, Official No. 3221537, from Elkhorn Valley Grocery Company for Parcel 066, being a 900 sq. ft. easement area and 24 sq. ft. of land in fee in Lot 16, Block 20. Jackson Park Addition Map, Official No, 3330103, from J. C. Montgomery for 102 O0 10 O0 80.00 56 O0 50 O0 48 O0 122 O0 128,00 100.00 204.00 204.00 102.00 100.00 96.O0 20.00 15.00 Parcel 079, being a 141 sq. ft. easement area and 210 sq. ft. of land in fee in Lot 27, Block 20. Jackson Park Addition Map, Official No. 3330114, from Ben P, Frith for $ 73.00, and Parcel 080, being a 2597 sq. ft. easement area and 4710 sq. ft. of land in fee in the land shown on the Tax Appraisal Map and the Project Plans as Official Nos. 3340618 and 3340619, from Red Line, Incor- porated, for a sum, includin9 all damages, of $ 3,920.00. BE IT FURTHER ORDAIi~]ED that the City Manager do forthwith cause the grantor or ~qrantors of each of the aforesaid options to be promptly notified of the City's acceptance of each said purchase option and, thereafter, and upon delivery to the City. in each instance, of a 9ood and sufficient deed of conveyance or deed of ease- ment, as the case may be. approved as to form and sufficiency by the City Attorney, the City Auditor be~ and he is hereby authorized and directed to have drawn and delivered to the City Attorney to be used in effectin9 the closing of each aforesaid transaction, the City's check or che'cks in payment of each aforesaid purchase price, which checks may be made payable to such person or persons as are certified by the. City Attorney to be entitled, in each case, to payment of the purchase prices herein- above provided or otherwise entitled to such payment; the total amount to be paid by the City as consideration for the conveyance made in each aforesaid case not to ex- ceed the value hereinabove set forth opposite each respective parcel of land to be so acquired by the City; and the aggregate of all sums payable by the City Auditor under authority of this ordinance not to exceed the total sum of $19, 111.00. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in full force and effect upon its passage. ATTE ST: - ~* ~ ~_. ~-~ 'c/z-, j City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of Auqust, 1967. No. 17663. 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 Orange Avenue, N. E., U. S. Route 460; fixin9 the consideration offered to be paid by the City for each said parcel of land and/or ease- ment and other terms and provisions of such acquisition; providing for the City's acquisition of said lands and easements by condemnation, under certain circumstances; authorizin9 that the City make motion for the award of a right of entry on each or an of said properties for the purpose of commencing its work of improvement; and pro- vidin9 for an emergency. WHEREAS, in order to provide for the widening and improvement of a portion of Orange Avenue, N. E., U. S. Route 460, in accordance with certain plans therefor heretofore approved as Project 0460-128-102, 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 wanted and needed by the City for the purposes aforesaid, a part of said properties being needed to be acquired in fee simple and the City needing to acquire in said other properties easements necessary and sufficient for the proper construc- tion 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 ba.~is of which the valuations hereinafter set out with respect to each said property has been determined by the Council to be fair and reasonable; and funds sufficient.for the payment of the pur- chase 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. THEREFORE, BE IT ORDAIkNED 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 Orange Avenue, N. E., U. S. Route 460, 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 neces- sary for the proper construction of said street in and to the following described lan situate in the City of Roanoke, Virginia, on Orange Avenue, N. E., said parcels of land being described with reference to the City's plans for Project 0460-128-102, RW-201. viz: Parcel 015, being 1031 sq. ft. in easement and 1781 sq. ft. of land in fee in Lots 6 and 7, Section 40, East Gate Addition Map No. 2, Official Nos. 3221106 and 3221107, owned by Luther J. Smith, for $ 465.00 Parcel 021, being 900 sq. ft. in easement and 860 sq. ft. of land in fee in Lot 13, Section 40, East Gate Addition Map No. 2, Official No. 3221113, owned by George S. Hurt, for $ 96.00 45 Parcel 022, being 940 sq. ft. in easement and 820 sq. ft. of land in fee in Lot 14, Section 40, East Gate Addition Map No, 2, Official No. 3221114, owned by Florence McClung, for Parcel 023. bein9 980 sq. ft. in easement and 780 sq. ft. of land in fee in Lot 15, Section 40, East Gate Addition Map No. 2, Official No. 3221115, owned by George S. Hurt, for Parcel 025, being 1000 sq. ft. in easement and 700 sq. ft. of land in fee in Lot 17, Section 40, East 6ate Addition Map No. 2, Official No. 3221117, owned by Sam Buchanan, for Parcel 032, bein9 1602 sq. ft. in easement and 2710 sq. ft. of land in fee in Lots 29, 30 and 31, Section 40, Map of East Gate Addition No. 2, Official Nos. 3221129, -30 and -31, owned by Ora Bell Gill and Margaret E. Bass, for Parcel 037 be n9 1250 sq. ft. in easement and 1630 sq. ft. of land in fee in Lot 1, Section 41, East Gate Addition Map No. 2, Official No. 3221201, owned by James L. Penland, for Parcel 039 bein9 3000 sq. ft. in easement and 1200 sq. ft. of land in fee in Lots 3 and 4, Section 41, East Gate Addition Map No. 2, Official Nos. 3221203 and 3221204, owned by C. G. Blackburn, for Parcel 043 being 1640 sq. ft. in easement and 380 sq. ft. of land in fee in Lot 8, Block 22, Jackson Park Addition Map, Official No, 3221208, owned by J. R. ~unt, for Parcel 050 being 1060 sq. ft. in easement and 920 sq. ft. of land in fee in Lot 18, Block 22, Jackson Park Homes Corporation Map, Official No. 3221218, owned by Robert C. Nelms, for Parcel 051 being 1140 scl. ft. in easement and 920 sq. ft. of land in fee in Lot 19, Section all, East Gate Addition Map No. 2, Official No. 3221219, owned by Mary E. Taylor, for Parcel 052 be~n9 1240 sq. ft. in easement and 920 sq. ft. of land in fee in Lot 20, Section dl, East Gate Addition Map No. 2, Official 5'o. 3221220, owned by Tillman McMillan, for Parcel 05~ being 1500 sq. ft. in easement and 920 sq. ft. of land in fee in Lot 22, Section 41, East Gate Addition Map No. 2, Official No. 3221222, owned by R. A. Naff and Mildred L. Naff, for Parcel 061 bexng 2006 sq. ft. in easement and 3115 sq. ft. of land in fee in Lot 32, Block 22, Jackson Park Addition Map, Official Nos. 3221229, -30, -31, -32, and -3A, owned by R. A. Naff and Mildred L. Naff, for a sum, including all damages, of Parcel 06d, bein9 717 sq. ft. in easement and 148 sq. ft. of land in fee in Lot id, Block 20, Jackson Park Addition Map, Official No. 3330101, owned by Blue Stone Block Company, for Parcel 065, bein9 780 sq. ft. in easement and 80 sq. ft of land in fee in Lot 15, Block 20, Jackson Park Addition Map, Official No. 3330102, owned by E. J. Mason and John-C. Boone, for Parcel 0~7, being lO00 sq. ft. in easement and 8 sq. ft. of land in fee in Lot 17, Block 20. Jackson Park Addition Map, Official No. 3330104', owned by Dorothy Ruth Young, for Parcel 068, being 1100 sq. ft. in easement and 8 sq. ft. of land in fee in Lot 18, Block 20, Jackson Park Addition Map, Official No. 3330105, owned by Ernest Frith, for $ 92.00 $ 88.00 $ 80.00 $ 300.00 $ 173.00 $ 140.00 48.00 102.00 102.00 $ 102.00 102.00 $11,684.00 $ 40.00 $ 2&.00 15.00 15.00 Parcel 074, being 540 sq. ft. in easement and 180 sq. ft. of land in fee in Lot 23, Block 20, Jackson Park Addition Map, Official No. 3330110, owned by O. W. Thomasson, for Parcel 077, being 190 sq. ft. in easement and 240 sq. ft. of land in fee in Lot 25, Block '20, Jackson Park'Addition Map, Official No. 3330112, owned by H. O. Thomasson, for Parcel 078, bein9 143 sq. ft. in easement and 215 sq. ft. of land in fee in Lot 26, Block 20, Jackson Park Addition Map, Official No. 3330113, owned by Ernest Frith, for and Parcel 086, being 720 sq. ft. of land in fee in Lot 1, Block 23, Jackson Park Addition Map, Official No. 3220801, owned by John H. Vandergrift and Grace M. Vandergrift, for 46.00 58.00 $ 6~.00, $ 72.00 Aggregate of all above considerations $13,910.00; That the City Manager be, and he is hereby directed, immediately, to offer 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 and, upon acceptance of any such offer or offers and upon deliver 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, the City Attorney is hereby authorized and directed to institute in a court of competent jurisdiction in the City e~ndemn at ion proceedings to acquire for the City the fee simple title and/or easeme! t in such land or lands as are herein above set out and described and as the City is unable to acqui by purchase as hereinabove provided; 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 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 where- in 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 acquired in such condemnation proceeding. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of August, 1967. No. 1766~. AN ORDINANCE to amend and reordain certain sections of the 1967-(-8 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 ORDAIS~ED by the Council of the City of Roanoke that the followi~,g sections of the 1967-68 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: SCHOOLS-MISCELLANEOUS =13000 Ford Foundation Grant ................................... $ 27.64 SCHOOLS-MANPOWER DEVELOPMENT AND TRAINING ~21000 (1) Personal Services ...................................... $ 26,825.75 Supplies ............................................... 8,047.02 Equipment .............................................. 366.43 Maintenance and Repair ................................. 1,567.41 Fixed Charges .......................................... 3,724.04 Other Costs ........................................... 6,30.1.00 $ 46,831.65 SCHOOLS-PROJECT SECOND STEP =31000 (1) Personal Services ...................................... $ 12,267.66 Supplies ............................................... Health Services ........................................ Travel ................................................. In-Service Training .................................... Fixed Charges .......................................... Food Services .......................................... 1,010.67 862.55 3,770.00 646,32 12,591.93 7,724.40 $ 38,873.53 SCHOOLS-TUTORIAL AND COUNSELING PROJECT ~32000 (1) Personal Services ...................................... $ 28,060.10 Supplies ............................................... Health Services ........................................ Travel ................................................. Operations ............................................. In-Service Training .................................... Fixed Charges .......................................... 3,195 16 1,365 26 125 O0 1,972 70 434 30 4,487 31 $ 39,639.83 SCHOOLS-PROJECT READ ~34000 (1) Personal Services ...................................... $ 14,150.00 Supplies ............................................... 6,267.00 Operations ............................................. 450.00 Equipment .............................................. 2,000.00 Fixed Charges .......................................... 1,415.00 $ 24,282.00 SCHOOLS-PROJECT MARS ~35000 (1) Personal Services ...................................... $ ~5,880.00 Supplies ............................................... 6,553.90 Transportation Services ................................ 3,676.00 Fixed Charges .......................................... 4,588.00 Food Services .......................................... .1.,915.00 $ 62,612.90 SCHOOLS-HEADSTART lq67 =36000 (1) Personal Services ...................................... $ 54,129 OO Supplies ............................................... 4,950 O0 Transportation Services ................................ 3,741 82 Equi'pment .............................................. 990 O0 Fixed Charges .......................................... 3,244 10 Other Costs .............................. , .............. 9,416 70 $ 76,471.62 (1) 100~i federal reimbursable BE IT FURTHER ORDAINED that, an 'emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: f City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of August, 1967. No. 17665. AN ORDINANCE accepting a bid for the replacement of eighty-two windows and seven air conditioner panels in the Municipal Building; awarding a contract therefor; and providing for an emergency. WHEREAS, at the meeting of the Council held on July 31, 1967, and after due and proper advertisement had been made therefor, one bid, the one hereinafter accepte( for the furnishin9 and replacement of eighty-two windows in the Municipal Building and related work, was opened and read before the Co'uncil, 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, u der date of August 3, 1967,~ 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 eighty-two windows proposed to be replaced under item "A" of the City's specifications, and made similarly for the seven window air conditioner panels locate, in the replacement area under item "B" of the City's specifications, amounts to the sum of ~1~,~8~.25. for the payment of which said sum appropriation has been made by the Council; and WHEREAS, said committee has further recommended that items "C" and "D" as advertised not be included in the contract hereinafter authorized, it appearing that item "C" may be handled under structural maintenance and minor alterations in the sai Municipal Building, in which recommendation the Council concurs; and WHEREAS, for the usual daily operation of the municipal government an emer- gency is deemed to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the bid of De Vac, Incorporated, to furnish and replace, in full accordance with items "A" and "B" of the City's plans and specifications, a total of eighty-two (82) window~ in the Municipal Building, being those windows on the east front, east end and west end of the said Municipal Building, and, also, seven (7) air conditioner panels in the replacement area, for the sum of $14,dad.25 at the unit price bid, 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 a 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 A~orney. 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 7th day of August, 1967. No. 1766~. A RESOLUTION providing for regular meetings to be held between the members of the City Council and the members of the School Board of the City of Roanoke. WHEREAS, the Council is required to provide funds for and support the opera. tion of the public school system of the City and is, itself, interested in employing all means practical and reasonably within its power to enhance and further improve the City s system of public education; and WHEREAS, an implementation of the public school improvements program recently approved and authorized to be accomplished by the voters of the City will entail additio al careful study and effective cooperation between the Council and the School Board, a better understanding of the aims and problems of each of which would, in the opinion of the Council, be gained by periodic, but regular joint meetings of the members of each said body. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that there be conducted and held between the members of the City Council and the members of the City of Roanoke School Board, at least twice annually, a formal joint meeting at whic may be preset:ted, discussed and studied matters and problems, financial or otherwise, which may from time to time arise and which may require joint action or participation on the part of both bodies for proper decision, disposition or settlement. BE IT FURTHER RESOLVED that the City Manager and the Superintendent of Schools be. and they are hereby directed to fix and arrange, and to notify each mem- ber of the aforesaid bodies of the date and place of each aforesaid meeti, ng, and to prepare in advance of each said meeting from information supplied them by any member of the aforesaid bodies, and to disseminate to the aforesaid members, an agenda of each said meeting. BE IT FURTHER RESOLVED that the City Clerk do transmit an attested copy of this resolution to the Chairman of the School Board of the City of Roanoke. ATTEST: / City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of Auoust. 1967. No. 17667. A RESOLUTION expressing the Council's appreciation to the members of the Building Code Study Committee for their time and efforts given in the study of various building codes. WHEREAS, the Building Code Study Committee, under the able chairmanship of Mr. R. W. Bowers. has, since its appointment in February of 1967, examined in detail the several recognized buildin9 codes, being the Southern Standard Building Code, the B.O.C.A. Code and the National Building Code, has conducted periodic meetings for the purpose of studyin9 and comparing the aforesaid codes and has reached accord in unani mously recommending to the Council that the Southern Standard Building Code be adopte for use by the City; in which recommendation the Council has heretofore concurred. NOW. THEREFORE. BE IT RESOLVED by the Council of the City of Roanoke that this Cou; cil, for itself and on behalf of the citizens of the City, does extend thanks to the members of its Building Code Study Committee, being Messrs. B. B. Alber~ Stanley Breakell. Horace G. Fralin, L. Graham Haynie, Jr., Frank H. Hill, S. Lewis Lionberger, George Maxey and Winston S. Sharpley, and R. W. Bowers, its Chairman, for their time and efforts so generously volunteered and expended in studying the various building codes in the i~:terest of providin9 for the City a modern, workable and com- prehensive buildinc code. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to transmit an attested copy of this resolution to each member of the aforesaid Committee. ATTEST: , City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of August, 19(-7. No. 17668. AN ORDI~:ANCE:., directin9 and providing for the acquisition, in fee simple, o-f a certain parcel of land ir. the City of Roanoke, situate on the southwest corner of Winsloe Drive and Oaklawn Avenue, N. W., and containin9 approximately .0653 acre, necessary for public street purposes; fixin, the consideration offered to be paid by the City for said land and other terms and provisions of such acquisition; providin9 for the City's acquisition of said land by condemnation, under certain circumstances; and providinc, for an emer.cency. WHEREAS. in order to provide for the widening and improvement of Winsloe Drive, N. W., in the vicinity of Preston Park, the additional .0653 acre parcel of land. more or less, herein described is wanted and needed to be acquired by the City, in fee simple; and WHEREAS, the City has caused appraisals to be made of the fair market value of the .0653 acre parcel of land hereinafter described, on the basis of which the value set out with respect to said property has been determined by the Council and fu~ds sufficie.~ t for payme~t of the purchase price hereinafter authorized to be paid have been heretofore 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 may take effect upon its passage. THEREFORE. BE IT ORDAI?.ED by the Council of the City of Roanoke as follows: 1. That the proper City officials be, and they are hereby authorized, directed and empowered, for and on behalf of the City, to acquire by purchase from the owner or owners thereof, the fee simple, unencumbered title to the followin,c 'par- cel of land, at a purchase price not to exceed the sum of $685.00, cash, which said sum is deemed to represent the value of said land and of all damages to the residue property of the owners, which said land is situate in the City of Roanoke, Virginia, on the southwest corner of Winsloe Drive, N. W., as the same intersects Oaklawn Avenu, N. W.. generally described as: That certain .0653 acre strip or parcel of land owned by C. K. Sederes and Mildred Perdue, as the same is shown in detail on Plan No. 5053, prepared under date of July 7, 1967, in the Office of the City Engineer, Roaroke, Vir~oinia; and, upon delivery to the City of a good and sufficient deed of conveyance, conveyin.o to the City the fee simple, unencumbered title to the aforesaid .0653 acre parcel 6f land for ,ublic street purposes, said deed to be upon such form as is first approved by the City Attorney, the proper City officials be, and they are hereby authorized to pay to the abovenamed owners the $685.00 purchase price hereinabove authorized, charai? g the same to funds heretofore appropriated for the aforesaid project. 2. That the City Manager be, and he is hereby authorized, directed and empowered to forthwith extend in writing to the aforesaid landowners the City's offer as herein contained and, upon acceptance thereof by said owners, said City Ma: ager shall be, and is authorized and empowered to enter into a requisite contract of sale with the aforesaid owners in furtherance of the provisions of this ordinance, such contract to be upon terms not inco~:sistent herewith and in such form as is approved by the City Attorney. BE IT FURTHER ORDAINED that, should the City be unable to acquire from the aforesaid owners, or either of them, the property described by purchase, at the price hereinabove provided, then, and in such event, the City Attorney shall be, and he is hereby authorized and directed to institute and conduc~, in the proper court, con- demnation proceedings to acquire for and on behalf of the City the fee simple title to the .0653 acre parcel of land above described for public street purposes. 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 7th day of August, 1967. No. 17669. AN ORDI?!ANCE providing for the re-roofing of one section of built-up roof on the Main Public Library building, by accepting a certain bid made to the City therefor and awarding a contract thereon; rejecting another bid made for performing said work; and providing for an emergency. WHEREAS. at a meeting of the Council held on July 24, 1967, and after due and proper public advertisement had been made therefor, two (2) bids for the re- roofing of one section of built-up roof on the Main Public Library building, the 'details of which' are set out in the City's plans and specifications, were received by the Council and were opened and read before the Council; whereupon both said bids were referred to a committee for the purpose of tabulating and studyinp said bids and of makin.o report thereon to the Council; and WHEREAS, the aforesaid committee has tabulated and studied said bids and has filed 'its report to the Council under date of July 27, lq67, from which it appears that the bid of Valley Roofing Corporation, in the lump sum of $6,915.00, is the lowest and best bid received by the City for the performance of said work and is in proper form and meets the City's requirements made of all bidders, and that said bid should be accepted; and 53 WHEREAS. fu ds sufficient to pay for the cost to the City of the aforesaid public improvement have been heretofore appropriated by the Council and are available for the purpose, and. for the usual daily operation of the municipal 9overnment, an emercency is deemed to exist in order that this ordinance take effect upon its passage. THEREFORE. BE IT ORDAIn. ED by the Council of the City of Roanoke that the bid of Valley Roofin.& Corporation to furnish all materials, labor, tools and equip- meat necessary to re-roof one certain section of built-up roof on the Main Public Library buildin9. in full accordance with the plans and specifications made therefor and said bidder's proposal, for the lump sum cost to the City of $6,915.00, be, and said bid is hereby ACCEPTED; and the City Manager and City Clerk are hereby authorizec and directed, for and on behalf of the City, to enter into a requisite contract with said Valley Roofin9 Corporation for the construction of the aforesaid improvement in accordance with the City*s plans and specifications made therefor and said bidder's proposal, and at a cost to the City of the lump sum of $6,915.00, cash, payable upon satisfactory performance of said work and acceptance thereof by the City Manager, sat contract to be upon such form as is approved by the City Attorney. BE IT FURTHER ORDAINED that the other bid received by the City for the per- formance of said work 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 appreciation of said bid. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance be in full force and effect upon its passage. ATTEST: City Clerk APPROVED Mayor I~! THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA. The 7th day of August, 1967. No. 17670. AN ORDINANCE acceptinC the proposal of Regional Construction Services. Inco porated, for the construction of improvements to the existing sidewalk located on the east side of the Jefferson Street Bridge in the City of Roanoke; authorizin9 the pro- per City officials to e-'ecute the requisite contract, rejecting certain other bids made to the City; and providing for an emergency. WHEREAS. at the meetinO of Council held on July 24, 1967, and after due and proper advertisement had been made therefor, three bids for furnishinc, all tools, machines, labor a~ d materials, for the construction of improvements to the existi~g concrete sidewalk on the east side of the Jefferson Street Bridge over the Norfolk an Western Railway Company tracks, south of Walnut Avenue, were opened and read before the Council whereupon all said bids were referred to a committee appointed by the proposal of Regional Construction Services, In'corporated, 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; a~d 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, Incorporated, for the construction of improvements to the existing concrete sidewalk on the east side of the Jefferson Street Bridge over the Norfolk and i~estern Railway Company tracks, south of i~ainut Avenue, as described in the City's plans and specifications, for a lump sum of $7,975.00, cash, upon satisfactory completion of said work, be and said proposal if 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 Construction Services. Incorporated, 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 co~:tracts 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 fun. ds heretofore appro- priated by the Council for the purpose; (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; and (4) That the City Manager is hereby directed to advertise for bids for similar repair on the west side of the aforesaid bridge. BE IT FURTHER ORDAI?:ED that, an emergency existing this ordinance be in ful force and effect upon its passage. APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of August, 1967. No. 17671. A RESOLUTION authorizing that a major overall enc'ineerine investigation and study be made of combined storm and sanitary sewer pollution problems in the City; that Hayes, Seay, Mattern and Mattern, Engineers, be designated to represent the City in such studies, said firm to co. duct its investigations and studies as an agent of the Federal Government; and stating the City's willingness to consider imnlemantina the findinns nf such gtlldV .~hnuld the ra.~ult.~ nrnva annnnmie, nllv WHEREAS, there are thought to exist in the City major problems and defi- ciencies in its storm and sanitary sewer systems, thought to be caused by inadequate control of ~he runoff of storm waters, by infiltration, by conflicting drainage facilities, by combined storm and sanitary sewers, by storm flow from outside the corporate limits and by other known and unknown factors, all of which demand solution which can be arrived at only after proper engineering investigations and studies have been made of said problems; and WHEREAS. the engineers hereinafter named have, in preceding years, made for the City certain preliminary basic studies of some, but not all, of the matters though* ~o cause some of said problems but not to the extent that adequate solutions have been found to meet skid problems; and WHEREAS, the Council is advised that there may be available, through the Federal Water Pollution Control Administration, a program whereby Federal grants may be made for conducting extensive engineerin9 it:vestigations and studies in order to develop, through application of existing or newly developed technology, applicable solutions to such problems; said Council being further advised that said firm of ei~c, ineers is interested in and would be available for making such investigations and studies .in the City,-u~-~der contractual arrangement entered il:to with said Federal Water Pollution Control Administration and with the City's agreement as herein contained. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Cou~cil doth hereby authorize and agree that a major overall engineering investigatio~ and study be made by Hayes, Seay, Mattern and Mattern, Engineers, under contract with the Federal Governme~'t or its agency, the Federal Water Pollution Control Administra- tion. of combined storm and sanitary sewer pollution problems in the City of Roanoke and that said firm of engi: eers, if so engaged to make said investigation ar.d studies be, and is hereby designated to represent the City of Roanoke in such matters, said firm to conduct its investigations and studies as an agent of the Federal Government. BE IT FURTHER RESOLVED that said City of Roanoke is and will be willing to cooperate with said agency and with'said engineers in the making of such investigatio and studies and to support the same; and will be willing to consider implementing the findings of such studies if the results thereof prove economically advantageous. BE IT FURTHER RESOLVED that the City Manager be, and he is hereby authorize to transmit attested copies of this resolution to such persons, firms and age~ cies as may be concerned in the matters involved. ATTEST: /City Clerk A P P R 0 V E P Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of August, 1967. No. 17672. A RESOLUTION providing for the appointment of five persons any three of whom may act, as viewers in connection with the application of The Colonial- American National Bank of Roanoke, Frith-Kelly, Inc., and W. Price Fields and Estelle C. Fields to permanently vacated, discontinue and close an alley 12 feet in width, lying south of and parallel to Melrose Avenue, N. W., in the City of Roanoke Virginia, between Melrose Avenue and Salem Turnpike, the center line of which alley extends from 23rd Stre.et in an easterly direction approximately 158 79 feet to Salem Turnpike, as shown on Sheet No. 232 of the Tax Appraisal Map of t'he City of Roanoke, Virginia, in Block 99, of the Map of-the Melrose Land Company. WHEREAS, if appears from the application of The Colonial-American National Bank of Roanoke, Frith-Kelley, inc., and W. Price Fields and Estelle C. Fields that they 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, 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 report in writing, as required by law THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, Virginia that Messrs. William M. Harris, Robert K. Rector, Harold W. Harris, Jr , William P. Wallace and J. Harry McBroom, Jr., any three of whom may act, be and they are hereb 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. h P P R 0 V E D ATTEST: '~Z~'~ /~City Clerk · Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGIr,,IA, The 14th day of August, 1967. No. 17673. AN ORDINANCE authorizing and directing the acquisition of certain properties and easements necessary for the construction of the City's U. S. Route 460 Project, upon certain terms and conditions; accepting on behalf of the City certain options in writing offered to the City for acquiring said properties; authorizin9 and directing payment by the City of the purchase prices set out in said options, upon delivery to the City of adequate deeds of conveyance; and providin9 for an emergency. WHEREAS, there have been tendered to the City certain options in writing, signed by the respective landowners, offerin9 to sell and convey to the City upon the terms therein stated and for the prices hereinafter provided, certain properties and easements necessary for the City's construction of its U. S. Route 400 Project for certain improvements to portions of Orange Avenue, N. E., all of which said options have been made to the City on the basis of valuations established by separat appraisals made of each of said properties, the sum proposed to be payable to said property owners, in each case, havin§ been approved by the City Manager and by the Virginia Department of Highways, and amounts sufficient to pay said proposed purchas prices havin9 heretofore been appropriated by the Council for the purpose; and WHEREAS, the properties and easements hereinafter referred to and authoriz to be acquired are wanted and needed by the City for the accomplishment of the aforesaid Project, and the Council deems and declares an emergency to exist in order that this ordinanc, e take.effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that said City doth hereby accept and agree to abide by the terms of and purchase, acquire and pay for the properties and easements in land hereinafter briefly described but set out and described in more detail on the respective written options herein men- tioned, a copy of each option bein9 on file in the Office of the City Clerk, and doth authorize and direct the City's acquisition by proper deed of conveyance of t~e following properties and easements from the persons and owners and for the purchase prices set out in said options, which are as follows: Parcel 016, bein9 a 214 sq. ft. easement area in Lots 12, 13, 14 and 15, Section 23, Glens Falls Map, Official Nos. 3210110, -11, -12 and-13, from Augustus Jordan, and others, heirs at law of Walter Jordan, deceased, for $ 25.00 and Parcel 073 bein9 a 400 sq. ft. easement area and 500 sq. ft. of land in fee in a cer- tain lot or parcel of land shown and described on the Tax Appraisal Map of the City as Official No. 3340(~20, from Charlie E. Langford and Nellie 6. Lan§ford for $375.00. BE IT FURTHER ORDAINED that the City Manager do forthwith cause the grantor or grantors of each of the aforesaid options to be promptly notified of the City's acceptance of each said purchase option and, thereafter, and upon delivery to the City, in each instance, 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 authorized and directed to have drawn and delivered to the City Attorney to be used in effecting the closing of each aforesaid transaction, the City's check or checks in payment of each aforesaid purchase price, which checks may be made payable to such person or persons as are 58 certified by the City Attorney to be entitled, in each case, to payment of the purchase price hereinabove provided or otherwise entitled to such payment; the total amount to be paid by the City as consideration for the conveyance made in each aforesaid case not to exceed the value hereinabove set forth opposite each respective parcel of land to be so acquired by the City; and the aggregate of all sums payable by the City Auditor under authority of this ordinance not to exceed th, total sum of $400.00. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in full force and effect upon its passage. ATTEST: ~ -'~'~ ~_-._.~ --- City Clerk /~ P P R 0 V E D Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of August, 1967. No. 17674. 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 Orange Avenue, N. E., U. S. Route 460; 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; p~viding for the City's acquisition of said lands and easements by condemnation, under certain circumstances; authorizing that the City make motion 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 Orange Avenue, N E., U. S. Route 460, in accordance with certain plans therefor heretofore approved as Project O460-128-102, RW-201, the parcels of land hereinafter described, each of which is set out and shown in detail on the plans of the afore- said project, are wanted and needed by the City for the purposes aforesaid, a part of said properties being needed to be acquired in fee simple and the City needing to acquire in said other properties easements necessary and sufficient 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 necessar, for the proper construction of said improvements, on the basis of which the valua- tions 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 th, purchase prices hereinafter authorized to be paid have been heretofore appropriated 59 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 construc ting 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 Orange Avenue, N. E., U. S. Route 460, 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 following des- cribed lands situate in the City of Roanoke, Virginia, on Orange avenuev N. E., said parcels of land being described with reference to the City's plans for Project 0460-128-102, RW-201, viz: Parcel 009, being 780 sq. ft. easement area in Lots 6, 7, 8 and 9, Section 23, Glens Falls Map, Official Nos. 3210106 and 3210107, from N. H. Board and Nancy C. Board for Parcel 011, being 10,890 sq. ft. of land in fee in certain lots or parcels of land shown and described on the Tax Appraisal Map of the City as Official Nos. 3222258 and 3222259, from Genevieve Nero Thomas for the cash sum, including all damages, of $117.00 $22,000.00 Parcel 014, being a 2,088 sq, ft. easement area and 1,906 sq. ft. of land in fee in Lots 3, 4 and 5, Block 21, Jackson Park addition Map, Official Nos. 3221103, -t04 and -I05, from Bonnie J. Malcolm for Parcel 018, being a 760 sq. ft. easement area and 920 sq. ft. of land in fee in Lot 10, Block 40, East Gate Addition Map No. 2, Official No. 3221110, from Mossie Daniels and Sudie Daniels for Parcel 024, bein9 a 1,000 sq. ft. easement area and 740 sq. ft. of land in fee in Lot 16, Section 40, East Gate Addition Map No. 2, Official No. 3221116, from R. L J. Miller for Parcel 031, being a 1,320 sq. ft. easement area and 1,840 sq. ft. of land in fee in Lots 27 and 28, Section 40, East Gate Addition Map No. 2, Official Nos. 3221127 and 3221128, from Lucy J. Hodqes, and others, for Parcel 034, being a 560 sq. ft. easement area and 770 sq. ft. of land in fee in Lot 33, Section 40, East Gate addition Map No. 2, Official No. 3221133, from Mossie Daniels and Sudie Daniels for $500.00 $102.00 $ 84.00 $204.00 $ 72.00 6O Parcel 035, being a 550 sq. ft. easement area and 130 sq. ft. of land in fee in Lot 34, Section 40, East Gate Addition Map No. 2, Official No. 3221134, from J. H. Baldwin for Parcel 044, being a 3,280 sq. ft. easement area and 960 sq. ft. of land in fee in Lots 9 and 10, Section 41, East Gate Addi- tion Map No. 2, Official Nos. 3221209 and 3221210, from Paul R. Smith and Margaret L. Smith for Parcel O47, being a 1,520 sq. ft. easement area and 840 sq. ft. of land in fee in Lot 14, Section 41, East Gate Addition Map No. 2, Official No. 3221214, from Joe Lawrence from Parcel 053, being a 1,360 sq. ft. easement area and 920 sq. ft. of land in fee in Lot 21, Section 41, East Gate Addition Map No. 2, Official No. 3221221, from ¥. F. Shockley for Parcel 060, being a 1,270 sq. ft. easement area and 780 sq. ft. of land in fee in Lot 28, Block 22, Jackson Park. Addition Map, Official No. 3221228, from Agnes Pruetta for Parcel 062, being a 2 sq. ft. easement area in Lot 37, Section 19, Jackson Park Addi- tion Map, Official No. 3221536, from C. M Mills for Parcel 069, being a 1,205 sq. ft. easement area and 8 sq. ft. of land in fee in Lot 19, Black 20, Jackson Park Addition Map, Official No. 3330106, from Anna Lee H. Stone for Parcel 070, being a 360 sq. ft. easement area and 585 sq. ft. of land in fee in a certain lot or parcel of land shown and de- scribed on the Tax Appraisal Map of the City as Official No. 334 0621, from Charlie T. Overstreet and Marie M. Over- Street for'the cash sum, including all damages, of Parcel 071, being a 1,100 sq. ft. easement area and 8 sq. ft. of land in fee in Lot 20, Bl~ck 20, Jackson Park Addition Map, Official No. 3330107, from Anna Lee H. Stone for Parcel 072, being a 1,640 sq. ft. easement area and 85 sq. ft. of land in fee in Lots 21 and 22, Block 20, Jackson Park Addition Map, Official Nos. 3330108 and 3330109, from Bonnie J. Malcolm for Parcel 075, being' a 360 sq. ft. easement area and 240 sq. ft. of land in fee in Lot 24, Block 20, Jackson Park Addition Map, Official No. 3330111, from O. E. Bradley and W. G. Bradley for Parcel 076, being a 600 sq. ft. easement area and 750 sq. ft. of land in fee in a certain lot or parcel of land shown and described on the' Tax Appraisal Map of the City as Official No. 3340622, from Louise Morris Goodwin for the cash sum, including all damages, of Parcel 081, being a 1,350 sq. ft. easement area and 740 sq. ft. of land in fee in a certain lot or parcel of land shown and described on the Tax Appraisal Map of the City as Official No. 3330401, from Gulf Oil Corporation for the cash sum, including all $ 20.00 $116.00 94.00 $102.00 $ 88.00 $ 10. O0 $ 15.00 $587.00 $ 15.00 $ 37.00 $ 58.00 $1,019.00 Parcel 082, being a 2,950 sq. ft. easement area and 4,646 sq. ft. of land in fee in Lot 1, Map of John T. Short property, Official No. 3330501, from Robert Lee Short for the cash sum, including all damages, of $15,397.00 Parcel 083, bein9 a 6,630 sq. ft. easement area and 960 sq. ft. of land in fee in Lot 2, Map of John T. Short property, Official No. 3330502, from Robert Lee Short for the cash sum, including all damages, of $ 758.00 Parcel 08d, being a 3,690 sq. ft. easement area and 660 sq. ft. of land in fee in Lot 3, Map of John T. Short property, Official No. 3330503, from Grace Short West for $ 200.00 and Parcel 087, being 334 sq. ft. of land in fee in Lot 16, Section 23, Glens Falls Map, Official No. 3210114, from Malcolm M. Griffin estate for 167.00 The aggregate of all above considerations $44,006.00; 2. That the City Manager be, and he is hereby directed, immediately, to offer 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, 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, the City Attorney is hereby authorized and directed to institute in a court of competent jurisdiction in the City condemna- tion 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 unabl to acquire by purchase as hereinabove provided; 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 herein- above authorized to be paid by the City for the respective parcel of land sought to be acquired in such condemnation proceeding. BE IT FURTHER ORDAINED lt~t, an emergency existing, thi, s ordinanc'~ be in force and effect upon its passage. ~PPROVED ATTEST: / Ci Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of August, 1967. No. 17675. A RESOLUTION relating to the contract authorized to be entered into for certain air blowin9 equipment for the City's Sewage Treatment Plant as provided in Ordinance No. 17648, adopted July 24, 1967. WHEREAS, Ordinance No. 17648, amongst other things, accepted, in paragraph (c) thereof, a bid of Roots Connersville to furnish and deliver to the City, as Item No. 3 of Contract "D", certain air blowing equipment for the lump sum price of $67,453.00, and directed that the City enter into written contract with said bidder relating to such improvement of its Sewage Treatment Plant; and WHEREAS, in the preparation of a contract in the premises, the City Attorney has been advised and is assured that Roots Connersville, as mentioned in the aforesaid ordinance is, in fact, a division of Dresser Industries, Inc., its parent corporation, and that the aforesaid bidder intended that a contract be per- formed by Clark Bros. Co., another division of Dresser Industries, Inc., who, in fac supplied the corporate bid bond furnished with the bid made by [loots Connersville; and said City Attorney has advised the Council that the City's contract in said matter should be entered into with Clark Bros. Co., Division of Dresser Industries, Inc., and that the purchase price for such air blowing equipment, when delivered to City in accordance with the terms and specifications of said contract, should be paid to said Clark Bros. Co., Division of Dresser Industries, Inc. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the contract heretofore authorized by Ordinance No. 17648, to be entered into by the City with Roots Connersville for furnishing and delivering to the City certain air blowing equipment as per the City's plans and specifications for Item No. 3 of Contract "D" for the total lump sum of $67,453.00 be entered into by said City with and the purchase price therein paid to Clark .Bros. Co., Division of Dresser Industries, Inc., who shall, upon entering into such contract, furnish and deliver to the City a performance and payment bond in the penalty of the amount hereinabove set out and conditioned as provided by law. AP P R 0 V ED ATTEST: he IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of August, 1967. No. 17676. AN ORDINANCE authorizing the City's acquisition from Virginia Holding Corporation of a 0.166 acre parcel of land needed for the widening and improvement of Wells Avenue, N E., upon certain terms and provisions; and providin9 for an emergency. WHEREAS, the City, needing to widen and improve that portion of Wells Avenue, N E., lying between Williamson Road and Second Street, N. E., is advised th Virginia Holding Corporation, owner of the land abutting the present south line of Wells Avenue, is willing to sell and convey to the City that O.166 acre portion thereof hereinafter described upon the terms and provisions herein contained; and WHEREAS, the Council is further advised that, .by an independent appraisal made of the value of the land so needed to be acquired, its fair market value has been determined to be the sum of $14,450.OO takin9 into consideration the adjustment necessary to be made to conform the residue property of said owner to the proposed new south line of Wells Avenue, N. E.; and there has been appropriated by the Council a sum sufficient to pay the proposed purchase price and the cost of the adjustments hereinafter authorized to be made by the City; 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 pass age. THEREFORE, BE IT OI~DAINED by the CoUncil of the City of Roanoke that the proper City officials be, and they are hereby authorized to acquire for the City by deed of conveyance from Virginia Holdin9 Corporation the fee simple title to that certain O.166 acre stril~ or parcel of land situate on the south side of Wells Avenue, N E., aa extendin9 from Williamson Road to Second Street, N. E., and to pay to the City's aforesaid grantor the sum of $14,450.OO, cash, upon delivery to thc City of a good and sufficient deed conveyin9 to the City with general warranty of ti the fee simple estate in said property, said deed to be upon such form as is approve( by the City Attorney and the closin9 of said transaction to be made at such time as said City Attorney has examined and approved the title to be acquired by the City by virtue of the aforesaid conveyance, the City hereby further agreeing with Virginia Holding Corporation that the City will thereafter, and within a reasonable time and at its own cost and expense, provide the following reparation work or replacements so as to conform said owner's residue property to the proposed new grade and lire of Second Street, N. E.: (a) Replace, restore or renew the cyclone fence along the boundary line between Holdin9 Corporation's property and Wells Avenue as widened and improved, and repair all damage to the asphalt pavement on Holdin9 Corporation's adjoinin9 property resultin9 from such widenin9 and improvement work; (b) (c) (d) (e) Construct along the inside of the new fence line a barrier curb similar to the one formerly in place at the northerly end of Hol~ ng Corporation's property; Install a pedestrian gate in Holding Corporation's fence at or about the new corner of Wells Avenue and Williamson Road; Install, a vehicular gate and driveway entrance into Holding Corpora- tion s property from Williamson Road (formerly Commonwealth Avenue) adjacent to the pedestrian gateway hereinbefore mentioned; and Install in Wells Avenue near Second Street a catch basin ampi storm drain extension to provide for proper drainage of Holding Corporation adjoining property; all of the aforesaid to be performed in a good and workmanlike manner and with good materials and in accordance with plans therefor to be prepared by the City Engineer and, where performed on said grantor's residue property, to be approved by grantor's Chief Engineer; it being further expressly agreed and understood that. said grantor, its successors or assigns, shall have the right hereafter, subject to such general regulations, conditions and provisions as are or may from time to time be establishe, by the Council, to construct and install at grantor's sole expense the following: (1) Two possible future driveway entrances into Holdin9 Corporation's property from Second Street and Wells Avenue; and (2) A "Hotel Roanoke" or similar sign, to be anchored on the Second Street side of Holding Corporation's property and to project over the adjacent sidewalk to the extent permissible under the regulations of the City relating to signs. BE IT FURTHER ORDAINED by the Council that, an emergency existing, this Ordinance be in full force and effect upon its passage; and the City Clerk is hereby directed to supply to the City Attorney at the latter's request such number of attested copies of this Ordinance as may be necessary to be delivered to Virginia Holding Corporation in evidence of the City's offer to enter into the agreements herein contained. APPROVED ATTEST: / City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROA[OKE, VIRGINIA, The 14th day. of August, 1967. No. 17679. AN ORDINANCE authorizing and providing for the acquisition of a 0.0365 acre parcel of land at the southeast corner of Winsloe Drive, N. W., and Oaklawn Avenue and extending southerly along Winsloe Drive, upon certain terms and conditions for street purposes; and providing for an emergency. WHEREAS, in order to improve the connection of Wi~sloeDrive, N. W., with Oaklawn Avenue, N. W., in connection with the City's improvement of Winsloe Drive, N. W., it is necessary to acquire the land hereinafter described in order to properly widen said Winsloe Drive, and to round the corner of said street intersection; and WHEREAS, the Council is advised that Curlee H. Rose and Jessie P. Rose, owners of the land abutting said street intersection, have offered to grant and con- vey to the City a 0.0365 acre parcel of their land, sufficient for the aforesaid purpose, for the nominal consideration of $1.00 cash, and for the further considera- tion that the City relocate a certain chain link fence on the property belonging to said owners, and further that the City furnish without cost to the said owners curb, gutter and sidewalk alon9 Winsloe Drive, N W.; 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 that said City doth hereby accept the offer of Curlee H. Rose and Jessie P. Rose to grant and convey to the City in fee simple that certain 0.0365 acre parcel of land lying at the southeast corner of the intersection of Oaklawn Avenue, N. W., and Winsloe Drive N. W., as the same is shown on Plan No. 4006-A in the written option, and as is shown on Plan No. 5053-A prepared in the Office of the City Engineer under date of July 7, 1967, a copy of which said Plan No. 5053-A 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 conveyance ii 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 ~n~t directed to cause the proper city departments to relocate that certain chain link fence now located upon the property herein authorized to be acquired, and said City Manager is further authorized and directed to cause to be installed, at no cost to the said landowners, curb, 9utter and sidewalk adjacent to their residue property along Winsloe Drive, N. W. BE IT FURTHER ORDAINED that, an emergency existing this ordinance be in full force and effect upon its passage. APPROVED ATTEST: Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of August, 1967. No. 17680. AN ORDINALCE relating to the City's acquisition of certain property in fee simple and an easement for access thereto, wanted and needed by the City for its Municipal Airport purposes, and on which a right of entry was provided by Ordinance No. 17345; amending Ordinance No. 17344 to the extent of the purchase price provided in said ordinance; and providin9 for an emergency. 65 WHEREAS, the Council heretofore, by Ordinance No. 17345, accepted the terms of a certain permit for right of entry on land wanted and needed by the City for construction of certain air navigational facilities for its Municipal Airport, no agreement on the purchase price to be paid by the City having been reached at that time with the owners of said land; and WHEREAS, after extendin9 to the owners of said property the City's purchase offer authorized and directed to be made by the provisions of Ordinance No. 17344, adopted by the Council on January 16, 1967, the City Manager has reported to the Council that later negotiations with said owners have resulted in tl counteroffer to sell and convey to the City said property and easement for the sum of $4125.00, cash, with interest on said sum at 6% per annum from January 25, 1967, until the date of closing such sale, payable to said owners upon delivery of their deed of conveyance to the City; and the City Manager has recommended that said owners' offer be accepted; and WHEREAS, the Council being of opinion to concur with the report and recommendation of the City Manager and having appropriated an additional sum sufficient to make payment of the price stated in said offer and interest as afore- said calculated to August 25, 1967, deems an emergency to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDJ~INED by the Council of the City of Roanoke th'at the offer of Mrs. Jean W.Staples and Mr. William Watts to sell and convey to the City, in fee simple, that certain parcel of land containing approximately 0.27 acre, together with a perpetual easement over a certain 25-foot wide access right-of-way thereto approximately 11OO feet in.length, generally shown and described on Federal Aviation Agency Drawin9 No. DCA-D-63 (2 sheets) for the sum of $4,125.00, cash, with interest on said sum at 6% per annum from January 25, 1967, to date of closing on or before August 25, 1967, be, and said offer is ACCEPTED; and upon delivery to the City, after certification of title thereto by the City Attorney, of a good and sufficient deed of conveyance and easement, approved as to form by the City Attorney but which said deed may contain recitation to the effect that said sale and conveyance are made under threat of condemnation and that the said conveyance is made without prejudice to the rights of said owners as to any lawful claim to damage to residue property of said owners to which they might be lawfully entitled as the result of operation of the aforesaid Airport and related facilities the proper City officials are authorized and directed to deliver to said owners or their authorized attorneys the City's check in payment of the aforesaid purchase price and, thereafter, to make proper recordation of said deed of conveyance. B.E IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in force and effect upon its passage. ~ P P R 0 V E D ATTEST: ir IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of August, 1967. No. 17681. AN ORDINANCE to amend and reordain Section :98, "Contingencies," 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 Section :98, "Contingencies," and Section ~89, "Capital," of the 1967-68 Appropriatio Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: CONTINGENCIES :98 ........................................... $ 5,465.90 CAPITAL ~89 Site for ILS (1) ......................................... $ 4,270.00 (1) Net increase ....... $1,020.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of August, 1967. 'No. 17677. AN ORDINANCE granting to The Chesapeake and Potomac Telephone Company of irginia the right, for the term and upon the conditions herein stated to use the treets, alleys and public ways to erect, construct, operate and maintain a telephone nd telegraph system and to construct, install and maintain poles, wires, conduits ~nd appurtenances necessary to the sale and distribution of telephone and telegraph ervices in and alan9 the streets, alleys and other public ways in the City of loanoke, Virginia; establishing conditions controlling the exercise of said franchise ~nd the sale and distribution of telephone and telegraph services; and regulating the ~anner of using the streets, alleys and public ways. WHEREAS, proposed ordinance entitled "An Ordinance grantin9 to the right, for the term and upon the conditions erein stated, to use the streets, alleys and public ways to erect, construct, operate and maintain a telephone and telegraph system and to construct~ in~tall and main- rain poles, wires, conduits and appurtenances necessary to the sale and distribu- tion of telephone and telegraph services in and along the streets, alleys and other public ways in the City of Roanoke, Virginia; establishing conditions controlling the exercise of said franchise and the sale and distribution of telephone and telegraph· services; and regulating the manner of using the streets, alleys and public ways," was ordered to be advertised by the Council of the City of Roanoke, after its terms had been duly approved by the Mayor of said City and by its City Council; and WHEREAS, the terms of said ordinance were published once a week for four successive weeks in The Roanoke World-News, a newspaper published in the City of Roanoke and having' general circulation in said City of Roanoke, which said advertise. ment invited bids for the franchise proposed to be granted in said ordinance, said bids to be in writin9 and delivered upon the day and hour named in said advertisemen to the presiding officer of the Council, in open session; and WHEREAS, at the session of said Council to receive said bids, the presiding officer caused to be read aloud the only bid received, being the bid of The Chesapeake and Potomac Telephone Company of Virginia, in writing, and for the of Two Hundred Fifty Dollars ($250.00); and WHEREAS, inquiry was made by the presiding officer if any further bids wer~ offered; and ~H~I~EAS, there were no further bids offered, and the p-residing officer thereupon declared the bidding closed; and WHEREAS, the said proposed, ordinance and said bid were referred by the Council to a committee, which;reported in favor of accepting said bid and adopting said ordinance. THEREFORE, BE IT ORDAINED by the Council of the City of-Roanoke as follows Section 1. l~efinitions. As used herein, tlie following words and phrases shall have the~ following meanings, unless a contrary intent appears from the context of the provision wherein used: a. "City" or "the city" means the City of Roanoke, Virginia. b. "Grantee" or "the grantee'' means the Chesapeake' and Potomac Telephone Company of Virgir~i'a. c. "Street" or "the streets" means the streets, alleys, avenues, highways and/or other public ways owned by or subject to the control of the City of Roanoke. d. "In the streets" shall be construed and understood to include "under, along or over the streets," when the physical situation so applies. e. "Service" ~is intended and shall be held to have the meaning given the work in section 56-233 of the 1950 Code of Virginia, or in any amendments or recodifications of said section. f. "Director of public works" means the Director of Public Works of the City of Roanoke or such other officer or official of the city government, or other Section 2. Grant of Authority. Subject to the provisions, conditions and restrictions set forth in this ordinance or herein referred to, there is .hereby granted to THE CHESAPEAKE AND POTOMAC TELEPHONE COMPANY OF VIRGINIA, grantee, for a period of thirty (30) years from the effective date of this ordinance, the right to use the streets of the city to operate and maintain a telephone and telegraph system within the limits of such city and, for these purposes, to construct, erect, maintain and use, and, if now constructed, to continue to maintain and use and operate its poles, towers, wires, conduits, cables, subways and appliances, including necessary manholes, in, under, across, over and along the streets within the corporate limits of the city as said corporate limits now exist or may hereafter be extended or altered. Section 3. Territorial Area Involved. The franchise relates to the present territorial limits of the city, and t any area henceforth added to the territorial limits of the city chring the term of thi franchise. Section 4. Service Standards. The grantee agrees to provide and maintain, at all times, its entire plant, system and equipment, includin9 customer equipment, in such condition that it will furnish safe, adequate, efficient and continuous telephone and telegraph service to and for the citizens of and customers in the city, includin9 interconnecting service to points beyond the city, commonly termed long distance. Section 5. Use of Streets. a. General Control and location of Lines and Conduits. The grantee, in any opening it shall make in the streets in the city, shall be subject to the provisions of this franchise and to all applicable ordinances and regulations. All poles erected by the grantee shall be neat and symmetrical and shall be so located as to in no way interfere with the safety or convenience of persons traveling on or over the streets and public places. The city reserves the right by resolution of the City Council or otherwise through proper representatives of the city to further or specifically designate the locations of any poles, towers, lines, cable or conduit with reference to other municipal facilities such as sewer and water mains, signal poles and lines, drainage facilities, and other services, or to other facilities such as gas lines, public 'electric utilities and railway message, signal or power lines in such a manner as to promote the public safety and to protect public property. Failure by the city to so designate shall not relieve the grantee of responsibility in matters of public safety as hereinbefore specified. The grantee shall construct and locate poles, lines and conduit so as not to interfere with the construction, location and maintenance of sewer or water service lines or mains. Any designation of location required or authorized herein shall be accomplished by the city so as not to unnecessarily delay the grantee in any of its operations. The city may restrict the location of service lines, appurtenances or facilities of the grantee from parkways or parkway drives wherein such would conflict with appearance standards or may require, as an alternate thereto, the construction wholly or in part of under- ground conduit, appurtenances or facilities. b. Restricted Overhead Area. Within that section or area of the city desginated as the City's Fire Limits Zone No. 1 and bounded as set out in Sec. 13, Chapter 1, Title XV of the Code of the City of Roanoke of 1956, from time to time amended, all of the grantee's cable lines and cable facilities shall be constructed and maintained underground, provided, however, that those poles and overhead lines and cables existing in the aforesaid section or areas at the time of the award of this franchise shall be allowed to remain and be maintained by the grantee, but, provided further, that any and all major replacements or reconstruction or renewal of such existing overhead facilities in said Fire Limits area shall, unless other- wise approved by the City, be relocated, replaced or reconstructed underground; and, further, that said grantee shall, whenever required to do so by the city, in the reasonable exercise of its police power, remove from the streets, alleys, highways or other public places of the said city, or any part thereof, its poles, wires and other appurtenances, except such as may be necessary for local distribution, and place the wires and other appurtenances underground in safe and suitable conduits. c. Disturbance of Streets - l~estoration. (1) The City Council may require that written permit~, in any or all cases, be obtained by the grantee from the director of public works of the city before and whenever it becomes necessary for the grantee to excavate in the streets of the city in order to install, construct, extend or repair any of the telephone lines, poles, towers or conduit or services therein or thereon. Such permits, if required, may be made applicable to any or all types of excavations, as prescribed by the City. Council. Such permits, further, shall state the particular part or point of the streets where said construction or excavation is to be made and the length of time in which such permit shall authorize such work to be done. Exception to requirement for permit shall be permitted in cases of emergencies involving public safety. (2) Immediately after poles, towers, conduits, lines or ma~hbles are installed or repaired by the grantee, the incidental trenches or excavations shall be refilled by the grantee in a manner acceptable to the director of public works. Pavement, sidewalks, curbs, gutters or other portions of streets or public places destroyed, disturbed or damaged by such work shall be promptly restored and replaced withlike materials to thier former condition by the grantee at its o'¢~n expense; however, where it is necessary, and if permitted, in order to achieve former condition the grantee may or shall use materials whose type, specifications or quantities exceed or are different than those used in the original construction or installation and the grantee at its own expense shall provide such different materials. Where a cut or disturbance is made in a section of sidewalk p~ving,.rather than replacing onl the area actually cut, the grantee shall replace the full width of the existing walk and the full length of the section or sections cut, a section being defined as that area marked by expansion joints or scoring. The grantee shall m~intain, repair and keep in good condition, for a period of one year following such disturbance, all portions of streets disturbed by it or its agents, provided such maintenance and repair shall be m, ade necessary because of defective workmanship or materials supplied by grantee. The grantee shall, in any street, promptly remove or correct any obstruction or defect therein which may have been caused by the grantee or its agent in the installation, operation or maintenance of the grantee's facilities. Any such obstruction or defect which is not promptly removed, repaired or corrected by the grantee after proper notice so to do, given by the city to said grantee, may be re- moved or corrected by the city, and the costs thereof shall be charged against the grantee and may be enforced as a lien upon any of its properties or assets. Expense of damage, relocation or replacement to city utility lines, sanitary sewers, storm sewers, and storm drains, where such expense results from Construction or maintenan¢ of the grantee's lines or facilities, shall be borne by the grantee and any expense incurre~ in coanection therewith by the city shall be reimbursed by the grantee. (3) The grantee shall not open, disturb or obstruct, at any one time, any more of such public streets than may, in the opinion of the director of public works of the city, be reasonably necessary to enable it to proceed with advantage in laying, or repairing its lines or conduit. Neither shall the grantee permit any such street, sidewalk or public place, so opened, disturbed or obstructed by it in the installation, construction or repair of its lines or conduit, to remain open or the public way disturbed or obstructed for a longer period of time than shall, in th opinion of the director of public works, or other proper official of the city, be reasonably necessary. In all cases where any street or public place shall be excavated, disturbed or obstructed by the grantee, the grantee shall take all precautions necessary or proper for the protection of the public and shall maintain adequate warning signs, barricades, signals and other devices necessary or proper to adequately give notice, protection and warnin9 to the public of the existence of all actual conditions present. (4) Whenever the city shall widen, reconstruct, realign, pave or repave any street or public place, or shall change the grade or line of any street or public place or shall construct or reconstruct any conduit, water main, sewer or water connection, or other municipal works or utility, it shall be the duty of the grantee, when so requested by the city, to change its lines, conduits, services and other property in the streets or public places, and/or areas adjacent thereto, at its own expense so as to conform to the new widening, location, alignment or grade of such street or public place and so as not to interfere with the conduits, sewers and other mains as constructed or reconstructed. Upon written notice by the city of its intended work, above specified, the grantee shall within a reasonable period of time accomplish its obligation in accordance with and to conform to the plans of the city for such construction, reconstruction or improvements. However, the grante shall net be required by the city to relocate telephone lines, whether above or below the ground elevation, when the street or public ground in which they are located is vacated for the convenience of abutting property owners and not as an incident to a public improvement. (5) The City Council may require that written permits, in a.ny or all cases, be obtained by the grantee from the director of public works of the city before and whenever it becomes necessary for the grantee to install, construct, extend or repair any telephone lines, poles, towers or conduits or services on, over or under any bridges or viaducts which are a part of the street system of the city; provided, however, that exception to the requirement of permit shall be provided in cases of emergencies involving public safety. All provisions of this ordinance shall be applicable to said installation, construction, extension or repair on, over or under any such bridge or viaduct provided that the factors of appearance and achievement and maintenance of structural design requirements of the bridge or viaduct shall be assured. Section 6. Retes. The grantee shall supply adequate and efficient telephone and telegraph service to customers within the city at reasonable rates, It is recognized that, under the statutes of the Commonwealth of Virginia, the State Corporation Commission is vested with legal authority to supervise, fix or change rates and charges authorized to be charged by the grantee to its customers. It shall also be recognized by both the grantee and the city that matters involving service and rate charges and changes thereto are local in their application and effect and that the city, through its City Council, shall be acting within the area of its privileges and municipal responsibilities in making inquiries, expressing interest, or adopting position in matters of service and of rate charges or changes of the grantee. Section 7. Reports, Map. s and Plats. The grantee shall file annually with the city auditor of the city, or with such other official of the city as may be charged with the control and keeping of accounts and financial records of the city, a copy of the grantee's annual report, which report shall contain and reflect the audit and financial statement as pertains to the business operations of the grantee for the immediate preceding business year. The grantee's books and systems of accounts showin9 the gross income derived by the grantee from its local telephone exchange and telegraph service shall be made available at all reasonable times for inspection and verification by a duly authorized officer or agent, of the city. The grantee shall, upon ~ritten and reasonable request at any time from the city manager, or other official designated by the city manager, make available or furnish to the city manager, or other designate official, maps, plats or plans, or copies thereof, showing the location but not necessarily the use of any or all of its poles, conduits and other structures located in, under and along the streets and public places of the city. 73 Section 8. Ac.quisition .bY City.. Upon the expiration of this franchise and unless the same be renewed or extended, the City of Roanoke shall have the right and option to acquire the plant and, as well, the property of the grantee located in the streets, alleys, and publi ways and places of said city, used for telephone or telegraph communication purpose at a fair and reasonable price therefor. In determining the value of the property which may be acquired by said city, the said grantee shall not be entitled to any payment whatsoever by reason of the value of this franchise. The fair value of the property which may be acquired by said city shall be ascertained and determined as follows: During the last six months of the life of this franchise, the city may file its petition with the State Corporation Commission of Virginia, praying that said commission ascertain the fair value of th~ plant and of the property of the grantee which is located in the streets of said ci at that time and then used for telephone or telegraph communication purposes, and give reasonable notice of the filing of said petition to the grantee. Whereupon said commission shall ascertain and determine, at the joint expense of the grantee and of said city, the fair value of such of the property of said grantee as the city has a right to purchase hereunder. The city and the grantee shall each be entitled to produce evidence and be represented by councel. The finding and judgment of said commission as to such value shall be conclusive an binding upon the city and the grantee, subject, however, to the right of appeal by either party to a court of competent jurisdiction, for final determination of such value. Unless the city shall, within ninety (90) days from the determination of such value by said commission or, if appealed, within ninety (90) days from the final decision of the court to which such determination of value was appealed, tende payment to said grantee for said property in accordance with the fair valuation thereof as so determined, then the city's rights to acquire the grantee's said plan and property, or any part thereof, by reason of the provisions in this section of this franchise, shall be forever extinguished and barred. In the event said State Corporation Commission should fail or refuse to ascertain and determine such value, then the city and the grantee shall each select an appraiser, who shall select an umpire, the three of whom shall constitute a commission, which shall dtermine the fair value of the plant and property of the grantee to be taken by the city in accordance with the terms of this franchise. Section 9. City Use Grantee Facilities. When so required by the city, grantee shall provide suitable space equivalent to one (1) crossarm on each pole erected and equivalent to one (1) duct in each of the conduits constructed, free of charge.and for the purpose of carrying wires of the telephone, telegraph, alarm signal or radio system each or all as owne or may be owned and maintained by the city, provided the said wires are placed and maintained in such a manner as may be reasonably prescribed by the grantee, and in no case used to carry electric light or high-tension currents. Whenever it becomes Y necessary for the grantee to move the city's said wires for the grantee's own pur- poses, such removal shall be at the cost of the grantee and under supervision of th city manager, or his designated agent, and such wires shall be promptly replaced by the grantee at its expense. Section 10. Taxes. Nothing in this ordinance shall be construed to prevent the city, hereaft and from time to time, from levying any lawful tax on the properties of the said grantee, or from levying any lawful business license tax on the said grantee for th privilege of doing business within the city. Section 11. Safety ~lethods and E.qui.pment. The grantee shall at all times employ a high standard of care and shall install and maintain in use approved methods and devices for preventing failures or accidents which are likely to cause damages, injuries or nuisances to the public. Section 12. New Developments. Should, within the germ of this franchise, developments in the field of transmission of messages and telephone services offer to the grantee the opportunit to more effectively, efficiently or economically serve its customers through use of methods, materials or procedures not prescribed or embraced by the terms this' franchise, then the grantee may petition the City Council for review of this franchise in line with such developments. Section 13. Liability.. a. Dama.qe Claims: The grantee binds itself by the acceptance of this ordinance to indemnify and hold the City of Roanoke free and harmless from all liability on account of injury or damage to persons or properties, growing out of the construction, maintenance or operation of any of the grantee~'s work, herein authorized, or due to the neglect of said grantee, or of any of its officers, agent or employees, or the failure of the grantee to comply with any requirement herein contained or with any ordinance relating to the use of the streets of the city; and said grantee hereby agrees that, in the event any action or other proceeding shall be brought against said city, either independently or jointly with said grantee or others on account thereof, the said grantee, upon notice given to it by the city, will defend the city in any such action or other proceeding, at the cost of the said grantee; and in the event of final judgment being awarded against the city, solely or jointly with said grantee or others, then the grantee will pay said judgment with all interest and costs, and will hold the city harmless therefrom. b. B.o.nd. Before proceeding to act under this ordinance, The Chesapeake and Potomac Telephone Company of Virginia shall execute a bond, in the penalty of Five Thousand Dollars, ($5,000.00), with good and suf.fictent security, in favor of the City of Roanoke, conditioned upon the cons truction and putting into operation and maintenance in good order the plant provided for in this franchise, the furnishing of r efficient telephone services at reasonable rates, and the compliance by the grantee with the terms, provisions and conditions of this ordinance and of the franchise herein granted; the penalty of said bond not, however, to be deemed or construed to limit the amount of any recovery by the city from the grantee of any actual loss or damage otherwise recoverable by the provisions of this ordinance. Section 14. Restoration of Impaired Service. In the event of any interruption or impairment of service by reason of force, nature, act of God, strike, breakdown, accident or other happening beyond th control of the grantee, the grantee shall use every reasonable effort and prompt diligence to restore such service with as little interruption as possible and, in all events, within a reasonable time, and such interruption or failure for said rea sons shall not 'constitute a breach of this franchise. Section 15. Appr.oval of Transfer. No sale or no assignment or lease by the grantee of the franchise or of the privileges 9ranted under this ordinance shall be effective until it is approved by the council of the city. As a condition to consideration by the council of a sa or assignment, the grantee shall file with the city manager written notice of the proposed sale or assignment and the vendee or assignee shall similarly file an i~strument, duly executed, recitin9 the fact of such proposed sale or assignment, offerin9 to accept the terms of this franchise, and agreeing to perform all of the conditions thereof. Section 10. No Exclusive Franchise. The rights herein 9ranted the grantee to construct, maintain or operate its telephone and telegraph system in the city, or to perform any other act or exercise any other privilege granted or provided for in this franchise shall not be construed as exclusive or as preventing the city from grantin9 to any other person, firm or corporation the same or similar franchise rights and privileges, to be exercised in and upon it s streets and sucl~ of the same and parts thereof as the city may deem best or choose to allow, permit, give or grant. Section 17. Lien of City. All debts, penalties, or forfeitures accruing to the city under the terms of this o-cdinance shall constitute a lien upon the property and franchises of the said grantee within the city, subject, however, to then-existing prior liens. Section 18. Jurisdiction of Governmental [te.qulator¥ Commissions. Where any provision of this franchise is in conflict with any lawful rule of the State Corporation Commission of Virginia, or of any other duly constituted body or commission legally authorized to prescribe rules governing the conduct of the grantee within the city, so that the grantee cannot reasonably comply with both the provisions of this ordinance and the rule of such commission or body, then the grantee shall comply with such specific rule instead of the conflicting specific and individual provision of this ordinance, but the grantee shall comply with each and all of the provisions of this' franchise where such can be done without violating valid statutes or rules of the said commission or body. Section 19. General Ordinances of the City. The rights and privileges herein granted are expressly subject to the conditions, limitations and provisions contained in the general ordinances of the city in force relative to the use of streets or public places of said city, so far as they may be applicable, to the rights and privileges herein granted, and to any and all ordinances which may be hereafter passed by the city applicable thereto in the exercise of the police power or any other powe.r vested in said city for the regulation of public service corporations using the streets of the city; and the city expressly reserves the right to pass all such reasonable ordinances for the regulation of the use of the streets and public ways and places, and for the exercis~ of the rights and' privileges herein granted. Section 20. Costs of Advertisement. The successful bidder shall pay to the city all costs for the advertisemen for bids and of this ordinance. Section 21. Effective Date. This ordinance shall be in force and effect from and after thirty (30) days from the date of its passage, provided that within such time the grantee shall have accepted the Within grant by execution and delivery to the City Clerk of the bond provided for in Section 13, subsection b., hereof, and by execution in duplicat, and delivery to said City Clerk of the written acceptance set out in the next following section, conformed by the City Clerk to show the number and the date of th final adoption of this ordinance, to be contained in attested and fully executed copies o£ this ordinance, one of which said copies shall be preserved and kept 6n file in the Office of the City Clerk, the other said copy to be delivered by said City Clerk back to said grantee. Section 22. Acceptance. The undersigned, the Chesapeake and Potomac Telephone Company of Virginia, hereby accepts the grant and each and all of the provisions, conditions and limitations of this ordinance of the City of ltoanoke, adopted by the Council of the City of ltoanoke as Ordimance No. , on the day of , 1967, and hereby covenants and agrees that it will perform and discharge each and all of the duties and obligations imposed upon it as grantee in and under said ordinance, and that it will be bound by each and all of the terms, Conditions and provisions therein contained. IN WITNESS WHE[tEOF the said The Chesapeake and Potomac Telephone Company oJ Virginia has caused this written acceptance to be executed in its name by its President or Vice President, thereunto duly authorized, and its corporate seal to be hereunto duly affixed and attested by its Secretary, thereunto duly authorized, on this day of , 1967: THE CHESAPEAKE AND POTOMAC TELEPHONE COMPANY OF VIRGINIA, Attest: By. ADOPTED , 1967 APPROVED , , 1967 Teste: Mayor City Clerk I, Virginia L. Shaw, City Clerk of the City nf Roanoke, Virginia, hereby certify that the above and foregoing is a true, accurate and complete copy of the ordinance 9ranting a franchise to , duly enacted by said Council on the day of , 1967, by a recorded affirmative vote of a majority of all the members elected thereto; and I further certify that the requirements of the laws of the State of Virginia, regulating the grant of franchise, et cetera, by cities and towns, and the requirements of the charter of the City of Roanoke, were duly complied with. IN TESTIMONY WHEREOF, I have hereunto set my hand as City Clerk of the sai City of Roanoke, this day of , A.D. APPROVED ATTEST: f× City Clerk City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROAkOKE, VIRGINIA, The 21st day of August, 1967. No. 17678. AN ORDINANCE relating to certain telephone service to be provided the City by The Chesapeake and Potomac Telephone Company of Virginia. WHEREAS, The Chesapeake and Potomac Telephone Company of Virginia has tendered to the City a proposed agreement in writing offering and agreeing to provid{ and maintain for the City certain telephones or local exchange services durin9 the term of a thirty-year franchise proposed to be granted to said Company, said agree- ment bein9 drawn to be executed by ard between said Company and the City; and 78 WHEREAS, the Council deems it to the best interest of the City to enter into the aforesaid agreement with said Company, an ordinance awarding the aforesaid franchise to The Chesapeake and Potomac Telephone Company of Virginia being adopted by the Council contemporaneously herewith. THEREFORE~ BE IT ORDAINED by the Council of the City of Roanoke that the offer of The Chesapeake and Potomac Telephone Company of Virginia to provide and maintain for the City not more than sixty-five (65) free telephones for unlimited local exchange service,, or other local exchange services of a monthly revenue value equal thereto, to be located at such locations along said Company's lines within the corporate limits of the City as said City may direct be, and said offer it hereb ACCEPTED; and tl~e Mayor and the City Clerk be, and are hereby authorized to execute behalf of the City and to seal and attest, respectively, that certain Written agree- ment relating to the aforesaid free telephone'service, prepared and executed by said Company under date of August 14, 1967, and now on file in the Office of the City Clerk, said agreement to take effect at the commencement and to run for the full term of the thirty-year franchise being granted said Company by the City by ordinanc adopted contemporaneously herewith. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of August, 1967. No. 17683, 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 Appropriatior Ordinance, be, and the same is hereby, amended and reordained to read as follows, in p art: RECREATION, PARKS AND RECREATIONAL AREAS ~75 Operating Supplies and Materials (1) ..................... $26,d90.00 (1) Trophy Fees $490.00 79 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: / City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of August, 1967. No. 1768 4. AN ORDINANCE to amend and reordain Section ~56, "Engineering," 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 ORDAIn. ED by the Council of the City of Roanoke that Section ~56, "Engineering," of the 1967-68 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: ENGINEERING ~56 Office Furniture and Equipment - Replacement (1) ............ $980.00 (1) Three-unit dictating and transcribing set ...... $800.00 BE IT FURTHER ORDAINED thor, an emergency existing, this Ordinance shall be in effect from'its passage. / City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of August, 1967. No. 17685. AN ORDINANCE authorizing the City Attorney to make motion for the award of a right of entry on certain property in connection with the widening of Winsloe Drive, N. W., for the purpose of commencing the City's work of improvement; and providing for an emergency. WHEREAS, the Council has heretofore, by its Ordinance No. 17668, duly adopted on August 7, 1967, authorized the acquisition, in fee simple, of a certain .0653 acre parcel of land in the City of Roanoke, needed for the wideain9 and improvement of Winsloe Drive, N. W., by purchase from the owners thereof at the price set out in said Ordinance No. 17668, if possible, and if not, by condemnation; WHEREAS, the owners of that ¢ertain .0653 acre parcel of land have declined to accept the offer of the purchase price heretofore authorized to be made, and the City Manager has recommended, in order that the aforesaid improvement of Winsloe Drive, N. W., be commenced as soon as possible, that the City Attorney be authorized to make motion in the court wherein condemnation proceedings have been instituted for an award of a right of entry upon the premises sought to be acquired, in which recommendation, the Council concurs; and WHEREAS, an emergency i~ declared to exist in order that this ordinance take effect upon its passage. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, that in conducting the condemnation proceeding heretofore 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 the City Attorney shall be and is hereby authorized and directed to draw and make payment into the Court wherein said condemn tion proceedings are pending the sum heretofore authorized to be paid by the City for the parcel of land sought to be acquired in such condemnation proceeding. BE IT FURIttER ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage. ATTEST: _~- ; City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of August, 1967. No. 17686. h 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 public water distribution main located in Shamrock Street, on which the property abuts outside the corporate limits of the City, of the premises located at 1520 Shamrock Street, described as Lot 3, Block 2, Section A, Map of Hershberqer Hills, such connection to be made in full compliance with the provisions established for such connections in Rule 38 of tl 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. ATTEST: y Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of August, 1967. No. 17687. 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 here amended and reordained to read as follows, in part: MAINTENANCE OF CITY PROPERTY Maintenance of Building and Property (1) ................ $270,625.00 (1) Bridge Repair .......... $63,250.00 Painting Hunter Memorial Bridge-- -$4,000.00 RECREATION, PARKS AND RECREATIONAL AREAS ~75 Other Equipment - Replacement (1) ..................... $ 7,975.00 (1) Purchase of ceramic kiln -$ 175.00 CONTINGENCIES =98 ......................... ' ................ $ 1,290.90 e BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its pa~ssage. APPROVED ATTEST: /. City Clerk Mayor IN THE COUNCIL OF THE CITY OF RO/hNOKE, VIRGINIA, The 21st day of August, 1967. No. 17688. AN ORDINANCE accepting the proposal of H ~ S Construction Company for the construction of certain new concrete apron extensions and related improvements at the Roanoke Municipal Airport; authorizing the proper City officials to execute the requisite ~ontract; rejecting certain other bids made to the City; and providing for an emergency. WHEREAS, at the meetin9 of Council held on August' 14, 1967, and after due and proper advertisement had been made therefor, five (5) bids for furnishing al tools, machines, labor and materials for the construction of two (2) new concrete apron extensions adjacent to the Piedmont Aviation maintenance hangar at the Roanoke Munidpal Airport, along with related air, water and electric utility line installa- tions, were opened and read before the Council, whereupon all said bids were referre, 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 ha6 reported to the Council in writing its tabula- tion and recommendation on both said bids, from which it appears to the Council that the proposal of H ~ S Construction Company represents the lowbst and best bid made to the City for the performance of said work, and should be accepted; that said other bids should be rejected; and WHEREAS, funds sufficient to pay for the cost of the aforesaid improvements have been appropriated for the purpose by the Council; and WHEREAS, for the usual daily operation ot~ the municipal government an emergency is declared to exist in Order that this ordinance take effect upon its passage. ~ THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: (1) That the written proposal of H ~ S Construction Company made to the City for the construction of two (2) new concrete apron extensions adjacent to exist- ing aprons at or near the Piedmont Aviation maintenance hangar at Roanoke Municipal Airport and, also, related air, water and electric utility line installations, all as described in the City's plats and specifications, for a lump sum of $44,120.60, 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 H ~ S Construction Company, the same to incorporate the terms and conditions of this ordinance, said bidder's proposal and the City's plans and specifications made for said work; said contract to be upon such form as is approved by the City Attorney, and the cost of t 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 toeach 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 21st day of August, 1967. No. 17689. A RESOLUTION rejecting certain bids received for painting and pigeon control service on the Wasena Bridge; and directing the City Manager to advertise for new bids for the same. WHEREAS, at the regular meeting of the Council held on August 7, 1967, an after due and proper advertisement had been made therefor, two (2) bids for painting and pigeon control service on the Wasena Bridge were opened and read before the Council, whereupon both 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 tabulation of said bids, from which and upon said committee's report it ~ppears that both said bids exceed funds currently set aside for said project and, further- more, that under the terms of the specifications referred to in the City's advertise ment the City is to furnish and supply the paint for the work; and the said committe has, therefore, recommended that both said bids be rejected and that the City Manager be authorized to advertise for new bids for the performance of said work, in which recommendations the Council concurs. '84 NOW, THEREFORE, BE IT RESOLVED that the two (2) bids heretofore received by the City on August 7, 1967, for painting and pigeon control service on the Wasena Bridge be, and the same are hereby REJECTED; the City Clerk to so notify both of said bidders and express to each the City's appreciation of said bids. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to advertise for new bids for the performance of said painting and pigeon control service on the City's Wasena Bridge. ATTEST: / City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROAbiOKE, VIRGINIA, The 21st day of August, 1967. No. 17691. AN ORDINANCE amending and reordainin9 Section 43, Chapter 2, Title IV, of The Code of the City of Roanoke, 1956, 1gelatine to the voting place in Wasena Precinct; and providing for an emergency. WHEREAS, the Electoral Board has recommended that the voting place in Wesena Precinct be changed as hereinafter provided; and WHEREAS, certain physical improvements and additions also recommended by said Board to be made to the building proposed as the new voting place have now been completed 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 43, Voting place in Wasena Precinct, 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. 43. Voting place in Wasena Precinct. The votin9 place in Wasena Precinct Shall be, and the same is established at the Entrance Buildin9 of the Transporta- tion Museum located on the south side of Wiley Drive, in the east end of Wasena Park, east of the Wasena Bridge and north of Winchester Avenue, S. W., the main approach to said 9otin9 place bein9 by way of Winona Avenue, S.W., east off of Main Street, S~ W. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in force and effect upon find after its passage. APPROVED ATTEST: / City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of August, 1967. No. 17692. A RESOLUTION authorizing the Cfty 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 existin9 water main of t~e 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, 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 12-inch public water distribution main located in Williamson Road on which the property abuts outside the City's corporate limits, of the premises being built at 5602 Williamson Road, on property described as the southerly portion of new Lot 3, Block 14, according to the Map of Boxley Hills Subdivision, such connection to be made in full compliance with the provisions establ or suc~ connections in Rule 38 of the Rules and Regulations for the operation of the ity's Water Department, and said water services to be hereafter supplied by the City n accordance with its general rules and regulations and at such rates and charges s are generally provided in such instances. BE IT FURTHER RESOLVED that this resolution shall not be construed as brogating or changin§ in any way the policy heretofore established by Council in its 'Resolution No. 16855. ITTEST: /City Clerk APPROVED Mayor hed 85 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of August, 1967. No. 17693. A RESOLUTION expressing the City's appreciation to Mr. W. Gordon Buchanan for his gift to the City of a scale model replica of a Baltimore and' Ohio Railroad Company Steam Locomotive; and directing the City Manager to provide for appropriate display of said engine at the City's Transportation Museum and to cause to be attached thereto a suitable descriptive plaque identifying the gift. WHEREAS, a new resident of the~City, Mr. W. Gordon Buchanan, has displayed unusual generosity and sense of civic consciousness by giving to the City a working scale model replica of Baltimore and Ohio Railroad Company Steam Locomotive No. 5314, which is some five and one-half feet in length, weighs 300 pounds, and is powered by thirty-five horsepower'engine, all of which Mr. Buchanan hand-crafted and assembled i: his own machine shop, taking five and one-half years in the making. NOW THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council, for itself and on behalf of the citizens of Roanoke, extends sincere appreciation to the City's newly-arrived citizen, Mr. W. Gordon Buchanan, for his valuable gift to the City of his handcrafted scale model replica of Baltimore and Obi, Railroad Company Steam Locomotive No. 5314, which gift constitutes a most interesting and welcomed addition to the City's Transportation.Museum. BE IT FURTHER RESOLVED, that the City Manager is h~reby authorized and directed to cause appropriate display of said steam locomotive to be made at the City Transportation Museum, and further, 'to provide for a suitable descriptive plaque to identify and describe the gift, as well as its donor. BE IT FINALLY RESOLVED that the City Clerk is'hereby directed to transmit an attested copy 'of this resolution to Mr. W. Gordon Buchanan. APPROVED ATTEST: Ci:Clerk ~~aYO r IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of August, 1967. No. 17694. A RESOLUTION relating to a proposed area study of solid waste disposal. WHEREAS, the Council has heretofore made provision for the appointment of a special committee to devise and recommend a long-range plan to meet the City's presen and future needs for refuse disposal; and WHEREAS, other local governmental units in the Roanoke Valley being pressed by the same or similar problems, particularly those relating to solid waste disposal, it has been suggested that the Virginia Department of Health has recently been allocated funds and has acquired a staff of personnel sufficient, able and agreeable to the making of an area-wide study of all such problems, the objective of which would be to study and analyze the area situation with respect to the disposal of solid wastes and to make report and recommendations to 'the several governmental units with respect to the best methodaand plans for meeting said areas' needs in the matter; the Council being further advised that such area-wide study would be proposed to be performed independently and financed by the Virginia Department of Health but i consultation With local governmental officials but, if made, to have the prior approval of the regional agency charged with planning powers and responsibilities over said area; and WHEREAS, this Council is conscious of the benefits to be gained as a result of such area study and is desirous that it be fully authorized and implemented THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council favors and will support an area study of matters relating to the best practical methods of solid waste disposal, such study to be made by and at the expens of the Virginia Department of Health, with the assistance of such Federal funds 'as may be available for the purpose, and to be made in consultation with officials of the several local governmental units of the area involved. BE IT FURTHER RESOLVED that the Roanoke Valley Regional Planning Commission to which the City Clerk shall send an attested copy of this resolution, be and is requested to give its formal approval to and, if necessary, to offici'ally apply for or request the making of such study by said Virginia Department of Health; and BE IT FURTHER RESOLVED that each of the other local governmental units represented by said Roanoke Valley Regional Planning Commission is urged to endorse and support the aforesaid area-wide study; and the City Clerk shall transmit additional attested copies of this resolution to the governing bodies of such other units. BE IT FINALLY RESOLVED that an attested copy hereof be furnished by said Clerk to the City Manager, who shall transmit the same to the Virginia Department of Health. APPROVED ATTEST: ffity Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of August, 1967. No. 17682. 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. 402, 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 southwest corner of Elm Avenue and Fifth Street, S. E., described as Lots 1 - 3, inclusive, Block 1, M. H. Jennings Map, Official Tax Nos. 4020411 - 4020413, inclusive, 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 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 21st day of August, 1967, 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 presented is of the opinion that the hereinafter descrbied 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. 402 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 Elm Avenue and Fifth Street, S. E., described as Lots 1 - 3, inclusive, Block 1, M. H. Jennings Map, designated on Sheet 402 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax Nos. 4020411 - 4020413, inclusive, be, and is hereby, changed from RG-2, General Residential District, to C-2, General Commercial District, and that Sheet No. 402 of the aforesaid map be changed in this respect. APPROVED ATTEST: C/ity Clerk Mayor 89 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of August, 1967. No. 17690. AN ORDINANCE authorizing the Mayor and the City Clerk, for and on behalf of the City of Roanoke, to execute a deed of release to certain water rights now held by the City of Roanoke in certain land described as Offical No. 4350601, owned by Home Dealers, Incorporated. WHEREAS, Home Dealers, Incorporated, owner of the lot hereinafter describe has requested that the City of Roanoke execute a release and quitclaim of certain water rights described in the ordaining clause of this ordinance which now cloud the title to the real estate hereinafter described; and WHEREAS, a committee to which the request was referred by the Council has reported that the City of Roanoke would suffer no loss or inconvenience by the release of such water rights, and has recommended that the aforesaid request be granted. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the Mayor of the Ciiy of Roanoke and its City Clerk be, and ~ey are hereby authorized and directed to execute, for and on behalf of the City, a deed of release to Home Dealers, Incorporated, releasing all right, title and interest in and to any easement for water rights as set forth in a deed from William H. Muse, Jr., et al, to Roanoke Gas and ~ater Company (a predecessor in title to the City of Roanoke) dated November 24, 1907, and of record in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 41, page 448, now owned or held by the City in that certain sixty by one hundred twenty foot lot or parcel of land situate on th southeast side of Bennington Street, S. E., known as Official No. 4350601 on the Tax Appraisal Map of the City, the deed to be limited to a release by the City of rights held in the nature of an easement and not to extend to conveyance of any land owned by said City in fee simple; such deed to be upon such form as is first approved for execution by the City Attorney. ATTEST: / City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of August, 1967. No. 17695. AN ORDINANCE to amend and reordain Section ~98, "Contingencies," and Section =2000, "Schools - Instruction," of the 1967-68 Appropriation Ordinance, and providing for an emergency. 9O WHEREhS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~98, "Contingencies," and Section ~2000, "Schools - Instruction," of the 1967-68 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: CONTINGENCIES ~98 .............................. $ .00 SCHOOLS - INSTRUCTION ~t2000 Personal Services (1) ........................ $7,288,51f~87 (1) Two Special Education Teachers .... $11,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of August, 1967. No. 17696. 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 g27000, "Schools - Project Act," and Section g28000, "Schools - Project Second Step," of the 1967-68 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: SCHOOLS - PROJECT ACT ~27000 Personal Services ...................................... $103,500.00 Supplies .............................................. 3,900 O0 Health Services ........................................ 4,000 O0 Travel ................................................. 945 O0 Operations ............................................. 3,150 O0 Fixed Charges .......................................... 42,656 O0 Equipment .............................................. 1,500 O0 SCHOOLS - PROJECT SECOND STEP =28000 Personal Services ...................................... $197,350.00 Supplies ............................................... 12,250.00 Health Services ........................................ 3,000.00 Travel ................................................. 725.00 Fixed Charges .......................................... 19,735.00 Equipment .............................................. 2,229.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: d>y Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of August, 1967. No. 17697. 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) ....................................... $180,000.00 (1) Maximum rate of $37.46 per day BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: ~ r/G~ ~ ~ ....... Cz.~-' ~ ~ ~ ' / city clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of August, 1967. No. 17698. A RESOLUTION authorizing the acceptance of certain awards made by commissioners in condemnation proceedings brou~t for the acquisition of Parcel No. 088, being acquired for the City's State Route No. 24 Project. WHEREAS, Council having heretofore, by its Ordinance No. 16657, directed acquisition from City Rescue Mission of Roanoke, Inc., of certain land described as Parcel No. 088, necessary for the construction of the City's State Route No. 24 Project and authorized the payment of a certain express sum therefor out of appropriations theretofore made for the project, and commissioners appointed by the Court of Law and Chancery of the City of Roanoke in condemnation proceedings brought to acquire for the City the property hereinafter described having on recent occasion made their report to the Court in said proceedings, fixing as the total amount of compensation and damages required to be paid by the City upon its acquisition of said parcel a sum of money in excess of the aggregate amount heretofore authorized to be paid into Court as the City's offer for said property; and the Council having appropriated contemporaneously herewith an additional sum for payment of the increased award and the interest required by law to be paid by the City on the difference between its aforesaid offer and said award; and WHEREAS, the Commonwealth of Virginia, Department of Highways, has given its written concurrence to acceptance of the aforesaid report of commissioners and the City Manager and the City Attorney have recommended to the Council that the Council, by resolution, accept the terms of said commissioners' award. THEREFORE, BE IT RESOLVED by the Council of t~ City of Roanoke that said City doth accept the report and award recently made by Court-appointed commissioners in condemnation proceedings brought in the Court of Law and Chancery of the City of Roanoke to acquire for the City the following described property needed for the City's State Route No. 24 Project No. 0024-128-101, RW-201, and said Council doth hereby authorize and direct the City Auditor to draw and deliver to the City Attorne the City's check in the total sum hereinafter set out opposite the property description and the name of said property's former owner, in payment of the additional sum necessary to meet said award of 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 the condemnation proceedings therein pending involving said property, namely: Property Name of Owner Parcel 088 City Rescue Mission of Roanoke, Inc. APPROVED ATTEST: I Cit~ Clerk Additional Sum $43,280.00 plus interest on said sum at the rate of 5% per annum from January 15, 1966 amounting to $3,516.50, aggregating a total sum of $46,796.50. Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of August, 1967. No. 17699 ~.~ ORPIN~>~CE to amend and reordain Section ~89. "Capital of t-he 1'967-68 WHEREAS, for the usual daily operation of the Municipal Government of 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 CIP 16 Route 24 Improvements (1) ..................... $300,089.18 (1) Net increase $58,496.00 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 28th day of August, 1967. No. 17700. AN ORDINANCE authorizing acquisition of approximately 1398.3 square feet of land on the east side of Greenlawn Avenue, north of Broad Street, for public street purposes, upon certain terms and conditions; and providing for an emergency. WHEREAS, it is reported to the Council that the landowner hereinafter named has offered and agreed to convey to the City, in fee simple, a certain strip of land 9 feet in width and approximately 150 feet in length along the present east side of Greenlawn Avenue, and being a part of Official No. 2161012, to be utilized for public street purposes, provided that the City will install without expense to said landowner new curb and gutter along the frontage of said lot on Greenlawn Avenue and on Broad Street, the estimated cost of which would amount to $1,150.00, and which said sum is available in current appropriations made for such purposes; and WHEREAS, the City Manager has recommended that the Council accept the proposal of said owner and authorize that Greenlawn Avenue be so widened and that the aforesaid street improvements be made by the City; 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 proper City officials be, and they are hereby authorized and directed to accept, on behalf of the City, and to thereafter record such proper deed of conveyance as will ¸94 acquire from George A. Milan, or such other person or persons as may be ~he record owners thereof, a certain 9-foot wide strip of land approximately 150 feet in length along the westerly side of property described as Official No. 2161012 on the Tax Appraisal Map of the City, a copy of which is on file in the Office of the City Clerk said strip of land containing approximately 1398.3 square feet and to be used for the widening of Greenlawn Avenue and rounding the corner of its intersection with Broad Street; said deed to be made upon nominal consideration of Fi~e Dollars, ($5.00), cash, and to be upon such form as is approved by the City Attorney, but which said deed may recite that said City will thereafter, and without expense to the aforesaid landowner, construct along the new street line on Greenlawn Avenue abutting said owner's lot, and along said lot's Broad Street frontage, new curb and gutter of standard specifications, estimated to cost the sum of approximately $1,150.00. BE IT FURTHER ORDAINED that upon said City Attorney's certification to the City Manager of the City's acquisition of title to the aforesaid strip of land, the City Manager shall be, and is hereby directed to cause the aforesaid new curb and gutter to be constructed and installed as hereinabove described, without expense to the aforesaid landowner, the cost of which the City shall be paid out of funds currently appropriated for curb and gutter construction. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage. ATTEST: /City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of August, 1967. No. 17701. A RESOLUTION relating to the City's acquisition of certain property needed for municipal airport purposes, heretofore authorized to be acquired by Ordinance No. 17553. WHEREAS, by provisions contained in Ordinance No. 17553, heretofore adopted on May 29, 1967, the City entered into contract of sale with Marion E. Lyon and Alice B. Lyon to purchase and acquire for the City certain real estate therein described, upon terms and conditions set out in said contract, amongst which was the provision that said conveyance be made and the purchase price be paid by September 1, 1967, until which said date said owners 'reserved a right to occupy and use said property; and WHEREAS, said owners have requested in writing that the City agree to extend until September 15, 1967, the time for performing said contract of sale and o the delivery of possession of said property to the City; and the City Manager has recommended that the City accede to such request and agree to extend the time of performance of the contract, as aforesaid, and the Council concurs in said recommendation. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said City doth hereby agree with Marion E. Lyon and Alice B. Lyon to extend until September 15, 1967, the time for full performance on the part of all parties of the terms, provisions and covenants of that certain contract of sale of real estate heretofore entered into between said parties as of May 1, 1967, and as au~ orized by this Council's Ordinance No. 17553 adopted May 29, 1967; full and complete title and possession of the real estate described in said contract to be conveyed and delivered to the City on or before the 15th day of September, 1967, the City having theretofore tendered or made full payment to said owners of the purchase price provided in said ordinance. APPROVED ATTEST: /~' ~_ ~'~- ~' ~ ~ ~'~-- ' c7~) ~ ~ l (_.~ ..... / City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of August, 1967. No. 17702. A RESOLUTION authorizing the City Manager to approve metered water connections to certain premises located outside the corporate limits of the City, upon certain terms and conditons. WHEREAS, the owner of properties hereinafter described located outside the corporate limits of the City, abutting on an existing water main of the City, has made application ~ 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 Cove Road. the street on which the properties abut outside the City's corporate limits, of the premises located at 3524 and 3532 Cove Road, N. E., further described as Lots 8 and 9, Block 6, Section 3, according to the Map of Fair Hope Subdivision, in Roanoke County, 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: ' ~City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of August, 1967. No. 17703. A RESOLUTION relating to certain proposed amendments to the contract of eptember 28, 1954, between the City of Roanoke and the County of Roanoke, dealing with the treatment of domestic wastes orignating in certain designated areas in Roanoke County. WHEREAS, the Board of Supervisors of ~oanoke County by resolution adopted on June 19. 1967, requested that the Council of the City of Roanoke agree, by adoption of an appropriate resolution, that the contract of September 28, 1954, betwe aid City and County be amended $o as to add to and include in the area of the :ounty from which acceptable wastes are agreed to be delivered to and treated by the ~ity under said contract a certain new area, described by metes and bounds in said resolution of June 19, 1967, and said to contain 18 acres, more or less; said Board's resolution containing, in paragraph (C) thereof certain assurances of the Board which n themselves, are agreeable to this Council; and WHEREAS, by further resolution adopted by said Board of Supervisors on 'uly 17, 1967, this Council's agreement was requested to a further amendment of said ontract of September 28, 1954, so as to add to and include in the area of the County rom which such wastes are delivered and treated an-additional new area, likewise escribed by metes and bounds in said resolution and said to contain 12.063 acres, nore or less; said later resolution also containing in paragraph (C) thereof assurances agreeable to this Council; and WHEREAS, there have been pending for some while serious negotiations, still unresolved, between this Council and said Board looking to an agreeable amendment of various of the major terms and provisions of the aforesaid contract of September 2[ 1954, one of which concerns the charge which said County should pay to the City for the costof the City's services and facilities employed in its transmission and treatment of County wastes; and WHEREAS, pending the outcome of the aforesaid negotiations and not wanting to contribute to delay in the development of the aforesaid new areas, this Council is willing that said areas be added to those other areas of the County from which domestic and commercial wastes are now treated by the City, with the assurances of said Board as already made with respect to the proposed two (2) new areas but with further agreement of said Board to paymentto the City of an increased charge for the City's transmission and treatment of the wastes originating in said two (2) new area; and WHEREAS, this Council is advised by individuals interested in the developme~ of said new areas that the charge hereinafter proposed to be applied to City's services rendered with respect to said new areas is agreeable to said developers and would, in fact, be greatly less than the aggregate of the normal charges currently made by the County or its agencies to individual owners or customers in the County as sewage treatment charges. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council is willing to further amend the contract of September 28, 1954 between the City of Roanoke and the County of Roanoke dealing with the City's transmission and treatment of domestic and commercial wastes originating within certain defined areas of said County, in the following respects, viz: 1. By adding to and including in the areas of the County from which such wastes may be delivered to and treated by the City that certain 18 acre area of territory described in the resolution of the Board of Supervisors of Roanoke County adopted on June 19, 1967, aforesaid, and, also, that certain 12.063 acre area of territory described in the resolution adopted as aforesaid by said Board of Superviso on July 17, 1967, provided it be further agreed by said Board and this Council as follows, with respect to said two (2) new areas: (a) That acceptable wastes originating within the aforesaid areas shall be delivered by the County to the City's sa/~itarY sewer system at such points as are approved by the City's Direct.or of Public Works, or. the City ~ngineer, and that requisite measuring meters be installed at such points of delivery by the County if required by the City; (b) That the assurances extended by said Board in paragraphs (C) of each of its aforesaid resolutions be continued and reaffirmed with respect to said two (2) new areas; (c) That the charge to be paid by said County to the City for transmitting and treating acceptable wastes delivered to the City from each of the aforesaid two (2) new areas shall be at the rate of Seventy-seven Dollars and Fifty-eight Cents ($77.58) per million gallons delivered; said rate to 98 be adjusted annually, effective July 1 of each year, upon determination of and based upon the cost to the City of its sewage treatment plant for the immediately preceding fiscal year, including in such cost the factors of general expense, depreciation, interest on debt, retirement of debt and non- debt incurred capital improvements, or, the rate shall be adjusted in conformance with any overall revision of all treatment and transportation charges or rates subsequently determined jointly by the City and the County for the City's transportation and treatment of sewage wastes from the County, whichever adjustment may first occur; and (d) That in all other respects said contract shall remain in full force and effect. BE IT FURTHER RESOLVED that the City Clerk forthwith transmit to the Chairman of the Board of Supervisors of Roanoke County an attested copy of this resolution; and that upon said Board's adoption of an appropriate resolution con- senting and agreeing to all of the matters herein resolved, and upon receipt by this Council of an attested copy of such resolution, if the same be adopted by said Board, said contract of September 28, 1954, shall be in all respects amended as herein provided. APPROVED ATT EST: ~ City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of August, 1967. No. 17704. AN ORDINANCE amending and reordaining Section 51, Chapter 2, Title IV, of the Code of the City of Roanoke, 1956, relating to the voting place in Tinker Precinct; and providing for an emergency. WHEREAS, the Electoral Board has recommended that the voting place in Tinker Precinct be changed as hereinafter provided; and for the usual daily operat 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 th'at Section 51, Voting place in Tinker Precinct, of Chapter 2, Precincts and Voting Places, of Title IV, Elections, of the Code of the City of Roanoke, 1956, as nme be and said Section is hereby amended and reordained to read and provide as follows Sec. 51. Voting place in Tinker Precinct. The voting place in Tinker Precinct shall be, and the same is established at the Thrasher Park Recrea- tion Center located on the westerly side of Vinton Mill Road, N. E. BE IT FURTHER oRDAINED that, an emergency existing, this ordinance be in force and effect upon and after its passage. APPROVED I[ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of August, 1967. No. 17705. A RESOLUTION authorizing the City Manager to permit the installation of a banner advertising the Harvest Festival across downtown Jefferson Street, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized to issue to the V.M.I. Athletic Association and the Junior League of Roanoke, jointly, a permit to install a canvas banner across downtown Jefferson Street in connection with the "Harvest Festival," a certain community service project of said organizations, said banner to remain from September 25, 1967, to October 14, 1967; provided said organizations shall cause said banner to be removed promptly after the lastmentioned date and provided, further, the' said banner be installed at a location and in a manner satisfactory to the City Manager and, prior to its installation, the City be furnished insurance coverage to be approved by the City Manager, insuring the City from any and all liability that may result to the City because of the installation of the aforesaid banner across said street. APPROVED ~TT EST: / City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2~th day of August, 1967. No. 17706. A RESOLUTION rejecting a certain bid received for relocation and eplacement of a sewer line in the area northwest of the intersection of Oxford Avenue and Memorial Avenue, S. W. WHEREAS, at the regular meeting of the Council held on August 14, 1967, and after due and proper advertisement had been made therefor, one (1) bid for the elocation and replacement of a sewer line in the area northwest of the inersection ,f Oxford Avenue and Memorial Avenue, S.W., was opened and read before the Council, whereupon said bid was referred to a committee for tabulation and study and for recommendation to be made thereon the Council; and WHEREAS, said committee has reported to the Council in writing its tabula- ion of said bid, from which and upon said committee's report it appears that said bid exceeds funds currently set aside for said project, and the said committee has, therefore, recommended that said bid be rejected. NOW, THEREFORE, BE IT RESOLVED that the one (1) bid heretofore received by the City on August 14, 19§7, for relocation and replacement of a sewer line in the area northwest of the intersection of Oxford Avenue and Memorial Avenue, S. W., 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. ATTEST: City Clerk A P P R 0 V ED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2[Jth day of August, 1967. No. 17707. AN ORDINANCE authorizing the proper City officials to accept from the Seventh Day Adventist Church, and cause to be recorded, a deed donating a ten (10) foot wide easement for sanitary sewer purposes over certain of the real estate belonging to said Church, and $1,000.00 in cash as partial payment to the City for th~ relocation and replacement of a certain sewer line; and providing for an emergency. WHEREAS, the Seventh Day Adventist Church has offered to donate to the City a 10-foot wide easement for sanitary sewer purposes over the northerly portion of its real estate located in the Virginia Heights section of the City, and has heretofore paid to the City Treasurer a sum of $1,000.00, cash, as partial payment of the cost of relocation and replacement of a sanitary, sewer line in the area northwest of the intersection of Oxford Avenue and Memorial Avenue, S. W.; and WHEREAS, this Council desires to accept the donations, and for the usual daily operation of the municipal government an emergency is declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the proper City officials are hereby authorized to accept a deed, approved as to form and execution by the City Attorney, granting a perpetual easement for sanitary sewer purposes over a 10-foot wide strip of land belonging to the Seventh Day Adventist Church, said easement to extend westerly from the west line of Oxford Avenue, S. W., approximately 110 feet to the easterly side of a 20-foot wide alley, the location of said easement being shown on Plan No. 5063, prepared in the Office of the City Engineer; and, also, to accept the $1,000.00 cash payment heretofore tendered by said Church, said sum representing partial payment by said Church for the relocation and replacement of said sewer line. BE IT FURTHER ORDAINED that, upon acquisition of said easement and confirmation of payment of said $1,000.00, the City Manager is authorized and directed to proceed to cause the aforesaid public sanitary sewer line to be relocate, in the proposed new right-of-way, employing City forces and materials within the limits of appropriations expressly made for the purpose by this Council BE IT FINALLY ORDAINED that, an emergency existing, this ordinance be in full force and effect upon its passage. APPROVED ATT EST: Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of August, 1967. No. 17708. AN ORDINANCE to amend and reordain Section ~88, "Sewer and Drain Construction," of the 1967-68 Appropriation Ordinance, and providing for an emerge ncy. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section #~8, "Sewer and Drain Construction," of the 1967-68 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SEWER AND DRAIN CONSTRUCTION ~'88 Supplies and Materials - Construction (1) .................................... $ 44,000.00 (1) Net increase ........ $1,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATT EST: / City Clerk APPROVED Mayor !02 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of August, 1967. No. 17709. A RESOLUTION changing the date of a regular meeting of the Council of the City of Roanoke. BE IT RESOLVED by the Council of ihe city of Roanoke that the regular meeting of the Council provided to be held on September 4, 1967, at 2:00 o'clock, P. M., be, and is hereby changed so that said regular meeting be held, instead, on the 5th day of September, 1967, at 2:00 o'clock, P. M., in the Council chambers in the Municipal Building. APPROVED AT T EST: ~ity Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of September, 1967. No. 17710. /1 RESOLUTION approving a comprehensive plan and authorizing and approving additional low-rent housing for Project No. VA. 11-5 proposed to be erected by the City of Roanoke Redevelopment and Housing Authority. WHEREAS, Council for the City o'f Roanoke did, by Resolution No'. 10363, adopted on JanUary 30, 1950, authorize and approve the execution on behalf of the City of Roanoke of the Cooperation Agreement between the City of Roanoke and the City of Roanoke Redevelopment and Housing Authority for the construction of 900 units of low-rent housing to be .developed and located within the corporate limits of the City of Roanoke; and WHEREAS, pursuant thereto, said Cooperation Agreement dated January 31, 1950, was entered into between the said City of Roanoke and the City of Roanoke Redevelopment and Housing Authority; and WHEREAS, pursuant thereto, there was erected 600 units of low-rent housing by the City of Roanoke Redevelopment and Housing Authority within the corporate limits of the City; and WHEI{EAS, by Resolution No. 15911, adopted on July 13, 1964, it was resolved by the Council of the City of Roanoke that there is a need in the City of Roanoke for an additional 300 units of low-rent public housing, that the City of Roanoke Redevelopment and Housing Authority should proceed with the planning and surveys, and such other steps as are necessary in the development of a development program for an additional 300 units of low-rent public housing in the City of Roanoke and the preparation of the comprehensive plan for the construction thereof for submission to the Council of the City of Roanoke, and that Council for the City of Roanoke did approve the borrowing by the City of Roanoke Redevelopment and Housing Authority from the Federal Government of preliminary loan funds for the purposes of preparing said development program and comprehensive plan; and WHEREAS, a development program and comprehensive plan for the erection of 105 low-rent dwelling units on a site immediately west of Hurt Park Elementary School property, designated by the City of Roanoke Redevelopment and Housing Authority as Project No. VA. 11-3, was ~proved by the Council of the City of Roanoke by Resolution No. 16585 on August 16, 1965, and such Project is now being constructe and WHEREAS, a development program and comprehensive plan for the erection of 96 low-rent dwelling units on an 7.7 acre site, bounded generally on the east by Hunt Avenue, N. W.; on the south by Tucker Avenue, N. W.; on the west by Ninth Street, N. W., and on the north by Levelton Avenue, N. W., designated by the City of Roanoke Redevelopment and Housing Authority as Project No. VA. 11-5, has been pre- pared by the City of Roanoke Redevelopment and Housing Authority and submitted to this Council for approval by it; and WHEREhS, by virtue of Sections 36-19.1 and 36-19.2 of the 1950 Code of Virginia, as amended, such comprehensive plan for such Project and the additional low-rent housing therein proposed to be constructed is required to be authorized and approved by this Council. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the development program and comprehensive plan for the site improvement and erection of 96 low-rent dwelling units by the City of Roanoke Redevelopment and Housing Authority, designated by it as Project No. VA. 11-5, submitted to this Council, are hereby approved. 2. That the additional low-rent housing units proposed to be erected by the City of Roanoke Redevelopment and Housing Authority in conformity With said development program and comprehensive plan are hereby authorized and approved by this Council. 'APPROVED ATTE ST: /~ity Clerk ~layor I04 IN THE COUNCIL OF THE CITY OF ROANOi/E, VIRGINIA, The 5th day of September, 1967. No. 17711. A RESOLUTION proclaiming Setpember 2:2, 1967, as Wonju Day. WHEREAS, this Council has instituted a Sister City relationship with the City of Wonju, Republic of Korea; and WHEREAS, in furtherance of this alliance there have been exchanges of greetings and gifts by governmental officials and citizens of the respective cities and regions; and WHEREAS, a similar observance was successfully conducted in 1966; and WHEREAS, there is now being exhibited in Roanoke schools a collection of paintings by students of the City of Wonju while a Roanoke citizen, Major Richard Hedrick, has recently taken to Wonju a similar collection of paintings by Roanoke students; and WHEREAS, The International Municipal Cooperation Committee, Incorporated, a corporation formed by our citizens interested in furthering this people-to-people program in the interest of international understanding, has requested the proclama- tion of September 22, 1967, as Wonj~ Day, in order that that day may be celebrated appropriately. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that September 22, 1967, is hereby proclaimed as l~onju Day, and this Council requests our citizens to cooperate in the appropriate celebration of such day as a milestone in the development of friendship, interest and cooperation between our two cities and our two republics. APPROVED ATTEST: ~>/~/'~'f">/~ity Clerk~"/~'//~/~'"~'-~'~'/ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of September, 1967. No. 17712. Mayor 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, II and the same is hereby, ~amended and reordained to read as. follows, in part:~ PUBLIC ASSISTANCE g37 Medical Assistance to the 'Aged 85.77% (1) ........... $7,000.00 (1) Net increase $7,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. '.~ P P R 0 V E D ATTEST: ~/[ii~ ~~'1 ~ Y' ~-'ice's't Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of September, 1967. No. 17713. AN ORDINANCE providing for the purchase of four (4) new trucks for use by various divisions of the Department of Public Works of the City, upon certaia term and conditions; accepting a certain bid made to the City for furnishing and deliver- ing said equipment; rejecting certain other bids made to the City; and providing for an emergency. WHEREAS, at a meeting of the Council held on August 28, 1967, and after due and proper public advertisement having been made therefor, certain bids for the supply to the City of four (4) new 1-1/2 ton trucks complete with cabs, chassis and dump bodies, two for use in the Street Repair Division, one for use in the Street Construction Division and one for use in the Sewer Maintenance Division of the City's Department of Public Works, 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 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 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 Diamond Chevrolet Corporation to furnish and deliver to the City four (4) new 1968 1-1/2 ton Chevrolet trucks, complete with cabs, chassis and dump bodies, delivered to the City f,o.b. Roanoke, Virginia, in full accordance with the City's specifications therefor and of said bidder's proposal, for a purchase price of $12 , 735 . 84 ,. cash, plus. the City's trade-in equipment described in said specifica- tions, 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 this ordinance; the cost of said equipment, when delivered, to be paid for out of funds heretofore 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 and the City Manager shall be and is hereby authorized and directed to transfer and assign to the aforesaid bidder the titles to the three (3) used vehicles described in the City's specifications as trade-in equipment. BE IT FURTHER ORDAINED that the other two 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 directed to so notify said ,other bi.driers and t.o 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 ATTEST: / City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of September,.1967. No. 17714. AN ORDINANCE accepting the proposal of Regional Construction Services, Incorporated, for the construction of improvements to the existing sidewalk located on the west side of the Jefferson Street Bridge in the City of Roanoke; authorizing the proper City officials ~ execute the requisite contract, rejecting certain ~ther bids made to the City; and providing for an emergency. WHEREAS, at the meeting of Council held on August 28, 1967, and after due and proper advertisement had been made therefor, one bid for furnishing all tools, machines, labor and materials, for the construction of improvements to the existing concrete sidewalk on the west side of the Jefferson Street Bridge over the Norfolk and Western Railway. Company tracks, south of Walnut Avenue, was opened and read before the Council whereupon said bid was referred to a committee appointed by the Council to tabulate and study the same and to make report and recommendation thereon to the Council; and Il i07 WHEREAS, said committee has reported to the Council in writing its recommendation on said bid, from which it appears to the Council that the proposal of Regional Construction Services, Incorporated, represents the lowest, best and only bid made to the City for the performance of said work, and should be accepted; 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, Incorporated, for the construction of improvements to the existing concrete sidewalk on the west side of the Jefferson Street Bridge over the Norfolk and Western Railway Company tracks, south of Walnut Avenue, as described in the City's plans and specifications, for a lump sum of $10,934.00, 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, Incorporated, 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 appropri ted by the Council for the purpose. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in full force and effect upon its passage. ATTEST: "~ '~ ~-~-~_ ~ /City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of September, 1967. No. 17715. AN ORDINANCE providing for the furnishing and installation of certain steel bookstacks at the Jackson Park Branch Library by accepting a certain bid made to the City therefor and awarding a contract thereon; rejecting certain other bids; and pro- viding for an emergency. 108 WHEREAS, at the meeting of the Council held on August 28, 1967, and after due and proper advertisement had been made therefor, three (3) bids for furnishing and installing certain steel bookstacks at the City's Jackson Park Branch Library were .received anti,were opened and read before 'the Council, whereupon all of said bids were referred to a committee appointed for the purpose of tabulating and studying the same and, making report thereon to the Council; and WHEREAS, said committee has made to the Council it-s report in writing whereon it is shown that the bid of Easter Supply Company, Inc., in the sum of $6,770.39 is the lowest and best bid received for the supply of said equipment and the performance of said work, said bid meeting the City's specifications and requirements of all said bidders; and said committee has recommended that the proposal of Easter SupPly Company, Inc., be accepted and that a contract be awarded thereon; and WHEREAS, funds sufficient to pay for the cost of said. public improvements have been appropriated by the Council for the purpose and, for the usual daily operation of the municipal government, an emergency is deemed to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the proposal of Easter Supply Company, Inc., to furnish and install certain steel bookstacks in the City's Jackson Park Branch Library building, in full accordance with the City's plans and specifications made therefor and for the sum of $6,770.39 be and said proposal is hereby ACCEPTED; and the City Manager and City Clerk are hereby authorized and directed, for and on behalf of the City, ,to enter into requisite contract with said contractor for the performance of said work in full accordance with the City's plans and specifications made therefor and with said bidder's proposal and the provisions of this-ordinance, said contract to be in such form as is approved by the City Attorney. BE IT FURTHER ORDAINED that the other two (2) bids made to the City for furnishing and installing said bookstacks 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 each said bid. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in full force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor i09 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of September, 1967. No. 17716. AN ORDINANCE providing for the leasing of a certain building situate on th southeast corner of 2nd Street and Kirk Avenue, S. W., for a term of four (4) years, commencing as of September 1, 1967, upon certain terms and provisions, to be used fo municipal purposes; and providin9 for an emergency. WHEREAS, the City needing certain additional office space and space for other of its municipal functions during the interim between the commencement of proposed alterations of the Municipal Building and the demolition of its old build- ings in the third block of Church Avenue, S. W., and the building at said location on Church .Avenue of its new Municipal Building Annex, and Grand Piano ~ Furniture Company, Inc.; having recently removed to new quarters on Campbell Avenue has offere to surrender to the City its lease of the building located at the southeast corner of 2nd Street, S. W., and Kirk Avenue, formerly occupied by said corporation and owned by M. Lacy Parker, Jr., Stafford W. Parker and the Colonial-American National Bank of Roanoke, Trustee under the will of Susie V. 'Parker, and, in so doing, to pay to sai, d owners the first year's rent falling due under a new four-year lease to be entered into between the City and said owners; and WHEREAS, said owners have indicated their willingness to release Grand Piano C~ Furniture Company, Inc., from its present lease and to lease said buildin9 to the City for the term and rental and upon the conditions and provisions herein- after mentioned or referred to, and have submitted to the City a form of written lease, drawn so as to commence on the 1st day of September, 1967, and to terminate on the 31st day of Augmt, 1971, and providing for a rental of $16,500.00 per year, payable $1,375.00 on the 1st day of September, 1967, (which Said rental payment has already been paid to said owners by Grand Piano & Furniture Company, Inc.) and a like amount on the 1st day of each and every month thereafter during the term of s lease; and WHEREAS, for the usual daily operation of tl~e municipal government an emergency is deemed to exist and that this ordinance should take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: FIRST: That the City Manager be and he is hereby authorized and directed to enter into written agreement on behalf of the City with Grand Piano ~ Furniture Company, Inc., drawn and approved by the City Attorney and sealed and attested by the City Clerk, pursuant to which the City agrees to take over and assume the lease from the owners by a new lease to be entered into as provided in SECOND, hereinafter of that certain building located on the southeast corner of 2nd Street, S. W., and Kirk Avenue, in the City of Roanoke, for the unexpired term which commenced as of September 1, 1967, and which will terminate August 31, 1971, at a re~ tal of $16,500.0~ per annum payable in monthly installments of $1,375.00 per month throughout said 4-year term, commencin9 September 1, 1967, (the September 1, 1967 payment of $1,375.00 rent having already been paid by Grand Piano & Furniture Company, Inc.) upon consideration that Grand Piano & Furniture Company, Inc., agree to pay to M. Lacy Parker, Jr., Stafford W. Parker and the Colonial-American National Bank, Trustee u/w of Susie V. Parker, owners of the aforesaid property, for and on behalf of the City all rent falling due under the terms of the City's said lease for the 1-year period beginning September 1, 1967, and ending August 31, 1968, (the first year of the aforesaid 4-year lease by the City) the annual rental accruing under the City's said lease to be $16,500.00 and $1,375.00 thereof having heretofore been paid by Grand Piano & Furniture Company, Inc., as the monthly payment due on September 1, 1967, leaving $15,125.00. to be paid without fail by Grand Piano & Furniture Company, Inc., to the aforesaid owners in eleven (11) consecutive monthly payments of $1,375.00 each, commencing on or before October 1, 1967; and SECOND: That, upon having entered into the aforesaid written agreement with Grand Piano & Furniture Company, Inc., the City Manager be, and he is hereby further authorized and directed to enter into written lease agreement on behalf of the City with M. Lacy Parker, Jr., Stafford W. Parker and the Colonial-American National Bank of Roanoke, Trustee under the will of Susie V. Parker, upon form to be approved by the City Attorney and to be sealed and attested by the City Clerk pursuant to which the City will take and lease from the aforesaid owners for its use and occupancy for general office and municipal or other public use for a term of four (4) years commencing as of September 1, 1967, and terminating August 31, 1971, all that certain parcel of land and building located thereon situate on the southeast corner of 2nd Street, S.W., and Kirk Avenue, in the City of Roanoke, said lease to provide for payment of a rental of $16,500.00 per year, payable in monthly installments of $1,375.00, each, throughout the term of said lease, the first such monthly payment to fall due as of the 1st day of September, 1967, (which said paymen has already been made by Grand Piano ~ Furniture Company, Inc.), and a like payment to become due and be made on the 1st day of each and every month thereafter during the term of said lease, said leaseto be, generally, upon th~ ,form submitted to the City by the aforesaid owners, a copy of which is on file in the office of the City Clerk, and which provides, in addition and amongst other things, for the following: (a) That said lease may not be assigned nor the premises be sublet by the lessee without written consent of the lessors; (b) That the lessee will keep and leave the premises in as good condition and repair as they now are, reason- able wear and tear excepted, and will maintain the interior of the building and all its fixtures, equip- ment, elevators and machinery; and that the lessor will maintain the foundations, exterior walls, roof and fire escapes on said building, and will keep painted the exterior portions of the building normally required to be painted for purposes of preservation, such painting not to be done more than once during the term of the lease; (c) That the lessor will pay all real estate taxes assessed on said property during the term of the lease provided, how- ever, that the lessee will reimburse or indemnify said owners against any increase in annual real estate taxes which are directly attributable to the value of any permanent improvements which may be added or made to the building by the lessee; however, any increase in annual real estate taxes which is the result of any general' increase in the real estate tax rate shall be borne by the lessors; (d) That the lessors will, at their expense, keep the building and all permanent improvements including air conditioning equipment, heating plant, elevators and plate glass insured against damage or loss by fire, wind, hailstorm and other hazards and risks normally insured by policy or policies of insurance affording extended coverage, but that the lessee will pay any increase in insurance costs to the lessor which directly result from the lessee's occupancy or use of the premises or from permanent improvements made to the premises by the lessee, as compared with the use or condition of said premises existing at the commencement of said lease; and the lessee will, at its expense and at its option, cause to be insured its own property, equipment, furnishings and supplies kept on the leased premises and which do not consitute permanent improvements to said property; (e) That the lessors may, at their option, use the south wall of the building on the property for the purpose of erecting a building on the adjoining lot owned by them; (f) That the lessors shall not be liable for any injury, loss or damage to any person or property in the leased premises; and (g) That any holding over by the lessee after the expiration of said lease or any extensions thereof shal'l constitute a tenancy from month to month. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in force and effect upon its passage. AP k R 0 ¥ E D ATTEST: ,,, -///, Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of September, 1967. No. 17717. AN ORDINANCE to amend and reordain Section ~7, "Assessment of Real Estate, 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 ~7, "Assessment of Real Estate," of the 1967-68 Appropriation Ordinance, be, and the same is hereby, amended and re~)rdained to read as follows, in part: ASSESSMENT OF REAL ESTATE:~7 Advertising (1) ............................................. $ 700.00 (1) Net increase--- $500.00 112 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of September, 1967. No. 17718. A RESOLUTION relating to the proposed construction of a public sanitary sewer main to serve certain properties located on portions of Brookside Lane snd Woodland Road, S. E., the cost of which if ordered and constructed is proposed to be apportioned between the City and assessed against those landowners who would abut on or be served by said improvement; and setting a public hearing to be held on the question on October 2, 1967. WHEREAS, certain owners of properties on Brookside Lane and Woodland Road have proposed to the Council that a public sanitary sewer main be ordered to be constructed by the City so as to serve certain of the properties located on said streets. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council, on its own motion, doth hereby propose the construction of a new public sanitary sewer main to serve the properties located on both sides of Brookside Lane S. E., between a point 55 feet northerly from Rutrough Road and Woodland Road, and on both sides of Woodland Road, S. E., between Brookside Lane and the easterly end of Woodland Road, the cost of which when constructed and ascertained be apportioned between the City and the landowners abutting said sewer line and assessed on said landowners as provided by law; that a public hearing on the question of the Council ordering such improvement be set before the Council at its regular meeting to be held on October 2, 1967; 8nd that the City Clerk do cause publication to be made of notice of such public hearing as provided by law. APPROVED ATTE ST: C~y Clerk ~ayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of September, 1967. No. 17719. AN ORDINANCE providing for the purchase of one (1) 100 foot new Aerial Ladder Truck for use by the City's Fire Department, upon certain terms and conditions; accepting a certain bid made to the City for furnishing and delivering said vehicle and related equipment; rejecting a certain other bid made to the City; and providing for an emergency. WHEREAS, at a meeting of the Council held on August 28, 1967, and after due and proper public advertisement having been made therefor, two bids for the supply to the City of one (I) new I00 foot Aerial Ladder Truck for the City of Roanoke Fire Department, were opened and read before the Council, whereupon both sai, bids were referred to a committee appointed by the Council to tabulate and study sai, bids and to make report and recommendation thereon to the Council; and WHEREAS, said committee has reported t.o 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 Seagrave Fire Apparatus, Inc., to furnish and deliver to the City one (1) new model 549-KT-100-4 Seagrave Tractor-Trailer Aerial Ladder Truck with Timken R-T240 double reduction tractor rear axle, delivered to the City f.o.b. Roanoke, Virginia, in full accordance with the City's specifications therefore and of said bidder's proposal, for a purchase price of $51,702.00, cash, plus $300.00 for additional itemized minor changes of specified equipment as set out in said committee's report less 1% if payment is made within 15 days after arrival at destination, be, a ~ said bid is hereby ACCEPTED; and the City's Purchasing Agent be, and he is hereby authorized and directed to issue the requisite purchase order therefor, incorporatin therein the aforesaid specifications, 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 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 ~ 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, A P PR 0 V E D ATTE ST: / C/i/t y Clerk Mayor IN THE 'COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of September, 1967. No. 17720. A RESOLUTION relating to a proposed amendment to the contract of October 16, 1953, between the City of Roanoke and the Town of Salem, dealing with the treatment of domestic wastes originating in a certain 124.37 acre area of Roanoke County. WHEREAS, the Council of the Town of Salem, the Board of Supervisors of Roanoke County concurring, by resolution adopted on June 27, 1966, requested that the Council of the City of Roanoke agree, by adoption of an appropriate resolution, that the contract of October 16, 1953, between said City and Town be amended so as to authorize said Town, pursuant to the provisions of Section I (b) and I (c) of said contract, to accept from the County of Roanoke and transmit and deliver to the City for treatment acceptable wastes originating in the i24.37 acre area of Roanoke County described by metes and bounds in said resolution of June 27, 1966; and WHEREAS, there have been pending for some while negotiations, still unresolved, between this Council and the Board of Supervisors of Roanoke County ^ looking to an agreeable amendment of various of the major terms and provisions of a certain contract of September 28, 1954, between the City of Roanoke and Roanoke County, one of which concerns the charge which said County should pay to the City for the cost of the City's services and facilities employed in its transmission and treatment of County wastes delivered by said County directly to the City for treatment, and the City has recently, by other resolution of the Council, offered to accept for transmission to its treatment plant and treat wastes from certain additional areas of the County at the same rates or charges hereinafter set out; and WHEREAS, this Council is willing that the 124.37 acre County area be added to those other areas from which domestic and commercial wastes are now delivered by th Town of Salem and treated by the City, but with agreement of the Council of the Town of Salem to pay to the City the rate or charge hereinafter provided for the City's 11.5 transmission and treatment of the wastes originating in said 124.37 acre new area. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council is willing to further amend the contract of October 16, 1953, between the City of Roanoke and the Town of Salem dealing with the City's transmission and treatment of domestic and commercial wastes originating within certain defined areas, in the following respects, viz.: 1. By adding to and including in the areas of the Town of Salem and the County of Roanoke from which acceptable wastes may be delivered to and treated by the City that certain 124.37 acre area of territory described in the resolution of the Council of the Town of Salem, adopted on June 27, 1966, aforesaid, as follows: BEGINNING at a point 250 feet, more or less west of the west right of way line of Virginia State Route 619 (Horner Lane) and said point also being 250 feet, more or less, north of the north right of way line of U. S. Routes ll - 460; thence leaving the point of BEGINNING and with a line parallel to and 250 feet, more or less, west of the aforesaid west right of way line of Homer Lane in a northerly and westerly direction 1,950 feet, more or less, to a point On the east right of way line of U. S. Interstate Route 81 at its intersection with State Route 112; thence with the east right of way line of Route 81 in a southerly and westerly direction 2,740 feet, more or less, to the point of intersection of the aforesaid east right of way line of Route 81 and the extended west boundary of the Dr. Russell S. Powell 9.85 acre tract, designated as lot "F" and recorded in Deed Book.430, page 80, and shown on the recorded plat of the Lee Aitchell Subdivision in Plat Book 3, page 203, of the records of the Clerk's Office for the Circuit Court of Roanoke County; thence leaving the east right of way line of Route 81 and crossing Route 81 to the west right of way line, and continuing with the Powell west property line, in all a total distance of 1,350 feet, more or less, to the southwest corner of Lot "X" as recorded ih the aforesaid Lee Mitchell Subdivision; thence with the west and north boundaries of the aforesaid Lee Mitchell Sub- division 2,250 feet, more or less, to a point in the center of State Route No. 619 (Horner Lane); thence with a line leaving the aforesaid subdivision boundary and the center line of Route 619 in an easterly direction 775 feet, more or less, to the northwest corner of the William A. Buck, Jr. tract as recorded in Deed Book 378, page 193, of the records of the aforesaid Clerk's office; thence with the north boundary of the Buck Tract N. 79° 35' E., 480 feet to a point and said point being on the west boundary of the 89.75 acre tract owned by A. O. Krisch, Joel Krisch, and Rosalie K. Shaftman, as recorded in Deed Book 802, page 446, the Krisch tract having originally contained 102.3 acres from which a total of 5.68 acres was transferred to Joel E. Fitzgerald and 6.67 acres was transferred to the Virginia Department of Highways as a part of the right of way of Interstate Route 81; thence with a line leaving the aforesaid Buck Tract boundary N. 71° 35' E., 1,150 feet, more or less, through the aforesaid Krisch Tract to a point on the east boundary of the Krisch Tract; thence with the east boundary of the Krisch Tract S. 6o 54' E., 900 feet, more or less, to a point on the west right of way line of the service road located on the north side of Route 81; thence leaving the Krisch boundary and the north right of way line of the service road and with a line south 67° 00' E., 540 feet, more or less, to a point on the east right of way line of Route 81 and said point being N. 9° 53' W., 250.0 feet, more or less, from the northeast corner of Deep Dell Subdivision as recorded in Plat Book 3, page 74, of the aforesaid Clerk's office; thence with a line leaving the aforesaid east right of way line of Route 81, S. 9° 53' E., 250.0 feet to the northeast corner of Deep Dell Subdivision and thence with the actual east boundary of the aforesaid Deep Dell Subdivision S. 9° 53' E., 843.24 feet to a point and said point being the southeast corner of said subdivision; thence with a line leaving the said southeast corner of the 116 subdivision and with the south boundary of the said subdivision S. 78° 46' W., 1,331.46 feet to the south- west corner of said subdivision; thence with a line continuing S. 78© 46' W., 180.0 feet, more or less, crossing State Route 112 to a point on the west right of way line of the said Route 112; thence with the said west. righL of way line of Route 112 in a southerly and easterly direction 1,350 feet, more or less, to a point on the said 9ight of way line and said point being 250 feet, more or less, north of the north right of way line of U. S. Routes 11 - 460; thence leaving the said west right of way line of Route 112 and with a line parallel to and 250 feet north of the north righ~ of way line of the said Route 11 - 460 in a westerly and southerly direction 470 feet, more or less, to the point of BEGINNING and being a boundary description of the 124.37 acre area exclusive of the right of way area of Route 81 and Route 112 at the intersection of Route 81 and Route 112 and located approximately 2,500 feet north and west of the Town of Salem as shown on the plat attached to the aforesaid resolution; provided it be further agreed by the Council of the Town of Salem and this Council as follows, with respect to the aforesaid new area: (a) That domestic and commercial wastes originating within the above-described area only, and at no time having an average b.o.d, that exceeds 300 p.p.m, and an average suspended solids content that exceeds 300 p.p.m, at the point of delivery to the Town's interceptor sewer, may also be delivered to and treated by the City in accord- ance with said contract; provided, however, that such sewage, originating within the above-described area, ~shall, at the entire cost of the Town of Salem, be metered or measured at a place and in a manner approved by the Director of Public Works of the City of Roanoke; (b) That the charge to be paid by said Town,to the , City for transmitting and treating acceptable wastes delivered to the City from the aforesaid 124.37 acre area shall be at the rate of Seventy- seven Dollars and Fifty-e}ght Cents ($77.58) per million gallons delivered; said rate to be adjusted annually, effective July 1 of each year, upon determination of and based upon the cost to the City of its sewage treatment plant for the immedi- ately preceding fiscal year, including in such cost the factors of general expense, depreciation, interest on debt, retirement of debt and non-debt incurred capital improvements, or, the rate shall be adjusted in conformance with any overall revision of all treatment and transportation charges or rates subsequently determined jointly by the City and the Town for the City's tr'ansportation and treatment of sewage wastes delivered by said Town, whichever adjustment may first occur; and (c) That in all other respects said contract shall remain in full force and effect. BE IT FURTHER RESOLVED that the City Clerk forthwith transmit to the Town Clerk of the Town of Salem an attested copy of this resolution; and that upon the adoption by the Council of the Town of Salem of an appropriate resolution consenting and ~agreeing to ali of the matters herein resolved, and upon receipt by this Council of an attested copy of such resolution, if the same be adopted by said Town Council, said contract of October 16, 1953, shall be in all respects amended as herein, provided. APPROVED ATTEST: / /City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of September, 1967. No. 17726. 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 Breckinridge Junior High Improvements (1) ........................... $ 483,533.74 (1) Net increase--- $137,857.74 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: 1 APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of September, 1967. No. 17727. AN (RDINANCE to amend and reordain Section ~'39000, "Schools - Adult Basic Education," of the 1967-68 Appropriation Ordina~ ce, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~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 (1) Personal Services ................................ $ 8,487.45 Supplies ......................................... Travel ........................................... In Service Training .............................. Fixed Charges .................................... Other Related Expenses ........................... (1) Reimbursed by US Government 8;04.68 170.00 400.00 373.45 200.00 $10,435.58 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of September, 1967. No. 17728. A RESOLUTION providing for the appointment of five freeholders, any three of whom may act, as viewers in connection with the application or petition of Robert R. Pabalis, et als, to vacate, discontinue, and close that portion of an alley or roadway lying between Brandon Avenue and Shirley Avenue, S. W., parallel to Greenwood Road and Arlington Road from the northeast corner of Lot 14 extending behind Lots 14 and 13, and along the northwesterly side of Lot 10, Block 21, of Raleigh Court Corporation Map, as provided by Section 15.1-364 of the 1950 Code of Virginia, as amended to date, which portion of an alley in Raleigh Court has never been opened to the public. WHEREAS, it appearing to the CounCil of the City of Roanoke, Virginia, upon said petition that said petitioners did duly and legally publish, as required by Section 15.1-364 of the 1950 Code of Virginia, as amended, a notice of applica- tion to this Council to vacate said portion of an alley in Raleigh Court, the publication of which was had by duly posting copies of said notice in the manner provided by law, all of which is verified by an affidavit appended to the petition addressed to the Council requesting that the same be vacated; and, WHEREAS, it further appearing to the Council that more than ten days have elapsed since the publication of the hereinabove described notice of application, and the Council having considered the petition of the applicants to vacate said portion of an alley in Raleigh Court as provided by Section 15.1-364 of the 1950 Code of Virginia, as amended; and, WHEREAS, the petitioners have requested that not less than three, nor more than five qualified persons, be appointed to view the above described portion of an alley in Raleigh Court sought to be vacated, discontinued and closed, and report, in writing, as required by Section 15.1-364 of the 1950 Code of Virginia, as amended. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, Virginia, that Messrs. J. Tate McBroom, Dewey B. Marshall, R. R. Quick, C. F. Kefauver, and A. B. Coleman, any three of whom may act, be, and they are hereby appointed as viewers to view the above described portion of an alley in Raleigh Court sought to be vacated, and to report, in writing, as required by Section 15.1-364 of the 1950 Code of Virginia, as amended, whether or not, in their opinion, any, and, if any, what inconvenience would result 'from formally vacating said portion of an alley or roadway lying between Brandon Avenue and Shirley Avenue, S.W.~, parallel to Greenwood Road and Arlington Road from the 'northeast ~corner of Lot 14 extending behind Lots 14 and 13, and along the northwesterly side of Lot 10, Block '21, of Raleigh Court Corporation Map. ATTEST: /fl APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of September, 1967. No. 17729. A RESOLUTION agreeing to an amendment of the City's contract ~ith Appalachian Po~er Company made under date of December 7, 1959, relating to the furnishing of street lighting and electric po~er to the City. WHEREAS, pursuant to authority of the Council heretofore given, the City entered into a 10-year contract commencing January 1, 1960, with Appalachian Po~er Company under date of December 7, 1959, providing for street lighting and the supply to the City of electric po~er upon certain terms and provisions, section II of said contract specifying the types of various street lights to be used by said company and section V setting out the rates at ~hich such lights ~ould be supplied, operated and maintained by said company; and WHEREAS, it is the desire of both parties to said contract that each afore said section thereof be amended so as to make provision for the supply to the City by said company of certain additional types of overhead mercury vapor lights at rates hereinafter specified. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that, with the agreement of Appalachian Power Company which may be evidenced by the signature and seal of said company duly affixed to an attested copy of this resolution and delivered to the City Clerk, who shall at the same time deliver to Appalachian Power Company an additional attested copy of this resolution, secticm II and section V of that certain written agreement or contract made and entered into by the City of l~oanoke and Appalachian Power Company under date of December 7, 1959, and providing, in general, for the supply to the City of its street lighting requirements and electric power supply for a 10-year term commencing January 1, 1960, be, and section II and V of said contract are amended to read and provide as follows: II The said lamps shall be of the kind now commonly listed, known and sold as serie incandescent lamps or multiple incandescent lamps of equivalent lumens, equipped for original rating of 10,000 lumens 6,000 lumens, 2,500 lumens, 1,000 lumens" or series mercury vapor lamps or multiple mercury vapor lamps of equivalent lumens equipped for original rating of 3500 lumens, 7000 lumens, 21,000 lumens or 50,000 lumens. Said lamps shall be so maintained, cleaned and operated that they will give the maximum amount of illumination obtainable under commercial conditions, and the City Manager shall have the right at all reasonable times to inspect the said lamps and street lighting equipment. 120 V The prices to be paid by the City for the service of the lamps to be furnished by the Company under this contract shall be as provided below in this paragraph. It is the purpose of the parties hereto that during the term of this contract substanti'al additions and changes shall be made to the street lighting facilities. As these additions and changes are made, certain of the lamps now installed on existing facilities will be taken out of service as' they are 'replaced with lamps requiring new facilities. The billing each month shall be on the basis of the lamps actuaily installed during the month. The total number of lamps supplied with service Under this contract at any time shall not be less than the total in service at the time the contract is executed. TYPE LAM.P., SIZE AND PRICE Incandescent Overhead Price Lumens Per Month 1,000 - all night $1.30 each 2,500 - " " 1.65 " 6,000 - " " 2.50 " 6,000 - midnight 1.95 " 10,000 - all night 3.35 " Incandescent Whiteway Underground Mercury Vapor Overhead Mercury Vapor Whiteway Underground 6,000 - all night 10,000 - " $4.30 each 5.05 " 3,500 - all night $2.05 each 7,000 - " 3.85 " 21,000 - " " 4.50 " 50,000 - " " 9.70 " 21,000 - all night $6.25 each If, during the term of this contract, the City as a result of annexation or other reasons calls upon the Company to install an especially large number of lamps in contrast with past experience and the Company considers the cost thereof substantially disproportionate to the price set in this contract for providing same, the Company may request the Council of the City of Roanoke for a reasonable increase for such facilities, which request said Council shall consider and its decision on the matter shall be final. The monthly payments (less deductions hereinafter provided for) are subject to quantity discounts, as follows: First $ 500.00 of monthly bill - Net Next' 500.00 of monthly bill - 2o/o discount Next 500.00 of monthly bill - 4 o/o discount Ail above 1,500.00 of monthly bill - 6 o/0 discount Bills shall be rendered by the Company on or before the tenth day of each month for the preceding month's service. The payments shall be made during the month succeeding that in which service is rendered and, on such payments only if so made, a further discount of two per cent (2 o/o) will be allowed. BE IT FURTHER RESOLVED that all other sections, parts and provisions con- tained in the aforesaid contract of December 7, 1959, shall be and remain unchanged; and that, upon written approval of Appalachian Power Company to the amendment of sections II and V of said contract as hereinabove provided to be expressed or given, the amendatory provisions of this resolution shall take effect as of October 1, 1967 ATTE ST: .-:..-- / City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of September, 1967. No. 17730. A RESOLUTION authorizing the installation of street lights at various locations in the City of Roanoke. BE IT RESOLVED by the Council of the City of Roanoke that the Appalachian Power Company be, and it is hereby, authorized to install the following street light GROUP IV One 3500 lumen overhead mercury vapor street light on the south side of Dunkirk Avenue, N. E. (AP Pole No. 255-1526) One 7000 lumen overhead mercury vapor street light on the south side of Winsloe Drive, N. E., at Frontier Road. (AP Pole No. 206-3577) One 3500 lumen overhead mercury vapor street light on the south side of the 500 block of Wentworth Avenue, N. E., at the cul-de-sac. One 3500 lumen overhead mercury vapor street light on the east side of Ellsworth Street, N. E. (AP Pole No. 230-1578) One 7000 lumen overhead mercury vapor street light at the inter- section of Yeager Avenue and Twentieth Street. N. E. (AP Pole No. 231-14) One 7000 lumen overhead mercury vapor street light at the inter- section of Yeager Avenue and Nineteenth Street., N. E. (AP Pole No. 255-104) One 3500 lumen overhead mercury vapor street light in front of 1706 Varnell Avenue, N. E. ( AP Pole No. 255-88) One 3500 lumen overhead mercury vapor street light at the inter- section of Fifteenth Street and Varnell Avenue, N. E. (AP Pole No. 255-79.) One 3500 lumen overhead mercury vapor street light at the inter- section of Ellerbee Street and Varnell Avenue, N E. (AP Pole No. 254-5075) One 3500 lumen overhead mercury vapor street light in front of 2212 Kessler Road, N. E. (AP Pole No. 231-151) One 3500 lumen overhead mercury vapor street light at the inter- section of Templeton Avenue and Kessler Road, N. E. (C G P Pole No. 231-31) One 3500 lumen overhead mercury vapor street light at the inter- section of Seventeenth Street and Templeton Avenue, N. E. (AP Pole No. 254-5109) !22 One 3500 lumen overhead mercury vapor street light at the'inter- section of North Avenue, and Seventeenth Street, N. E. (C & P Pole No. 1843N, AP Pole No. 230-7571) One 3500 lumen overhead mercury vapor street light east of 1807 North Avenue, N. E. (AP Pole No. 230-7568) One 3500 lumen overhead mercury vapor street light in front of 1421Archbold Avenue, N. E. (AP Pole No. 254-5607) One 3500 lumen overhead mercury vapor street light in front of 1510 Arcnbold Avenue, N. E. (C & P Pole No. 1806F, AP Pole No. 255-53) One 3500 lumen overhead mercury vapor street light in front of 1711Archbold Avenue, N. E. (C & P Pole No. 255-61) One 3500 lumen overhead mercury vapor street light at the inter- section of Sunset Avenue and Hilton Street, N. E. GROUP V One 7000 lumen overhead mercury vapor street light on the north side of Riverland Road, S. E. (AP Pole No. 278-7505) One 3500 lumen overhead mercury vapor street light on the north side of Vinyard Avenue, S. E. (AP Pole No. 255-4582) One 3500 lumen overhead mercury vapor street light on the west side of Troxell Road, S. E. (C ~ P Pole No. 3497L, AP Pole No. 302-3675) One 3500 lumen overhead mercury vapor street light on the south side of Church Avenue, S. E. (AP Pole No. 254-6610) One 21,000 lumen overhead mercury vapor street light on the south- east corner of.Tazewell Avenue and Ninth Street, S. E. (AP Pole No. 254-6589) One 7,000 lumen overhead mercury vapor street light at the inter- section of Hartsook Boulevard and Bonlyn Circle, S. E. (C ~ P Pole No. 3286D, AP Pole No. 302a7005) One 3500 lumen overhead mercury vapor street light on the east side of Hartsook Boulevard, S. E. (C ~ P Pole No. 302-6033) One 3500 lumen overhead mercury vapor street light on the west side of Gum Springs Street, S. E. (AP Pole No..302-60,51) One 3500 lumen overhead mercury vapor street light at the inter- section of Hartsook Boulevard and Medallion Circle, S. E. (AP Pole No. 302-6044) GROUP V I One 3500 lumen overhead mercury vapor street light on the east side of Co~rtland Avenue, N. W. (AP Pole No. 230-25~16) One 3500 lumen overhead mercury vapor street light on the north side of Rutherford Avenue, N. W. (AP Pole No. 254-2153) One 21,000 lumen overhead mercury vapor street light on the southeast corner of Hershberger Road and Gilbert Avenue, N. W. (AP Pole No. 229-619) One 3500 lumen overhead mercury vapor street light on the north side of Rdlling Hill Avenue, N. W. (C & P Pole No. 2513N, AP Pole No. 253-171) One 3500 lumen overhead mercury vapor street light at the intersection of Rolling Hill Avenue and Rosemead Street, N. W. (AP Pole No. 252-1552) One 3500 lumen overhead mercury vapor ~reet light at the intersection of Rolling Hill Avenue amd Old Stevens Road, N. W. (AP Pole No. 252-1556) One 3500 lumen overhead mercury vapor street light at the intersection of Westdde Boulevard and Troutland Avenue, N. W. One 3500 lumen overhead mercury vapor street light at the intersection of Green Spring Avenue and Westside Boulevard, N. W. One 3500 lumen overhead mercury vapor street li0ht at the intersection of Troutland AvenUe and Wilmont Avenue, N. W. (AP Pole No. 252-1547) One 3500 lumen overhead mercury vapor street light at the intersection of Rosemead Street and Wilmont Avenue, N. W. (AP Pole No. 252-1532) One 7000 lumen overhead mercury vapor street light at the intersection of Thirty-sixth Street and ~ilmont Avenue, N. W. (AP Pole No. 253-40) One 3500 lumen overhead mercury vapor street light at the intersection of Troutland Avenue and Churchland Drive, N. ~. (AP Pole No. 252-1528) One 3500 lumen overhead mercury vapor street~light at the intersection of Green Spring Avenue and Old Stevens Road, N. ~. One 3500 lumen overhead mercury vapor street light on the south side of Fralin Road, N. W. (AP Pole No.2060723) 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 ~nd Airport. (New pole) One 3500 lumen overhead mercury vapor street light at intersection of two roads to Airport at northwest corner of ~sociated Transport property. (New pole) One 3500 lumen overhead mercury vapor street light at the intersection of 01d Stevens Road and Long Meadow Avmue, N. W. (AP pole No. 252-1624) One 3500 lumen overhead mercury vapor street light at the inter- section of Lon9 Meadow Avenue Nd Maury Street. N. W. O;:e 3500 lumen overhead mercury vapor street light a't the inter- section of Long Meadow Avenue and Churchland Avenue, N. (C ~ P Pole No. 2537M) One 7000 lumen overhead mercury vapor street light at the inter- section of Salem Turnpike and Old Stevens Road, N. W. (AP Pole No. 252-23) One 3500 lumen overhead mercury vapor street light at the inter- section of Leslie Lane and 01d Stevens Road, N. W. One 3500 lumen overhead mercury vapor street light on the north side of Rolling Hill Avenue, N. W, (C & P Pole No. 2513L, AP Pole No. 253-169) One 3500 iumen overhead mercury vapor street light on the north side of Rolling Hill Avenue, N. W. (C & P Pole No. 2530G, AP Pole No. 252-1555) One 3500 lumen overhead mercury vapor street light on the north side of Rolling Hill Avenue, N. W. (AP Pole No. 252-1561) One 3500 lumen overhead mercury vapor street light on the south side of Troutland avenue, N. W. (C & P Pole No. 3323F, AP Pole No. 252-1579) One 3500 lumen overhead mercury vapor street light on the north side of Wilmont Avenue, N. W. (C & P Pole No. 2513E, AP Pole No. 253-117) One 3500 lumen overhead mercury vapor street light on the north side of Wilmont Avenue, N. W. (C & P Pole No. 2530C, AP Pole No. 252-1535) One 3500 lumen overhead mercury vapor street light on the south side of Green Spring Avenue, N. ~., between 3852 and 3846 Green Spring avenue. One 3500 lumen overhead mercury vapor street light on the north side of Long Meadow Avenue, N. ~. (aP Pole No. 252-4009) One 3500 lumen overhead mercury vapor street light on the north side of Red Fox Drive, N. W. (C & P Pole No. 3425R, AP Pole No. 252-4005) One 7000 lumen overhead mercury vapor street light on the south side of Shenandoah Avenue, N. W. (AP Pole No. 252-1I) One 3500 lumen overhead mercury vapor street light on'the south side of Leslie Lane, N. W. (AP Pole No. 252-4030) One 3500 lumen overhead mercury vapor street light on the north side of Old Stevens Road, N. W. (AP Pole No. 252-4024, 34805) One 7000 lumen overhead mercury vapor street light on the west side of Westside Boulevard, N. W. (AP Pole No. 252-4061) One 7000 lumen overhead mercury vapor street light at the intersection of Westside Boulevard and Shenandoah'Avenue, N. W. (C & P Pole No. 2435E) GROUP VII One 21,000 lumen overhead mercury vapor street light 100 feet north of the north end of the pedestrian bridge across Roanoke River at Victory Stadium. One 3500 lumen overhead mercury vapor street light on the north side of Welch Road, S. W. (C & P Pole No. 161OD, AP Pole No. 277-6655) One 3500 lumen overhead mercury vapor street light at the dead end of Lockridge Road, S. W. One 3500 lumen overhead mercury vapor street light on the northeast corner of Ashby Street amd Sweetbrier Avenue, S. W. (AP Pole No. 301-528) One 3500 lumen overhead mercury vapor street light on the south side of Avenel Avenue, S. W., between 2506 and 2502 Avenel Avenue. One 3500 lumen overhead mercury vapor street light on Brightwood Place, S. W., east of White Oak Road. One 3500 lumen overhead mercury vapor street light at the intersection of Darwin Road and Heatherton Road, S. W. One 3500 lumen overhead mercury vapor street light at the intersection of Alton Road and Darwin Road, S. W. (C & P Pole No. 2547N, ~P Pole No. 301-7568) One 3500 lumen overhead mercury vapor street light at the dead end of Alton Road, S. W. (C-& P Pole No. 2547L, AP Pole No. 301-6533) One 3500 lumen overhead mercury vapor street light at the intersection of Bosworth Drive and Darwin Road, S. ~. (AP Pole No. 301-7564) One 3500 lumen overhead mercury vapor street light on the east side of Bosworth Drive, south of Darwin Road, S. (AP Pole No. 301-7561) One 3500 lumen overhead mercury' vapor street light in the 3800 block of Bosworth Drive, S. W. (C & P Pole No. 2547L, A.P POle No. 301-7559) One 3500 lumen overhegd mercury vapor-stxeet light on the east side of t~ 2700 block of Derwent Drive, S. W. (AP Pole No. 277-569) One 3500 lumen overhead mercury vapor, street light on the east side of 4 1/2 Street, S. W., between Highland Avenue and Mountain Avenue. (AP Pole No. 278-711) One 3500 lumen overhead mercury ~aper street light ~n the 3900 block of Bosworth Drive, S. W. (AP Pole No. 301~7555) One 3500 lumen overhead mercury vapor street light at the dead end of Bosworth' Drive, S.' W.. (C. & P Pole No. 2478X, AP Pole No. 301-7550) One 3500 lumen o~erhead mercury .vapor street light at the intersection of Three Chop Lane and Darwin Road, S. W. One 3500 lumen overhead mercury vapor street light at the dead end of Penarth Avenue, S. W. (AP Pole No. 301-7022) i, 5 One 3500 lumen overhead mercury vapor street light on the north side of Penarth Avenue, S. W. (AP Pole No. 301-2577) said lights to be maintained under the contract ex~ting between the Appalachian Power Company and the City of Roan oke. APPROVED ATTE ST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of September, 1967. No. 17731. A RESOLUTION authorizing the installation and removal of street lights at various locations in the City of Roanoke. BE IT RESOLVED by the Council of the City of Roanoke that the Appalachian Power Company be, and it is hereby, 0uthorized to remove five 2500 lumen overhead incandescent street lights and install five 3500 lumen overhead mercury vapor street lights at the following locations: 3267 White Oak Road, S. W., between Avenham Avenue and Brightwood Avenue. First intersection of White Oak Road and Brightwood Avenue, S. W. 3207 White Oak Road, S. W., betweeu Brightwood Avenue and BYightwood Avenue. Second intersection of White Oak Road and Brightwood Avenue, S. W. 619 White Oak Road, S. W., between Btightwood Avenue and Avenham Avenue. BE IT FURTHER RESOLVED that the Appalachian Power Company be, and it is hereby, a~uthorized to remove three 6,000 lumen overhead incandescent street lights and install twelve21,O00 lumen overhead mercury vapor street lights on Colonial Avenue, S. W., between Overland Road and the city limits. BE IT FURTHER RESOLVED that the Appalachian Power Company be, and it is hereby authorized to remove one 6,000 lumen overhead incandescent street light~., and install thirty-one 21,000 lumen overhead mercury vapor street lights on Virginia State Route 24. BE IT FURTHER RESOLVED that the Appalachian Power Company be, and it is hereby authorized to remove one 10,000 lumen overhead incandescent street light, two 6,000 lumen overhead incandescent street lights and twelve 2,500 lumen overhead incandescent street lights and install fifteen 3,500 lumen overhead mercury vapor street lights, five 7,000 lumen overhead mercury vapor street lights and nine 21,000 lumen overhead mercury vapor street lights on Wiley Drive, S. E., between Ivy Street and Jeffemon Street. 126 install three 21.,000 lumen overhead mercury vapor street lights and eight 7,000 lumen overhead mercury vapor street lights on Wiley Drive, S. W., between Jefferson Street and Franklin Road, said lights to be maintained under the contract existing between the Appalachian Power Company and the City of Roanoke. APPROVED ATTE ST: City Clerk M~yor IN TIE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of September, 1967. No. 17732. AN ORDINANCE to amend and reo~dain Section =30, "Health," of the 1967-68 Appropriation Ordinance, andproviding for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~30, "Health," of the 1967-68 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: HEALTH ~30 Personal Services (1) (2) .................................. $294,987.50 (1) Licensed Practical Nurse * $ .00 Clerk-Typist I Grade 8 ** .............. $3,024.00 (2) Reimbursed per month by state .... $150.00 · Net decrease $3,024.00 · * Net increase- $3~024.00 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 ATTE ST: , .... .... .... .... ., / City Clerk ~ayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of September, 1967. No. 17733. /IN ORDINANCE to amend and reordain Section. ~39, "City Home," of the 1967-6 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~39, "City Home," of the 1967-68 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CITY HOME ~39 Personal Services (1) (2) ......................... $126,341.00 (I) One Practical Nurse, Range 8, 3 months, Range 10, Step 5~, 9 months One Practical Nurse Range 10 Step 1, 6 months, Step 2 6 months .... $4,017.50 $2,532.00 (2) Net decrease-- --$693. O0 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 25th day of September, 1967. No. 17734. AN ORDINANCE amending Ordinance No. 17614 heretofore adopted on June 26, 1967, providing a System of Pay Rates and Ranges and a new Pay Plan, by changing the pay range of the position of Licensed Practical Nurse, Code No. 5024; and providing for an emergency. WHEREAS, the City Manager having recommended to the Council the change to the City's Pay Plan hereinafter authorized to be made, in order to provide a different pay range for the position of Licensed Practical Nurse, Code No. 5024, as heretofore provided in said Pay Plan, and the Council having concurred in said City Manager's recommendation; and WHEREAS, for the usual daily operation of the municipal government ~n emergency is declared to exist in order that this ordinance take effect as of the date hereinafter provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Ordinance No. 17614, heretofore adopted on the 26th day of June, 1967, 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 by changing, in the appropriate place, ,the pay range of the position of Licensed Practical Nurse, Code No. 5024, as heretofore provided in said Pay Plan, to mad and provide as follows: Work Range Steps in Monthly Amounts Code Classification Week No. 1 2 3 4 5 6 5024 Licensed Practical 4O 10 $276 $292 $306 $320 $336 $352 128 BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in force and effect as of the 1st day of October, 1967. APPROVED ATTE ST: / City Clerk M~yor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,. The 25th day of September, 1967. No. 17735. AN ORDINANCE to amend and reordain Section ~451, "Capital Outlay from Revenue," of the 1967-68 Sewage Treatment Fund Appropriation Ordinance, and providino for an emerOency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to e(ist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~451, "Capital Outlay from Revenue," of the 1967-68 Sewage Treatment Fund Appropriation Ordinance, be, and the same is herebN, amended and reordained to read as follows, in part: CAPITAL OUTLAY FROM REVENUE ~451 Chlorine Treatment of Effluent ............................ $ 1,250.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall b in effect from its passage. A p PR 0 V E D ATTE ST: ~ity Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of September, 1967. No. 17736. AN ORDINANCE to amend and reordain Section =451, "Capital Outlay from ,, Treatment Fund Appropriation Ordinance, and providin Revenue, of the 1967-68 Sewage for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. 129 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~451, "Capital Outlay from Revenue," of the 1967-68 Sewage Treatment Fund Appropriation Orflinance, be and the same is hereby, amended and reordained to read as follows, in part: CAPITAL OUTLAY FROM REVENUE ~451 Chlorine Treatment of Effluent (1) ........................ $ 1,450.00 (1) Net increase $200.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinan'ce shall be in effect from its passage. ATTE ST: /City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of September, 1967. No. 17737. AN ORDINANCE authorizing and directing the City's acquisition of 303.73 acres of land for the gross purchase price of $135,552.00 upon certain terms and conditions, f or park and outdoor recreational use as a part of the City's Mill Mountain Park; accepting certain written offers made to the City for the purchase of said land; and providing for an emergency. WHEREAS, for the overall development of the City's Mill Mountain Park and for provision of additional outdoor recreational areas, the City wants and needs to acquire the aggregate of 303.73 acres of land on the east and northeast sides of Mill Mountain and the owners of the several tracts of land comprising the 303.73 acres of land hereinafter described have offered and agreed in writing to sell and convey the same to the City for the several purchase prices hereinafter provided, aggregating the total sum of $135,552.00, and the City Manager has recommended that said offers be accepted and that said lands be acquired upon the terms herein pro- vided; and WHEREAS, for the usual daily operation of the municipal government an emergency is deemed to exist ~ 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 offers made to the City under date of August 22, 1967, by Mill Mountain Estates Corporation and by Blue Ridge Memorial Gardens, Inc., and C. F. Kefauver and J. E. SPringer for the sale and conveyance of certain tracts or )arcels of land on the north and northeast sides of Mill Mountain, aggregating M all pproximately 303.73 acres, upon the terms herein provided, and the written 130 modifications of said owners made later, under date of September 21, 1967, all of which said offers are on file in the office of the City Clerk, be and are accepted; and the City Clerk is directed to forthwith so notify said owners. 2. That the proper City officials ~ forthwith acquire for the City, in fee simple, for the City's use for park and outdoor recr,eational purposes and uses the following described lands from the aforesaid owners whose names are hereinafter indicated and for the cash purchase prices offered by said owners and here~ after set out with respect to each sa&d. parcel, to-wit: (a) From Mill Mountain Estates Corporation, or the true and lawful owners thereof, approximately 201.38 acres of land, more or less, on the east and northeast sides of Mill Mountain, in the City of Roanoke, consisting of one tract or boundary of land thought to contain 200 acres and designated and shown as the westerly part o Parcel 1, Tract A, on Plan No. 4801-B, and another parcel shown to contain 1.38 acre and designated as Parcel 2, Tract A, on the aforesaid Plan, both said tracts being outlined in red on the plat referred to in the letter offer of said owner dated August 22, 1967, all said land to be acquired for a cash sum of $400.00 per acre, the total purchase price to be paid by the City determtaed by actual survey of the aforesaid two (2) parcels but, based upon the aforesaid estimated acreage to amount to $80,552.00; and (b) From Blue Ridge Memorial Gardens, Incorporated, and C. F. Kefauver and J. E. Springer, or the true and lawful owner thereof, approximately 102.35 acres of land on the lower east side of Mill Mountain, the same consisting of one tract or parcel of land containing 101.85 acres and shown as Official No. 4180102 on Plan No. 5042, dated May 15, 1967, owned by Blue Ridge Memorial Gardens, Inc., and of one adjoining lot or parcel of land containing 0.50 acre lying on the south side of Riverland Road, S. E., on the east boundary of said 101.85 acre tract, the entire of said 102.35 acre boundary of land to be acquired for a total lump sum price of $55,000.00, cash, to be properly apportioned between the aforesaid owners or to be paid jointly to all of the aforesaid owners to be divided as said owners mutually agree and determine upon;. the conveyance to the City of the title to all of the aforesaid land to be made with general warranty and modern English covenants of title and to be free from ail encumbrances except for easements which may have been conveyed to public service companies for the location and operation of public utilities such as electric power, ~lephone and telegraph lines, gas, gasoline or oil pipelines, and sanitary sewer or storm drains, and to be upon such form of deed or deeds as are approved by the City Attorney and after the title to all said land has been examined and ~pproved by said City Attorney and' the area of the land set out in (a), above, has been certified by the City Enoineer; taxes to be apportioned between the parties as of date of deliver of deeds and revenue stamps to be affixed to said deeds by the City's grantors; and 3. That the City Auditor be, and he is hereby authorized and directed to issue and deliver to the City Attorney the City's checks in payment of the purchase prices hereinabove provided upon certification by the City Attorney of the title to the land herein directed to be acquired and of the persons or parties entitled to receive the aforesaid purchase money. BE IT FURTHER ORDAINED that, an emeroency existing, this ordinance shall be in full force and effect upon its passage. APPROVED ATTE ST: ty Clerk Mayor 131 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of September, 1967. No. 17738. 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 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 conn~ected 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 t.he 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 connectims to the City's public water distribution system mains hereinafter mentioned on which the properties abut outside the City's corporate limits, the following described properties or premises, namely: (a) Lot 1, Block 4, Sec. 2, according to the Map of Summerdean Gardens, known as 742 Chester Street, to be connected to a '2-inch water main located in Clearwater Avenue; and (b) The premises under construction located at No. 5502 Airport Road, (State Route 118), to be connected to a 6-inch main located in Airport 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 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 it Resolution No. 16855. ATTE ST: / City Clerk APPROVED Mayor 132 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2$th day of September, 1967. No. 17739. AN ORDINANCE accepting the proposal of S. R. Draper Paving Company, Incorporated, for certain improvements in connection with the widening and reconstruction of Winsloe Drive, 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, certain bids were received by the City for the improvements hereinafter authorized and, upon opening before the Council, at its regular meeting held on August 2B, 1967, were read and referred to a oommittee for tabulation, as a result of which the proposal hereinafte~ accepted was determined to represent the lowest and best bid made to the City for such work; and WHEREAS, there has heretofore been or is being appropriated for the purpose a sum sufficient for the payment of the contract price hereinafter mentioned and of the cost of advertising for said bids; and WHEREAS, for the usual daily operation of the muni~ipal 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 S. R. Draper Paving Company, Incorporated, for ce 'rain grading, construction of curb and gutter, paving and other pertinent work in connection with the widening and rmonstruction of Winsloe Drive, N. W., from Preston Avenue to Oaklawn Avenue in accordance with the City's plans and specifications therefor, for the sum of $12,108.00,, 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 or are be~inG 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 proposals of all other bidders to the City for the performanc of said work be, and they are hereby REJECTED. 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 J::33 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of September, 1967. No. 17740. AN ORDINANCE to amend and reordain Section ~64, "Maintenance of City Property," 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 Section ~64, "Maintenance of City Property," and Section ~89, "Capital," of the 1967-68 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: MAINTENANCE OF CITY PROPERTY =64 Maintenance of Building and Property (1) ................. $269,495.74 Bridge Repair--- Concrete //epairs to walks of Jefferson Street Railroad Bridge .... CAPITAL =89 Winsloe Drive Improvement (2) (1) Net decrease- (2) Net increase $62,120.74 .... $22,870.74 ........................... $ 12,379.26 .... $ 1,1'29 '26 1,379.26 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTE ST: t ' City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of September, 1967. No. 17741. AN ORDINANCE providing for certain beautification and improvements to the open City Market area and awarding a contract for said improvements based on the low bid made therefor; rejecting certain other bids; and providing for an emergency. WHEREAS, after due and proper legal advertisement had been made therefor, certain sealed bids made to the City for the construction of the public improvements hereinafter described were received, opened and read before the Council at an adjourned meeting of said Council held on September 29, 1967, whereupon said Council referred all such bids to a committee appointed by the Mayor, which committee was directed to retire and to tabulate and study said bids and to make its report back 134 II -- WHEREAS, said committee having performed its assignments, returned with its tabulation and report on said bids, reporting to the Council that the bid of Regional Construction Services, Incorporated, for the performance of said work is the lowest and best bid made to the City for the performance of said work and that said bid is in proper form and appears to meet all of the City's specifications, plans and requirements made for said public improvements, and should with certain agreed change of specifications and proportionate reduction of costs, be accepted, and that a contract be awarded said bidder subject to the approval of the Department of Housing and Urban Development (Urban Beautification and Improvement Program); and WHEREAS, funds sufficient to pay the cost of said improvements have heretofore been appropriated by the Council for the purpose, and for the usual daily operation of the municipal government and in order that certain commitments made by the City to other public agencies may be timely performed, 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 Regional Construction Services, Incorporated be emplbyed by contract with the City for the construction of certain improvements to the City's open City Market area, including construction of canopy, covered sidewalks, benches, small decorative fountain, mechanical and electrical work, asphalt overlay on portion of 1st Street, S. E., and other appurtenant upgrading work in said City Market area, all as set out in the City's plans, specifications and requirements for the performan.~e of said work, modified by the agreed changes of xpecifications and cost negotiated with said bidder by the aforesaid committee, for the lump sum of $57,000.00 cash, upon satisfactory performance of all said work; and, upon approval given bY the Department of Housing and Urban Development (Urban Beautification and Improvement Pro, ram), the City Manager and the City Clerk be, and they are hereby authorized and directed to enter into written contract, on behalf of the City, with the aforesaid successful bidder providing for the accomplishment of all of the improvements described in the City's plans and specifications, modified as aforesaid, and in said bidder's proposal, said contract to contain and be subject to the terms and condition of Part II, Form HUD-3179b (5-66) set out in the City's Contract for Grant No. Va. B-2, Project No. Va. B-2, and, otherwise, to be upon such form as is approved by the City Attorney; 2. That the other bid received by the City for the construction of the aforesaid improvements be, and said other bid is hereby REJECTED; and the City Clerk .shall so notify said other bidder and express to it the Cityts appreciation of said bid; and 3. That, upon satisfactory performance of the construction of the public improvments herein provided for and as are to be set out in the contract authorized to be entered into, the City Auditor shall be, and is hereby authorized to pay to th~ aforesaid contractor at the time and in the manner provided in the Cityts contract and specifications, the sum of $57,000.00, charging the same to appropriationsheretof ~re made by the Council for this specific purpose. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in force and effect upon its passage. APPROVED ATTE ST: · ', ~./ -%-: ~ ,~. ~".. ,_~.. C y Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of September, 1967. No. 17742. emergency. AN ORDINANCE repealing Ordinance No. 17741; and providing for an WHEREAS, for the usual daily operation of the Municipal G~,ernment, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Ordinance No. 17741, adopted on the 29th day of September, 1967, providing that Regional ConstrUction Services, Incorporated, be employed, by contract with the City for the construction of certain improvements to the City's open City Market area, including construction of canopy, covered sidewalks, benches, small decorative fountain, mechanical and electrical work asphalt overlay on portion of 1st Street, S. E., end other, appurtenant upgrading work in said City Market area, all as set out in the City's plans, specifications and requirements for the performance of sale work, modified by the agreed changes of specifications and cost negotiated with said bidder by a committee, for the lump sum of $57,000.00 cash, be, and said Ordinance is hereby, repealed. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in force and effect upon its passage. ATTE ST: City Clerk A P P R 0 V E D Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of September, ~967. , No. 17743. AN ORDINANCE providing for certain beautification and improvements to the open City Market area by accepting a bid made to the City therefor and awarding s contract for said improvements; rejecting certain other bids; and providing for an emergency. WHEREAS, after due and proper legal advertisement had been made therefor, certain sealed bids made to the City for the construction of the public improvement hereinafter described were received, opened and read before the Council at an adjourned meeting of said Council held on September 29, 1967, whereupon said Council referred all such bids to a committee appointed by the Mayor, which committee was directed to retire and to tabulate and study all said bids and to make its report back to the Council; and WHEREAS, said committee having performed its assignments, returned with its tabulation and report on all said bids, reporting to the Council that the bid of H ~. S Construction Company, for the performance of said work at a cost to the City of $54,467.00, is the lowest and best bid made to the City for the performance of said work and that said bid is in proper form and appears to meet all of the City*s specifications, plans and requirements made for said public improvements,' and shoul be accepted, and that a contract be awarded thereon; and WHEREAS, funds Sufficient to pay the cost 'o£ s~td improvements having heretofore been appropriated by the Council for the purpose, and for the usual daily operation of the municipal government and in order that certain commitments made by the City to other public agencies may be timely performed, 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 follow 1. That, subject to the approval of the Department of Housing. and Urban Development (Urban Beautification and improvement Program) the written bid of H & S Construction Company, for the construction of certain improvements to the City*s open City Market area, including construction of canopy, covered sidewalks, benches, small decorative fountain, mechanical and electrical work, asphalt overlay on portion of 1st Street, S. E., and other appurtenant upgrading work in said City Market area, all as set out in the City*s-plans, specifications and requirements for the performance of said work, for the lump sum of $54,467.00, and in accordance with said bidder*s proposal, be, and is ACCEPTED~ and the City Manager and the City Clerk be, and they are hereby authorized and directed, subject to receipt of the aforesaid approval, to enter into writtencentract, on behalf of the City, with the aforesaid successful bidder providing for the accomplishment of all of the improvements described in the City*s plans, specifications and advertisement for bids and in said bidder's proposal, said contract to contain and be subject to the terms and conditions of Part II, Form HUD-3179b (5-66) set out in the City's Contract for Grant No. Va. B-2, Project No. Va. B-2, and, otherwise, to be upon such form as is approved by the City Attorney. 2. That all other bids received by the City for the construction of the aforesaid improvements be, and said other bids are hereby REJECTED; and the City Clerk shall so notify each said other bidder and express to each the City's appreciation of said bid; and 3. That, upon satisfactory performance of the construction of the public improvements herein provided for and as are to be set out in the contract authorized to be entered into, the City Auditor shall be, and is hereby authorized to pay to the aforesaid contractor at the time and in the manner provided in the City's contract and specifications, the sum of $54,467.00, charging the same to appropriations heretofore made by the Council for this specific purpose. 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 29th day of September, 1967. No. 17744. AN ORDINANCE accepting the proposal of Regional Construction Services, Incorporated, for the furnishing of all labor and materials necessary for the construction of lobby expansion and covered walkways to the terminal building at the Roanoke Municipal Airport; authorizing the proper City officials to execute the requ~ite contract; rejecting certain ot~r bids made to the Cityj and providing for an emergency. WHEREAS, at the meeting of Council held on September 25, 1967, and after due and proper advertisement had been made therefOr, six (6) bids for furnishing all tools, machines, labor and materials for the construction of covered walkways and lobby expansion to the terminal building at the Roanoke Municipal Airport were opened and read before the Council, whereupon all said bids were referred to a committee appointed by the Council to tabulate and study the same and to make report and recommendation thereon to the Council, and WHEREAS, said committee has reported to the Council in writing its tabulation and recommendation on all said bids, from which it appears to the Council that the proposal of Regional Construction Services, Incorporated, represents the lowest and best bid made to the City for the performance of said work, and should be accepted; that said other bids should be rejected; and WHEREAS, funds sufficientto pay for the cost of the aforesaid improvements have been or are being appropriated for the purpose by the Council; and 138 WHEREAS, for theu usual daily operation of the municipal govern'merit aK emergency is declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows (1) That the written proposal of Regional Construction Service's, Incorpor made to the City for furnishing all tools, machines, labor and materials for the construction of covered walkways and lobby expansion to the terminal building at the Roanoke Municipal Airport, on a base bid of $I29,587.00, but deducting therefrom the sum of $1,000.00 under Alternate No. 2 of the 'City's Specifications for a new air compressor, and further, adding, under Alternate No. 3 of said specifications, the sum of $2,000.00 for storm water leaders and drain pipe, all as described in the City's plans and specifications, for a total lump sum of $129,9B7.00 cash, upon satisfactory completion of said work, be, and said proposal is hereby ACCEPTED; (2) That the City Manager and the Ci:ty 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 Constructiol Services, Incorporated, the same to incorporate the terms and provisions of this ordinance including the election of alternate proposals made in said bidderts proposal, and the Cityts plans and specifications made for said work; said contract to be upon such form as is approved by the City Attorney, and the cost of the work when completed, to be paid out of funds heretofore or contemporaneously being appropriated by the Council for the purpose; and (3) That the other bids made to the City for performing said work be REJECTED; the City Clerk to so notify said other bidders and to express to each the City's appreciation of said bids. 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 29th day of September, 1967. No. 17745. A RESOLUTION relating to the Honorable George B. Dillard, a Judge of the Municipal Court of the City of Roanoke. WHEREAS, the flonorable George B. Dillard, a Judge of the Municipal Court of the City gince his initial appointment by the Council effective October 1, 1962, has tendered to the Council his resignation, to take effect on the 30th day of ed, r 139 September, 1967, in order that he may accept appointment as the Judge of the County Court of Botetourt County, to take effect on the 1st day of October, 1967; and WHEREAS, the: aforesaid appointee has at ail times during his five-year tenure in office served with signal ability as a Judge of the said Municipal Court and has performed his judicial duties fearlessly but with a keen sense of fairness and with studious attention and regard to the principles of law and the rights of litigants, attorneys and witnesses appearing before said Court. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council doth hereby accept with regret, but with understanding, the resignation of th Honorable George B. Dill~d as a Judge of the Municipal Court of the City of Roano~, effective on the 30th day of September, !967, and, in so doing, doth hereby recognize the capable and meritorious services rendered by him as a Judge of said Court from October 1, 1962 to the present date. BE IT FURTHER RESOLVED that the City Clerk do attest and transmit, on behalf of the members of this Council, to the Honorable George B. Dillard, Judge, a copy of this resolution. APPROVED ATTE ST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of September, 1967. No. 17746. A RESOLUTION approving certain amendments of the rules and regulations eretofore promulgated by the City Manager for the training and use of certain ndividuals as civilian police in the City's Police Department. WHEREAS, by Resolution No. 17555 adopted by the Council on May 29, 1967, aid Council expressed its approval of certain rules and regulations promulgated by he City Manager pursuant to the provisions of Section 10, Chapter 1, Title XI of the :ode of the City of Roanoke, 1956, as amended, which said rules and regulations are et out in full in said resolution; and WHEREAS, the City Manager has promulgated and submitted to the Council at it eeting held on September 25, 1967, for consideration and approval an amendment of hose rules set out in paragraphs 5.5 and 5.6 of aforesaid Resolution No. 17555, which ~mended rules and regulations as hereinafter set out in full have been considered by the Council and found to be appropriate and satisfactory. 140 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council doth hereby approve the City Manager's promulgation of an amendment of the rules set out in paragraphs 5.5 and 5.6 of the rules and regulations for the trainin, and use of certain individuals as civilian police in the City's Police De~rtment as were heretofore'approved and set out in full in Resolution No. 17555, said amended paragraphs to read and provided' as follows: 5.5. A Civilian Policeman will be under the immediate supervision of a regular police officer. If a Civilian Police Officer is assigned a post or duty to himself, he shall call for a regular police officer if a police incident arises. 5.6. On duty, a Civilian Police OffiCer cannot make an arrest but may assist in an arrest under direct supervision of a regular police officer. He shall not issue citations, subpoenas or warrants of arrest. He shall not book a prisoner, make a thorough search of a prisoner, or remove any personal objects from a prisoner. He will not participate in an interro- gation of a prisoner or suspect, and only under specifically authorized circumstances can he be present during the conduct of an interrogation. He will not be used as a plain-clothes man or ss an undercover agent. He cannot enter a building while on duty unless accompanied by a regular officer or unless with the full knowledge and consent of the b~ilding owner of tenant. APPROVED ATTE ST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of September, 1967. No. 17747. AN ORDINANCE relating to the removal of certain sand, gravel or other select soil materials from certain City-owned property, upon certain terms and provisions; and providing for an emergency. WHEREA$~ contractors for the Commonwealth of Virginia, Department of Highways, will need certain fill or borrow material for the construction of ramps and approaches to the proposed 9th Street, S. E., industrial access bridge in the City and the State Department of Highways has proposed that the City g rant to the Commonwealth of Virginia an assignable option for the use of such material from the City's property on Route No. 116 near the intersection of Bennington Street S. E., the removal of which might serve as a means of improving said Route No. 116 i the City; and the City Manager has recommended that the Council grant the option hereinafter provided; and WHEREAS, for the immediate 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 and the City Clerk be, and they are hereby authorized and directed to execute on behalf of the City and deliver to the Commonwealth of Virginia, through its Department of Highways, an option drawn upon such form as.is approved by the City Attorney, granting said Commonwealth of Virginia or its assigns a right to remove, for the purpose of constructing necessary ramps and approaches to the proposed new 9th Street, S. E., industrial access brige, certain sand, gravel or other select soil materials located on certain property lying on the west side of Route No. 116 south of the intersection of Riverland Road,S. E., and Route No. 116, estimated to amount to 38,000 cubic yards of material,the same to be removed and the area to be graded and left in such condition as is required by the City's Director of Public Works and agreed up~ by the City and said Commonwealth prior to the time the same is removed, but not to damage or adversely affect the City's Muse Spring on said property; said option to be made upon consideration of $1.00,cash, and to extend for a period of twelve months from the effective date of this ordinance. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in effect upon its passage. APPROVED ATTE ST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of September, 1967. No. 17748. 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 their premises connected to the City's water system; and WH~EAS, the City Manager has investigated the applications and, in view 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 thc ~. ~.a h. is hereby authorized to approve, through the City's 142 system mains hereinafter mentioned on which the properties abut outside the City' corporate limits, of the following described properties or premises, namely: (a) (b) Premises located and fronting 260 feet on Franklin Road, S. W., U. S. 220, designated as No. 3531 Franklin Road, S. W., to be connected to a 6" water main in Franklin Road; The Rankin Memorial Baptist Church building located at No. 5505 Plantation Road, to be connected to an 8" water main in Plantation Road; and (c) The Melrose Pentecostal Holiness Church building located on Airport Road, N. W., to be connected to an existing 6" main or extension thereof in Airport 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 operations 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 ATTE ST: Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of September, 1967. No. 17749. A RESOLUTION relating to the City's acquisition of Parcel No. 058 for its current U. S. Route 460 (Orange Avenue, N. E.) Project, heretofore authorized to be acquired by Ordinance No. 17662. WHEREAS, the City, pursuant to certain provision contained in Ordinance No. 17662, has heretofore accepted an option granted said City to purchase and acquire Parcel No. 058, needed for its current U. S. Route 460 Project upon terms and conditions provided in said ordinance; and WHEREAS, the Council is now advised that, while the owners of said property are agreeable and willing to abide by the terms of thiir aforesaid option agreement, nevertheless it appears that said owners may not be able to convey to the City"a fcc'simple, unencumbered title to the property so needed to be acquired; and that, in order that the City acquire the land and easement referred to as Parcel 058 on the plans of the project and described in the option moreem'enLcondemnation proceedings will have to be conducted by the City against said land and its owners. 243 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that should the City, in the opinion of the City Attorney, be unable to acquire by voluntary conveyance from its owners and other interested persons or parties the fee simple, unencumbered title to that certain 860 square foot parcel of land shown and described as Parcel 058 on the Plans of the City's current U. S. Route 460 (Orange Avenue, N. E.) Project and being a portion of Lot 27, Section 41, East Gate Addition Map No. 2, Official No.3221227, and, also, that certain 1380 square foot easement area in said lot and parc~el needed for temporary construction purposes, the City Attorney is hereby authorized and directed to institute and conduct in a court of competent jurisdiction in the City condemnation proceedings to acquire for the City the fee simple, unencumbered title and the temporary construction easement set out and described as Parcel No. 058 on the plans of the City's current U. S. Route 460 (Orange Avenue, N. E.) Project, and being those portions of Lot 27, Section 41, East Gate Addition Map No. 2, Official No. 3221227, as are shown on said plans to be needed by the City for the right-of-way and proper construction of said project. BE IT FURTHER RESOLVED that, in instituting and conducting the condemnatior 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 property; 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 of $96.00 heretofore authorized to be paid by the City for the parcel of land sought to be acquired in such condemnation proceeding. APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of September, 1967. No. 17750. A RESOLUTION rejecting certain bids received for the construction of a storm drain on King Street and Vinton Mill Road, N. E., to Glade Creek; and directing the City Manager to redesign said project for submittal of bids at a later date. 144 WHEREAS, at the regular meeting of the Council held on September 5, 1967, and after due and proper advertisement had been made therefor, two (2) bids for the construction of a storm drain on King Street and Vinton Mill Road, N. E., to Glade Creek were opened and read before the Council, whereupon both 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 tabulation of said bids, from which and upon said committee's report it appears that both said bids exceed the City's estimated cost of the project, and, furthermore, that redesigning the project would result in fewer construction difficulties and, consequently, lower costs; and the said committee has, therefore, recommended that both said bids be rejected and that the City Manager be authorized to redesign the project for submittal of bids at a later date, in whicl~ recommendations the Council concurs. NOW, THEREFORE, BE IT RESOLVED that the two (2) bids heretofore received by the City on September 5, 1967 for constructing a storm drain on King Street and Vinton Mill Road, N. E., to Glade Creek be, and the same are hereby REJECTED; the City Clerk to so notify both of said bidders and express to each the City's appreciation of said bids. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to redesign said storm drain project and to advertise for new bids for the performance of said construction work at a later date. APPROVED ATTE ST: /City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of September, 1967. No. 17751. AN ORDINANCE providing for the furnishing, delivery and installation of certain items of furniture and equipment at the Jackson Park Branch Library by accepting a certain bid made to the City therefor and awarding a contract thereon; rejecting certain other bids; and providing for an emergency. WHEREAS, at the meeting of the Council held on September.il, 1967, and after due and proper advertisement had been made therefor, three (3) bids for the furnishing, delivery and installation of certain furniture and equipment at the City Jackson Park Branch Library were received and were opened and read before the Counci whereupon all of said bids were referred to a committee appointed for the purpose of tabulating and studying the same and making report thereon to the Council; and :[45 a division of Drexel Enterprises, is the lowest and best bid received for the supply and installation of said equipment, said bid meeting the City's specifications and requirements of all said bidders; and said committee has recommended that the pro- posal of Southern Desk Company, as modified by mutual agr.eement between the City and said Company, be accepted and that a contract be awarded thereon; and WHEREAS, funds sufficient to pay for the cost of said public improvements have been appropriated by the Council for the purpose and, for the usual daily operation of the municipal government, an emergency is deemed to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the proposal of Southern Desk Company, a division of Drexel Enterprises, to furnish, deliver and install all those certain items of furniture and equipment in the City's Jackson Park Branch Library building, in full accordance with the City's plans and specifications made therefor, as modified by mutual agreement between said bidde and the City and as set out in said committee's report to the Council under date of September 21, 1967, for the total net sum of $8,247.00, cash, be and said proposal i hereby ACCEPTED; and the City Manager and City Clerk are hereby authorized and direc for and on behalf of the City, to enter into requisite contract with said contracto for the sale, delivery and installation for the City of all said equipment in full accordance with the City's plans and specifications made therefor, with said bidder's proposal and the aforesaid committee's report and the provisions of this ordinance, said contract to be in such form as is approved by the City Attorney; and upon satisfactory performance of said contract by said successful bidder and acceptance thereof by the City Manager, there shall be paid said contractor by the City the sum of $8,247.00, cash. BE IT FURTHER ORDAINED that the other two (2) bids made to the City for furnishing and installing said equipment be, and said other bids are hereby REJECTED the City Clerk to so notify said other bidders and to express to each the City's appreciation of each said bid. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in full force and effect upon its passage. ATTE ST: C~ty Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of September, 1967. No. 17752. AN ORDINANCE accepting a bid and awarding a contract for the furnishing of one new Air Compressor for the City's Water Department, upon certain terms and ed, 14B WHEREAS, at the meeting of the Council held on September 11, 1967, and after due and proper public advertisement had been made therefor, seven bids made to the City for the furnishing anddelivery of one new Air Compressor for the City's Water Department 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 repDrted to the Council, under date of September 15, 1967, its tabulation and report of said bids, from which it appears that the bid hereinafter accepted represents the best bid made to the City, meeting all the City's specifications for said equipment, and should be accepted, the apparent low bid being for equipment other than that specified in the City's advertisement for bids; and WHEREAS, funds have been appropriated by the Council sufficient to pay the cost of the equipment hereinafter authorized to be acquired 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 follow (1) That the bid of Capital Equipment Company, Inc., of Richmond, Vtrgini for furnishing and delivery to the City of Roanoke one (1),new 160 C.F.M. Air Compressor, manufactured by the Chicago Pneumatic Company, with a D-245 engine, for the gross price of $6,080.00, less trade in allowance of $2,128.00, making a total net price of $3,952.00, be and said bid is hereby ACCEPTEDi and (2) That the other bids made to the City for the aforesaid equipment be, and the said other bids are hereby REJECTED; the City Clerk to so notifyrsaid other bidders and to express to each the City's appreciation of said bids; and (3) That the City Manager and the City Clerk be, and they are hereby authorized and directed to enter into a written contract on behalf of the City with the aforesaid successful bidder for the provision of the equipment mentioned and described above, said contract to have incorporated therein the City's requirements and specifications for the equipment so authorized to be furnished, the bidder's proposal made to the City, and the provisions of this ordinance; and upon satisfactory delivery of said equipment accepted by the City as meeting all said specifications, the City Auditor shall be, and is hereby authorized to make payment to said contractor in accordance with the provisions of this ordinance and said contract, charging said payment to appropriations heretofore made by the City for said equipment. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in force and effect Upon its passage. APPROVED ATTE ST: CSty Clerk ~ M~yor .47 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of September, 1967. No. 17753. AN ORDINANCE providing for the City's purchase o:f certain coal requirement for the period from October 1, 1967, through September 30, 1968; accepting certain bid to the City for the supply of same and rejecting certain other bids; and providing for an emergency. WHEREAS, at the meeting of the Council held on September 11, 1967, and afte due and proper public advertisement had been made therefor, three (3) bids made to th 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 Counci 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 hereinafter authorized to be accepted represent the lowest and best bids received by the City for the supply of it 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; an 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 Cummings Company to sell and supply to the City its requirement for furnace nut coal for the period beginning October 1, 1967, and ending September 30, 1968, at a price of $7,25 per ton, net, f.o.b. Marytown Mine Marytown, West Virginia, be and said bid is hereby ACCEPTED; and that the bid of Old Dominion Coal Corporation to supply the furnace nut coal be, and said other bid is 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, 1967, and ending September 30, 1968, at a price of $7.20 per ton, net, f.o.b. Marytown Mine, Marytown, West Virginia, be, and said bid is hereby ACCEPTED; and tha the bids of Blair Pitzer Coal and Fuel Oil Co., Inc., and of Old Dominion Coal Corporation 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 3-1/2 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 !48 IN THE COUNCIL QF THE CITY OF ROANOKE, VIRGINIA, The 29th day of September, 1967. No. 17754. A RESOLUTION expressing the Council's appreciation for the gift to the City of an American Flag. WHEREAS, as a part of The Harleysville Insurance Companies', 50th Anniversar ceremonies and in an effort to instill respectful esteem for his flag and his country in every citizen, Mr. Billy C. Shaw, Manager of the Roanoke branch office of Harleysville Insurance Companies has, on behalf of said companies, graciously presented an American Flag to the City of Roanoke. NOW THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Council, for itself and on behalf of the citizens of the City, does hereby extend thanks to The Harleysville Insurance Companies, and to Mr. Billy C. Shaw, Roanoke branch manager, for the generous gift to the City of an American Flag, and the Council does, further, warmly commend the Harleysville Insurance Companies for notable and timely emphasis on patriotism.. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to transmit an attested copy of this resolution to Mr. Billy C, Shaw, Roanoke branch mamager of the Harleysville Insurance Companies. APPROVED ATTE ST: /City Clerk May or IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of September, 1967. No. 17755. A RESOLUTION approving the sale to Total Action Against Poverty in Roanoke Valley ~f certain surplus swimming pool equipment upon certain terms and conditions. WHEREAS, the City recently acquired as a part of its municipal airport north clear zone area certain property on which is installed a swimming pool and other improvements, all of which need to be removed for the purpose of converting said property to the purpose of a clear zone for the City's nort.h-south airport runway; and said swimming pool equipment, being surplus property in the hands of the City, will need to be disposed of to the best possible advantage; and WHEREAS, the City Manager has reported to the Council that Total Acti,on Against Poverty in Roanoke V, alley being interested in acquiring such equipment for its own purposes has offered to purchase the same from the City for the sum hereinaft .ar provided and to remove same from the City's property without expense or inconvenienc. to the City, said Agency having had said equipment appraised and having offered, to the City what has been determined as its fair~arket value; and WHEREAS, the Council having considered the matter is agreeable to the aforesaid proposal and to such sale and dispos~ition of said equipment by the City's Purchasing Agent as provided in Sec. 1, Chapter 1, Title V, of The Code of the City of Roanoke, upon the terms and conditions hereinafter provided. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council approve the City's sale, to be made by the City's Purchasing Agent under the direction of the City Manager, of the surplus swimming pool filter tanks, motor and pump, diving board, two ladders, miscellaneous pipes and fittings and salvageabl, portions of the swimming pool coping and metal fence now situated at and around the swimming pool on the real estate recently acquired by the City from Church of God for the State of Virginia beyond the north end of the north-south municipal airport runway in Roanoke County for the sale price of $400.00, cash, to be paid to the City all such equipment and material to be completely removed from the property by the purchaser without cost or inconvenience to the City and within thirty days from the date of the adoption of this resolution. BE IT FURTHER RESOLVED that, if the City be required so to do pursuant to the terms of certain Grant Agreements in effect between the City and the United States of America, Federal Aviation Agency, the sale price received by the Cit~ for the aforesaid equipment be credited to the costs of the appropriate current Federal airport project under ~hich the above-described real estate has been acquired by the Cit~; and, in any event, that the Cit~ ~anager report the aforesaid sale of surplus propert~ to said Federal Aviation Agency. APPROVED ATTE ST: ~ity Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of September, 1967. No. 17756. AN ORDINANCE accepting the proposal of Badger Meter Manufacturing Company for furnishing and delivering to the City 1000 new 5/8" Water Meters for use 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. 150 WHEREAS, after public advertisement had been made therefor, four (4) proposals were received for the furnishing and delivery to the City of 1000 new 5/8" Water Meters for use by the City's Water Department, were opened in the Office of the City Purchasing Agent on September 26, 1967; and were properly tabulated, whic said tabulation was presented to this Council, this day, at its adjourned regular meeting; and WHEREAS, the City Purchasing Agent has determined that the lowest and best bid was submitted by Badger Meter Manufacturing Company, at the .price of $28,5~0.00, and has recommended the acceptance of said proposal and the execution of the contract herein provided for, in which recommendations this Council concurs; and WHEREAS, for the usual daily operation of the Water Department, an emergenc 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 Badger Meter Manufacturing Company for furnishin and delivering to the City 1000 .new 5/8" Water Meters for use by the City's Water Department at a unit price of $33.14, less trade-in allowance of $4.55 per unit on 1000 used.meters, making a total net sum of $2B,590.00, cash, in full conformance with the City's specifications therefor, 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, respectively, to execute and to seal and attest the requisite contract, the terms of which shall be approved by the City Manager and the form of which shall be approved by the City Attorney. (3) That the proposals of all other bidders for the furnishing of said equipment be, and the same are hereby REJECTED; the City Clerk to so notify said bidders and to express to each the City's appreciation of said bids. (4) That, an emergency existing, this ordinance shall be in full force a effect from its passage. ATTE ST: /City Clerk A P PR 0 V E D Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of September, 1967. No. 17757. AN ORDINANCE providing for certain improvements to the City's Elmwood Park by Regional Construction Services, Incorporated, and awarding a contract for said improvements based on the low bid made therefor; rejecting another bid; and providin for an emergency. WHEREAS, after due and proper legal advertisement had been made therefor, certain sealed bids made to the City for the construction of the public improvements hereinafter described were received, opened and read before the Council at an adjourned meeting of said Council held on September 29, 1967, whereupon said Council referred all such bids to a committee appointed by the Mayor, which committee was directed to retire and to tabulate and study said bids and to make its report back to the Council; and WHEREAS, said committee having performed its assignments, returned with it tabulation and report on said bids, reporting to the Council that the bid of Regiona Construction Services, Incorporated, for the performance of s.aid work, is the lowest and best bid made to the City for the performance of said work and that sari bid is i proper form and appears to meet all of the City's specifications, plans and requirements made for said public improvements, and should with certain agreed changes of specifications and proportionate reduction of costs, be accepted, and that a contract be awarded said bidder, subject to the approval of the Department of Housing and Urban Development (Urban Beautification and Improvement Pro,ram) thereon and WHEREAS, funds sufficient to l~y the cost of said improvements have been appropriated by the Council for the purpose, and for the usual daily operation of th municipal government and in order that certain commitments made by the City to other public agencies may be timely performed, 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 Regional Construction Services, Incorporated, be employed by contract with the City for the construct, ion of certain improvements to the City's Elmwood Park, consisting of certa~ modification and rehabilitation of the existing pool, construction of walks and terraces, wooden platforms, mechanical, electrical and other related work included in Phase I of the Elmwood Park Development Project as set out in the City's plans, specifications and requirements for the performance of said work, but modified by the agreed changes of specifications and cost negotiated with said bidder by the aforesaid committee, for the sum of $64,100.00, cash, upon satisfactory performance of all said work; and upon approval given by the Department of Housing and Urban Development (Urban Beautification and Improvement Program), the City Manager and the City Clerk be, and they are hereby authorized and directed to enter into written contract, on behalf of the City, with the aforesaid bidder providing for the accomplishment of the improvements described in the City's plans and specifications, modified, as aforesaid by said committee report, said contract to contain and be subject to the terms and conditions of Part II, Form HUD-3179b (5-66) set out in the City's Contract for Grant No. VA B-2, Project No. Va. B-2, and, otherwise, to be upon such form as is approved by the Cit Attorney; 152 2. That the other bid received by the City for the construction of the aforesaid improvements be, and said other bid is hereby REJECTED; and the City Clerk shall so notify said other bidder and express to it the City's appreciation of said bid; and 3. That, upon satisfactory performance of the construction of the public improvements herein provided and as are to be set out in the contract authorized to be entered into, the City Auditor shall be, and is hereby authorized ~ pay to the aforesaid contractor at the time and in the manner provided in the City's contract and specifications, the sum of $64,100.00, charging the same to appropriations heretofore made by the Council for this specific purpose. 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 30th day of September, 1967. No. 17758. AN ORDINANCE to amend and reordain Section m89, "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 m89, "Capital," of the 1967-68 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CAPITAL ~89 Elmwood Park (1) ............................... ,... $ 17,100.00 (1) Net increase- $17,~00,00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTE ST: C~ity Clerk APPROVED Mayor 153 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of September, 1967. No. 17759. A RESOLUTION stating the Council's position with reference to certain sewage treatment matters. BE IT RESOLVED by the Council of the City of Roanoke that this Council favors continued efforts to ne0otiate desired and agreeable amendments to the existing sewage treatment contract of September 28, 1954, with Roanoke County extending until January 1, 1981, pending which overall re-negotiations this body stands ready to re-evaluate all areas of Roanoke County which would be proposed to be added to the existing contract areas, provided it be agreed that the rate to be paid to the City for transmission and treatment of ali wastes accepted from all Court areas pursuant to said contract shall be $62.50 per million gallons of wastes so delivered to the City. BE IT FURTHER RESOLVED that attested copies of this resolution be forth~ith transmitted to the members of the Board of Supervisors of Roanoke County, to the members of the Salem Town Council, and to other interested parties and agencies. ATTE ST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of October, 1967. No. 17721. AN ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, and Sheet No. 402, Secti onal 1966 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have property located on the north side of White Avenue, S. E., described as Lots 6 - 10, inclusive, Block 1, McGhee Brothers Map, Official Tax Nos. 4020406 - 4020410, incl~sive, rezoned from RG-2, General Residential District, to LM, Light Manufacturing ,District; and WHEREAS, the City Planning Commission has recommended that the hereinafte] described land be rezoned from RG-2, General Residential District, to LM, Light Manufacturing District; and 154 WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 71, Chapter 4.1, Title XV, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, have been published and poste¢ as required and for the time provided by said seotion; and WHEREAS, the hear.'ing as provided for in said notice was held on the 2$th day of September, 1967, 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 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, relating to Zoning, and Sheet No. 402 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 White Avenue, S. E., described as Lots 6 - 10, inclusive, Block 1, McGhee Brothers Map, designated on Sheet 402 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax Nos. 4020406 - 4020410, be and is hereby, changed from RG-2, General Re.sidential District, to LM, Light Manufacturing District, and that Sheet No. 402 of the aforesaid map be changed in this respect. A P PR 0 V E D ATTE ST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of October, 1967. No. 17722. AN ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, and Sheet No. 322, Sectional 1966 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have property located on the southeastern side of Eastern Avenue, N. E., between Tuck Street and Twentieth Street, described as Lots 24 through 39, inclusive, Block 10, as shown by the Map of Jackson Park Addition, and designated on Sheet No. 322 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax Nos. 3222223 to 3222238, 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 L~i, Light Manufacturing District; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 71, Chapter 4.1, Title XV, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, have been published and 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 25th day of September, 1967, 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 consideri~g 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, relating to Zoning, and Sheet No. 322 of the Sectional 1966 Zone Map, City of Roanok be amended in the following p~rticular and no other, viz.: Property located on the southeastern side of Eastern Avenue, N. E., between Tuck Street and Twentieth Street, described as Lots 24 thro~u'gh 39, inclusive Block I0, as shown by the Map of Jackson Park Addition, and designated on Sheet No. 322 of the Sectional 1966 Zone Map, City of Roanoke, as Offici~I Tax Nos. 3222223 to 3222238, inclusive, be, and is hereby, changed from RD, Duplex Residential District, to LM, Light Manufacturing District, and that Sheet No. 322 of the aforesaid map be changed in this respect. ATTE ST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of October, 1967. No. 17723. 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. 219, Sectional 1966 Zone Map, City of Roanoke, in relation to Zoning° WHEREAS, application has been made to the Council of the City of Roanoke to have three (3) certain lots hereinafter described, located on the southwest and southeast corners of Whitney Avenue and Woodbury Street, N. W., rezoned from RS-3, Single Family Residential District, to RD, Duplex Residential District; and 156 WHEREAS, the City Planning Commission has recommended that Ge hereinafter described land be rezoned from RS-3, Single Family Residential District, to RD, Duplex Residential District as requested; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 71, Chapter 4.1, Title XV, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, have been published and posted as required and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the 25th day of September, 1967, 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 presented, is of the opinion that the hereinafter described land should be rezoned as herein .provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Title XV, Chapter 4.1, Section 2, of the Code of the City of Roanoke, 1956, as amended, relating to'Zoning, and Sheet No. 219 of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz.: Those certain three (3) lots located on the southwest and southeast corner of Whitney Avenue and Woodbury Street, N. W., described as Lots 7 and 8, Block 5, Air Lee Court, and Lot 1, Block 4, Air Lee Court, designated on Sheet 219 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax No (s). 2190707, 2190708 and 2190801, be, and are hereby, changed from RS-3, Single Family Residential Distri to RD, .Duplex Residential District, and that~Sheet No. 219 of the ~foresaid map be changed in this respect. ATTE ST: City Clerk A P PR OV E D Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of October, 1967. No. 17724. AN ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, and Sheet Nos. 304 and 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 t, have certain lots on the east side of Hollins Road, N. E., south of an alley, which alley is north of Georgia Avenue, and north of an alley, which alley is north of Pocahontas Avenue, and extending in an easterly direction depths varying from 88.27 feet to 179.3 feet from the east line of Hollins Road, being Lots 1 - 3, inclusive, Block l, Lots 1 - 4, inclusive, and Lots 13 and 14, Block 2, and Lots 13 and 14, Block 3, all according to the Map of Fairmount Land Company, and being designated as Official Tax Nos. 3042101 - 3042103, inclusive, 3061301 - 3061304, inclusive, 3061313, 3061314, 3061113 and 3061114, 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 Manufacturing District; and WHEREAS, the sritten 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 h'earing as provided for in said notice sas held on the 25th day of September, 1967, at 2 p.m., before the Council of the City of Roanoke, at shich hearing all parties in interest and citizens sere given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering 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, relating to Zoning, and Sheet Nos. 304 and 306 of the Sectional 1966 Zone Map, City of Roanoke, be amended in the follosing particular and no other, viz.: Property located on both sides of Pocahontas Avenue, N. E., and Georgia Avenue, N. g., east of Hollins Road, describ.ed as Lots 1 - 3, inclusive, Block 1, Fairmount, Lots I - 4, inclusive, and Lots 13 and 14, Block 2, Fairmount, and Lots 13 and 14, Block 3, Fairmount, designated on Sheet Nos. 304 and 306 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax Nos. 3042101 - 3042103, inclusive, 3061301 - 3061304, inclusive, 3061313, 3061314, 3061113 and 3061114, be, and is hereby, changed from RD, Duplex Residential District, to LM, Light Manufacturing District, and that Sheet Nos. 304 and 306 of the aforesaid map be changed in this respect. APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of October, 1967. No. 17760. A RESOLUTION expressing appreciation of the Council for the gift of a 158 WHEREAS, students enrolled in the carpentry class conducted by the Opportunities Industrialization Center at the City's Victory Stadium presented to th Council at its meeting on October 2, 1967, a wooden lectern designed and made by students for the use of members of the public attending the meetings of the City Council, said lectern being made of walnut lumber and ha ring affixed to it a replica of the Key to the City of Roanoke used for ceremonial occasions, which gift was accepted by the Mayor on behalf of the members of the City Council. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the members of said body do hereby express to the students in the carpentry class of the Opportunities Industrialization Center the Council's sincere appreciation for their gift to the Council of the aforesaid wooden lectern; and do direct that said lectern be henceforth made available for use by persons appearing before the Council at its public meetings held in t he Council Chambers. BE IT FURTHER RESOLVED that the Clerk do transmit a copy of this resolution to George P. Lawrence, the citizen appearing with said students and arranging the aforesaid presentation at the Council meeting held on October 2, I967. APPROVED ATTE ST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of October, 1967. No. 17761. AN ORDINANCE to amend and reordain Section ~7000,, "Schools - M~intenance of Plant and Equipment," 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 =7000, "Schools - Maintenance of Plant and Equipment," of the 1967-6B Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part; SCHOOLS - MAINTENANCE OF PLANT AND EQUIPMENT =7000 Operation Equipment (1) (2) .......................... $ 29,792.51 (1) Net increase (2) Reimbursed by U. S. Govern- ment and State of Virginia $3,4B9.51 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTE ST: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of October, 1967. No. 17762. AN ORDINANCE to amend and reordain Section =13000, "Schools - Miscellaneous," 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 =13000, "Schools - Miscellaneous, of the 1967-68 Appropriation Ordinance be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS - MISCELLANEOUS =13000 New Careers Program (1) (2) ......................... $ 6,426.86 (1) Net increase .... $6,426.86 (2) Reimbursed by U. S. Government BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTE ST: G/ity Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of October, 1967. No. 17763. AN ORDINANCE directing and providing for the acquisition ~ certain additional parcels of land in fee simple and of certain easements in land needed by the City for the widening and improvement of Orange Avenue, N. E., U. S. Route 460; fixing the consideration to be offered to be paid by the City for each said parcel of land and/or easement and the other terms and provisions of such acquisition; providing for the City's acquisition of said lands and easements by condemnation, under certain circumstances; authorizing that the City make motion for the award of a right of entry on e~chofsaid 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 portio~ of Orange Avenue, N. E., U. S. Route 460, in accordance with the plans therefor, approved as Project 0460-128-102, RW-201, th'e parcels of land hereinafter described, each of which is set out and shown in detail on the plans of the aforesaid project, are wanted and needed by the City for the purposes of the project, some of said 160 properties being needed t'o be acquired in fee simple and the City needing to acquire in said other properties easements necessary and sufficient for the proper construction of said project; and WHEREAS, the City has caused appraisals to be made of the fair market value of each of the hereinafter described properties and easements, 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 suffic.ient for th 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 th.e-hereina, fter des.cri.l~ed, properties for the purpose of constructing said public improvements; and WHEREAS, for the usual daily operation of the munci@al 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 Orange Avenue, N. E., U. S. Route 460, and the proper City officials be, and are hereby authorized to acquire for said City fro~ the respective owners of the parcels of land hereinafter described and for the price set out opposite each said parcel, the fee simple title to and/or the easements necessary for the proper construction of said street, in the following described lands situate in the City of Roanoke, virginia, on Orange Avenue, N. E., said parcels of land being described with reference to the City's plans for Project 0460-128-102, RW-201, viz:: Parcel 001, being 2,100 square feet of land in fee simple and a temporary easement in an adjoining 750 square foot area of land, all in'the lot designated Official No. 3050515 on the City's .Tax Appraisal Map, from its owners, Ida Francis Simmons and Eva Lucinda Simmons, for the sum of $ 3,014.00 Parcel 002, being 1,584 square feet of land in fee simple and a temporary easement in an adjoining 931 square foot area of land, all in Lot 1, Section 1, according to the Map of the Crozier Addition, also designated as Official No. 3050516, from its owner, J. C. Hoelle, for the sum of $ 955.00 Parcel 004, being 10,085 square feet of land in fee simple and a temporary.easement in an adjoining 4,704 square foot area of land, being in Lots 2, 3, 4, 5, 6, 7, 8 and 9, Block 1, according to the Map of the Crozier Addition, alu designated as Official Nos. 3050517 through 3050524, inclusive, from its owner, John D. Copenhaver, Trustee, for the sum of $ 3,520.00 1,61 Parcel 005, being 7,480 square feet of land in fee simple, and being all of the land described as Official No. 3051101, from its owner, Nelson-Roanoke Corpo- ration, for the sum of $ 4,B62.00, and Parcel OB5, being 2,375 square feet of land in fee simple, a perpetual easement in B44 square feet of land for a public storm drain, and a temporary easement in 1,675 square feet of land, all in Lot "A" as shown on the James F. MacTier Survey of the subdivision of property of E. C. Ashley, also desig- nated as Official No. 3340405, from its owners, L. C. Chappell and Beulah F. Chappel, for the total sum of 3,756.00 Aggregate of all above considerations ..... $16,107.00; 2. That the City Manager be, and he is hereby directed, immediately, to offer on behalf of the City to the owner of '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, 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 m~y 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 ar'owners of a of the parcels of land hereinabove set out for the City's purchase of said land or easement therein, as the case may be, the City Attorney is hereby authorized and directed to institute in a court of competent jurisdiction in the City condemnation proceedings to acquire for the City the fee simple title to and/or easement in such land or lands as are hereinabove set out and described and as the City is unable to acquire by purchase as hereinabove provided; 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 C~ y 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 acquired in such condemnation proceeding. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage. APPROVED ATTE ST: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of October, 1967. No. 17764. AN ORDINANCE accepting the proposal of Draper Construction Company, Inc., for furnishing and installing a certain B-inch effluent 1, ine on Tinker Creek; authorizing the proper City officials to execute the requisite contract; rejecting all other bids for said work; and providing for an ~mergency. WHEREAS, upon due and proper advertisement therefor, certain bids were received by the City for the improvements hereinafter authorized and, upon opening before the Council, at its regular meeting held on September 25, 1967, 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; 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 munici pal 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 Draper Construction Company, Inc., for the installation of a certain B-inch effluent line from the City's sewer stabilization pond along Tinker Creek, south to a point on Tinker Creek, in full accordance with the City's plans and specifications made therefor, for the sum of $7,960.00, based o 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 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 performance 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 bid. 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 163 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of October, 1967. No. 17725. AN ORDINANCE amending and reordaining Section 30, Article V,-Chapter 4.1, of Title XV, relating to Zoning, of the Code of the City of Roanoke, 1956, as amended, providing regulations restricting the height of structures and objects, and otherwise regulating the use of property in the vicinity of the Roanoke Municipal Airport; creating certain airport zones within the several zoned districts of the city and defining the boundaries of said airport zones by reference to an approved airport zoning map; and approving and incorporating into the provisions of Chapter 4.1, aforesaid, a map to be known and designated as the Roanoke Municipal Airport Zoning Map. WHEREAS, the Council, being cognizant of the need for and the general benefits to be acquired by the incorporation into the City's general zoning regulations of additional, special regulations regarding and relating to the use of property in the several zoned districts in the vicinity of or affected by the Roanoke Municipal Airport, referred said matter to the City Planning Commission and to a special committee of the Council for consideration and report and recommendatio to the Council; and WHEREAS, said City Planning Commission having studied the matter has made report and recommendation to the Council, all of which has, in turn, been considered by the aforesaid committee which has proposed to the Council certain amendments of the City's zoning regulations as contained in Section 30 of the aforesaid Article and Chapter, which said amended regulations are hereinafter set out and ordained; and WHEREAS, pursuant to the provisions of Sec. 70 and Sec. 71, Chapter 4.1, of Title XV of the Code of the City of Roanoke, 1956, as amended, and after due publication of written notice in a newspaper having general circulation in the City more than fifteen days prior to the holding of a public hearing on the question, a public hearing was held before the Council on the 25th day of September, 1967, in accordance with said notice on the proposal of amending said zoning regulations as recommended by said City Planning Commission and said committee, 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 o~f the recommendations of said Planning Commission and said committee and of the matters presented at said public hearing, the Council is of opinion that Section 30, Article V, Chapter 4.1, of Title X¥, relating to Zoning, of the Code of the City of Roanoke, 1956, as amende which section provides certain zoning regulations applicable to property in the vicinity of or affected by said airport, should be amended as recommended to the Council and as hereinafter provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section 30, Article V, Chapter 4.1, of Title X¥, relating to Zoning, of the Code of the City of Roanoke, 1956, as amended, providing certain regulations with respect to the use of property in the vicinity of or affected by the Roanoke Municipal Airport be, and said Section is hereby amended and reordained to read and provide as follows: Sec. 30. Airport zones; regulations; airport zoning map. Purpose and intent: The purpose of this section is to regulate and restrict the height of structures and objects of natural growth, and:otherwise regulate the use of property in the vicinity of the Roanoke Municipal Airport by creating certain aiport zones within the zoned districts, and 'to define the boundaries thereof by adoption of and reference to the Roanoke Municipal Airport Zoning Map. 1. Zones. There are hereby created and established within the city certain zones which include all of the land lying within instrument approach zones, noninstrumental approach zones, transition zones, horizontal zone and conical zone, as said zones are hereinafter defined. Such area and zones are shown on a certain map entitled "Roanoke Municipal Airport Zoning Map" consisting of one sheet, prepared by the Roanoke City Engineer's Office and dated July 1967, which said map identified and authenticated by the signature of the Mayor, is hereby adopted and made a part of this ordinance by reference, and said map shall be hereafter filed and kept as is the Official 1966 Zoning Map, City of Roanoke, Virginia, and be supplementary thereto. Airport zones as shown on the Roanoke Municipal Airport Zoning Map are hereby established and defined as follows: a. Instrument approach zone: An instrument approach zone at each end of the instrument runways for instrument landings and takeoffs. The instrument approach zones shall have a width of 1,000 feet at a'distance of 200 f~et beyond each end of the runway, widening thereafter uniformly to a width of 16,000 feet at a distance of 50,200 feet beyond each end of the runway, its centerline being the continuation of the centerline of the runway; b. Noninstrument approach zone: A noninstrument approach zone at each end of all noninstrument runways for noninstrument landings and takeoffs. The noninstrument approach zone shall have a width of 500 feet at a distance of 200 feet beyond each end of the runway, widenin9 thereafter uniformly to a width of 2,500 feet at a distance of 10,200 feet beyond each end of the runway, its centerline being the continuation of the centerline of the runway; c. Transition zones: Transition zones adjacent to each instrument and noninstrument runway and approach zone as indicated on the Roanoke Municipal i~irport Zoning Map. Transition zones symmetrically located on either side of runways have variable widths as shown on the Roanoke Municipal Airport Zoning Map. Transitian zones extend outward from a line 250 feet on either side of the centerline of the noninstrument runway, for the length of such runway plus 200 feet on each end; and 500 feet on either side of the centerline of the instrument runway, for the length of such runway plus 200 feet on each end, and are parallel and level with such runway centerlines. The transition zones along such runways slope upward and outward one (1) foot vertically for each seven (7) feet horizontally to the point where they intersect the surface of the horizontal zone. Further, transition zones shall be adjacent to both instrument and non- instrament approach zones f~r the entire length of the approach zones. These transitioa zones have variable widths, as shown on the Roanoke Municipal Airport Zoning Map. Such transition zones~flare symmetrically with either side of the runway approach zones from the base of such zones and slope upward and outward at the'rate of one (1) foot vertically for'each seven (7) feet horizontally to the points where they intersect the surfaces of the horizontal and conical zones. Furthermore, transition zones shall be adjacent to the instrument approach zone where it projects through and beyond the limits of the conical zone, extending a distance of 5,O00 feet measured horizontally from the edge of the instrument approach zones at right angles to the continuation of the centerline of the runway; d. Horizontal zone: A horizontal zone shall be the area within a circle with its center at the Airport Reference Point and having a radius of 7,000 feet. The horizontal zone does not include the ins trument and noninstrument approach zones and the transition zones; and e. Conical zone: A conical zone shall be the area that commences at the periphery of the horizontal zone and extends outward therefrom a distance of 5,000 feet. The conical zone does not include the instrument approach zones and transition zones. 2. Height limitations. Except as may otherwise be provided in this section, no structure or tree shall be erected, altered, allowed to gro~ or maintained in any zone created by this section to a height in excess of the height limit herein established for such zone. Such height limitations are hereby established for each of the zones as follows: a. Instrument approach zone: One (1) foot in height for each fifty (50) feet in horizontal distance beginnin9 at a point 200 feet from and at the centerline elevation of the end of the in- strument runway and extending to a distance of 10,200 feet from the end of the runway; thence one (1) foot in height for each forty (40) feet in horizontal distance to a point 50,200 feet from the end of the runway; b. Noninstrument approach zone: One (1) foot in height for each forty (40) feet in horizontal distance beginnin9 at a point 200 feet from and at the centerline elevation of the end of the noninstrument runway and extending to a point 10,200 feet from the end of the runway; c. Transition zones: One (1) foot in height for each seven (7) feet in horizontal distance beginning at any point 250 feet normal to and at the elevation of the centerline of noninstrument runways, extending 200 feet beyond each end thereof, and 500 feet normal to and at the elevation of the centerline of the instrument runway, extending 200 feet beyond each end thereof, extending to a height of 150 feet above the airport elevation which is 1,175 feet above mean sea level. In addition to the foregoing, there shall be height limits of one (1) foot vertical height for each seven (7) feet horizontal distance measured from the edges of all approach zones for the entire length of the approach zones and extending upward and outward to the points where they intersect the horizontal or conical surfaces. Further, where the instrument approach zone projects through and beyond the conical zone, a height limit of one (1) foot for each seven (7) feet of horizontal distance shall be maintained beginning at the edge of the instrument approach zone and extending a distance of 5,000 feet from the edge of the instrument approach zone measured normal to the centerline of the runway extended; d. Horizontal zone: One hundred fifty (150) feet above the airport elevation or a height of 1,175 feet above mean sea level; and, e. Conical zone: One (1) foot in height for each twenty (20) feet of horizontal distance beginning at the periphery of the horizontal zone, extending to a height of 400 feet above the airport elevation. Where an area is covered by more than one (1) height limitation, the more restrictive limitation shall prevail. 3. Use restrictions. a. Notwithstanding any other provisions of this section, no use may be made of land within any zone established by this section in such a manner as to create electrical interference with radio communication between the airport and aircraft, make it difficult for flyers to distinquish between airport lights and others, result in glare in the eyes of flyers uiing the airport, impair visibility in the vicinity of the airport or otherwise endanger the landing, takin9 off, or maneuverin9 of aircraft. 166 b. The regulations prescribed by this section shall not be con'strued to require the removal, lowering, or other changes or alteration of any structure or tree not conforming to the regulations as of the effective date of this section. Nothing herein contained shall require any change in the construction, alteration or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this section, and is diligently prosecuted, except as to subparagraph a. immediately preceding. c. Notwithstanding the provisions contained in the immediately preceding subparagraph, the owner of any structure, tree, natural growth or use of which existed prior to the adoption of this section and is inconsistent with or in Viola- tion of the provisions of this section or an amendment thereto shall be required, as a condition of the continued maintenance of such structure, tree or use, to permit the City's installa- tion, operation and maintenance thereon of such markers and lights as shall be deemed necessary by the Federal Aviation Agency or the City's Airport Manager so as to indicate the presence of such object or hazardous use to operators of air- craft in the vicinity of the airport. Such markers and lights shall be installed, operated and maintained at the expense of the City of Roanoke and not of such owner. d. Ail of the provisions of this section shall be considered by the Zoning Administrator when reviewing applications for zoning permits. The applicant for a zoning permit shall include and submit adequate' information and detail necessary to ensure that the limitations of this section shall not be exceeded. e. Other than as provided in subparagraphs b. and c., immediately preceding, any variance authorized to the provisions of this section shall be so conditioned as to require the owner of the structure or tree in question, at his own expense, to install, operate and maintain thereon such markers and lights as may be deemed necessary by the Board of Zoning Appeals, acting with the advice and recommendation of the Federal Aviation Agency or the Airport Manager, f. Structures of public utilities shall be excluded from the requirements of this section provided plans for such structures have first been reviewed and determined by the Federal Aviation Agency to have no adverse effect on air navigation as provided in Part 77 of the Federal Aviation Agency's Regula- tions. BE IT FURTHER ORDAINED that this ordinance shall be in full force and effect from and after thirty days from its passage. ATTEST: APPROVED Ci ~ Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of October, 1967. No. 17765. AN ORDINANCE providing for the City's grant of an option to The Macke Company, a Delaware corporation, to purchase a certain 9.88 acre parcel of land on th southwest side of the right-of-way of Interstate Spur 581, designated as Official No. 2130801, upon certain terms and conditions. WHEREAS, proposal has been made to the City that the City agree to sell an convey the land hereinafter described, and a committee of the Council appointed for the purpose of considering said proposal and of recommending to the Council a value to be fixed as the sale price of said land has reported in writing to the Council th the City should favorably consider the sale of said land and that its present value is $40,000.00, cash; and WHEREAS, the prospective purchaser of said land has requested that it be granted an option to purchase and acquire said land from the City in fee simple for the purchase price recommended by said committee. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the Mayor and the City Clerk be, and they are hereby authorized and directed, for and on behalf of the City, and for a consideration of $1.00, cash, to execute, seal and attest, respectively, a written purchase option pursuant to which The Macke Company, a Delaware corporation, be granted the right, to be exercised within 60 days from October 9, 1967, by said Company or by a subsidiary of said Company but not to be otherwise assignable, to purchase and acquire from the City in fee simple and at a purchase price of $40,000.00, cash, to be payable to the City upon delivery of its deed of conveyance to said purchaser should it elect to exercise said option, all thai certain 9.88 acre tract or parcel of land owned by the City and designated as Official No. 2130801 on the City's Tax Appraisal Map, situate in the City of Roanoke on the southwest side of the right-of-way of Interstate Spur 581; said purchase option to be in writing and upon such form as is approved by the City Attorney and t provide for the City's conveyance of the title to said land in fee simple and with general warranty and modern English covenants of title, subject only to such restrictions, conditions, covenants or easements as may now be of record affecting the title to the aforesaid land or provided for herein, said option agreement to provide, also, that unless said option be exercised by said grantee within 60 days from October 9, 1967, by written notice of its election so to do and by tender of payment of the purchase price hereinabove provided, delivered and tendered to the City Clerk within 60 days from October 9, 1967, said option shall terminate and expire and be of no further force or effect and said grantee shall, upon request or demand of the City, execute such release as may be proper or necessary. BE IT FURTHER ORDAINED that should the purchase option herein provided for be exercised by the aforesaid Company, or by a subsidiary of said Company duly designated by said Company in writing, within the time and in the manner herein provided, and the a£oresaid purchase price be tendered to the City, the Mayor and the City Clerk be, and they are hereby authorized, empowered and directed to execute, seal, attest and acknowledge, on behalf of the City, such proper deed of conveyance to the City's said purchaser as is prepared and approved by the City Attorney, said deed to contain an accurate description of said property prepared and approved by th City Engineer and to contain, further, a cOVenant made on behalf of the City's said grantee that said land shall not, within two years from the date of such conveyance 168 be sold or otherwise disposed of by said grantee and that should said grantee not have commenced within said two-year period of time its construction of a building wherein to conduct a part or all of its b u~ness operations in the City of Roanoke, said grantee will thereupon and at the request or demand of the City contained in a Resolution of its City Council accompanied by tender by the City to said grantee of the sum of $40,000.00, the consideration herein provided, reconvey to the City the fee simple unencumbered title to all of said land, free and clear of the Lien of tax~ or of any other lien or encumbrance created thereon by any ~ct. of said grantee, the City's aforesaid deed to have affixed thereto at the time of such execution and de- livery the necessary Federal Revenue Stamps, supplied for the-purpose at the cost of the City's said grantee. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of October, 1967. No. 17766. A RESOLUTION confirming the appointment of Mr. Howard E. Radford as Director of the Roanoke Civic Center. WHEREAS, the City Manager has reported to the Council his appointment, effective as of November 1, 1967, and subject to the approval of the Council, of Mr. Howard E. Radford as Director of the Roanoke Civic Center, in which appointment the Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the appointment by the City Manager of Mr. Howard E. Radford as Director of the Roanoke Civic Center, to be effective November 1, 1967, be, and said appointment is hereby approved, ratified and confirmed. BE IT FURTHER RESOLVED that the annual salary o'f the aforesaid appointee as Director of the Roanoke Civic Center be such amount as is fixed by ordinance of the Council fixing the annual compensation of unclassified officials and employees of the City. APPROVED ATTEST: ~ity Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of October, 1967. No. 17767. AN ORDINANCE to amend and reordain Section ~77, "Civic Center," 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 ~77, "Civic Center," of the 1967-68 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CIVIC CENTER ~77 Personal Services (1) ................................... $ 16,000.00 (1) Net increase $2,500.00 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 9th day of October, 1967. No. 17768. 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 o the provisions of Resolution No. 16855 of the Council, has referred said applica- tion to the Council for consideration, recommendin9 that said water connection be approved. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke tbat the City Manager be, and he is hereby authorized to approve, through the City's Water Department, a metered connection to the City's 16-inch public water distribution main located in Old Salem Turnpike outside the City's corporate limits, of the 170 premises located at 5124 Morwanda Avenue, N. W., 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 res61ution 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 9th day of October, 1967. No. 17770. AN ORDINANCE providing for the purchase of one new self-propelled street sweeper by accepting a bid made to supply the same, upon certain terms and provisions rejecting another bid made for the supply of said equipment; and providin9 for an emergency. WHEREAS, after due and proper advertisement therefor, two bids were receive, by the City for the supply of a new self-propelled street sweeper, both 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 meeting the City's specifications for said equipment; said committee reporting that funds sufficient for the payment of the purchase price hereinafter authorized have heretofore been appropriated by the Council for the purpose; and WI~EREAS, 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 Shaffer Equipment and Supply Company to sell and deliver to the City one new Wayne 1-984 self-propelled street sweeper, powered by a Detroit Diesel 3-53, Model 5033-7201, engine, meeting all of the City's specifications made therefor and to be delivered as a complete unit to the City, f.o.b. Roanoke, for the sum of $15,845.4~ less $5,000.00 as trade-in allowance for the City's old 1954 model ~;ayne street sweeper, a net price of $10,845.45 but less, also, a 1% discount if paid for by the City within 10 days after delivery and acceptance, be, md said bid is hereby accepte, and the City Purchasin9 Agent be, and he is hereby authorized and directed,for and on behalf of the City, to issue a requisite purchase order for the aforesaid equipment and transfer and assign to said successful bidder the title to the City's old trade- in street sweeper, abovementioned, said new street sweeper to be paid for, -upon acceptance of said equipment by the City, out of funds heretofore appropriated for the purpose. BE IT FURTHER ORDAINED that the other bid received by the City on its aforesaid advertisement 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 appreciation of its said bid. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance be in full force and effect upon its passage. ATTEST: - .:.,:-- , . / / City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of October, 1967. No. 17771. AN ORDINANCE authorizing and directing the purchase of one (1) new rubber- tired front end loader, and three (3) industrial type tractors with additional specia equipment, on certain terms and conditions; rejecting other bids made to the City for the supply of same; and providing for an emergency. WHEREAS, after due and proper advertisement having been made therefor, bids were opened and read before the Council at its regular meeting held on October 2, 1967, for the supply to the City of the equipment hereinafter described, which said bids were thereafter referred to a committee to tabulate and study and to make recommendation thereon to the Council; and WHEREAS, said committee has reported to the Council in writing under date of October 9, 1967, that the proposals hereinafter accepted constitute the best bids made to the City, meeting all the City's specifications and requirements for said equipment, and should be accepted by the City; and WHEREAS, there has been appropriated for the purpose sums sufficient to pay the costs herein authorized to be paid for said equipment; and, for the usual daily operation of the municipal government, an emergency is deemed to exist in order that this ordinance takeeffect upon its passage. 172 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follow 1. That the proposals of: (a) A. E. Finley and Associates of Virginia, Incorporated, to furnis] and supply to the City, f.o.b. Roanoke, Virginia, one (1) new Trojan rubber-tired front end loader, less trade-in allowance for one (1) 1951 Model International tract~ loader, for the net sum of $13,933.00, cash; (b) Baker Brothers, Incorporated, of Roanoke, ViP~[inia, to furnish and supply to the City, f.o.b. Roanoke, Virginia, one (1) new Case Industrial type tractor with front end loader and backhoe, less trade-in allowance for one (1) 1958 model Case backhoe, for the net sum of $6,995.00, cash; (c) Seibel Brothers, of Roanoke, Virginia, to furnish and supply to the City, f.o.b. Roanoke, Virginia, one (1) new Massey Ferguson industrial type tractor with sickle mounted mower, less trade-in allowance for one (1) 1948 model International tractor, for the net sum of $3,200.00, cash, and; (d) Seibel Brothers, of Roanoke, Virginia, to furnish and supply to City, f.o.b. Roanoke, Virginia, one (1) new Massey Ferguson industrial type tractor, less trade-in allowance for one (1) 1947 model Worthington tractor, for the net sum of $2,640.00, cash, all said proposals meeting the City's specifications and requirements therefor, be, and said proposals are hereby, ACCEPTED; (2) That the City's Purchasing Agent be, and is hereby authorized and directed, for and on behalf of the City, to issue to the above named successful bidders the requisite purchase orders for the various items of equipment, the same to embody the terms and provisions of this ordinance and the specifications and requirements of the City heretofore given for said equipment, the cost of said equipment when delivered to and accepted by the City to be paid out of funds here- tofore appropriated for the purpose; and (3) That each of the other bids received by the City for the supply of said equipment 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 of said bids. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in full force and effect upon its passage. APPROVED ATTE ST: f City Clerk Mayor he 73 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of October, 1967. No. 17772. 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 of time, upon certain terms and provisions, by accepting certain bids made to the City; rejecting certain other bids; and providing for an emergency. WHEREAS, after due and proper advertisement therefor, ten (10) bids were received by the City for supplies of liquid chlorine to be used by departments of th, City hereinafter mentioned, 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 two (2) bids hereinafter mentioned, they being the lowest and best bids received by the City and meeting the City's specifications for said supplies, an funds sufficient for the payment of the purchase prices hereinafter authorized havin9 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 passag THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows 1. That the bid of Manley-Regan Chemicals, Incorporated, Middletown, Pennsylvania, to supply liquid chlorine to the City's Water Department in 150 pound cylinders at $0.07 per pound, f.o.b. Carvins Cove Filter Plant, Hollins, Virginia, fo the period beginning October 16, 1967, and ending June 30, 1968, the same to be shipped by truck in lots of 85 cylinders per shipment, as and when ordered by the Cit Purchasing Agent during the aforesaid period, be, and is hereby ACCEPTED; and 2. That the bid of Krebs Chemical Company, Lynchburg, Virginia, to supply liquid chlorine to the City's Sewage Treatment Plant in 2,000 pound cylinders at $0.04815 per pound, f.o.b. Sewage Treatment Plant, 1402 Underhill Avenue, S. E., Roanoke, Virginia, for the period beginning October 16, 1967, and ending June 30, 1961 the same to be shipped in truckload lots of 10 cylinders per shipment, as and when ordered by the City Purchasing Agent during the aforesaid period, be, and is hereby ACCEPTED; and 3. That the City Purchasing Agent be, and he is hereby authorized and directed, for and on behalf of the City, to issue requisite purchase orders for the supplies of liquid chlorine mentioned in paragraphs 1 and 2 above, the same to be pal 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 sai bids. 174 BE IT FINALLY ORDAINED that, an emergency existing, this ordinance be in full force and effect upon its passage. ATTEST: ., -' , ) · /City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of October, 1967. No. 17773. 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 school fares. 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 20 (c) School fare 15 BE IT FURTHER RESOLVED that this resolution shall be in effect from and aft the 16th day of October, 1967, 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 aforesaid contract to the extent only as provided for herein. ATTE ST: / /City Clerk APPROVED 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 October 16, 1967. Signed: Safety Motor Transit Company, successor in interest of Safety Motor Transit Corporation and Roanoke Railway and Electric Company By: ~ General Manager i75 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of October, 1967. No. 17774. A RESOLUTION requesting and urging the Board of Supervisors of Roanoke County to review its regulatory land use pattern established by zoning regulations and to adopt comprehensive and height zoning regulations applicable to land within said County's jurisdiction in the vicinity of the Roanoke Municipal Airport. ~qHEREAS, over a long period of years the City has owned and operated a municipal airport located in Roanoke. County, adjacent to the north corporate limits the City, which said facility serves a metropolitan and regional population and, in turn, has had an increasing effect upon the development and use of land in the vicinity of said airport, both within and outside the corporate limits of the City; and ~qHEREAS, the City has recently, as a result of its review of various land uses controlled by zoning regulations and after public hearings, adopted as amendments to its zoning regulations certain comprehensive and height zoning regulations applicable to land within the City's jurisdiction and has adopted, further, a certain map entitled the Roanoke Municipal Airport Zoning Map, all of which are set out or described in Ordinance No. 17725 of said Council; and IVHEREAS, this Council and other public agenci, es consider that the adoption of similar comprehensive and height zoning regulations by the Board of Supervisors of Roanoke County, to be made applicable to land within said County's jurisdiction ir the vicinity of said airport, are necessary and desirable for the proper and safe use of said airport and for the proper and best development of all land within the vicinity of said airport. THEREFORE, BE IT RESOLVED by the ~ouncil of the City of Roanoke that said Council doth hereby respectfully request and urge the Board of Supervisors of Roanoke County to initiate such action as is appropriate and necessary to cause to be made a review of said County's regulatory land use pattern established by said County's zoning regulations and made applicable to land in the vicinity of the Roanoke Municipal Airport and, thereafter and at an early date adopt comprehensive and height zoning regulations applicable to such land as ,is within said County's jurisdiction. BE IT FURTHER RESOLVED that an attested copy of this ordinance, to which shall be attached an attested copy of said Council's Ordinance No. 17725, providing regulations restricting the height of structures and objects, and otherwise regulatin the use of property in the vicinity of the Roanoke Municipal Airport, creating certain airport zones within the several zoned districts of the City and defining the boundaries thereof by reference to an approved airport zoning map, tooether with a copy of the map referred to in said ordinance be transmitted by the City Clerk to the Board of Supervisors Of Roanoke County, in care of the Clerk of said Board. APPROVED ATT[~ qT · ~ · 176 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of October, 1967. No. 17775. A RESOLUTION expressing the Council's policy with reference to administration of certain provisions of Section 49 of the Comprehensive Zoning Ordinance - 1966, adopted August 29, 1966, as relates to applications for certificat, of occupance for nonconforming uses. WHEREAS, it has come to the attention of this Council that, despite the extension of time provided for in Resolution No. 17283, 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 resolution, whereby the owner or occupant of a use made nonconforming by said ordinance must make application to the Zoning Administrator for a certificate of occupance on or before February 28, 1967. NOW, 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 January 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 res'olution to the Zoning Administrator. APPROVED ATTE ST ~ /City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINII%, The 9th day of October, 1967. No. 17776. AN ORDINANCE mthorizing the construction of sanitary sewer mains and laterals to serve the properties situate on both sides of Brookside Lane, S. E., between a point 55 feet northerly from Rutrough Road, S. E., and Woodland Road, and on both sides of Woodland Road, S. E., between Plateau Road, S. E., and the easterly end of Woodland Road, one-half of the total cost of which is proposed to be assessed upon the landowners when the cost shall have been ascertained and the other proceedings held as provided by law; creating a committee to ascertain the cost of such improvements and to assess and apportion such cost equally between t~ City and abutting landowners who may be served by said sewer and before whom said landowners 177 may appear with reference to such assessement or apportionment; directing that negotiations be had for the acquisition of all requisite easements; providing for notice to abutting landowners of the hearing or hearings before said committee; and providing for an emergency. WHEI~EAS, public hearings have been held before the Council as provided and in accordance with the provisions of Article 2, Chapter 7, Title 15.1, of the Code of Virginia, i950, on the question of constructing the public sanitary sewer improvements hereinafter described, the cost of which is to be assessed equally between the City and the landowners abutting said improvements and to be served thereby, no such assessment, however, to be made in excess of the peculiar benefits resulting therefrom to such abutting landowners; and WHEREAS, at the aforesaid public hearings, there appeared before the Council certain of the landowners who voiced their approval of the project as proposed and, in the opinion of this Council, the proposed sewer improvement should be ordered, the Council deeming the same to be of general benefit to all of the properties which might be served thereby; and WHEREAS, for the usual daily operation of the municipal government, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows 1. That the construction of a sanitary sewer line to serve the properties abutting on both sides of Brookside Lane, S. E., between a point 55 feet northerly from Rutrough Road, S. E., and Woodland Road and on both sides of Woodland Road, S. E., between Plateau Road, S. E., and the easterly end of Woodland Road, the cost of which improvements, when the same shall have been ascertained, shall be assessed or apportioned equally between the City and th.e landowners served thereby, be, and said pubiic improvement project is hereby authorized and, when the plans therefor have been finalized, the City Manager is authorized and directed to advertise for bi( for the construction thereof. 2. That 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, eac of whom is an official of the City, are hereby appointed and shall constitute a committee to whom is hereby referred the matter of the aforesaid public improvement, the cost of which, when the same shall have been ascertained by said committee, is t be assessed and apportioned equally between the City and the abutting landowners served thereby, as provided by la~. 3. That the City Manager cause plans and specifications to be prepared for the aforesaid improvement and estimates to be made of the total cost thereof and, thereafter, to cause advertisement to be published for bids for the making of said improvements and, further, and if necessary to promptly negotiate for the acquisitio by the City of any easements required for the construction of the aforesaid public improvement. 4. That the aforesaid committee shall, after conducting a hearing or hearings as provided by law, ascertain and report to the Council the proper assessmen or apportionment of the total cost of such improvement between the City and the landowners abutting on and served by said improvement; said committee, prior to such hearing or hearings, to notify said abutting landowners when and where they may appear before said committee to show cause, if any they or any one of them can, against such assessment or apportionment, such notice~o b~ given by. one or more of th, methods provided in the aforesaid statute, as to which method said committee may decide and direct. 5. Upon completion of such hearing or hearings, the said committee shall make a written report of its findings and recommendations to this Council. BF. IT FURTHER 0RDAINF.D that, an emergency existing, this ordinance shall be in full force and effect upon its passage. A P PR,O V E D ATT E ST: / /Cit~ Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of October~ 1967. No. 177~f. A RESOLUTION authorizing the owner of Lot 9, Section T, as shown on the Map of.Williamson Groves, Official No. 3070906, to construct thereon a proposed ne~ building, upon certain terms and conditions. WHEREAS. application has been made to the Council by Robert S. Bateman, owner of the property hereinafter described, represented by his attorney, that permission be granted said owner to construct a building on said property, his application for a building permit made to the Building. Commissioner boring been properly denied because of certain planned, future highway construction shown to affect said property on Plate 83 of the Cityy's Major Arterial Highway Plan heretofore approved by the Council; and WHEREAS, said owner has advised the Council that, should the permission herein contained be granted and a building on said property be constructed as propose said owner will agree that, upon any later order or request of the City .Council, give or made by resolution of the Council adopted within five (5) years from the passage of this resolution, to remove all or such part of said new structure which would exist within the area shown on aforesaid Plate 83 for construction of said exit ramp, such building or part thereof will be forthwith removed from the setback area at no cost or expense to the City of Roanoke; and _!.,79 WHEREAS, the Council, upon due consideration of ali said matters, is will- ing to authorize and permit the construction of the proposed new building in the aforesaid area to the extent of and upon the express terms and conditions hereinafte~ provided. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that, upon acceptance of the terms, conditions and provisions contained herein in the manner hereinafter provided, Robert S. Bateman or the record owner thereof be and is hereby authorized and permitted to construct a new building on Lot 9, Section T, according to the Map of Williamson Groves, Official No. 3070906, within a portion of the area shown on Plate 83 of the City's Major Arterial Highway Plan whereon there is proposed the future const~ction of a certain highway exit ramp, provided, however that such permit be exercised by the said Robert S. Bateman or other record o~ner upon the following express terms, conditions and covenants which shall be deemed to run with the title to the aforesaid property and be binding upon the owner or owners thereof for a period of five (5) years next following the adoption of this resolution, to-wit: 1. That the permission herein contained shall be in the nature of a license, revocable within five (5) years next following the adoption of this resolution at the will of the Council of the City of Roanoke; and that upon any such later revocation of said license by the Council of the City of Roanoke, expressed by ordinance or resolution of the City Council, the said Robert S. Bateman or other record owner, their heirs or assigns and then owners of the aforesaid lot, will promptly and upon demand of said City Council, take do~n and remove, without cost or expense to the City, such portion or portions of any building or extensions as may be constructed within the area sho~n on Plate 83 of the City's approved Major Arterial Highway Plan for provision Of an exit ramp from Interstate Spur 581 to 1~illiamson Road; 2. That the construction of any building or structure erected on the aforesaid lot shall be commenced only after application for a building permit has been made and such permit has been duly issued in accordance with the Building Code requirements of the City of Roanoke; and 3. That the said Robert S. Bateman and his wife, or the record o~ner or owners of said property, shall, prior to exercising any of the privileges granted by this resolution, for and on behalf of themselves, their heirs and assigns, execute under seal and acknowledge their signatures on the original draft and at least one attested copy of this resolution, as evidence of their agreement to the terms and conditions hereinabove enumerated and set out, the attested copy of this resolution, executed and acknowledged as aforesaid, to be forthwith recorded by the City Clerk, at the expense of the aforesaid licensee, in the Clerk's Office of the Hustings Court of the City of Roanoke. ATTE ST: Signed, sealed and acknowledged by the undersigned, in consent and agreement to the terms and provisions of the aforesaid resolution, which shall constitute covenants running with the title to Lot 9, Section T, as shown on the Map of Williamson Groves, and which is further designated as Official No. 3070006 on the Tax Appraisal Map of the Ci~ of Roanoke, this day of October, 1967: (SEAL) Robert S. Bateman (SEAL) STATE OF VIRGINIA) ) CITY OF ROANOKE ) To-w it: I, , a Notary Public in and for the City of Roanoke, in the State of Virginis, do hereby certify that whose names are signed to the foregoing Resolution No. and consent agreement dated , have each personally appeared before me in my City and State aforesaid and acknowledged the same· GIVEN under my hand this My commission expires: ATTE ST: City Clerk day of October, 1967: Notary Public APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of October, 1967. No. 17778. A RESOLUTION proclaiming the period from October 23rd through October 3la 1967, as' "Roanoke College Week," in the City of Roanoke. WHEREAS, Roanoke College, founded as an educational institution in Augusta County, Virginia, in 1842, but moved to the Town of Salem, in Roanoke Count~ in 1847, is this year celebrating the 125th anniversary of its founding, and has scheduled and announced a year-long series of events to be publicly conducted under the theme of "A New Man for a New Age," the first of which public events is to take ~lace at the College on October 23-24, 1967; and WHEREAS, this Council deems it highly appropriate that this body and the residents of the City of Roanoke take steps to recognize the vital educational, cultural and moral force which Roanoke College, as an educational institutidn of higher learning, has supplied in the Commonwealth of Virginia and, particularly, in the Roanoke Valley Community. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Mayor be and he is hereby authorized and empowered by this Body to officially 181 proclaim the week and a day period from October 23rd through October 31st, 1967, as "Roanoke College Week," in~e City of Roanoke; and said Council further requests and recommends to the residents of said City that they join with Coiiege authorities and with other residents of the Roanoke Valley Community in participation in the year-long series of public events to be conducted by Roanoke College, commencing on October 23, 1967; and to otherwise assist and support said College authorities in celebration of the 125th anniversary of said College. ATTE ST: City Clerk A P PR 0 V E D Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of October, 1967. No. 17769. AN ORDINANCE authorizing and providing for the City's lease of certain premises in the City Market Building to 'Total ~ction Against Poverty in Roanoke Valley for a term of years, upon certain terms, provisions and conditions. WHEREAS, by adoption of its Resolution No. 17636, the Council expressed its intent and willingness to lease to Total Action Against Poverty in Roanoke Valley for a term of five years certain areas in the City Market Building for the use by said agency in its conduct of a program for'the benefit of senior citizens of the Roanoke Valley area; and WHEREAS, a form of lease has been prepared under date of September 1, 1967, and presented to the Council for consideration, and the Council, considering the same and after agreeing to a change whereby the City would agree to supply to the lessee the electricity used for the operation of the elevator and the 4 space heaters mentioned in said lease, is on opinion to approve said lease and direct that it be executed and delivered on behalf of the City. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City do lease unto Total Action Against Poverty in Roanoke Valley for a term of five (5) years commencing as of the 1st day of September, 1967, certain interior premises in the City Market Building, heretofore known and used as a gymnasium and auditorium, on the third floor of said building, together with a non-exclusive but joint right to use the four (4) toilet spaces on the second floor and the stairways on the Campbell Avenue and Salem Avenue sides of said building, for the sole use as place to conduct said agency's Senior Citizens' Program as set out in the lease to be executed between the parties and for no other purpose, at an agreed annual rental of $15,776.80 per year for said premises but the actual payment of which rent is hereby 182 waived by the City as the City's contribution to the aforesaid agency and its said Senior Citizens' Program and upon all of the other terms, conditions and provisions of that certain form of lease heretofore prepared by the City Attorney and exhibited to the Council, a copy of which said lease form drawn under date of September ,1, 1967 and containing only the changes herein provided is on file in the Office of the City Clerk; and the Mayor and the City Clerk shall be, and they are hereby authorized, directed and empowered, upon proper execution of said lease agreement by Tot. s1 Action Against Poverty in Roanoke Valley, to execute, seal, attest and acknowledge the same respectively, on behalf of the City of Roanoke, delivering an executed copy thereof to said agency. APPROVED ATTE ST: /City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of October, 1967. No. 17781. A RESOLUTION approving a comprehensive plan and authorizing and approving additional low-rent housing for Project No. VA. 11-4 proposed to be erected by the City of Roanoke Redevelopment and Housing Authority. WHEREAS, Council for the City of Roanoke did, by Resolution No. 10363., adopted on January 30, 1950, authorize and approve the execution on behalf of the City of Roanoke of the Cooperation Agreement between the City of Roanoke and the City of Roanoke Redevelopment and Housing Authority for the construction of 900 units of low-rent housing to be developed and 1. ocated within the corporate limits of the City of Roanoke; and WHEREAS, pursuant thereto said Cooperation Agreement dated January 31, 1950, was entered into between the said City of Roanoke and City of Roanoke Redevelopment and Housing Authority; and WHEREAS, pursuant thereto, there was erected 600 units of low-rent housing by the City of Roanoke Redevelopment and Housing Authority within the corporate limit of the City; and WHEREAS, by Resolution No. 15911, adopted on July 13, 1964, it was resolved by the Council of the City of Roanoke that there is s need in the City of Roanoke for an additional 300 units of low-rent housing, that the City of Roanoke Redevelopment and Housing Authority should proceed with the planning and surveys, and such other steps as are necessary in the development of a development program for an additional 300 units of low-rent public housing in the City of Roanoke and the preparation of th~ comprehensive plan for the construction thereof for submission to the Council. of the ~71t~; nf l~nnnnl~a an~] that (~n.no~l fn~ th~ ~lt~ nf I~nannl~a [t'I~t t h~ hnY~-n~{nn h~ J. 83 the City of Roanoke Redevelopment and Housing Authority from the Housing Assistance Administration of preliminary loan funds for the purpose of preparing said development program and comprehensive plan; and WHEREAS, Council for the City'of Roanoke by Resolution No. 16585 adopted on August 16, 1965 approved a development program and comprehensive plan for the site improvement and erection of 105 low-rent dwelling units and such project is n~ being constructed; and WHEREAS, Council for the City of Roanoke by Resolution No. 17710 adopted o~ September 5, 1967 approved a development program and comprehensive plan for the site improvement and erection of 96 low-rent dwelling units; and WHEREAS, a development program and comprehensive plan for the erection of 80 low-rent dwelling units on an approximately 20 acre site, located generally north of Watts Avenue, N. W., situated between 16th and 19th Streets extended northerly, designated by the City of Roanoke Redevelopment and Housing Authority as Project VA. 11-4 has been prepared by the City of Roanoke Redevelopment and Housing Authorit and submitted to this Council for approval by it; and WHEREAS, by virtue of Sections 36-19.1 and 36-19.2 of the 1950 Code of Virginia, as amended, such comprehensive plan for such Project and the additional low-rent housing therein proposed to be constructed is required to be authorized and approved by this Council; and WHEREAS, it appears that the development and construction of said 80 low-rent dwelling units is necessary to enable ~aid Authority to proceed at this tim~ with the planning, development and execution of the Kimball Urban Renewal Project R-46 in the City of Roanoke, Virginia; and WHEREAS, various part~es~ both in favor of and opposing said Project VA. 11-4, have appeared before Council at various times and have been afforded an opportunity to express their various views relative thereto, all of which this Counc has considered; and WHEREAS, said plans for said proposed Project VA. 11-4 have been reviewed by the Planning Department of the City of R0anbke and have been found to be in conformity with the Zoning Ordinance of the City of Roanoke. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the development program abd comprehensive plan for the site improvement and erection of said 80 low-rent dwelling units by the City of Roanoke Redevelopment and' Housing Authority, designated by it as Project No. VA. 11-4, submitted to this Council, are hereby authorized and approved by this Council. APPROVED ATTEST: Mayor 184 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The I6th day of October, 1967. No. 17782. A RESOLUTION providing for the appointment of five freeholders, any three of whom mayact, as viewers in connection with the application of Blue Ridge Transfer Co., Inc., to permanently vacate, discontinue and close tha.t certain portion of Mohaw Avenue, N. iq. (fermerly Florida Avenue, N. iq.) as hereinafter described. IqHEREAS, it appearing to the Council of the City of Roanoke, upon the application of Blue Ridge Transfer Co., Inc., that said applicant did on October 2, 1967, 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, as amended, a notice of its application to the Council of the City of Roanoke, Virginia, to close the following portion of Mohawk Avenue, N. iq.: A certain portion of I/ol/awk Avenue, N. iq. (formerly Florida Avenue, N. iq.) and, specifically, that portion of Mohawk Avenue which runs in an east-west direction from Hollins Road on the east to the Norfolk and iqestern Railway (Shenandoah Valley Division) tracks on the west, between Block 30, and Lots 7 - 11, and Lots 18 - 23, in Block 31, Deanwood Terrace, on the south, and Block 37, and Lots 7 - 16, in Block 38, Deanwood Terrace, on the north, 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 th Market House (Salem Avenue entrance), and at 311 Second Street, S. E., as provided by law, ail of which is verified by an affidavit of the Deputy Sergeant for the City of Roanoke .appended to the application addressed to the Council requesting that the hereinabove described portion of Mohawk Avenue, N. iq., be permanently vacated, discontinued and closed; and IqHEREAS, 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 hereinabove described portion of Mohawk Avenue, N. iq.; and IqHEREAS, the applicant has requested that five viewers, any three of whom may act, be appointed to view said portion of Mohawk Avenue, N. iq., herein sought to be permanently vacated, discontinued and closed and report in writing, as required by §15.1-364, Code of Virginia, as amended. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, ¥irginia, that Messrs. A. Bo Coleman, L. Elwood Norris, iqilliam M. Harris, Robert K. Rector and James L. Trinkle, any three of whom may act, be, and they hereby are, appointed as viewers to view the aforesaid unopened portion of Mohawk Avenue, N. iq., and report in writing, pursuant to the provisions of §15.1-364, Code of Virginia, as amended, whether in their opinion any, and, if any, what inconvenience sould result from vacating, discontinuing and closing the said portion of Mohawk Avenue, N. iq., as hereinabove described. APPROVED 185 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of October, ,1967. No. 17763. A RESOLUTION providing for the appointment of five freeholders, any three of whom may act, as viewers in connection with the application of the Estate of F. E. Davis to permanently vacate, discontinue and close those certain unopened, paper alleys located in the City of Roanoke, Virginia, as hereinafter described. WHEREAS, it appearing to the Council of the City of Roanoke, upon the application of the Estate of F. E. Davis, that said applicant did on October 2, 1967 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, as amended, a notice of its application to the Council of the City of Roanoke, Virginia to close the following two unopened, paper alleys: (1) An alley running in an east-west direction through Block 13, Roanoke Development Company Map, Section 3, and bounded on the east by Irvine Street, on the south by the northern boundary line of Lots 14, 15, 16, and 17, on the west by another alley sought to be vacated and on the north by the southern boundary line of Lot 13; and (2) A certain 20-foot alley running in a north-south direction between ~Iock 13, Roanoke Development Company Map, Section 3, and a certain 2.02B-acre tract shown on the said map, and bounded as follows; On the east by Lots 1 - 14, Block 13, Roanoke Development Company Map, Section 3, on the south by Roanoke Avenue, on the west' by the said 2.02B-acre tract, and on the north by the terminus of the said alley, and that a copy of said notice was posted at the front door of the Courthouse of the Hustings Court of Ihe City of Roanoke, virgipia (Campbell ...... Avenue entrance), at the Market House (Salem Avenue entrance), and at 311 Second Street, S. E., as provided b law, all of which is verified by an affidavit of the Deputy Sergeant for the City o Roanoke appended to the application addressed to the Council requesting that the hereinaboYe described alleys be permanently vacated, discontinued and closed; and W~EREAS, 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 hereinabove described certain alleys; and WHEREAS, the applicant has requested that five viewers, any three of whom may act, be appointed to view said alleys herein sought to be permanently vacated, discontinued and closed and report in writing, as required by §15.1-364, Code of Virginia, as amended. 186 THEREFORE, BE IT~SOLVED by the Council of the City of Roanoke, Virginia, that Messrs. A. B. Coleman, L. Elwood Norris, William M. Harris, Robert K. Recter and James L. Trinkle, any three of whom may act, be, and they are hereby, appointed as viewers to view the aforesaid alleys, and report in writing, pursuant to the provisions of ~15.1-364, Code of Virginia, as amended, whether in their opinion any, and, if any, what inconvenience would result from vacating, discont~nuing and closing the said alleys as hereinabove described. A P P.R 0 V E D Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of October, 1967. No. 17784. AN ORDINANCE to amend and reordain Section ;;58, "Street Repair," and Section ;;62, "Snow and Ice Removal," of the 1967-6B Appropriation Ordinance, and providing for an eme~rgency. WHEREAS, for the usual daily operation of the Municipal Government 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 ;;58, "Street Repair, and Section ;;62, "Snow and Ice Removal, of the 1967-68 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part; STREET REPAIR Vehicular Equipment -Replacement (1) .................... $23,580.60 SNOW AND ICE REMOVAL ;;62 Operat. ional and Construction Equipment - New (2) .................................................. $ 3,549.40 (1)' Net decrease-- $839.40 (2) Net increase-- -$339.40 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The.16th day of October, 1967. No. 17785. AN ORDINANCE to amend and reordain Section =65, "Airport,? of the 1967-68 Appm priation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~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) ................... $3,025.00 Other Equipment - New (2) .............................. 75.00 (1) Net decrease $75.00 (2) Net increase- -$75.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: / City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of October, 1967. No. 17786. 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 Glendale Oaks Subdivision, located outside the corporate limits of the City, upon certain terms and conditions. WHEREAS, the owner of the property hereinafter described located outside ti corporate limits of the City, adjacent to an existing B-inch water main of the City, has made application to the City for extension of said water main into the subdivisi hereinafter mentioned and to provide connections therefrom to approximately lB lots located in said subdivision; 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 main extension ~nd 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 J. 88 mains now installed or a new O-inch water main through June Drive in the Glendale Oaks Subdivision situate north of the corporate limits, southwest of State Route 110 and northwest of Green Ridge Road, and metered connections to the eighteen (18) lots or premises laid out in said subdivision', all s'uch water main extension and service connections to be made in full compliance with the provisions established for extensions and 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 ATTE ST: ............. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of October, 1967. No. 17787. A RESOLUTION consenting to the assignment of a right to maintain a certain encroachment under a portion of an alley running parallel to Sixth Street, S. W. WHEREAS, by Ordinm ce No. 11670, heretofore adopted b~ the Council, permission ~as granted to Roanoke Mills, Incorporated, to install and maintain certai: oil storage tanks under a portion of an-alley hereinafter mentioned, such permit bain, subject to certain terms and conditions set out in said ordin~e; and. WHEREAS, Roanoke ~il~, Incorporated, to ~hom said permit was granted, later meroed into Tully-Starrett Corporation a~d, by virtue of said merger, ceased to exist as a corporate entity, and, later, Tull~-Starrett Corporation transferred to a new ~holly-o. ned Virginia subsidiar~, chartered under the ne. name of Roanoke ~ills. Incorporated, the assets formerly owned by said older Roanoke ~ills, Incorporated, including the right contained in the aforesaid permit, and in said written assionmeat dated the 30th day of September, 1967, said assignee, Roanoke Mills, Incorporated, covenanted and aoreed to perform and discharge all of the obligations imposed on or assumed by the older, no. dissolved Roanoke ~ills, Incorporated, under the terms and provisions of Ordinance No. 11679 abovementioned; and ~HEREAS, the parties to said assignment have requested that the Council give the City's consent to the assignment of the rights provided under Ordinance No. 11670, aforesaid, and, in evidence thereof, execute a certain consent agreement attached to and made a part of the aforesaid assignment, a copy of .hich said agree- .~.. ~.a ~.~.t rn~m {~ n. ~{]~ {. tb~ Offica of the City Clerk. 189 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said City doth hereby consent to the assignment by Tully-Starrett Corporation to Roanoke Mills, Incorporated, its newly formed Virginia subsidiary corporation, of such right as are contained in Ordinance No. 11679 of the City Council providing for the installation and maintenance of certain oil storage tanks under a portion of an alley running parallel to Sixth Street, S. W., in the City of Roanoke, as described in said ordinance, it to be fully understood and agreed that the right to continue and to maintain such alley encroachment shall continue to be subject to all of the terms and conditions set out in the aforesaid ordinance, the same to be fully perfor and discharged by the aforesaid assignee, Roanoke Mills, Incorporated. BE IT FURTHER RESOLVED that the City Manager be, and he is hereby authorized and directed, for and on behalf of the City, to execute on the form attached to that certain written assignment from Tully-Starrett Corporation to Roanoke Mills, Incorporated, a Virginia corporation, now on file in the Office of the City Clerk, the City's consent to the aforesaid assignment of permit between said two corporations, a copy thereof to be thereupon delivered to said corporations. ATTE ST: Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of October, 1967. No. 17788. A RESOLUTION approving, in principle, proposals contained in a certain report entitled "A Program for Beautification and Open Space Improvement," made by the Department of City Planning. WHEREAS, there was recently transmitted to the Council a report of the De merit of City Planning, entitled "A Program for Beautification and Open Space Improvement," prepared as a supplement to said Department's 1963 report entitled "Parks, Playgrounds and Open Spaces" and being a part of the City's Comprehensive Plan, said firstmentioned report having been referred to the Council after its consideration and adoption by the City Planning Commission; and WHEREAS, the Council, upon consideration of said latest report, which presents insummary form the public projects for urban beautification for which Federal funds have been or are to be ,requested and,. in addition, contains proposals of said Planning Department intended to supplement the matters contained in the aforesaid 1963 report, agrees in principle with the recommendations contained in sa latest report. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council approves, in principle, the report of the Department of City Planning, S m~d t- 1( 190 entitled "A Program' for Beautification and Open Space Improvement," oriented, primarily, to the City of Roanoke but developed, also, in recognition of beautification and open space needs of the entire Roanoke Valley area, and intended to supplement the 1963 report of said Department entitled "Parks, Playgrounds and Open Spaces" as an integral part of the City's Comprehensive Plan. BE IT FURTHER RESOLVED that the City Manager cause to be transmitted atte~l copies of this resolution to all agencies and individuals concerned with implementat of the City's program for beautification and open space development. APPROVED ATTE ST: Mayor IN THE COUNCIL OF THE CITY OE ROANOKE, ~IRGINIA, The 16th day of October, 1967. No. 17769. AN ORDINANCE awarding a contract for painting and pigeon control service on the Wasena Bridge, upon certain terms and conditions; accepting a certain bid mad~ to the City for performing said work; and providing for an emergency. WHEREAS, at the meeting of Council held on October 2, 1967, and after due and proper advertisement had been made therefor, one (1) bid for furnishing all tools, ~chines, labor and materials, except paint, for painting and pigeon control service on the Wasena Bridge was opened and read before the Council whereupon said bid was referred to a committee appointed by the Council te study the same and to make rePor't and recommendation thereon to the Council; and WHEREAS, after negotiation ~th the only bidder, which negotiations having resulted in a reduction of $1,700.00 in the amount of the bid, providing the City extend the workigg time to 125 days from the date of notice to proceed with the work the committee recommends that the reduced bid of L. R. Brown, Sr., Paint Company, Incorporated, be accepted, in which recommendation the Council co ncum. WHEREAS, there has been appropriated by the Council a sum suffic~nt 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 L. R. Brown, Sr., Paint Company, Incorporated, to furnish all tools, machines, labor and materials, except paint, for painting and pigeon control service on the Wasena Bridge, as described in the City's plans and specifications, for a lump sum of $21,250.00, cash, upon satisfactory completion of said work, said sum being the net amount of said company's bid after deducting $1,700.00 from its original proposal, be and said bid is hereby ACCEPTED; ~d 191 (2) That the Cit.y Manager and City Clerk be, and they are hereby authorized and directed, for and on behalf of the City, to execute and to seal and attest, respectively, the requisite contract with the aforesaid bidder, the same to incorporate a provision extending to 125 the number of working days after notice to proceed with the work, the .terms and conditions of this ordinance, said bidder's proposal and the City's plans and specifications made for said work; said contract to be upon such form as is -approved by the City Attorney, and the cost of the work when completed, to be paid .out of funds heretofore or presently being appropriated by the Council for the purpose. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in full force and effect .upon its passage. APPROVED 'ATTE ST: ~/ity Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of October, 1967. No. 17790. AN ORDINANCE authorizing certain contracts to be entered into with certain hospitals to provide hospitalization and treatment of indigent or medically indigent patients; fixing certain rates to be paid for such services; and providing for an emergency. WHEREAS, the City Manager has advised the Coun'cil that the State Department of welfare and Institutions has established certain new rates for the treatment by hospitals of indigent and medically indigent patients, t.o be effective as of July 1, 1967, 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 for services so rendered after said dst and .... WHEREAS, for the. usual daily operation.of the munici pal government an emergency is declared to exist in order that th is ordinance be effective upon its passage and retroactive in its effect to July 1, 1967. 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 treatment .and inpatient care of the City's indigent and medically indigent patients at the [following commencing as of July 1, 1967, viz: daily rates, 192 Community Hospital of Roanoke Valley Gill Memorial Hospital Jefferson Hospital Lewis-Gale Hospital Roanoke Memorial Hospital Shenandoah Hospital Medical College of Virginia University of Virginia .Hospital $37.46~ per day 37.46 per day 32.53 per day 32.53 per day 27.66 per day 30.39 pet day 37.46 per day 37.46 per day BE IT FURTHER ORDAINED that each aforesaid contract provide, further, for the City's payment for o.utpatient and/or emergency room service for its indigent or medically indigent patients at the all-inclusi~e rate of $5.00 per visit. BE IT FINALLY ORDAINED that, an emergency existing, this ~ dinance shall be effective upon its passage and shall be retroactive in its effect to July l, 1967 ATTE ST: ~ity Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of October, 1967. No. 1779 1. AN ORDINANCE to amend and reordain Section ~56, "Engineering, of the 1967-68 Appropriation Ordimmce, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the Ci~ty of Roanoke that Section.=56, "Engineering," of the 1967-68 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: ENGINEERING ~56 Operating Supplies and Materials (1) .................. $9,158.50 Office Furniture and Equipment - Replacement (2) ....................................... 1,041.50 (1) Net decrease ---,$341.50 (2) Net increase $341.50 BE IT FURTHER ORDAINED that, an emergency existino, this Ordinance shall be in effect from its passage. APPROVED Ma y or 193 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of October, 1967. No. 17779. 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. 227, 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 tract of land containing 6.3 acres, more or less, located on the southerly side of Hershberger Road, west of Grandview Avenue, N. W., beinG a portion of a trac of land originally containing 25.269 acres, more or less, known as Official Tax No. 2270208, and described as follows: Beginning at a point on the southerly side of Hershberger Road, west of the intersection of the westerly line of a private road leading from Hershberger Road into Grandview Apartments Develop- ment; thence with said private road, S. 6o 45' E. 130 feet to a point; thence continuinG with said private road, on a curve to the right, whose radius is 570 feet, an arc distance of 126.84 feet, to a point; thence leaving said private road and with said Grandview Apartments Development property, N. 84o 00' W. 153 feet to a point; thence continuin9 with the same, on a curve to the right, whose radius is 417 feet and whose chord is S. 30o 8' W., an arc distance of 351.29 feet, to a point; thence con- tinuing with the same, S. 54o 16' W. 70 feet to a point; thence leavin9 said Apartments Development property, S. 52o 19' 30" W. 160 feet, more or less, to the line of the Huff estate property; thence with the same, N. 37o 40' 30" W. 445 feet, more or less, to an iron pin corner on the southerly side of HershberGer Road; thence with the same, N. 54o 40' E. 241.84 feet to an iron pin corner; thence continuing with the same, on a curve to the right' whose radius is 929.93 feet, whose chord is N. 68o 57' 30" E. an arc distance of 463.92 feet, to an iron pin corner on the same; thence continuing with the same, N. 83o 15' E. 133.56 feet to the place of Beginnin9, rezoned from RG-1, 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-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, relatin9 to Zonin9, have been published and poste, as required and for the time provided by said section; and WHEREAS, the hearin9 as provided for in said notice was held on the 16th day of October, 1967, at 2 p.m., before the Council of the City of Roanoke, at which hearin9 all parties in interest and citizens were Given an opportunity to be heard, both for and against the proposed rezoninG; and WHEREAS, this Council, after 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, relating to ZoninG, and Sheet No. 227 of the Sectional 1966 Zone Map, City of Roanok, be amended in the following particular and no other, viz.: 194 Property located on the southerly side of Hershberger Road, west of Grandview Avenue, N. W., containing 6.3 acres, more or less, and being a portion of a tract of land originally containing 25.269 acres, more or less, described as hereinabove set forth, designated on Sheet 227 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax No. 2270208, be, and is hereby, changed from RG-1, General Residential District, to C-2, General Commercial District, and that Sheet No. 227 of the aforesaid map be changed in this respect. APPROVED ATTE ST: .. .c'. / City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of October, 1967. No. 17780. AN ORDINANCE permanently vacating, discontinuing and closing that certain alley 12 feet in width, lying south of and parallel to Melrose Avenue, N. W., in the City of Roanoke, Virginia, between Melrose Avenue and Salem Turnpike, the center line of which alley extends from 23rd Street in an easterly direction approximately 158.79 feet to Salem Turnpike, as shown on Sheet No. 232 of the Tax Appraisal Map of the City of Roanoke, Virginia, in Block 99, of the Map of the Melrose Land Company. WHEREAS, The Colonial-American National Bank of Roanoke, Frith-Kelly, Inc., and W. Price Fields and Estelle C. Fields have 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 that certain alley above described, of the filing of which petition due notice was given to the public as required by law; and WHEREAS, in accordance with the prayer of said petition, viewers were appointed by the Council on the 14th day of August, 1967, 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 o.n August 24, 1967, that no inconvenience would result either to any individual or to the public from permanently vacating, discontinuing and closing said alley; and WHEREAS, Council at its meeting on August 14, 1967, referred the petition to the City Planning Commission, which Commission by its report dated September 7, 1967, and filed with Council, recommended that the petition to vacate, discontinue and close the above described alley be approved; and 195 WHEREAS, a public hearing was held on the question before the Council at its regular meeting on October 16, 1967, after due and timely notice thereof published in The Roanoke World-News, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on the question; and WHEREAS, from all of the foregoing, the Council considers that no incon- venience will result to any individual or to the public from permanently vacatin9, discontinuing and closing the alley, as applied for by the petitioner, 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 12 feet in width, lyin9 south of and parallel to Melrose Avenue, N. W., in the City of Roanoke, Virginia, between Melrose Avenue and Salem Turnpike, the center line of which alley extends from 23rd Street in an easterly direction approximately 158.79 feet to Salem Turnpike, as shown on Sheet No. 232 of the Tax Appraisal Map of the City of Roanoke, Virginia, in Block 99, of the Map of the Melrose Land Company' be, and it hereby is, permanently vacated, discon- tinued 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 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 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 23rd day of October, 1967. No. 17792. 196 as amended, which section provides certain regulations as to nonconforming lots of record and sets out and prescribes the uses permitted to be made of such lots; and providing for an emergency. WHEREAS, the Council on its own motion has proposed an amendment as hereinafter provided of Section 36, Article VI, Chapter 4.1 of Title XV of the Code of the City of Roanoke, relating to certain zoning regulations, and referred said proposal to the Planning Commission which has approved and recommended the same; and WHERF. AS, 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 23rd day of October, 1967, 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 WH~.REAS, upon the Council's due consideration of the whole matter, said Council is of opinion that Section 36, Nonconforming Lots of Record, Article VI, Chapter 4.1, of Title XV, relating to Zoning, of the Code of the City of Roanoke, 1956, as amended, which section provides certain regulations as to nonconforming lots of recora ana sets out and prescribes the uses permitted 'to be m~de of such lots, s'hould be amended as proposed and as set out in the notice of said public hearing and as hereinafter provided; and ~HEREAS, for the usual daily operation of the municipal government an emergency is declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec. 36. Nonconforming Lots of Record, Article VI, Chapter 4.1, of Title XV, relating to Zoning, of the Code of the City of Roanoke, 1956, as amended, providing certain regulations as to nonconforming lots of record and prescribing the uses permitted to be made of .such lots, be, and said section is hereby amended and reordained, to read and provide as follows: Sec. 36. Nonconforming Lots of Record. In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory building may be erected on any single undeVeloped lot of record at the time of passage or amendment of this ordinance, provided that such lot cannot be combined with another adjoining undeveloped lot or lots under the same ownership in order to establish a lot or lots conforming to the require- ments of this ordinance. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, generally applicable within the district, provided that yard dimensions and other requirements except those applying to area or width of the lot, or both, shall be complied with as for other residences in the same district, unless the board of zoning appeals shall issue a variance. If two or more undeveloped lots or combinations of lots and portions of lots with continuous frontage under single ownership are of record at the time of passage or amendment of this ordinance, and if all or part of the lots do not meet the minimum requirements for lot width and area herein estab- lished, the lots involved shall be considered an undivided parcel for the purposes of this ordinance, and no portion of such lots or parcel shall be used or sold in a manner to diminish compliance with the requirements of this ordinance as to lot width and area, nor shall any re-subdivision of the parcel be made which leaves remaining, in single ownership, t;vo or more lots or combinations of lots with continuous frontage any one of which has less than the width or area required of lots in such subdivision, unless a waiver of such requirements be made by the Subdivision Agent, upon applica- tion and for good cause shown pursuant to the City's land subdivision regulations. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in force and effect upon its passage. APPROVED ATTEST: .~City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of October, 1967. No. 17793. 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 Washington Junior High Improvements (1) ................ $480,486.12 (1) Net increase $109,778.55 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATT EST: / /City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of October, 1967. No. 17794. 198 WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~13000, "Schools - Miscellaneous," of the 1967-68 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS - MISCELLANEOUS ~13000 New Careers Program (1) (2) .............................. $ 8,802.86 (1) 100% reimbursed by TAP (2) Net increase- $2,376.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: /City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of October, 1967. No. 17795. A RESOLUTION authorizing the City's participation in Total Action Against Poverty in Roanoke Valley's "New Careers Program," upon certain terms and con- ditions. WHEREAS, the Council has heretofore, by Resolutions No. 17533 and No. 17659, authorized the City Manager to arrange, through Total Action Against Poverty in Roanoke Valley, for the City's use of certain young men and women to participate in the work of certain of the City's departments for varying periods of time, they to be compensated for their services by the Federal Government; and WHEREAS, the City Manager has now recommended that the Council approve the City's participation in said agency's "New Careers Program" of employment, sponsored under the Bureau of Work Programs of the Department of Labor and to be conducted and supervised by said Total Action Against Poverty in Roanoke Valley, which new program would permit certain additional persons, consisting mainly of high school drop-outs between the ages of 22 and 35 years, to gainfully render services in the City's Health, Public Library and Welfare Departments. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized to permit and arrange with Total Action Against Poverty in Roanoke Valley for the use of the services of approximate- ly sixteen (16) persons, said persons to consist mainly of high school drop-outs between the ages of 22 and 35 years, for the purposes set out and described in said City Manager's report to the Council made October 23, 1967, said persons to be 199 assigned by and under the general supervision of Total Action Against Poverty in Roanoke Valley in the conduct of its "New Careers Program," said persons to be so assigned immediately and engaged to perform approximately forty hours of work per week in the City's aforesaid departments, and to be paid out of Federal funds allocated to said Program wages at the rate of $1.40 per hour, the period of employment hereunder to extend until August 15, 1968. APPROVED ATT EST: / / City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of October, 1967. No. 17796. A RESOLUTION authorizing the acceptance of certain awards made by commissioners in condemnation proceedings brought for the acquisition of Parcel No. 030 and Parcel No. 075 being acquired for the City's State Route 24 Project. WHEREAS, the Council havin'g heretofore directed by ordinance the acquisition by condemnation of the parcels of land hereinafter described, needed for the construction of the City's State Route 24 Project, and authorized the payment of certain express sums therefor out of appropriations made by the Council for the project; and commissioners appointed by the Court of Law and Chancery of thc City of Roanoke in the condemnation proceedings brought to acquire said properties for the City having, on recent occasions, made their report to the Court in said proceedings, fixing as the amounts of compensation and damages to be paid by the City for said parcels sums in excess of the amounts heretofore authorized to be paid into Court as the City's offer for said properties; and the Council having appropriated contemporaneously herewith an additional sum sufficient for payment of the increased awards of said commissioners and of the interest required by law to be paid by the City on the difference between its aforesaid offer and said awards; and WHEREAS, the City Manager and the City Attorney' have, with the concurrence of the Commonwealth of Virginia, Department of Highways, recommended to the Council that the Council, by resolution, accept the terms of said commissioners' awards as hereinafter provided. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said City doth accept the reports and awards 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 the following described properties needed for the City's State Route 24 Project 0024-128-101, RW-201, and said Council doth hereby authorize and direct the City Auditor to draw and deliver to the City Attorney the City's checks for the additional sums hereinafter set out opposite the property descriptions and the names of said properties' former owners, in pay- ment of the additional sums necessary to meet said awards of 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 the condemnation proceedings herein pending involving said properties, namely: ProPerty Name of Owner Additional Sum Parcel 030 John H. Windel and W. E. Jennings $873.00 plus interest on said sum at the rate of 5% per annum from March 21, 1966, amounting to $70.00, aggregating a total additional sum of $943.00. Parcel 075 William C. Bova $1,381.00 plus interest on said sum at the rate of 5% per annum from March 21, 1966, amounting to $141.00, aggregating a total additional sum of $1,522.00. APPROVED ATTEST: /gity Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of October, 1967. No. 17797. AN ORDINANCE providing to owners of improvements or appurtenances on lands being acquired by the City as right-of-way for Federal-aid highway projects an option of retaining said improvements or appurtenances upon certain terms and conditions; and providing for an emergency. WHEREAS, the Council is advised that the United States Department of Transportation, Federal Highway Administration, and the Commonwealth of Virginia, Department of Highways, require that owners of improvements or appurtenances on lands being acquired as right-of-way for Federal-aid highway projects be allowed the option of retaining said improvements or appurtenances at a retention value predetermined by the State or by the acquiring agency, and that buildings or improvements located in right-of-way being acquired by the City for such projects must be offered for sale back to the landowner at such pre-determined value in the City's negotiations with said landowner; and WHEREAS, the Council is further advsied that there are located within certain of the parcels of land being acquired for the City's Route 460 Project 0460-128-102, RW-201, certain buildings or improvements, or portions thereof, which, under the aforesaid rule or requirement, must be offered back to said owners at their predetermined values; 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 in the negotiations conducted for the acquisition by the City of right-of-way for Federal-aid highway projects, the owner or owners of buildings or other improvements located in such right-of-way be offered the option of purchasing or retaining at predetermined values to be established as provided by regulations or directives of the United States Department of Transportation, Federal Highway Administration, those buildings or other improvements which are located within the right-of-way needed to be acquired by the City from such owner or owners for said projects and, upon exercise by any such owner or owners of the option of purchasing or retaining and removing from the right of way being acquired by the City the building or improvements located in such right-of-way, and upon payment to the City of the predetermined value of said building or improvements and the posting of satisfactory bond to insure to the City the prompt removal of the same from said right-of-way, such owner or owners shall have the right to keep ano remove from such right-of-way the building or improvements so retained and report thereof shall be mace by the City to the Department of HighNays and to the City Auditor who shall credit all sums received by the City as the predetermined value of such improvements to the appropriate account maintained for each said project. 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 23rd day of October, 1967. No. 17798. AN ORDINANCE providing for the removal of certain buildings and structures from property recently acquired by the City as a part of its clear zone for its north-south Municipal Airport Runway by accepting certain bids made to the City; providing for the award of certain contracts for the performance of said work, upon certain terms and conditions; and providing for an emergency. WHEREAS, at the meeting of the Council held October 16, 1967, and after due and proper advertisement had been made therefor, two (2) bids for the removal 201 2O2 of certain buildings and structures from the property recently acquired by the City from the Church of God of the State of ¥irginia for use as a portion of its Municipal Airport north-south runway clear zone were received, opened and read before the Council, whereupon both said bids were referred to a committee for tabulation and study and report back to the Council; and ~qHEREAS, said committee has reported that upon a study of said bids and upon conferring with both said bidders, said committee recommends that the lowest and best bids received for the performance of said work agreeable to both said bidders are as hereinafter set out, and should be accepted by the City, in order th the property of the City acquired for clear zone purposes may be cleared of the obstructions caused by the buildings and structures now on said property but to be removed by the aforesaid bidders under the terms of the contracts hereinafter authorized to be entered into; and the Council has appropriated funds sufficient to pay the cost to the City of the contract hereinafter authorized in paragraph numbered 2 to be entered into, with Branch and Associates, Inc.; and WHEREAS, for the usual daily operation of the municipal government and of the City's Municipal Airport Department, an emergency is deemed to exist in orde that this ordinance take effect upon its passage. THEREFORE, BF. IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the bid of J. C. Trail to remove from the City's north clear zone property the assembly building on the former Church of God property in said clear zone and to grade the site of said building to ground level, removing all material and trash and debris resulting from said removal, without cost to the City but the said J. C. Trail to have and possess and remove from said property all salvageable materials in said building be, and said bid is hereby ACCEPTED; 2. That the bid of Branch and Associates, Inc., to remove the ten buildings on the abovedescribed property for the cash sum of $4,850.00, agreed by said bidder to 'be reduced by the sum of $475.00 if said bidder be not required to remove the assembly building mentioned in paragraph 1., supra, resulting in said bidder's proposal to remove the remaining nine (9) buildings on said property and to grade the sites of said buildings and to remove all material, trash and debris, resulting from such removal, for the cash sum of $4,375.00, be, and said bid is hereby ACCEPTED; ~ 3, That the City Manager be, and is hereby authorized and directed to enter into requisite contracts with each aforesaid bidder providing for the proper performance of the aforesaid work, to be done in accordance with the City's specifications and requirements advertised therefor and after said contractors have obtained all necessary permits for the performance of said work and have furnished to the City proof of adequate public liability insurance approved by'the City Manager and posted such bond as is required by the City Manager to assure prompt and satisfactory performance of the aforesaid work; and 2O3 4. That, upon satisfactory performance by Branch and Associates, Inc., of its contract to remove the abovedescribed nine (9) buildings from said clear zone property as set out in paragraph 2., supra, the City Auditor be, and he is hereby authorized and directed to pay said Branc'h and Associates, Inc., the full sum of $4,375.00, cash, in payment of the aforesaid contract price, charging said payment to the Council's appropriation heretofore made for the purpose. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage. APPROVED ATT EST: / -- City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of October, 1967. No. 17799. AN ORDINANCE authorizing the relocation of a portion of the City's 16-inc water main extending from the City's underground water reservoir on the 35-acre property of the Commonwealth of Virginia, State ~oara of Community Colleges on Colonial Avenue, S. W., to Brambleton Avenue, S. W.; and providing for an emergency WHEREAS, upon the City's conveyance of a certain 35-a'cre tract of land situate on the north side of Colonial Avenue, S. W., to the Rector and Visitors of the University of Virginia by a certain deed dated June 3, 1965, the City expressly reserved in a portion of said land a perpetual easement and the right to use and maintain a certain underground water reservoir located on said land and a 25-foot wide right-of-way for a 16-inch water main extending northeasterly from said reservoir to other property owned by the City and, thence, to Brambleton Avenue, the approximate location of said reservoir and water main being shown on the copy of Plan No. 4916 attached to the aforesaid deed of conveyance; and WHEREAS, all of said tract of 35 acres was thereafter conveyed by the City's aforesaid grantee to the Commonwealth of Virginia, State Board of Community Colleges, by a certain deed bearing date of July 1, 1966, which said conveyance was made subject to the easements in favor of the City reserved in the aforesaid deed of June 3, 1965; and WHEREAS, the City Manager has recommended to the Council that a portion of the aforesaid 16-inch water main near the aforesaid reservoir be relocated into a new 25-foot wide right-of-way parallel to and westerly of the existing water main relocating, also, an altitude valve and other fixtures and appurtenances now installed in said water line; and said City Manager has presented to the Council '204 a plan prepared by the City's Water Department numbered 67-27, dated October 11, 1967, and entitled "Relocation of a 16" Water Main ~ Easement at City Farm Reservoir," showing the proposed relocation of that portion of said water main and its related appliances, and has advised the Council that the whole expense of relocating said water main is offered to be borne by Virginia Western Community College, an agency of the aforesaid owner; and WHEREAS, for the usual daily operation of the municipal government and of said City's Water Department, 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 doth hereby consent to the relocation of that certain 263 foot portion of its 16-inch water main, altitude valve and other related appliances which extends from its underground water reservoir on the 35-acre Virginia Western Community College site northeasterly to other property of the City and, thence, to Brambleton Avenue, S. W., as its aforesaid relocation is shown on Plan No. 67-27, prepared by the City's Water Department under date of October 11, 1967, a copy of which plan is on file in the Office of the City Clerk, provided, however, that the entire cost or expense of all such relocation be borne by Virginia Western Community College or by the Commonwealth of Virginia, State Board of Community Colleges, and that all such relocation be accomplished in strict conformity with plans and specifications approved by the City Manager and after there has been granted to the City a perpetual easement and the full right and privilege to keep, use, maintain, repair or replace the 16-inch water main within the 25-foot wide right-of-way shown on the aforesaid Plan No. 67-27 to be provided therefor, such deed of easement to be upon such form as is first approved by the City Attorney. BE IT FURTHER ORDAINED that, upon the granting to the City of the easement aforesaid for said new 25-foot wide right-of-way and upon proper relocatior of said 16-inch water main and related appliances into said new right-of-way or upon the giving of satisfactory assurance to the City that the satisfactory reloca- tion of the same will be made without expense to the City, the Mayor and the City Clerk shall be and are hereby authorized and directed to execute such deed or other instrument as is approved by the City Attorney providing for the City's release and abandonment of that portion of said existing right-of-way and easement which is shown on the abovementioned plan to lie between the two ends of said new 25-foot wide right-of-way and to be abondoned. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage. APPROVED ATT ES T: / City Cl~rk - ~' Mayor 205 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of October, 1967. No. 17800. AN ORDINANCE modifying and revoking certain provisions contained in Ordinance No. 4010, establishing building setback lines on 3rd Street, S. W., between Church Avenue and Franklin Road, S. W.; and providing for an emergency. WHEREAS, the Council is of opinion that a portion of the ten-foot building setback line heretofore established on the east side of 3rd Street, S. W., between Luck Avenue, S. W., and Franklin Road, S. W., heretofore established on July 1, 1932, by Ordinance No. 4010 should be disestablished and discontinued; and WHEREAS, for the usual daily operation of the municipal government and of its department of buildings and department of engineering, 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 that portion of the ten-foot building setback line heretofore established on July 1, 1932, by Ordinance No. 4010 on property lying on the east side of 3rd (Roanoke) Street, S. W., between Franklin Road, S. W., and the angle point in said line caused by the angle in the present east line of 3rd Street, S. ~., between Franklin Road and Luck Avenue be and said setback line on said east side of 3rd Street, S. W., between Franklin Road, S. W., and said angle point is hereby DISCONTINUED and DISESTABLISHED; the ten-foot building setback line heretofor established on the remaining portion of the east side of 3rd Street, S. W., between Luck Avenue, S. W., and said angle point and between Luck Avenue, S. W., and Church Avenue, S. W., and on the west side of 3rd Street, S. W., between Church Avenue, S. W., and Franklin Road, S. W., to remain in force and effect; and 2. That, an emergency existing, 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 23rd day of October, 1967. No. 17801. AN ORDINANCE authorizing and providing for the extension of certain sanitary sewer collector lines and water distribution mains'to connect to and serve 206 certain properties located outside the City's corporate limits, upon certain terms and conditions; authorizing the City's execution of an agreement relating thereto; authorizing the acquisition of certain easements necessary to permit of said extensions, and providing certain terms and conditions to be attached thereto; and providing for an emergency. WHEREAS,~ a proposal in the form of a written agreement dated October 2, 1967, has been tendered to the City by Arrow Wood Country Club, Inc., proposing that the City agree to extend certain of its sanitary sewer collector lines and water distribution mains to connect to certain other similar lines and mains installed or to be installed within a new subdivision owned and being developed by said corpora- tion adjacent to the north corporate limits of the City and including, within said subdivision, land leased by the City to said corporation for open space, golf course uses, said corp.oration offering to furnish and provide for the City, without cost, if said proposal be accepted, all necessary easements, permits and rights-of- way for the City's extension of its said facilities, to transfer and assign to the City the title and ownership of all such sewer lines and water mains as have been or will be installed within said subdivision, and to pay certain costs of the connection of such extensions to the systems of mains and lines in said subdivision and, upon certain contingencies, to share in or bear the cost to the City of constructing the new extension of its existing sewer and water mains or lines to connect to those in the property of said corporation, all of which proposal,~ being reduced to written agreement executed by said corporation and filed with the City Clerk, has been considered and studied by the City Council; and WHEREAS, and it appearing to the Council that the development of said corporation's land as so proposed and the development of other areas of adjacent land to which the City's facilities could be made available and usable is desirable, and would be beneficial to the Roanoke Valley community, but that there are not presently available to said developers any public water or sanitary sewer systems capable of serving said developments, other than those of the City which are proposed to be extended to said area, and that the City is not at the present time under any other obligation with respect to the provision of such municipal services or facilities in said area and, therefore, that the proposal of said corporation should be accepted and extensions of the City's sanitary sewer collector lines and water mains should be constructed by the City as set out and proposed in said written agreement; and WHEREAS, for the usual daily operation of the municipal government and for the immediate preservation of the public health and safety, an emergency is deemed to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows 1. That the proposal of Arrow Wood Country Club, Inc., made in the form of a written agreement to be entered into between the City and said corporation and dated the 2nd day of October, 1967, providing for and setting out the terms, 2(]7 provisions and conditions upon which the City would agree to construct certain extensions of its existing sanitary sewer collector mains or lines and extensions of its water distribution mains or lines so as to connect to the system of sanitary sewer lines and water distribution mains or lines now installed or to be installed within the boundary of the Arrow Wood subdivision, the property of said corporation, for the use of the property owners and occupants of said new subdivision and, also, for the use of the owners of other properties through which such line' extensions may be made by the City, be and is hereby ACCEPTED by the City; and the Mayor and the City Clerk be and are hereby authorized and directed to execute for and on behalf of the City and to seal and attest, respectively, that certain written agreement drawn under date of October 2, 1967, between Arrow Wood Country ClUb, Inc as party of the first part, and the City of Roanoke, as party of the second part, already executed under seal on behalf of said Arrow Wood Country Club, Inc., settin, out the terms, conditions and provisions whereby the City will undertake to con- struct the terms, conditions and provisions whereby the City will undertake to construct and make available to said owners and users the aforesaid extensions of its sanitary sewer collector lines and water distribution mains; and said Council doth ratify and approve each and all of the terms, provisions and conditions contained in said written agreement dated the 2nd day of October, 1967, a copy of which is on file in the Office of the City Clerk; 2. That there be trans£errea, granteQ or conveyed to the City by said Arrow Wood Country Club, Inc., by written instrument or instruments the ownership and title to the system of sanitary sewer collector lines or mains and the system of water distribution lines or mains installed or to be installed in the public streets, roads, .avenues, alleys, public utility easements or rights-of-way, or other public places within the boundary of the area of land known as the Arrow Wood subdivision and as shown on the Map of Arrow Wood of record in Plat Book 6, page 93, et seq., in the Clerk's Office of the Circuit Court of Roanoke County, Virginia 3. That there be accepted by the City and caused to be admitted to recor the several deeds of easement mentioned and described in paragraphs (1), (1)(a), (1)(b), (1)(c), (1)(d), and (1)(e) of the aforesaid agreement of October 2, 1967, it to be agreed and understood between the City and the grantor or grantors to the City of the sanitary sewer.easements mentioned and described in paragraphs (1)(a), (1)(b) and (1)(e) of the aforesaid agreement of October 2, 1967, that the City, by acceptance and recordation of each said deed of easement for sanitary sewer line extension, shall be deemed to have agreed with each said owner that the sanitary sewer collector line proposed to be constructed by the City within each such easement area will, in accordance with the terms and provisions of the aforesaid agreement of October 2, 1967, be so constructed by the City without expense to said owners and made ready for use no later than January 1, 1970; that the owner or owners of the residue land made subject to each such sewer easement shall thereafte 2O8 have the right, upon payment of such charges £or sewer connections and agreement for the payment of such charges for sewage transmission and treatment as may thereafter from time to time be generally established by the City for privileges and services, connect their premises to and be served by said sanitary sewer collector line and sewage treatment facilities, all such connections, however, to be made in accordance with the City's general rules and regulations provided £or such connections; that the grantors of the sanitary sewer easement set out and described in paragraph (1) (b) of the aforesaid agreement of October 2, 1967, shall have the additional right to connect not more than one (1) trunk line to the a£oresaid seNer collector l~ine within.the sewer easement area provided on said owner, s' property without payment of any spegial connection fee or charge other than that charge made by the Cit~y as an inspection fee o7 charge, but the title and ownership ~ of any such trunk line so connected to said collector line, together with an adequate easement and right-of-way for said trunk ~ine sewer to be trans- ferred or granted by such owners to the City; and that the City, its agents and contractors, in constructing and, thereafter, operating and maintaining the sewer co~lector lines ~ithin said easement areas, ~ili take reasonably proper precautions against damage or injury to persons and property, ~ill not leave gates and fences open and unattended, will attempt not to unreasonably cause damage to the premises through which said easements run, and ~ill, as ~ar as is reasonably possible, restor said premises to their previous condition, a~ter construction of said seNer collector line and upon any subsequen~ repair o~ maintenance thereof, and the City Manager is hereby authorized and empowered to extend, by letter or otherwise, to each said property owner granting to the City an easement for the construction of a portion of the sewer collector ~ine extension herein m~ntioned,, an assurance and commitment on the part of the City to the extent provided in this paragraph; and 4. That the City Manager do cause to be advertised the City'~ invitations ~or bids ~or contracts to be let by the City for construction o~ the abovementioned sanitary sewer collector lines and ~ater distribution mains in accordance with the City's p~ans and specifications prepared therefor, the same to be returnable to the Council ~or opening and consideration at an early date. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in f~rce and effect upon its passage. APPROVED ATT EST: ~ ~C.~'- 'City Clerk Mayor 209 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of October, 1967. No. 17802. A RESOLUTION declining the counter-proposal made and contained in a certain resolution of the Board of Supervisors of Roanoke County, adopted on October 20, 1967, with reference to certain sewage treatment matters; and rescinding and repealing Resolution No. 17703 relating to certain proposed amendments to a certain contract of September 2B, 1954, between the City and Roanoke County, and Resolution No. 17759 stating a position with reference to certain sewage treatment matters. WHEREAS, the members of the City Council have received copies of a certain resolution of the Board of Supervisors of Roanoke County adopted on October D~,which sad resolution, in effect, extends to the. City a counter-proposal for agreement between the parties pursuant to which the City would accept for treatment and treat the sewage and wastes originating in certain defined areas of the County described in resolutions adopted June 19, 1967, and July 17, 1967, by said Board of Supervisors and referred to in Resolution No. 17759 of this Council; and WHEREAS, said Board of Supervisors' resolution of October 20, 1967, making reference to its previous resolutions of June 19, 1967, and July 17, 1967, expressly disaffirms and revokes certain assurances to the City offered~d made by said Board in said two (2) resolutions and, making reference to this Council's Resolution No. 17703, states said Board's disagreement with and refusal of consent to certain of terms and provisions made as conditions to the City's proposal set out in Resolution No. 17703 of the City Council, abovementioned; and WHEREAS, in addition, said Board, in apparent misunderstanding of this Council's meaning or intent as intended to be expressed in Resolution No. 17759, ado by the Council on September 30, 1967, and directed to matters concerned with adding new or additional areas of land to those already provided for in the aforesaid contract of September 2B, 1954, stated in its resolution of October 20, 1967, aforesaid, the Board's unequivocal rejection of We City's offer stated as a matter of position in said Council's Resolution No. 17759. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows 1. That this Council declines to accept on behalf of the City the counter-proposal to the City on the part of Roanoke County made and contained in the resolution of said County's Board of Supervisors adopted October 20, 1967, copies of which were transmitted to the Mayor and Members of this City Council; and said Board of Supervisors is hereby so notified; and 2. That Resolution No. 17703, adopted August 28, 1967, relating to certai proposed amendments to the contract of September 2B, 1954, between the City of Roanoke and the County of Roanoke, and Resolution No. 17759, adopted September 30, 1967, stating certain position of the City with reference to certain sewage treatmen ed 210 matters, be, and each aforesaid resolution is hereby RESCINDED and REVOKED in its entirety. BE IT FURTHER RESOLVED that the City Manager do forthwith cause to be delivered to the Chairman and each {ember of the Board of Supervisors of Roanoke County, to the Clerk of said Board and to the Commonwealth's Attorney for Roanoke County an attested copy hereof. ATTEST: /City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of October, 1967. No. 17803. A RESOLUTION making an offer and proposal relative to the City's transmissi and treatment of sewage and acceptable wastes originating in certain areas of Roanoke County not heretofore incorporated into the contract of September 28, 1954, between said City and County. WHEREAS, the City of Roanoke seeks from the County of Roanoke and would be agreeable to an understanding to be entered into between the County and the City relating to the treatment of sewage and acceptable wastes from designated areas of th County not now incorporated into the contract dated September 28, 1954, existing between the parties, which said understanding might accommodate but be limited to the needs of certain new and active areas of the County. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the City of Roanoke herewith proposes and offers that, on application of the Board of Supervisors of Roanoke County expressed to this Council, said City will accept for transmission and treatment at a point or points on its system of interceptor and trunk sewer lines sufficient in size and capacity to adequately transmit the same the sewage and acceptable wastes originating in those areas of Roanoke County under subdivision and development for which application for sewage treatment has been heretofore made by said County to the City for sewage treatment but which have not heretofore been incorporated into the aforesaid contract of September 28, 1954, each such area to be so incorporated into said contract upon the terms and conditions as contained in said contract of September 28, 1954, between the City of Roanoke and the County of Roanoke, except as next herein provided; 2. That the rate of charge to be made by the City for treating wastes from the aforesaid new areas be on the basis of fifty-two dollars ($52.00) per million gallons of such new wastes. 2.11 affect said areas with respect to the procedures and policies of transmission and treatment of wastes therefrom. BE IT FURTHER RESOLVED that the City Manager do cause to be delivered to the Chairman and each Member of the Board of Supervisors of Roanoke County, to the Clerk of said Board and to the Commonwealth's Attorney for Roanoke County an attested copy of this Resolution. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of October, 1967. No. 17804. A RESOLUTION rescinding and revoking a certain unaccepted offer of the City made to the Town of Salem, relating to the proposed treatment of wastes from a certain 124.37 acre area of Roanoke County; and repealing Resolution No. 17720 of the City Council relating to a proposed amendment to a certain contract of October 16, 1953, between the City and the Town of Salem. WHEREAS, this Council, by Resolution No. 17720, adopted September 11, 1967 extended to the Council of the Town of Salem a counter-proposal with reference to said City's acceptance for treatment of certain wastes originating in a 124.37 acre area of Roanoke County described in said resolution and in a resolution of the Council of the Town of Salem adopted June 27, 1966; and WHEREAS, consent and agreement to the terms and provisions set out and contained in this Council's aforesaid Resolution No. 17720 have not been given and extended as provided in said resolution and this Council now considers it proper to revoke the proposal contained in said resolution, it intendin9 to hereafter propose other arrangements hoped to be found agreeable to said other Council and to others interested in the matter. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City's unaccepted offer as contained in this Council's Resolution No. 17720 to accept for transmission and treatment, under certain terms and conditions, wastes from a certain 124.37 acre area of Roanoke County, be, and is hereby RESCINDED and REVOKED; and that this Council's Resolution No. 17720, relatin9 to a proposed amendment to the contract of October 16, 1953, between the City of Roanoke and the Town of Salen~ dealing with the treatment of domestic wastes originatin9 in a certain 124.37 acre area of Roanoke County, be, and is hereby REPEALED. 2i2 BE IT FURTHER RESOLVED that the City Manager do cause to be delivered to the Mayor and to each Member of the Council of the Town of Salem, and to the Town Clerk, an attested copy of this resolution. ATTEST: /City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of October, 1967. No. 17B05. A RESOLUTION making an offer and proposal to the Council of the Town of Salem relative to the City's transmission and treatment of sewage and acceptable wastes originating in a certain 124.37 acre area of Roanoke County not heretofore incorporated into the contract of October 16, 1953, between said City and Town, or other contract. WHEREAS, the City of Roanoke is agreeable to entering into understanding between the Town of Salem and the City which would accommodate the needs of a certain 124.37 acre area of land in Roanoke County described in a certain resolution of the Council of said Town adopted June 27, 1966, and transmitted to this Council, as said needs relate to the transmission and treatment of wastes from said area. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows 1. That the City of Roanoke herewith proposes and offers to the Town of Salem that said City will accept for transmission and treatment the sewage and acceptable wastes originating in all or any specified part of that certain 124.37 ac: area of Roanoke County for which application for sewage treatment by the City has been heretofore made by said Town as set out in a certain resolution of the Council of the Town of Salem, adopted June 27, 1966, but which area has not heretofore been incorporated into the contract of. October 16, 1953, between said City and Town, except such part of such area as may have been annexed to said Town~ such new area to be so incorporated into said contract upon the terms and conditions contained in said contract of October 16, 1953, between the City of Roanoke and the Town of~Salem except as next herein provided; 2. That the rate of charge to be made by the City to said Town for treat- ing wastes from the aforesaid new area be on the basis of fifty-two dollars ($52.00) per million gallons of such new wastes. 3. That the proposal of agreement contained herein be deemed, upon its acceptance by the Council of the Town of Salem, to be subject to any arrangements later entered into between the City and the Town relating to the City's acceptance of sewage for treatment pursuant to the aforesaid contract. 2!3 BE IT FURTHER RESOLVED that the City Manager do cause to be delivered to the Mayor and to each Member of the Council of the Town of Salem, and to the Town Clerk, an attested copy of this resolution. ATTE ST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of October, 1967. No. 17Bll. A RESOLUTION calling attention to the Conference on "People, Religion and Change," scheduled to be held in the City on November 13th and 14th, 1967. WHEREAS, interested groups and citizens have arranged a conference to be held in the City on November I3th and I4th, next, to provide an opportunity for citizens of the community of various religions and philosophical persuasions and of various business and social interests to meet, together, and to consider and plan toward arriving at acceptable solutions of some of the present day critical human concerns; and WHEREAS, the Council considers the purpose, i.e., to face changing times to understand what is happening to people ... to find answers to pressing human needs ... to strengthen lines of communication and to prepare as individuals, under God, for positive community action, and proposal timely, to be constructive and to beneficially affect the community. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council calls to the attention of the members of this community the Conference on "People, Religion and Change," scheduled to be conducted November 13th and 14th, hex in the City of Roanoke and recommends that so many of the residents of this communit as are able attend and take part in the discussions and considerations to be had at said conference. ATTEST: / City Clerk A P P R 0 V E D Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of October, 1967. No. 17812. 214 WHEREAS, for the usual daily operation of the Munici pal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =25, "Clerk of Courts," of the 1967-68 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CLERK OF COURTS ;*25 Printing and Office Supplies (1) ....................... $ 4,560.00 Operating Supplies and Materials (2) ................... 7,399.00 (1) Net increase--- $ 975.00 (2) Net increase ............... 1,525.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: / City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of October, 1967. No. 17813. A RESOLUTION authorizing the removal of seven 2,500 lumen overhead incandescent street lights and the installation of eight 21,000 lumen underground mercury vapor street lights and nine 7,000 lumen overhead mercury vapor street lights in the vicinity of t~e Hurt Park Housing Project on the north side of Salem Avenue, S. W. BE IT RESOLVED by the Council of the City of Roanoke that the Appalachian Power Company be, and it is hereby, authorized to remove seven 2,500 lumen overhead incandescent street lights at the following locations as shown on the Appalachian Power Company map of proposed street light improvements for the area: Salem Avenue, S. W., at Fifteenth Street (AP Pole No. 253-7580) Salem Avenue, S. W., at Sixteenth Street (AP Pole No. 253-7583) Salem Avenue, S. W., at Seventeenth Street east (AP Pole No. 253-7585) Seventeenth Street, S. W., at Westview Avenue (AP Pole No. 253-7O97) Salem Avenue, S. W., at Seventeenth Street west (AP Pole No. 253-6505) Salem Avenue, $. W., at Eighteenth Street (AP Pole No. 253-6050) Westport Avenue, S. W., at Eighteenth Street (AP Pole No. 253-6047) BE IT FURTHER RESOLVED that the Appalachian Power Company be, and it is hereby, authorized to install eight 21,000 lumen underground 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 Seventeenth Street, S. W. Two on Westview Avenue, S. W. Two on Eighteenth Street, S. W. Two on Westport Avenue, S. W. BE IT FURTHER RESOLVED that the Appalachian Power Company be, and it is hereby, authorized to install nine 7,000 lumen overhead mercury vapor street lights at the following locations as shown on the Appalachian Power Company Map of proposed street light improvements for the area: Eight on Salem Avenue, S. W., from Fifteenth Street to Nineteenth Street One on Sixteenth Street, S. W., at Hurt Park Elementary School said lights to be maintained under the contract existing between the Appalachian Power Company and the City of Roanoke. ATTE ST: { ~ity Clerk A P P R 0 V E D Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of October, 1967. No. 17814. AN ORDINANCE to amend Article VI of Chapter 1, Title XVIII, of the Code of the City of Roanoke, 1956, as amended, relating to motor vehicles, by the addition of a new section prohibiting the leaving of any motor vehicles on any street or in any public p~ce with the ignition key left in the ignition lock, switch or system, or leaving the ignition system of such car in an unlocked position; prescribing a penalty for the violation of the provisions of this ordinance; and providing for an emergency. WHEREAS, of the reported number of automobile thefts, a large percentage o such thefts are reported to be of automobiles and other motor vehicles left unattendE with the ignition system unlocked, or with a key left in the ignition lock; and WHEREAS, this Council is of opinion that the regulatory provisions hereinafter contained are reasonable and necessary and, if observed, will aid in a large reduction of cases of automobile theft; and WHEREAS, for the immediate preservation of the public peace and safety, an emergency is declared to exist in order that this ordinance take effect immediately. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Article VI of Chapter 1, Title XVIII, of the Code of the City of Roanoke, 1956, as amended, relating to motor vehicles, be and said Article, Chapter and Title are hereby amended by the addition to said article of a new section, to be numbered Sec. 2Z5 '216 Sec. 85.1. Unattended automobiles;'ignition keys and locks; penalty for violation. (a) No owner, operator or other person driving or in charge of a motor vehicle shall cause or knowingly permit it to s tmd unattended on any street or in any public place with the ignition key left in the ignition lock, switch or system of such car or with the ignition system of such car in an unlocked position. (b) Any person violating this section shall be guilty of a misdemeanor and shall be punished by fine of two dollars and fifty cents. (c) The registered owner of a vehicle found in violation of this section shall be deemed prima facie responsible for any such violation. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in full force and effect upon its passage. APPROVED ATTE ST: C(ity Clerk May or IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of October, 1967. No. 17B15. AN ORDINANCE providing for the acquisition of one refuse compaction unit, complete with cab, chassis and loader assembly, upon certain terms and ,conditions; accepting the bid of Sanco Corporation 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 the meeting of the Council held on October 2, 1967, and after due and proper public advertisement having been made therefor, three (3) bids made to the City for furnishing and delivering to the City one (1) refuse compaction unit, complete with cab, chassis and loader assembly, for use of the City's Refu.se Collection and Disposal Department, were opened and read before the Council, whereupo 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 tabulatJ of all said bids and has reported to the Council that the bid submitted by Sanco Corporation is the lowest and best bid meeting all of the City's specifications and requirements made to the City for the supply of the aforesaid equipment and should be accepted; and that all said other bids should be rejected; and WHEREAS, there has been appropriated for the purpose a sum sufficient to pay the purchase price hereinafter authorized to be paid by the City 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 Sanco Corporation made to the City, offering to furnisl and deliver to the City, f.o.b. Roanoke, Virginia', one (1) new type DP 45-20 Dempste~ Dumpmaster mounted on a 1968 G.M.C. truck chassis, fully meeting all of the City's specifications and requirements made therefor, for a net purchase price of $16,352.0 cash, less 1/2 of 1% if payment is made within ten (10) days after delivery, be, and said bid is hereby ACCEPTED; and the City's Purchasing Agent be, and he is hereby authorized and directed to issue to said bidder a requisite purchase order for the aforesaid equipment, including therein the specifications and requirements made by the City for the supply of said equipment, said bidder's proposal, and the terms and provisions of this ordinance; and, upon delivery to the City of all of the aforesaid new equipment and upon said City's acceptance of the same, the City Auditor shall be, and he is hereby authorized and directed to make requisite payment to said bidder of the aforesaid purchase price, not ~ exceed the total sum of $16,352.00, cash, and 2. That the other bids made to the City for the supply of the aforesaid equipment be, and said bids are hereby REJECTED; the City Clerk to so notify said 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. ATTE ST: Ci~ty Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of October, 1967. No. 17816. AN ORDINANCE providing for the supply to the City of its annual requiremen of No. 1 fuel oil and No. 2 fuel oil; awarding a contract 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 23, 1967, and after due and proper advertisement had been made therefor, seven (7) 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 advertisemen 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 218 WHEREAS, said committee has reported to the Council in writing a tabulation of all said bids whereon it is shown that American Oil Company submitted the lowest and best net bid for the supply of. No. 1 fuel oil and ~lso, 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 bid of American Oil Company for the City's supply of No. 1 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. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the proposal of American Oil Company to furnish and deliver to the City its annual requirements of No. 1 and No. 2 fuel oil for the period beginning November 1, 1956, a :d ending October 31, 1968, 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 prices, namely: For No. I fuel oil: Tank wagon prices $ Less discount Net price to the City $ For No. 2 fuel oil: Tank wagon price $ Less discount Net price to the City $ .1710 per gal. .0395 per gal. .1315 per gal., and .1560 per gal. :0400 per gal. .1160 per gal.; the aforesaid prices being based on the current "Posted Consumer Tank Wagon Prices" at Roanoke, Virginia, to be adjusted to any increase or decrease of the. "Posted Consumer Tank Wagon Prices" in effect at Roanoke, Virginia, on day of delivery but the aforesaid discounts to remain unchanged throughout the contract period. be, and said proposal is hereby ACCEPTED; and the City Purchasing Agent be, and he is hereby authorized .and directed, for and on behalf of the City, to enter into requisite contract with or issue appropriate purchase orders to said company in accordance herewith and subject to the above-mentioned specifications and requirement;. BE IT FURTHER ORDAINED that the proposals of the other six (6) 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 shal express to each the City's appreciation for the submission of said bid. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall b in full force and effect upon its passage. ATTE ST: City Clerk aPPROVED Mayor 9 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of October, 1967. No. 17817. A RESOLUTION amending and r~eadopting Resolution No. 13422, heretofore adopted July 14, 1958, approving a committee's report with reference to use by the School Board of the City of Roanoke of the required portions of certain park lands for the purpose of erecting and/or operating certain public school buildings thereon; and conditionally 9ranting to said School Board the requi~te permission. WHEREAS, the Council has been requested by the School Board of the City of Roanoke to amend paragraph 2.(a) of Resolution No. 13422 so as to provide as a site for the proposed new South West Junior High School 23.1 acres of land iht he City's Fishburn Park, rather than 17 acres as provided in said former resolution, to which proposal the Council is agreeable. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that, agre able to the report of a committee composed of the City Manager, Chairman, the Chairma of the School Board and the City Attorney, bearing date the 10th day of July, 1958, and on file in the office of the City C3~rk, and to the recent request of the School Board as contained in its written communication to the Mayor and Members of the City Council dated October 19, 1967, the School Board of the City of Roanoke is hereby granted permission to include in its planning and to use for the erection and/or operation of public school buildings the required portions of land herein described in the public parks hereinafter mentioned; provided, that the Joint Use Policies as set forth in Resolution No. 13236, adopted by this Council on the llth day of November, 1957, shall govern the use of such school buildings, and, also, the residue of such park lands, viz: 1. Shrine Hill (a) For a senior high school; approximately 35 acres situate at the northeast portion thereof, fronting on Grandin Road and on Old Persinger Road; (b) For an elementary school; approximately 14 acres situate at the southwest portion thereof, fronting on Grandin Road; 2. Fishburn Park (a) For a junior high school; approximately 23.1 acres thereof fronting on Overland Road, S. W., and being as shown outlined in red on the plot plan attached to the School Board's communication to the Mayor a, nd Members of City Council dated October 19, 1967, on file in the office of the City Clerk; (b) For an elementary school; approximately 12 acres situate on the eastern end thereof (which formerly constituted a part of the Alms House Farm), fronting on Colonial Avenue and Overland Road; and 3. Thrasher Park (a) For an elementary school; approximately 5 acres situate at the eastern portion thereof, fronting on the Vinton Mill Road. 220 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of October, 1967. No. 17818. A RESOLUTION expressing the Council's appreciation to Piedmont Airlines for recently providing to many underprivileged children of the Roanoke Valley free flights in its aircraft. WHEREAS, at the request of the Vice-President of the United States, Mr. Hubert H. Humphrey~, Piedmont Airlines.has recently given over 400 local underprivile children the experience of riding in airplanes by scheduling 15 to 20 minute free flights over the Roanoke Valley for groups of these ch. ildren in Piedmont's Martin 404 Airliners; and WHEREAS, the Council wishes to express its gratitude to Piedmont Airlines for its generosity in providing underprivileged children of the area with a most memorable experience. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, that this Council, for itself and on behalf of the citizens of the City, does hereby extend thanks to Piedmont Airlines for its exemplary generosity in giving over 400 area underprivileged children the opportunity of riding in aircraft and viewing the Roanoke Valley from the air. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to attest and transmit a copy of this resolution to Mr. Arthur Whittaker, Roanoke Manager of Piedmont Airlines. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of October, 1967. No. 17820. AN ORDINANCE amending in part Ordinance No. 17674, heretofore adopted by the Council as an emergency measure on August ll 1967, which said Ordinance No. 17674 provided for the acquisition by the City of certain parcels of land in fee simple and of certain easements in land needed by the City for the widening and improvement of Orange Avenue, N. E., U. S. Route 460; and providing for an emergenc WHEREAS, by i~ Ordinance No. 17 674, duly adopted as an emergency measure on August 14, 1967, in connection with the widening and improvement of Orange Avenue, N. E., U: S. Route 460, the Council authorized and directed the acquisition r;.., ~ 4..a~ ~]{~ Pnrepl DT~ from its owner. Louse Morris Goodwin, for th, ed WHEREAS, upon reappraisal of the values involved in acquiring Parcel 076 the City is advised that additional damages of the value of $250.00 may have been omitted from the former appraisal, and that the Department of Highways having approved the new appraisal, the owner has been found willing to accept the sum of $1,269.00 in full payment for land, easement and all such damages, and has tendered an option in writing to the City offering to sell and convey all the necessary right to the City for the total sum of $1,269.00; 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 that portion of Ordinance No. 17674, adopted on August 14, 1967, providing for the acquisition of Parcel 076, Project 0460-128-102, RW-201, be amended and reordained to read and provide as follows: Parcel 076, bein9 a 600 sq. ft. easement area and 750 sq. ft. of land in fee in a certain lot or parcel of land shown and described on the Tax Appraisal Map of the City as Official No. 3340622, from Louise Morris Goodwin for the cash sum, includin9 all damages, of $1,269.00 BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in full force and effect upon its passage. ATTE ST: Clerk APPROVED May or IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of November, 1967. No. 17806. AN ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, and Sheet No. 307, Sectional 1966 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have property located on the south side of Sycamore Avenue, N. E., between Courtland Road and Williamson Road, known as 130 Sycamore Avenue, N. E., and described as Lots 23 and 24, Block B, Williamson' Groves, Official Tax No. 3070248, rezoned from RD, Duplex Residential District, to C-2, General Commercial District; a 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; Id 222 WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 7I, Chapter 4.1, Title XV, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, have been published and posted as required and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the 30th day of October, 1967, 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. 307 of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz.: Property located on the south side of Sycamore Avenm, N. E., between Courtland Read and Williamson Road, described as Lots 23 and 24, Block B, Williamson Groves, designated on Sheet 307 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax No. 3070248, be, and is hereby, changed from RD, Duplex Residential District, to C-2, General Commercial District, and that Sheet No. 307 of the aforesai map be changed in this respect. ATTE ST: APPROVED [~ay or IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The ~6th day of November, 1967. No. 17808. AN ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, and Sheet No. 121, Sectional 1966 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have that certain property consisting of three lots on the southwest corner of Salem Avenue, S. W., at 12th Street, S. W., in the City of Roanoke, Virginia, and being known as 1202 Salem Avenue, S. W., Roanoke, Virginia, and more particularly described as follows: Lots 9, 10 and 11, inclusive, of Block 34 of the F. Rorer Map of ~the City of Roanoke, Virginia, having Official City of Roanoke, Virgin~, Tax Nos. 1212107 for said Lots 9 and 10, and 1212106 for said Lot 11, rezoned from RG-2, General Residential District, to LM, Light Manufacturing District; and 223 WHEREAS, the City Planning 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, relating to Zoning, have been published and posted as required and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the 30th day of October, 1967, 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, I956, as amended, relating to Zoning, and Sheet No. 121 of the Sectional I966 Zone Map, City of Roanoke be amended in the following particular and no other, viz.: That certain property consisting of three lots on the southwest corner of Salem Avenue, S. W., at 12th Street, S. W., in the City of Roanoke, Virginia, and being known as 1202 Salem Avenue, S. W., Roanoke, Virginia, and more particu~rly described as follows: Lots 9, 10 and 11, inclusive, of Block 34 of the F. Rorer Map of the City of Roanoke, Virginia, having Official City of Roanoke, Virginia, Tax Nos. 1212107 for said Lots 9 and 10, and 1212106 for said Lot 11, be, and is hereby, changed from RG-2, General Residential District, to LM, Light Manufacturing District, and that Sheet No. 121 of the aforesaid map be changed in this respect. APPROVED ATTE ST: ty Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRCINIA, The 6th day of November, I967. No. 17809. 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. 128, Sectional 1966 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke t have all of that 1.65-acre tract of land, located on the south side of Colonial Avert S. W., in the City of Roanoke, Virginia, and further described in 2640 Colonial Avenue, S. ~q., Roanoke, Virginia, and further identified as Official Tax No. 1280301 224 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 30th day of October, 1967, 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. 128 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 Colonial Avenue, S. W., in the City of Roanoke, Virginia, described as 2840 Colonial Avenue, S. W., designated on Sheet 128 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax No. 1280301, be and is hereby, changed from RG-1, General Residential District, to RG-2, General Residential District, and that Sheet No. 128 of the aforesaid map be changed in this respect. A P P R 0 V E D ATTE ST: //City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of November, 1967. No. 17B19. AN ORDINANCE providing for the sale of a certain 0.84 acre parcel of land situate on the south side of Edinburgh Street, S. W., easterly of Franklin Road, S. W., upon certain terms and conditions; and providing for the widening and improve. merit of a portion of Edinburgh Street extending easterly from Franklin Road, S. W. WHEREAS, a written offer tendered on behalf of Graves-Humphreys, Inc., to purchase and acquire from the City the 0.84 acre parcel of land hereinafter describe~ was heretofore referred by the Council to the City Planning Commission for considera' and report back to the Council, said offer being coupled with a proposal for the widening and improvement of a portion of Edinburgh Street, S. W., with Graves-Humphr~ Inc., offering to share equally with the City the payment of allcosts of such street widening and improvement; and on ys, 225 WHEREAS, said City Planning Commission, having considered the proposal and the fact that said 0.B4 acre parcel of land adjoins other property of the City known as South Roanoke Park and Playground and has been used for park purposes by the City, has unanimously recommended to the Council that the proposal of Graves- Humphreys, Inc. for the purchase of the aforesaid land and for the widening and improvement of a portion of Edinburgh Street be accepted by the City; and WHEREAS, it appears to the Council from an appraisal recently made of said 0.84 acre parcel of land that the purchase price offered the City therefor, namely, $13,172.54, is fair and reasonable, and should be accepted; and WHEREAS, the aforesaid street widening and improvement will, in the opinio of the Council, provide safer and more adequate access from Franklin Road to South Roanoke Park and Playground, and funds to pay the City's portion of the estimated cost of making such improvements 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 offer of Graves-Humphreys, Inc., to purchase and acquire from the City that certain parcel of land said to contain approximately 0.B4 acre, situat on the south side of Edinburgh Street, S. W., easterly from Franklin Road, and being the same land heretofore acquired by the City from Virginia Holding Corporation by deed of record in the Clerk's Office of the Hustings Court of the City of Roanoke in Deed Book 629, page 209, for a consideration of $13,172.54, cash, net to the City, said purchaser to provide and affix to the City's deed of conveyance such Federal revenue stamps as may be required upon the transaction, 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 to said purchaser, the same to be prepared by the City Attorney and to contain the City's general warranty and modern english covenants of title, subject to such easements or restrictions as may be of record affecting the City's title thereto. 2. That, upon payment to the City, or upon delivery by the aforesaid purchaser of written assurance approved by the City Attorney for payment of a sum equal to one-half (1/2) of the estimated cost of widening the westerly 27B feet, more or less, of Edinburgh Street so as to have at its entrance into Franklin Road and for approximately 125 feet easterly therefrom a uniform width of sixty (60) feet but thereafter decreasing in width to its existing 30-foot width at the easterly end of said improved section, of constructing thereon approximately 13,000 square feet of new paving, of installing 190 feet of new gutter and constructing approximately 1,500 square feet of new B-foot wide sidewalk on its southerly side easterly from Franklin Road, ali as shown on a certain plot plan prepared therefor by Thompson and Payne, Architects and Engineers, under date of August 26, 1967, a copy of which is on file in the Office of the City Clerk, the City Manager shall be., and he is hereby authorized and directed to cause to be published the City's 226 advertisement for bids for the widening and improvement of Edinburgh Street as hereinabove provided, all such improvements to be done in accordance with plans and specifications to be prepared by the City Engineer; it to be understood and agreed between the City and Graves-Humphreys, Inc., that, upon final determination of the actual cost of ail such improvements, the total cost thereof shall be borne equally between the City and the aforesaid purchaser. APPROVED ATTE ST: /City Clerk M~yor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of November, 1967. No. 17821. AN ORDINANCE to amend and reordain Section ~27, "Juvenile Detention Home," 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 =27, "Juvenile Detention Home," of the 1967-68 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: JUVENILE DETENTION HOME =27 Personal Services (I) ............................... $ 69,360.00 (1) Extra Help * $2,500.00 · Net increase-- 1,000.00 BE IT FURTHER ORDAINED that, an.emergency existing, this Ordinance shall be in effect from its passage. ATTEST: ~ity Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of November, 1967. No. 17822. AN ORDINANCE to amend and reordain Section ~27, "Juvenile Detention Home, of the 1967-68' Appropriation Ordinance, and providing for an emergency. 227 WHEREAS, for the usual daily operation of the Municipal Government of 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 1967-68 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: JUVENILE DETENTION HOME ~27 Other Equipment - Replacement (1) (2) ................ $ 246.00 (1) Net increase ....... $246.00 (2) Reimbursed by State BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall b in effect from its passage. ATTEST: APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of November, 1967. No. 17823. AN ORDINANCE to amend and reordain Section ~68, "Street Cleaning," 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 m68, "Street Cleaning," of the 1967-68 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: STREET CLEANING m68 Vehicular Equipment - Replacement (1) ................................... , $ 34,200.00 (1) Delete one cab and chassis with flusher, add front-end loader .... $10,500.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTE ST: / C/ity Clerk APPROVED Mayor 228 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of November, 1967. No. 17824. A RESOLUTION agreeing to the cancellation of a certain agreement entered into May 12, 1B99, between the Norfolk and Western Railway Company, as party of the first part, and the 'City of Roanoke and Virginia Bridge & Iron Company as parties of the second part, providing a permit for the maintenance of a certain underground water pipe line in the City of Roanoke. WHEREAS, the City of Roanoke heretofore entered into a certain written agreement under date of May 12, 1899, with the Norfolk and Western Railway Company and Virginia Bridge & Iron Company, pursuant to which the City and Virginia Bridge & Iron Company were granted a permit to use and occupy a certain right-of-way on the property of said Railway Company for the maintenance of a certain 4" underground water pipe line as shown on Plan N-4413 of said Railway Company; and WHEREAS, for sometime the aforesaid water pipe line has been unused and, at pre.sent, is in such disrepair as to be unusable and water necessary to supply the premises formerly owned by Virginia Bridge & Iron Company is now satisfactorily supplied from a tap on the City's water main in 9th Street, N. E., and no reason exists for the City to retain any right which was granted by said Railway Company in the aforesaid agreement of May 12, 1899; ,and WHEREAS, United States Steel Corporation, present owner of the property formerly owned by Virginia Bridge & Iron Company, and the Norfolk and Western Railwa Company, grantor of the aforesaid permit, have requested that the City co nsent to a termination of the permit from said Railway Company to the City and Virginia Bridge & Iron Company contained in the agreement of May 12, 1B99, aforesaid, the terminatio agreement to release the City from any further responsihi/~ty for said old water line and to provide that said old water line shall be and become the property of said Railway Company; and said other parties have tendered to the City for execution a cancellation agreement drawn and executed by said other parties under date of September 8, 1967; and WHEREAS, the City Manager has recommended to the Council that authority be given for the termination of the aforesaid permit and the City Attorney has approved for execution by the City the aforesaid written cancellation agreement drawn under date of September 8, 1967, a copy of which is on file in the Office of the City Clef THEREFORE, BE IT RESOLVED by the Council of the Ci.ty of Roanoke that said City doth hereby agree and consent to the termination of the permit heretofore grant said City and Virginia Bridge & Iron Company by the Norfolk and Western Railway Company by written agreement made and entered into by and between said parties on the 12th day of May, 1B99, for the use and maintenance of a certain 4" underground water pipe line over said property owned by said Railway Company and as shown on ~ai Railway Company's Plan N-4413 attached to said agreement; and the Mayor and the City d Clerk be, and they are hereby authorized, directed and empowered, on behalf of the City, to execute, seal and attest that certain cancellation agreement prepared and already entered into between Norfolk and Western Railway Company and United States Steel Corporation, under date of September 8, 1967, providing for the termination of the aforesaid permit and providing, further, that the City of Roanoke shall have no further responsibility for the maintenance of said old water line, that United States Steel Corporation shall not be required to remove said water line from the property of said Railway Company but that said water line shall be and become the property of said Railway Company. ATTE ST: / / City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of November, 1967. No. 17825. 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, a representative of 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 Nc~ 16855 of the Council, has referred said applicati to the Council for consideration, recommending that said water connection be approve, 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 outside the City's corporate limit the premises located at 3102 Harwood Street, N. E., described as Lot 3, Map of Vine- yard Gardens Annex, 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. 16655. APPROVED 230 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of November, 1967. No. 17826. A RESOLUTION authorizing the City's acceptance for transmission and treatment of acceptable sewage and wastes from an area of Roanoke County under development. WHEREAS, the Council is authoritatively advised of the desire of the Board of Supervisors of Roanoke County that acceptable sewage and wast'es from the two areas of land in Roanoke County under development, known as Section No. 1 and Section No. 21, Mountain View Court, and heretofore described by metes and bounds in certain resolut adopted by said Board of Supervisors on June 19, 1967, and July 17, 1967, respective be accepted by the City for treatment as proposed in this Council's Resolution No. 17803, and that said Board of Supervisors intends, at its next meeting on November 20 1967, to adopt formal resolution to such effect; and WHEREAS, the Council is advised that the City's trunk and interceptor lines which would be affected by such connection are reasonably sufficient in size and capacity to adequately handle the addtional sewage Bad on said lines. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that, pendin this Council's receipt or notification of formal request to be made by the Board of Supervisors of Roanoke County in the ~emises, the City Manager be, and he is hereby authorized and directed to permit of the making of such connections as will provide for the City's transmission and treatment of acceptable sewage and wastes from those two (2) certain areas of Roanoke County known as Mountain View Court, Section No. 1 and Section No. 2, as said areas are described in resolutions of the Board of Supervisors adopted June 19, 1967, and July 17, 1967, respectively, at the rates of charge and in accordance with the provisions of this Council's Resolution No. 17803; provided that arrangements satisfactory to the City Manager be entered into and agre upon with respect to the metering or measurement of the wastes to be so delivered to ions 1 , the City from said new areas. ATTE ST: /City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of November, 1967. No. 17827. A RESOLUTION authorizing the City Manager to approve a water main extension to certain premises located outside the corporate limits of the City, upen certain 231 WHEREAS, in view of the provisions of Resolution No. 16B55 of the Council, the City Manager has referred to the Council a certain request made to the City for connection to the City's water distribution system of certain premises located outside the corporate limits; and WHEREAS, upon study and consideration of said request the City's representatives and officials are of the opinion that the connection and extension so requested can be authorized without detriment to the aforesaid water system. 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 appropriate Department of the City, after proper written application shall have been made therefo the connection to the City's public water distribution system of premises outside the corporate limits, such connection and the services to be supplied thereby, to be in full compliance with the provisions established for such connections by Rule 38 of the Rules and Regulations for the operation of the City's Water Department, said connection to consist of water main extensions of the City's water system to serve the lots in a 12-acre tract of land lying in Roanoke County, known as Section No. 2, Mountain View Court, 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 ar 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. ATTE ST: /City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of November, 1967. - No. 17828. AN ORDINANCE repealing Ordinance No. 17757, heretofore adopted by the Council on September 30, 1967, which said Ordinance No. 17757 provided for certain improvements to the City's Elmwood Park; and providing for an emergency. WHEREAS, at its adjourned meeting of September 30, 1967, the Council adopted Ordinance No. 17757 providing for certain improvements to the City's Elmwood Park by the award of a contract for said improvements based upon a negotiation with the low bidder; and WHEREAS, the Council has been advised that in the opinion of the City Attorney and of the Department of Housing and Urban Development the award, as made, was improper and cannot be entered into; and that it is in the best interest of the 232 , it being the lowest and best bid City that said bidder s original proposal as made, meeting all the City's specifications and requirements for said improvements, be accepted; 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 ORDAINED by the Council of the City of Roanoke that this Council's Ordinance No. 17757, adopted on September 30, 1967, providing for the award of a contract for certain improvements to the City's Elmwood Park be, and said Ordinance is hereby REPEALED in its entirety. 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 6th day of November, 1967. No. 17829. AN ORDINANCE providing for certain improvements to the City's Elmwood Park; awarding a contract for said improvements based on the low bid made therefor; rejecting another bid; and providing for an emergency. WHEREAS, after due and proper legal advertisement had been made therefor, two sealed bids made to the City for the construction of the public improvements hereinafter described were received, opened and read before the Council at an adjourned meeting of said Council held on September 29, 1967, whereupon said Counci referred all such bids to a committee appointed by the Mayor, which committee was directed to retire and to tabulate and study said bids and to make its report back to the Council; and WHEREAS, said committee having performed its assignments, returned with its tabulation and report on said bids, reporting to the Council that the bid of Regional Construction Services, Incorporated, for the performance of said work, is the lowest and best bid made to the City for the performance of said work and that said bid is in proper form and appears to meet all of the City's specifications, plans and requirements made for said public improvements, and should be accepted, said low bidder having heretofore agreed in writing to extend the time in which the bid may be accepted, and that a contract be awarded said bidder, subject to the approval of the Department of Housing and Urban Development (Urban Beautificat and Improvement Program) thereon; and on 233 ~qHEREAS, funds sufficient to pay the cost of said improvements have been or are being appropriated by the Council for the purpose, and for the usual daily operation of the municipal government and in order that certain commitments made by the City to other public agencies may be timely performed, 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 Regional Construction Services, Incorporated, be employed by contract with the City for the construction of certain improvements to the City's Elmwood Park, consisting of certain modification and rehabilitation of the existing pool, construction of walks and terraces, wooden platforms, mechanical, electrical and other related work included in Phase I of the Elmwood Park Development Project as set out in the City's plans, specifications and requirements for the performance of said work, for the sum of $87,848.00 cash, upon satisfactory performance of all said work; and upon approval given by the Department of Housing and Urban Development (Urban Beautification and Improvement Program), the City Manager and the City Clerk. be, and they are hereby authorized and directed to enter into written contract, on behalf of the City, with the aforesaid bidder providing for the accomplishment of the improvements described in the Cityts plans and specifications, modified, as aforesaid by said committee report, said contract to contain and be subject to the terms and conditions of Part II, Form HUD-3179b (5-66) set out in the City's Contract for Grant No. VA B-2, and, otherwise, to be upon such form as is approved by the City Attorney; 2. That the other bid received by the City for the construction of the aforesaid improvements be, and said other bid is hereby REJECTED; and the City Clerk shall so notify said other bidder and express to it the City's appreciation of said bid; and 3. That, upon satisfactory performance of the construction of the public improvements herein provided and as are to be set out in the contract authorized to be entered into, the City Auditor shall be, and is hereby authorized to pay to the aforesaid contractor at the time and in the manner provided in the City's contract an, specifications, the sum of $87,848.00, chafing the same to appropriations heretofore or contemporaneously being made by the Council for this specific purpose. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in force and effect upon its passage. APPROVED ATTE ST: y C1 Mayor 23-4 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of November, 1967. No. 17830. 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 g89 Elmwood Park (1) ................................. $ 90,078.00 (1) Net increase-- $26,273.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTE ST: CXty Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of November, 1967. No. 17831. AN ORDINANCE accepting the proposal of Penniman and Browne, Incorporated, to furnish and supply all necessary labor and materials needed to provide test borings and laboratory testing of soil samples in connection with the City's Municipal Building Annex; and providing for an emergency. WHEREAS, at a meeting of the Council held on October 30, 1967, and after due and proper advertisement having been made therefor, one bid was received for furni.shing all necessary labor and materials needed to provide test borings and laboratory testing of soil samples in connection with the City's Municipal Building Annex, whereupon said bid was referred to a committee for a report and recommendatioJ to the Council; and WHEREAS, said committee has reported to the Council that the bid of Pennim~ and Browne, Incorporated, amounts to a total cost to the City of $12,138.00, and meets the City's requirements and specifications referred to in its advertisement ant appears to be the lowest and best bid made to the City for the performance of the sa work, and should be accepted; and 235 WHEREAS, funds sufficient to pay for the cost to the City of the work have been appropriated by the Council for the purpose and the Council deems an emergency to exist in the daily operation of the municipal government in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the proposals of Penniman and Browne, Incorporated, to furnish and supply all necessary labor and materials needed to provide test borings, pursuant to Part I of the City's specifications made therefor, for the total sum of $9,964.00, and for laboratory testing of soil samples, pursuant to Part II of said City's specifications, for the total sum of $2,174.00, needed in connection with the City's Municipal Building Annex, in full accordance with the City's plans and specifications therefor, be, and said proposals are hereby ACCEPTED; and the proper City officials are hereby authorized and directed to enter into, on behalf of the City, contract with the aforesaid successful bidder for the performance of said work, said contract to have in corporated therein the City's plans and specifications, the aforesaid proposal, the said committee's report and the provisions of this ordinance and to be, otherwise, on such form as is approved by the City Attorney; the cost of the work, when satisfactor completed and accepted by the City, to be paid for out of :funds appropriated by the Council for the purpose. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance shal'l be in full force and effect upon its passage. APPROVED ATTEST: Ci/ty Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of November, 1967. No. 17832. A RESOLUTION expressing the pleasure of the Council and of the citizens of the City of Roanoke in their association with Miss Dae Hoon Klm, of Wonju, South Korea, during her sojourn in the City~ acknowledging and expressing appreciation of the exemplary services of Miss Kim as a temporary member of the community, an employe of the City and as an ambassador of good will and world-citizenship from Wonju, South Korea, tothe City of Roanoke, Virginia. WHEREAS, as a medical social worker at the Wonju Union Christian Hospital, Miss Dae Hoon Kim developed a keen interest in working with and developing a clinical program for the treatment of epilepsy in her native country, and pursuant to the fulfillment of her goal, through the efforts of the International Municipal Cooperation Committee of Roanoke, and certain diplomatic officials, Miss Klm was, on ly 236 December 5, 1966, employed by the City of Roanoke in its Public Health Department as a medical social worker in the City and has, in the course of her employment and whil observing the local facilities and procedures dealing with her particular field of interest, performed her duties with singular distinction, not only as an employee of the City but, moreover, as an attractive and effective ambassador in behalf of the promotion of good will and world citizenship, emanating from Wonju, and the Republic of South Korea, and WHEREAS, Miss Kim has recently terminated her emplpyment with the City and the Council wishes to express its appreciation to this daughter of Wonju, South Korea, Roanoke's Sister City, for the contributions she has made to both cities and their inhabitants as a medical social worker and as an envoy of good will. 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, does hereby commend Miss Dae Hoon Kim for the meritorious services rendered the City by her during her employment, and does further express its pleasure in Miss Kim's visit during which the existing good will between the City of Roanoke and its Sister City, the City of Wonju, Korea, has been enhanced. BE IT FURTHER RESOLVED that the City Clerk transmit attested copies of this resolution to Miss Dae Hoon Klm, to the Honorable Lee Dong Jin, Mayor of the City of Wonju, and to His Excellency, Hyun Chul Klm, Ambassador to the United States from the Republic of South Korea. ATTEST: erk ' ~.~, ~ .... J APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of November, 1967. No. 17807. 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 the northwesterly portion of a 4.206-acre tract located west of Franklin Road, S.~ W., between the Norfolk and Western Railway Company property and Wiley Drive, Official Tax No. 1272801, rezoned from LM, Light Manufacturing District, to C-l, Office and Institutional District; and WHEREAS, the City Planning Commission has recommended that the hereinafter described land be rezoned from LM, Light Manufacturing District, to C-i, Office and Tn~tit.tiona] District: and 237 WHEREAS, the written notice and the posted sign required to be published ,and posted, respectively, by Section 71, Chapter 4.I, Title XV, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, have been published and posted as required and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the 30th day of October, 1967, 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. 127 of the Sectional 1966 Zone Map, City of Roanoke be amended in the following particular and no o~her, viz.: Property located west of Franklin Road, S. W., between the Norfolk and Western Railway Company property and Wiley Drive, being the northwesterly portion of a 4.20b-acre tract of the A. O. Krisch, et al., property, a portion of Official Tax No. 1272801, and more particularly described as follows, to-wit: BEGINNING at a point on the northwest side of Franklin Road, S. W., said noint being a common corner to the A. O. Kris~h, et al, property, Official Tax No. 1040302, an the Kirk-Jeff., Inc., property, Official Tax No. 1040301; thence from said point N. 47°-00' W. 188.0 feet; thence with the northwest line of the Kirk-Jeff., Inc., property, N. 43°-00' E. approximately 102 feet to a point on a line one foot southwesterly fr~m and parallel to the southwesterly right-of-way line of the City's 1.054-acre parcel acquired for Wiley Drive right-of-way from Beulah Carter, et al.; thence along a line parallel to and one foot southwesterly from the southwesterly right-of-way line of Wiley Drive, said 1.054-acre parcel, N. 55°-23'-11'' W., approximately 229 feet to a point and thence N. 53°-33'-18'' W., approximately 542 feet to a point located on the northeasterly line of the Norfolk and Western Railway Company's Belt Line right-of-way one foot southwesterly from the southwesterly line of the 1,054-acre Wiley Drive right-of-way parcel; thence with said railway right-of-way line and with a curve to the right having the following five chords: S. 450-30' E., approximately 32 feet to a point; thence S. 39° 26'E., approximately 83 feet to a point; thence S. 28°-12'E., 104.53 feet to a point; thence S. 18°-43'E., 103.71 feet to a point; thence S. 11°-13' E., 101.99 feet to a point; thence a tangent S. 9o-36' E., 315.96 feet to a point; thence with a curve to the left the following three chords: S.11°-24' E., 74.58 feet to a point; thence S. 14°-12' E., 26 feet more or less, to a new corner on the chord; said new corner being located 275 feet westerly, measured at right angles, from the present northwest side of Franklin Road, S. W.; thence with a new division line through the A. O. Krisch, et al, property, which line is located 275 feet northwesterly from and parallel with the northwest side of Franklin Road, S. W., N. 38°-00' E. 365 feet, more or less, to a new corner; thence from said new corner S. 470-00' E. 278 feet, more or less, to the northwest side of Franklin Road; thence with the line of Franklin Road N. 36°-00' E. 50 feet to the place of BEGINNING, and the major part of said property being designated on Sheet 127 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax No. 1272801, be, and is hereby, changed from LM, Light Manufacturing District, to C-I, Office and Institutional District, and that Sheet No. 127 of the aforesaid map be changed in this respect. APPROVED ATTEST: 238 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of November, 1967. No. 17810. 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. 253, ,Sectional 1966 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have a 4.329 acre tract of land located at the southwesterly corner of the intersection.of Melrose Avenue, N. W., and 31st Street, N. W., and designated as Official Tax Nos. 2530101 and 2530102, rezoned from C-l, Office and Institutional District, and RD, Duplex Residential District, to C-2, General Commercial District; and WHEREAS, the City Planning Commission has recommended that a portion of the hereinafter described land be rezoned from C-l, Office and Institutional Distric and RD, Duplex Residential District, to C-2, General Commercial District; and WHEREAS, the written notice and posted sign.required by Title XV, Chapter 4.1, Section 71, of The Code of the City of Roanoke, 1956, as amended, relating Zoning, have been published and posted as required and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the 30th day of October, 1967, at 2 p.m., before the Council of the City of Roanoke, at which hearing all par~ies in interest and citizens were given an opportunity to be heard both for and against the proposed rezoning; and WHEREAS, {his Council, after considering 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, relating to Zoning, and Sheet No. 253. of the Sectional 1966 Zone Map, City of Roanoke, be amended and reenacted in the following particular and no other, viz.: Property located at the southwesterly corner of Melrose Avenue, N. W., and 31st Street, N. W., and more particularly described as: BEGINNING at the southwest corner of the intersection of 31st Street, N. W., and Melrose Avenue, N. W., marked by an iron pin; thence with the westerly side of 31st Street, N. W., S. 10° 09' W. 254.56 ft. to a point still on the westerly side of the said 31st Street; thence with a new line through the property of Malcolm and Mildred Ann Rosenberg (D. B. 1194, Pg. 409) N. 79° 09' W. 300 ft. to an iro~ pin corner; thence with another new line through the property of the said Malcolm and Mildred Ann Rosenberg N. 12° 53' E. 349.78 ft. to a point on an iron pin corner on the southerly side of Melrose Avenue; thence with a line which approximates the southerly boundary of the said Melrose Avenue, S. 5B° 10' E. 52.70 ft. to an iron pin; thence continuing with the southerly side of Melrose Avenue S. 61° 13' E. 247.30 ft. more or less to the place of BEGINNING and containing approximately 8B,14B sq. ft. and being shown more particularly on a topographic survey made for Americo Realty by Dick & Wall, C. E. & S., dated February 16, 1967; and 239 BEING a portion of the same property conveyed to Malcolm and Mildred Ann Rosenberg by deed of record in Deed Book 1194, at Page 409, in the Office of the Clerk of the Hustings Court of the City of Roanoke, Virginia. and being designated on Sheet 253 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax Nos. 2530101 and 2530102, be, and is hereby, changed f~an C-l, Officel and Institutional District, and RD, Duplex Residential District, to C-2, General Commercial District, and that Sheet No. 253 of the aforesaid map be changed in this respect. APPROVED ATTE ST: ~ r ~f- ~--~._, ~ / City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of November, 1967. No. 17833. AN ORDINANCE permitting the encroachment of an 8-inch underground water sprinkler line within the public ri~t-of-way on the south side of and along a portion of Rhodes Avenue, N. E., between 9th Street, N. E., and Tinker Creek, upon certain terms and conditions. WHEREAS, representatives of the' owner of the property hereinafter describe located on the south side of Rhodes Avenue, N. E., have requested that said owner be permitted, in constructing an addition to the present warehouse located on said property, to construct and maintain a certain underground encroachment hereinafter described in the public right-of-way abutting said property; 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 Chapter 1 Title XVII of the Code of the City of Roanoke, 1956, as amended, this Council is agreeable to said owner's proposal as now made and is willing to permit the encroac ment hereinafter mentioned within and under a portion ~ the public right-of-way hereinafter described, upon the terms and conditions hereinafter contained. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that permission be, and is hereby granted Grand Piano & Furniture Company, owner of the p[emises known as 1227 Rhodes Avenue, N. E., located in the City on the south side of said Rhodes Avenue, N. E., between 9th Street, N. E., and Tinker Creek and being further described as Official Tax No. 3051105, to construct and maintain a certain encroachment under the public right-of-way abutting said property in accordance with the plan and specifications prepared by Roanoke Sprinkler Company, dated July 10, 1967, said plan being entitled "Plot Plan of Grand Piano & Furniture Co., Inc.," which plan and specifications are on file in the Office of the City Clerk, 240 said encroachment to consist of an 8-inch underground water sprinkler line, to be constructed along the front of the premises known as 1227 Rhodes Avenue, N. E., beginning at a point located approximately 14 feet from the~est property line of said company and approximately 1,164 feet from the southeasterly corner of 9th Streel and Rhodes Avenue, extending approximateIy 197 feet within said public right-of-way, and to be further located approximately 4 feet northerly of and parallel to the soutl line of said Rhodes Avenue, N. E.; the construction of said water sprinkler line to be in full accordance with the plan and specifications prepared by said Roanoke Sprinkler Company, on file in the Office of the City Clerk, and as approved by the Manager of the Water Department and the City Engineer; said construction, further, to be at the sole cost of Grand Piano & Furniture Company, and the restoration and resurfacing of the street surface to be as is required and approved by the City Manager. BE IT FURTtiER ORDAINED that the permission granted by this ordinance is to be deemed a license, revocable at the will of the Council with or without cause and without notice; and said licensee, by. its executio, n and acknowledgment of an atteste copy of this ordinance shall be deemed to have agreed to the terms hereof and, further, to have agreed to indemnify and save harmless the City of Roanoke of and from all claims for injury or damages to persons or property that may arise by reason of such encroachment, BE 'IT ,FINALLY ORDAINED that the provisions of this ordinance shall not become fully effective until such time as a written permit sh~ll have been issued by the City's Building Commissioner to the aforesaid owner or its duly authorized contractor or representative pursuant, to the provisions hereof, and until an attested copy of this ordinance shall have been duly signed, sealed, attested and acknowledged by authorized officials of said ,licensee and shall have been admitted to record in the local Clerk's Office, at the expense of said licensee, to be indexed in the names of the property owner and licensee, as Grantor, and the City of Roanoke, as Grantee. ATTE ST: / City Clerk APPROVED EXECUTED and accepted by the undersigned this 1967: ATTEST: Secretary STATE OF VIRGINIA § CITY OF ROANOKE § To-wit: Mayor day of Grand Piano & Furniture Company, BY of Roanoke, in the State of Virginia, do hereby certify that President , a Notary Public in and for the City 241 Grand Piano g Furniture Company, whose names as such are signed to the foregoing ordinance bearing date the day of, 1967, have personally appeared before me in my City and State aforesaid and acknowledged the same. GIVEN under my hand this day of , 1967: My commission expires: Notary Public IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of November, I967. No. 17834. AN ORDINANCE providing for the sale and conveyance by the City to Community Hospital of Roanoke Valley of a lot or parcel of land situate on the west side of relocated 3rd Street, S. E., upon certain terms and conditions and with certain restrictions. WHEREAS, an offer has been made to the City by Community Hospital of Roanoke Valley to purchase from the City the approximate 2,750 sq. ft. lot or parcel of land hereinafter mentioned, which said parcel of land constitutes the unused, residue portion of a certain lot heretofore acquired by the City for public street purposes, and the Council's Real Estate Committee, upon consideration of said proposa has recommended under date of October 30, 1967, that the same be accepted but with certain restrictions as hereinafter set out to be contained in the City's deed of conveyance to said Hospital; and WHEREAS, the Council, considering the whole matter and being advised that the City has no public need for said parcel of land, that the price offered to be paid the City therefor is fair and reasonable, that the location of said lot is such as to justify and require the restrictions hereinafter provided, and that it will be to the public interest to authorize the sale and conveyance of said property as recommended by said Committee. THEREFORE, BE IT ORDAINED,by the Council of the City of Roanoke that the written offer of Community Hospital of Roanoke Valley made to the City under date of October 25, 1967, to purchase and acquire from the City for a consideration of $1,000.00, cash, upon delivery of a deed of conveyance, all that certain lot or parce of land in the City situate on the westerly side of relocated 3rd Street, S. E., and 242 the southerly side of Unopened Mountain Avenue, S' E., con{aining ~,750 square feet of land, more or less, and being the westerly residu~ oF that Certain property shown on the Tax Appraisal Map of the City of Roanoke as Official No. 4020808 heretofore acquired by the City from Walter L. Murden, et ux, by deed dated February 16, 1965, of record in Deed Book 1173, page 127, in the Clerk's Office of the Hustings Court of the City of Roanoke, subject to the restrictions hereinafter provided, be, and said offer is hereby ACCEPTED. BE IT FURTHER ORDAINED that, upon preparation by the City Attorney of the City's deed of conveyance of the aforesaid lot or parcel of land, which said deed shall provide for the conveyance to Community Hospital of Roanoke Valley ~f the fee simple, unencumbered title to said land, with general warranty and modern english covenants of title on behalf of the City, but making express provision in the form of covenants running with the title to said land for the restrictive uses of said land as set out and recommended in the aforesaid Committee's report, to continue for such period of time as 3rd Street, S. E., is used as a major arterial highway of the City, the Mayor and the Ci.ty Clerk shall be, and are hereby authorized, empowered and directed to execute said deed on behalf of the City and to seal and attest the same and, thereafter, and upon proper acknowledgement by said officials and payment to the City of the purchase' price hereinabove provided, said deed shall be delivered to an authorized official, attorney or re,resentative of the aforesaid purchaser. APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The I3th day of November, 1967. No. 171336. AN ORDINANCE providing for the City's acquisition of two parcels of land in Roanoke County, aggregating approximately 4.4 acres, for the City's Municipal Airport north clear zone, Project 16, upon cert'ain terms and conditions; and providing for an emergency, WHEREAS, the lands hereinafter described are wanted and needed by the Cit for the purpose of providing a clear zone for the City's Municipal Airport Runway 15/33 under Airport Project 16, and the respective owners of said land have offered and agreed to sell and convey said land to the City upon the terms hereinafter provided, the purchase price, in each case, having been established by appraisals made of the value of said properties for the City; and 243 WHEREAS, for the usual daily operation of the municipal government and of the City's Municipal Airport Department, an emergency is deemed to exist in order that this ordinance take effect upon its passage, the Council having appropriated funds sufficient to pay for the cost of the land acquisition herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows 1. That the written offer of Della W. Downing to sell and convey to the City, in fee simple, certain land situate in the County of Roanoke, described as the southerly 2.4 acres of a certain 9-acre tract of land, said 2.4 acre parcel having sides approximately 535.17 ft. x 205.43 ft. x 497.91 ft. x 200.54 ft., and being a part of the same property conveyed to E. D. Downing by Ora Stokes Easley by deed recorded in Deed Book 354, page 61, in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, as said 2.4 acre parcel of land is shown on the map of the City's Roanoke Municipal Airport Project No. 9-44-012-16, for a consideration of $1,750.00, cash, to be paid by the City, be, and said offer is hereby ACCEPTED; and 2. That the offer of Robert W. Cooper to sell and convey to the City, in fee simple, that certain approximate 2 acre parc. el of land situate in Roanoke County Virginia, bounded by sides approximately 217.61 feet x 465.25 ft. x 149.77 ft. x 235.3 ft. x 230.0 ft., and by the lines of other properties owned or at one time owned by Poindexter, !~itt and Do~,lning and extending north~esterly ~cross the northwesterly limits of the City's aforesaid north clear zone area as shown on the map of the Roanoke Municipal Airport Project No. 9-44-012-16, the aforesaid approximate 2-acre parcel of land being all of the same property conveyed to Robert W. Cooper by Robert E. James, et ux, by deed of record in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 609, page 300, for a consideration of $3,571.20, cash, 'to be paid by the City, be, and said offer is hereby ACCEPTED; and 3. That the City Manager cause each of the aforesaid offerors to be notified of the City's acceptance of their aforesaid written offers and of the City readiness to purchase and take title to said lands in accordance with the terms of the aforesaid offers and as provided herein; and 4. That upon delivery to the City of good and sufficient deeds of conveyance granting and conveying to the City the fee simple title to the aforesaid lands, free and clear of all encumbrances and containing general warranty and modern english covenants of title made on behalf of the grantors to the City upon such forms of deeds as are prepared and approved by the City Attorney, the proper City officials shall be and are hereby authorized to issue and deliver to each aforesaid landowner or to the person or persons certified by the City Attorney to be lawfully entitled thereto, or to their duly authorized attorney or representative, the City's checks in payment of the purchase prices hereinabove provided; said landowners to provide at their own expense and affix to their said deeds all necessary Federal documentary stamps required upon said transactions, and current 244 taxes to be prorated to the date of such settlement; the City to a~quire full right, title and possession to said property upon delivery of the aforesaid deeds of conveyance. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in force and effect upon its passage. ATTE ST: X. -, ..... ...__.. I / City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The, 13th day of November, 1967. No. 17837. AN ORDINANCE providing that the City accept and elect to exercise a certai.n option in writing, from Roanoke News Agency, Inc., to acquire certain land and perpetual and temporary easements in land necessary for the construction of a proposed new industrial access bridge leading from 9th Street, S. E., over and acros the Norfolk and Western Railway Company's right-of-way, upon certain terms and conditions; providing for the recordation of said purchase option agreement and subsequent deed of conveyance; expressing appreciation for the grant of said option; and providing for an emergency. WHEREAS, Roanoke News Agency, Inc., the owner of certain lands needed in fee simple and in easement by the City and for public purposes connected with the construction of an industrial access bridge from 9th Street, S. E., over and across the Norfolk and Western Railway Company's right-of-way into the Roanoke Industrial and Development Corporation:'s industrial park complex, has offered to grant and convey to the City of Roanoke, for the nominal consideration of one dollar ($1.00), cash, the land and easements in land hereinafter described by option in writing dated September 7, 1967, upon the terms and conditions hereinafter set forth, and more particularly described in said written option and contained in its letter transmitting said option; and WHEREAS, for the usual daily operation of the municipal ~overnment, an emergency is declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follow (1) That the written purchase option made under date of September 7, 1967 by Roanoke News Agency, Inc., offering to grant and convey to the City, for a uomine consideration of one dollar ($1.00), cash, free and clear of liens or encumbrances and by deed of general warranty of title as to the property hereinafter provided to be acquired in fee simple, the following described land and easements in land . J 245 A. In fee simple, that certain 7,762 sq. ft. parcel of land situate on the westerly side of 9th Street, S. E., south of Buena Vista Boulevard, bounded by corners 1-2-3-4-5- 6-7-i as the same is shown on Plan No. 5065 dated August 31, 1967, prepared in the Office of the City Engineer, entitled "Map Showing Proposed Relocation of 9th Street., S. E. and the Property Necessary to be Acquired from Roanoke News Agency, Inc." to which map reference is hereby expressly made; B. A perpetual easement in and to that certain 275 sq. ft. strip of land, 10-foot wide, extending westerly from the west line of 9th Street near the southeast corner of the aforesaid property of said Roanoke News Agency, Inc., and the full right and privilege to construct, operate, maintain and use thereon a public storm drain; and C. A temporary construction easement over those two certain areas of land containing in the aggregate 2,606 sq. ft., located on both sides of "A" above, for the purpose of constructing such slopes, fills or grades as are necessary for the proper performance of the City's aforesaid project, be, and said written purchase option is hereby, ACCEPTED and EXERCISED. (2) That the City, in accepting and exercising said option, shall be deemed to have agreed that upon construction of said industrial access bridge, the City will perform the following, namely: (a) Remove and reinstall the present iron 'fence along the property in a position along the westerly side of the present 9th Street, S. E., and the bottom of 9th Street, S. E., in a manner reasonably satisfactory to Roanoke News Agency, Inc.; it being agreed that Roanoke News Aqency, Inc., will supply the necessary gates and a location designated by said agency. (b) Remove and replant the boxwoods now located on the westerly side of 9th Street, S. E., on the westerly side of Roanoke News Agency, Inc.'s, property; the City to use reasonable care in the movement of the plants; however, the City will assume no responsibility in connection with such removal and replanting; and (c) To provide suitable access to such portion of 9th Street, S. E., as may hereafter be formally vacated, discontinued and closed as a result of the construction of said new bridge and as may revert, upon such closing, to Roanoke News Agency, Inc. BE IT FURTHER ORDAINED that the proper City officials be and are hereby authorized, empowered and directed, for and on behalf of the City, to accept from Roanoke News Agency, Inc., and to cause to be recorded in the appropriate Clerk's Office the aforesaid written option, and thereafter, likewise, to accept and to cause to be recorded such deed made anddelivered to the City in the premises as is prepared and approved as to form and execution by the Ci~ Attorney. (4) That the Council does hereby express its appreciation to Roanoke News Agency, Inc., for its generous and valuable gift to the City of the land and easements in land hereinabove described; and doth direct that the City Clerk transmit an attested copy of lhis ordinance to the president of said corporation. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance take effect upon its passage. ATTEST: APPROVED 246 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of November, 1967. No. 17838. A RESOLUTION amending certain portions of Resolution No'. 16786, heretofore adopted on December' 13, 1965, authorizing and directing the filing of application for grant to acquire and develop certain open-space land. WHEREAS, the City of Roanoke desires to acquire in fee simple and develop certain lands in the City known as all of Block 12, East Gate Addition, and all of Block 26 excepting Lots 1, 2, 3 and a portion of Lot 4, East Gate' Addition, the map of said addition being recorded'in Deed Book 126, page 453, in the Clerk's Office of the Circuit Court of Roanoke County, Salem, Virginia, but said land now being located in the City of Roanoke, Virginia, which land is to be held and used for permanent open-space land for park and recreational uses; and WHEREAS, Title VII of the Housing Act of 1961, as amended, provides for the making of grants by the Housing and Home Finance Administrator to states and local public bodies to assist them in the acquisition and deve~pment of permanent interests in land for open-space uses where such assistance is needed for carrying out a unified or officially coordinated program for the provision and development of open-space land as part of the comprehensively planned development of the urban area; and WHEREAS, Title VI of the Civil Rights Act of 1964 and the regulations of th Housing and Home Finance Agency effectuating that Title require the making by this body and by the City of certain assurances against discrimination in the use of the land acquired am /or developed; and WHEREAS, it is recognized that the contract for Federal grant will impose certain obligations and responsibilities upon the City and will require, among other things, (1) assurances that families and individuals displaced as a result of the open-space land project will be relocated into decent, safe and sanitary housing, (2) compliance with Federal labor standards, and (3) compliance with Federal requirements relating to equal employment opportunity; and WHEREAS, it is estimated that the cost of acquiring said interests will be $56,450.00, and that the cost of necessary demolition and removal of improvements on said land will be $4,000.00. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That application be made on behalf of the City of Roanoke to the Housin and Home Finance Agency for a grant in an amount authorized by Title VII of the Housing Act of 1961, as amended, the amount of which grant is presently estimated to be $30,225.00, said City to pay the balance of the cost, estimated to be $30,225.00, from other funds available to the City, of the total cost of $60,450.00; 247 2. That adequate open-space land for the locality cannot effectively be provided through the use of existing undeveloped or predominantly undeveloped land; 3. That the City Manager is hereby authorized and directed to execute on behalf of the City the aforesaid application and to file the same with the Housing and Home Finance Agency, to provide additional information and to furnish such documents as may be required by said Agency, to execute such contracts as are required by said Agency in the premises, and to act as the authorized correspondent of the City in matters relating to said application; 4. That the proposed acquisition and development is in accordance with plans for the allocation of land for open-space uses, and that, should said grant be made, the City will acquire, develop and retain said land for the uses designated in said application and approved by the Housing and Home Finance Agency; 5. That the United States of America and the Housing and Home Finance Administrator be, and they hereby are assured of full compliance by the City of Roanoke with regulations of the Housing and Home Finance Agency effectuating Title VI of the Civil Rights Act of 1964; 6. That there exists in the locality an adequate amount of decent, safe and sanitary housing which is available to persons displaced as a result of the aforesaid open-space land project, at prices which are within their financial means, and which are not generally less desirable in regard to public utilities and public and commercial facilities than the dwellings of the displaced individuals and familie , and that it is the sense of this body that such displacees, if any, will be relocated in accordance with applicable regulations of the Housing and Home Finance Agency; and 7. That the United States of America and the Secretary of Housing and Urba Development be, and they hereby are assured of full compliance by the Applicant with the Federal labor standards imposed under Title VII of the Housing Act of 1961, as amended. BE IT FURTHER RESOLVED that attested copies of this resolu~on be made available by the City Clerk for transmittal to the Housing and Home Finance Agency and to such other agencies or authorities or persons as are concerned with the matter herein provided for. ATTE ST: '/~C i t y Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of November, 1967. No. 17840. A RESOLUTION initiating an amendment of paragraph numbered 12.a. and 248 WHEREAS, the Council is of opinion that amendment or change should be made of paragraph numbered 12.a. of Section 79.1 of Chapter 4.1, Title XV, of the Code of the City of Roanoke, 1956, as amended, said paragraph defining the phrase "Single-family Dwellings", and of paragraph numbered 13. of said section, chapter and title, defining the word "Family", as said phrase and word are used and employed in the several ~ections of said chapter and particularly as used with reference to the zoning regulations made applicable to residential districts, as provided in said chapter. THEREFORE, BE IT RESOLVED by the Council of the City of Roanok.e that said Council doth hereby propose that paragraph numbered 12.a., defining the phrase "Single-family 9~ellings", and paragraph numbered 13, defining the word "family", in Section 79.1, Chapter 4.1, Title XV of the Code of the City of Roanoke, 1956, as amended, relating to Zoning, be amended and reordained to read and provide as follow 12. DwellingS; a. Single-famil~. A permanent, detached residential unit, not a mobile home, having a single front entrance and being designed for and occupied by one family, only, as the word "family" is defined in paragraph 13. of this section. 13. Family. One or more persons occupying and residing and living and eating together as a single housekeeping unit in a single building, not more than two of which persons shall be unrelated by blood, marriage, adoption or other close personal relationship to the owner or tenant of the building; the wor~ "family" not to be construed to include groups of persons occupying or using boarding houses or rooming houses or combinations of the same, subject to issuance of a permit by the Board of Zoning Appeals after a duly advertised public hearing. BE IT FURTHER RESOLVED, pursuant to Article XII of the aforesaid chapter and title, that the aforesaid proposals be and are hereby referred to the City Planning Commission for study and recommendation to the Council within the time and as provided in said Article; and, further, that a public hearing be held on December 4, 1967, at 2:00 o'clock, P.M., before the Council on said Council's proposal to amend said paragraphs as herein provided or to such extent as may be hereafter, upon recommendation of said City Planning Commission or as a result of such public hearing, be determined by the Council; and the Clerk shall ~orthwith cause to be published due notice of such public hearing. APPROVED ATTEST: Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of November, 1967. No. 17841. far the preparation of a development plan and 249 development plan and program, upon certain terms and conditions; providing for the payment by Downtown Roanoke, Inc. of one-half of the total cost of the preparation o: such plan and program; expressing appreciation to the participants with the City in the provision of such plan and program; and providing for an emergency. WHEREAS, upon the request and suggestion of many of the owners of properties and businesses located in that part of the City hereinafter described as the Central Business District, most of whom are members o.f or represented by Downtown Roanoke, Inc., who has undertaken and offered to make financial contributioJ toward defraying the costs and expense of the proposal, the Council has decided to cause to be made and prepared a comprehensive development plan and program for said portion of the City, employing for the purpose the services of a firm of recognized planning consultants whose undertakings in that regard ~all extend over a period of fourteen (14) months and shall be performed in certain agreed steps and phases; and WHEREAS, it being determined that the whole cost of engaging the aforesaid consultant services will amount to the sum of $93,400.00, one-half (1/2) of which sum Downtown Roanoke, Inc., has offered to pay or reimburse to the City, in cash, said corporation having already, on November 6, 1967, tendered and paid to the City as a partial payment of its aforesaid share of such costs, the sum of $20,000.0 and made offer to p~y to the City the remaining $26,700;00 on or before June 30, 1968; and WHEREAS, there has been prepared and presented to the Council for consideration and approval a certain written agreement proposed to be entered into between the City, on the one hand, and Marcou, O'Leary and Associates, Consultants, of Washington, D. C., on the other hand, under date of November 15, 1967, pursuant to which said consultants would agree to perform for the City, for the total sum of $93,400.00, the technical services required for the preparation of such plan and program, a copy of which said written agreement is on file in the office of the City Clerk, other copies Of which have been transmitted to and considered by the Council, which has found the same to be agreeable; and WHEREAS, funds sufficient to pay the cost to the City of the services agreed to be engaged by said contract have been appropriated by the Council and are available for the purpose and, for the usual daily operation of the municipal government an emergency is declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that said Council doth approve, ratify and confirm, and doth hereby authorize the City to execute and enter into that certain written agreement drawn under date of November 15, 1967, between the City of Roanoke, on the one hand, and Marcou, O'Leary and Associates, Consultants, of Washington, D. C., on the other hand, pursuant to which said consultants will agree to perform the technical services set om and described in said contract and prepare and deliver to the City a Comprehensive Development Plan and Program in connection with and as related to the Central Business District of the City, described in said contract to consist, at the least, '250 of that area of the City bounded by Wells Avenue and Loudon Avenue, N. W., on the north, Interstate Spur 501 and 3rd Street, S. E., on the east, Mountain Avenue on th south, and 5th Street, S. W., and 5th Street, N. W., on the west; said plan to take into full account ail physical, economic and circulation factors and development potential, wherever' located, which are directly related to the area within the boundaries described above, including the Civic Center complex now under development for ali ofwhich services, rendered and performed in the manner and time provided in said contract, the City shall agree to pay said consultants the total sum of $93,400.00 at the time and in the manner provided in said contract;'and the Mayor an the City Clerk be and are hereby authorized and directed to e:xecu.te and to seal and attest, respectively, the aforesaid contract on behalf of the City. BE IT FURTHER ORDAINED that receipt be given by the City to Downto~n Roanoke, Inc., in return for its payment to t~he City on November 6, 1967, of the sum of $20,000.00 as a partial payment of one-half of the total cost of the consultant services engaged by said contract, and that written agreement of said corporation to pay to the City the additional sum of $26,700.00 on or before June 30, 1968, in full payment of one-half (1/2) of the total cost of the consultant services engaged by said contract be taken and held for the City by the City Auditor. BE IT FURTHER ORDAINED that this Body most sincerely expresses to the officials and members of Downtown Roanoke, Inc., and to all other citizens and business interests whose ef£orts and contributions have.been so generously devoted to the initiation of a plan and program, for development of the City:'s Central Business District, this Council's appreciation.~f a!l such contributions;~ the City Clerk to transmit to John,~. Chappelear, Jr., Chairman of The Master Plan Committee of Downtown Roanoke, Inc., an attested copy of this ordinance. BE IT FINALLY ORDAINED that, an emergency existing,, this ordinancp shall be in force and effect upon its. passage.. ATTE ST: /Citl Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of November, 1967. No. 17842. A RESOLUTION concurring in and consenting to a proposal that the Commonwealth of Virginia, Department 'of Highways, finance, construct and maintain the proposed Southwest Expressway in the City, without financial Participation by the City. WHEREAS, it has been proposed and offered by the Commonwealth of Virginia,ii Department of Highways, that the Commonwealth, through its said Department of Highways, finance, construct and maintain the proposed Southwest Expressway in the City, to extend alon9 a proposed route from Elm Avenue, S. E., at the present southerly terminus of Interstate Spur Route 581 southerly to the City's south corporate limits, and the City Manager, reporting the aforesaid offer and proposal to the Council, has recommended that the Council indicate its concurrence in and consent to the aforesaid proposal. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council concurs in and doth hereby consent to the offer and proposal extended by the Commonwealth of Virginia, Department of Highways, that the proposed Southwest Expressway, to extend along a route from the terminus of Interstate Spur Route 581 at Elm Avenue, S. E., southerly to the City's south corporate limits, be financed, constructed and maintained by said Commonwealth of Virginia, Department of Highways BE IT FURTHER RESOLVED that the City Manager be, and he is hereby authorized and directed to transmit through official channels to said Department of Highways such attested copies of this resolution as may be appropriate or in order. ATTE ST: C~ty Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of November, 1967. No. 178~3. A RE~LUTION relating to the proposed construction of a public sanitary sewer to serve properties on both sides of Orange Avenue, N. E., between Tinker Creek and the east corporate limits, in the City, the cost of which, when the same shall have been ascertained, is proposed to be assessed or apportioned between the City and the abutting landowners served by said sanitary sewer line as provided in Article 2, Chapter 7, Title 15.1, of the Code of Virginia, 1950, as amended. WHEREAS,. the Council on its own motion has proposed the construction of a certain new sanitary sewer to serve certain properties in the area hereinafter described, to be undertaken as a public improvement authorized to be constructed pursuant to the provisions of Article 2, Chapter 7, Title 15.1 of the 1950 Code of Virginia, as amended. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that a public hearing be held before the Council at its regular meeting on the llth day of December, 1967, at 2:00 p.m., or as soon thereafter as the matter may be heard, on the question of constructing a sanitary sewer to serve the properties located on both sides of Orange Avenue, N. E., between Tinker Creek and the east corporate limits, in the City, the cost of which, if ordered and when such cost shall have been ascertained as provided by law, is to be assessed or apportioned between the City and those landowners.abutting on or served by said improvement, and the Clerk is directed t° forthwith cause notice of the aforesaid public hearing W be publishedi! in a newspaper published and having general circulation in the City once a week for two successive weeks, the last publication to be made at least ten days before the pa~ies are cited to appear and at which hearing any landowner wishing to make objection to the ordering of the project may appear in person or by counsel and state his objections. ATTEST: / / City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of November, 1967. No. 17B39. AN ORDINANCE permitting the construction of an aluminum screen on a certain building to encroach over the public sidewalk abutting s~id b~ilding on a portion Of the south side of Church Avenue, S. W., between First Street and Second Street, S. W., upon certain terms and conditions. WHEREAS, the owner of the building located at Nos. 124-126-128-130 Chute Avenue, S. W., has requested that it be permitted, in the remodeling of the front o the building located on said lots, to construct and maintain the encroachment hereinafter described over the public sidewalk abutting said property and, upon consideration of the request and pursuant to the authority vested in local governing bodies by §15.1-376 of the 1950 Code of Virginia, as amended, this Couniil is agreeable to said owner's proposal and is willing to permit the encroachment over the public sidewalk area hereinafter mentioned upon the terms and condit~ns herein contained. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that permission be, and is hereby granted to Home Building g Savings Association, Incorporated, owner of the building located at Nos. 124-126-128-130 Church Avenue, S. W., in the City, on the south side of Church Avenue, S. W., between First Street and SecoM Street, S. W., being further described as Official Tax No. 1012203, to construct and maintain an encroachment over the southerly seven-and-one-half-inch (7-1/2") portion of the public sidewalk abutting the aforesaid property, the said encroachment to consist of an aluminum screen to be installed on the front wall of the building located on said property but no part of which said aluminum screen sba 253 be less than nine and one-half feet (9-1/2') above the surface of the public sidewalk abutting said property, all such cmstruction to be made with approved and permitted building materials and to be properly ~nstructed and safely maintained at the expense of said owner, its 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 limitatio.ns contained in ~15.1-376 of the 1950 Code of Virginia, abovementioned, 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 its execution of an attested copy of this ordinance, that said permittee, its 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 such time as a written permit shall have been issued by the City's Building Commissioner to the aforesaid owner or its duly authorized contractor or representative, permitting the aforesaid construction, and until an attested copy of this ordinance shall have been duly signed, sealed, attested and acknowledged by authorized officials of said permittee and shall have been admitted to record, at the expense of said permittee, in the deed books in the Clerk's Office of the Hustings Court of the City of Roanoke. APPROVED ATTE ST: /City Clerk Mayor ACCEPTED and EXECUTED by the undersigned this day of , 1967: Attest: Secretary HOME BUILDING & SAVINGS ASSOCIATION INCORPORATED By Presidmt STATE OF VIRGINIA CITY OF ROANOKE To-wit: I, , a Notary Public in and for the City of Roanoke, State of Virginis, do hereby certify that and , President and Secretary, respectively, of Home Building & Savings Association, Incorporated, wh.ose names as such are signed to the foregoing writing bearing date the date Qf 1967, have this date personally appeared before me in my City and State aforesaid and acknowledged the same. GIVEN under my hand this day of , 1967: My commission expires: Notary Public 25A IN THE COUNCIL. OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of November, 1967. No. 17849. AN ORDINANCE to amend and reordain Section =B, "Treasurer," 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 =8, "Treasurer," of the 1967-68 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TREASURER =8 Advertising (1) ................................. $ 552.00 Printing and Office Supplies (2) * .............. 13,948.00 (1) Net increase--- $52.00 (2) Net decrease ............ 52.00 · 50% reimbursed by Commonwealth BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage, subject to approval, of the Compensation Board. APPROVED ATTEST: ~c. iCity Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of November, 1967. No. 17850. AN ORDINANCE to amend and reordain Section =91, "Non-Departmental," of the 1967-68 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Govern merit of 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 Damage by Dogs (1) ..................................... $ 200.00 (1) Net increase .................. $100.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTE ST: APPROVED 255 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of November, 1967. No. 17B51. 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 Secti =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 Operating Supplies and Materials (1) ............ $ 26,7d5.00 (1) Net increase for trophies --$255.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: /+ - ./ APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of November, 1967. No. 17852. AN ORDINANCE providing for the City's acquisition of four parcels of land in Roanoke County, aggregating approximately 1.75 acres, for the City's Municipal Airport north clear zone, Project 16, upon certain terms and conditions; and providing for an emergency. WHEREAS, the lan~ hereinafter described are wanted and needed by the City for the purpose of providing a clear zone for the City's Municipal Airport Runway 15/33 under Airport Project 16, and the respective owners of said land have offered and agreed to sell and convey said land to the City upon the terms hereinafter provided, the purchase price, in each case, having been established by appraisals made of the value of said properties for the City; and WHEREAS, for the usual daily operation of the municipal corem merit and of the City's Municipal Airp~ t Department, an emergency is deemed to exist in order that this ordinance take effect upon its passage, the Council having appropriated funds sufficient to pay for the cost of the land acquisition herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1, That the written offer of Marquerite Poindexter and Lonnie H, Poindexter to sell and convey to the City in fee simple, those three (3) parcels of land together with the improvements thereon and the rights and heriditaments thereunt pertaining, including all of the grantor's right, title and interest in and to a certain 50-foot wide roadway, a portion of which roadway abuts the property herdn authorized to be acquired, situate in Roanoke County, Virginia, and containing, in the aggregate, 1.31 acres, more or less, and being the property and abutting roadway shown as lots "R," "S," and "U" on that certain plat of survey made by T. P. Parker, S. C. E., dated Ma.y 31, 19.58, for Annie E. Poindexter, and as said parcels of land are shown on the map of the City's Roanoke Municipal Airport Project'No. 9'44-012-16, for a consideration of $3,257.00, cash, to be paid by the City, be, and said offer is hereby ACCEPTED; and 2. That the offer of Emily k. Smith and James A. Smith, her husband, to sell and convey to the City, in fee simple, that certain lot'or parcel of land containing .44 acre, more or less, situate in.Roanoka,County,,Nirginia, together with the improvements thereon and the rights and heriditaments thereunto pertaining, including all of the grantor's right, title and interest in and to a certain 50-foot wide roadway, a portion of which roadway abuts the property herein described, said parcel of land being bounded by sides approximately 169.05 feet x 53.82 feet x 80 fee x 134.63 feet x 131.07 feet, and being shown as lot "T" on that certain plat of survey made by T. P. Parker, S. C. E., dated May 31, 1958, for Annie E. Poindexter, a as said .44 acre parcel is shown on the map of the City's Roanoke Municipal Airport Project No. 9-44-012-16, for a consideration of $1,285.00, cash, to be paid by the City, be, and said offer is hereby ACCEPTED; and 3. That the City Manager cause each of the aforesaid offerors to be notified of the City's acceptance of their aforesaid written offers and of the City's readiness to purchase and take title to said lands in accordance with the terms o~ the aforesaid offers and as provided herein; and 4. That upon delivery to the City of good and sufficient deeds of conveyanc granting and conveying to the City the fee simple title to the aforesaid lands, free and clear of all encumbrances and containing general warranty and modern english covenants of title made on behalf of the grantors to the City upon such forms of deeds as are prepared and approved by the City Attorney, the proper City officials shall be and are hereby authorized to issue and deliver to each aforesaid landowner or to the person or persons certified by the City Attorney to be lawfully entitled thereto, or to their duly authorized attorney or representative, the City's checks in payment of the purchase prices hereinabove provided; said landowners to provide at their own expense and affix to their said deeds all necessary Federal documentary stamps required upon said transactions, and current taxes to be prorated to the date of such settlement; the City to'acqui're full right, title and possession to said property upon deliver of the aforesaid deeds of conveyance. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be id IN THE COUNCIL OF THE CI1Y OF ROANOKE, VIRGINIA, The 20th day of November, 1967. No. 17653. A RESOLUTION consenting to a modification of a provision contained in the contract between the City and Marcou, O'Leary and Associates, Consultants, providing for the preparation of a development plan and program ~r the City's Central Business Oist~ct. WHEREAS, it has been proposed by the City's consultants, Marcou, O'Leary and Associates, and recommended by the City Manager that the contract of November 15 1967, entered into between the parties pursuant to the provisions of Ordinance No. 17~41 adopted by the Council on November 13, 1967, be modified and amended as herein after provided. THEREFORE, BE. IT RESOLVED by the Council of the City of Roanoke that secti V.A. of the written contract entered into between the City and Marcou, O'Leary and Associates, Consultants, under date of November 15, 1967, pursuant to the provisions of Ordinance No. 17841 of the City Council, adopted November 13, 1967, be modified and amended to read and provide as follows: V. Meetings - A. Monthly - During the effective period of this contract the Consultant, together with HGSA and AMVA, if and as necessary, shall meet with the Client in Roanoke at least once each month and shall attend other special meetings as may be necessary. BE IT FURTHER RESOLVED that an attested copy of this resolution executed by Marcou, O'Leary and Associates, Consultants, in agreement to the provisions herein contained be attached to the ~ecuted copies of the aforesaid contract of November 15, 1967, and become a part thereof. APPROVED ATTE ST: City Clerk MaM~r EXECUTED, in agreement to the aforegoing modification and amendment of the contract of November 15, 1067, between the City of Roanoke and the undersigned: MARCOU, O'LEARY AND ASSOCIATES By IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of November, 1967. No. 17954. AN ORDINANCE providing for the preparation of plans and specifications fo certain improvements at the City's Crystal Spring Reservoir, upon certain terms and conditions; and providing for an emergency. WHEREAS, the City Manager has recommended to the Council that he be authorized to engage the services'of the City's consulting engineers, in water matters, to prepare necessary plans and specifications for improvements to consist of covering the basin of the Crystal Spring Reservoir with a concrete slab and of providing automation of the existing pumping station at said Reservoir, the cost of which is intended to be paid out of authorized bond funds; and WHEREAS, for the usual daily operation ff the City's Water Department, an emergency is declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized and directed to engage, for and on be- half of the City, the services of Alvord, Burdick and Howson, Consulting Engineers, to prepare and deliver to the City plans and specifications .for the construction of certain public improvements at the City's Crystal Spring Reservoir, the same to include the construction of a concrete slab covering for the basin of said Reservol and automation of the pumping station at said Reservoir, said Engineers to be paid for such_services the lu~ sum amount of $12,0,30.00, and the plans so prepared to be delivered to the City by April 1, 1963, the contract of employment to ~, other- wise, upon such form as is approved by the City Attorney. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance shall be in force and effect upon its passage. A P P R 0 V E D ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of November, 1967. No. 17~55. AN ORDINANCE providing for the preparation of plans and specifications for certain improvements at the City's Falling Creek Reservoir and Treatment Plant upon certain terms and conditions; and providing for an emergency. 259 WHEREAS, the City Manager has recommended to the Council that he be authorized to engage the services of the City's consulting engineers, in water matters, to prepare necessary plans and specifications for improvements hereinafter described at the City's Falling Creek Reservoir and Treatment Plant, the cost of which is intended to be paid out of funds heretofore provided in the Budget; and WHEREAS, for the usual daily operation of the City's Water Department, an emergency is declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized and directed to engage, for and on behalf of the City, the services ~ Alvord, Burdick and Howson, Consulting Engineers, to prepare and deliver to the City plans and specifications for the construction of certain public improvements at the City's Failing Creek Reservoir and Treatment Plant, the same to include the addition of mixing and settling basins, a new chlorinator, new chemical feed machine, new float controls on filters and gunite repairs to and covering installed on the clear plastic well, said Engineers to be paid for such services the lump sum amount of ~6,000.00, and the plans so prepared to be delivered to the City as expeditiously as is reasonably possible, the contract of employment to be, otherwise, upon such form as is approved by the City Attorney. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance shall be in force and effect upon its passage. APPROVED ATTEST: / / City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of November, 1967. No. 17956. AN ORDINANCE amending Ordinance No. 1766g, adopted on August 7, 1967, said Ordinance No. 17668 having provided for the acquisition, in fee simple, of a certain parcel of land in the City of Roanoke, situate on the southwest corner of Winsloe Drive and Oaklawn Avenue, N. W., necessary for public street purposes, upon certain terms and conditions; and providing for an emergency. WHEREAS, in order to provide for the widening and improvement of Winsloe Drive, N. W., in the vicinity of Preston Park, a 0.034 acre parcel of land, more or less, herein described is wanted affi needed to be acquired by the City, in fee simple; and WHEREAS, after extensive negotiations with the owners of the land hereinafter authorized to be acquired, agreement has been reached regarding the consideration to be paid by the City for said land; and 26O 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 that the proper' C'ity officials be, and they are hereby authorized, directed and empowered, for and on behalf of the City, to acquire by purchase from the owners thereof, the fee simple, unencumbered title to .the following parcel of land, at a purchase price not to exceed the sum of $250.00, cash, plus the further consideration that if and when the City decides to install curb, gutter and sidewalkalonfl the westerly side of Win~loe Drive, N. W., said City shall cause curb, gutter and sidewalk to be provided and installed along the residue property, adjacent to that herein authorized to be acquired, at no cost to the present or then owners of said residue property, which said considerations are deemed to represent the value of said land and of all damage to the residue property of the owners, which said land is situate in the City of Roanoke, ¥irginia, on the southwest corner of Winsloe Drive, N. W., a} the same intersects Oaklawn Avenue, N. W., generally described as: That certain 0.034 acre strip or parcel of land owned by C. K. Sederes and Mildred Perdue Sederes, as the same is shown in detail on Plan No. 5053, prepared under date of October 25, 1967, in the Office of the City Engineer, Roanoke, Virginia; and, upon d~ivery to the City of a good and sufficent deed of conveyance, conveying to the City the fee simple, unencumbered title to the aforesaid 0.034 acre parcel of land for public street purposes, said deed to be upon such form as i~ first approved by the City Attorney, which deed is to contain a recital of the above considerations, the proper City officials be, and they are hereby au~ orized to pay to the abovenamed owners the $250.00 purchase price hereinabove ~uthorized, charging the same to funds heretofore appropriated for the aforesaid project. 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 20th day of November, 1967. No. 17857. AN ORDINANCE amending Ordinance No. 17679, adopted on August 14, 1967, said Ordinance No. 17679 having provided for the acquisition of a 0.0365 acre parcel of land at the southeast corner of Winsloe Drive, N. W., and Oaklawn Avenue and extendin¢ southerly along Winsloe Drive, upon certain terms and conditions, for street purposes and providing for an emergency. 261 WHEREAS, in order to improve the connection of Winsloe Drive, N. W., with Oaklawn Avenue, N. W. , in connection with the City's improvement of Winsloe Drive, N. W., it is necessary to acquire the land hereinafter described in order to properly widen said Winsloe Drive, and to round the corner of said street intersecti( and WHEREAS, Curlee H. Rose and Jessie P. Rose, owners of the land abutting said street intersection, have heretofore offered to grant and convey to the City a 0.0365 acre parcel of their land, sufficient for the aforesaid purpose, for the nominal consideration of $1.00 cash, and for the further consideration that the City relocate a certain chain link fence on the property belonging to said owners, and further that the City furnish without cost to the said owners curb, gutter and sidewalk along Winsloe Drive, N. W.; and WHEREAS, upon furth er study of said street improvement project, the City has found it necessary to acquire a parcel of land slight]y larger in area than that previously authorized to be acquired and the said owners have indicated their willingness to donate and convey to the City the additional land for the original consideration; 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 Curlee H. Rose and Jessie P. Rose to grant and convey to the City in fee simple that certain 0.051 acre parcel of land lying at the southeast corner of the intersection of Oaklawn Avenue, N. W., and Winsloe Drive, N. W., as the same is shown on Plan No. 5053-A prepared in the Office of the City Engineer under date of October 27, 1967, a copy of which said Plan No. 5053-A 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 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 h~eby authorized and directed ~ cause the proper City departments to reloca.te that certain chain link fence now located upon the property herein authorized to be acquired, and said City Manager is further authorized and directed to cause to be installed, at no cost to the said landowners, curb, gutter and sidewalk adjacent to their residue property along Winsloe Drive, N. W. BE IT FURTHER ORDAINED that, an emergency existing this ordinance be in full force and effect upon its passage. A P P R 0 ¥ E D ATTEST: City Clerk Mayor 262 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of November, 1967. No. 17B58. AN ORDINANCE to amend and reordain Section 5. 'Amount of pensions' and Section 6. 'Widows' of Chapter 2. 'Police and Fire Pensions,Prior to January 1, 1946' of Title III, 'Pens~ns and Retirement' of The Code of the City of Roanoke, 1956; and providing for an emergency. WHEREAS, for the usual daily operation of themunicipal government, an emergency is 'declared to exist in order that this Ordinance may be in effect as of and from the first day of January, 1968. THEREFORE, BE IT ORDAINED by the Council of' the City of Roanoke that Section 5. 'Amount of pensions' and Section 6. 'Widows' of.Chapter 2. 'Police and Fire Pensions Prior to January 1, 1946' of.Title III. 'Pensions and Retirement' of The Code of the City of Roanoke, 1956, be, and said sections are hereby, amended and reordained so as to read and provide ,as follows:, Sec. 5. Amount of pensions. Every person placed on the "pension list" as provided for in Section 1 of this chapter shall be entitled to receive an annual pension equal'to two per cent of his average annual compensation computed for five years last past, multiplied by the number of years such person has been in the s~ice of the city (including all service rendered the city other than as a member of the police or fire department) so long as he shall remain on the "pension list" herein provided for, provided, however that no pension shall be less than fifty-five dollars ,per month, except that each pensioner who rendered the city service for twenty-five years or more and retired under.Class "B" shall receive a minimum pension of not less than one hundred fifteen dollars per month and no pensioner shall receive a pension of more than one hundred and sixty-five dollars per month; and providing further that the pension of each pensioner on the pension list as of January 1, 1968 shall be increased ten dollars per month, ~ ovided that no such pension shall exceed one hundred and sixty-five dollars per month. Sec. 6. Widows. Upon the death of a member of the police or fire departments, either active or retired, the widow of such member shall receive an annual pension equal to one-half of the amount of the pension the member received, or would have received, so long as she remains his widow; provided, however, that no such pension payable to the widow of a member retiree under Class "BV: shall be less than sixty dollars per month and provided, further, that this provision shall not apply to widows of deceased pensioners who were married after having been placed upon the pension list; and providing further that the pension of each widow of each deceased pensioner on the pension list as of January 1, 196B, shall be increased by five dollars per month. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in full force and effect as of and from the first day of January, 196~. APPROVED ATTE ST: City Clerk Mayor 263 IN THE COUNCIL OF THE CI~ OF ROANOKE, VIRGINIA, The 20th day of November, 1967. No. 17859. AN ORDINANCE providing for the purchase of thirteen (13) new 1968 model automobiles and one (1) new 1968 model station wagon 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 November 13, 1967, 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 bidswere 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 tabulation and recommendations on said bids, from which ii. 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 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 bids of: (a) Fulton Motor Company, Inc., to furnish and deliver to the City as follows: Alternate to Item No. Item No. Quantity and Description Purchase Price Seven (7) new 1968 model Plymouth automobiles ............. $ 13,760.11 Purchase Quantity and Descript'ion Price Three (3) new 1968 model Plymouth automobiles ................ $ 5,148.69 Two (2) new 1968 model Plymouth automobiles ............... $ 3,119.96 One (1) new 1968 model Plymouth Station Waoon ............. $ 2,225.39 (b) .Zeller Lincoln-Mercury, IncorporaLed, deliver to the City as follows: to furnish and Alternate to Purchase Item No. 1-B Quantity and Description Price One (1) new 1968 model Mercury automobile ................ $ 2,269.20; all the above amounts cash, plus the City's trade-in equipment described in the City specifications, delivered to the City, f.o.b. Roanoke, Virginia, all to be in full id 264 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 t,herefor, 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 ~r out of funds heretofore appropriated for the )urpose; 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 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 ~:he aforesaid bidders the titles to the certain vehicles described in the City's specifications as trade-in equipment; and 3. That all other bids made to the City for the supply or,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 ea,ch the City's appr~eciat~n.of each said bid. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in full force and effect upon its passage. A P P R 0 V E D ATTE ST: z/City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of November, 1967. No. 17860. A RESOLUTION agreeing to an amendment of the City's contract with Appalachian Power Company made under date of December 7, 1959, as heretofore amended, relating to the furnishing of street lighting and electric power to the Cit WHEREAS, pursuant to authority of the City Council heretofore given, the City entered 'into a 10-year contract commencing January 1, 1960, with Appalachian Power Company,, under date of December 7, 1959, providing for street lighting and the supply to the City of electric power, upon certain terms and conditions, the th paragraph of section V. of said contract specifying the type, size and monthly price or rate of various street lights to be used by said Company in performance of said contract, said paragraph having heretofore, at times, been amended in certain particulars; and WHEREAS, it is the desire of both parties to said contra~ that the afore- said paragraph and section thereof be further amended so as to make provision for d 265 the supply to the City of certain other types of mercury vapor lights to be installed and used in connection with the City's City Market Improvement Project. THEREFORE, BE IT RESOLVED by the Council of the'City of Roanoke that, with the agreement of Appalachian Power Company which may be evidenced by the signature and seal of said Company duly affixed to an attested copy of this resolution, and delivered to the City Clerk, who shall at the same time deliver to Appalachian Power Company an additional attested co~ of this resolution, the third paragraph in section V. of that certain written agreement or contract made and entered into by the City of Roanoke and Appalachian Power Company under date of December 7, 1959, providing, in general, for the supply of its street lighting requirements and electric power supply for a lO-year term commencing January 1, 1960, be, and said paragraph and section of said contract are amended to read and provide as follows: TYPE LAMP, SIZE AND PRICE Lumens Price Per Month Incandescent Overhead 1,000 - all night $1.30 each 2,500 - " " 1.65 " 6,000 - " " 2.50 " 6,000 - midnight 1.95 " lO,O00 - all night 3.35 " Incandescent Whiteway Underground 6,000 - all night $4.30 each 10,000 - " " 5.05 " Mercury Vapor Overhead 3,500 - all night $2.05 each 7,000 - " " 3.85 " 21,000 - " " 4.50 " 50,000 - " " 9.70 " Mercury Vapor White- way Underground 21,000 - ~11 night $6.25 each For City Market Improvement Project: Post Top Mercury Vapor Underground 3,500 - all night $3.05 each 7,000 - " " 3.65 " Mercury Vapor Under- ground 50,000 - all night $12.45 each BE IT FURTHER RESOLVED that all other sections, parts and provisions contained in the aforesaid contract of December 7, 1959, shall be and remain unchanged; and that, upon written approval of Appalachian Power Company to the amend- ment of section V of said contract as hereinabove provided to be expressed or given, the amendatory provisions of this resolution shall take effect as of December 1, 19671 APPROVED ATTE ST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of November, 1967. No. 17061. 266 cab, chassis and loader asembly, upon certain terms and conditions; accepting the bid of Sanco Corporation made to the City for furnishing and delivering said equipment; rejecting certain other bids made to the City; and providing for an emergency. WHEREAS, the Council heretofore, by Ordinance No. 17815, accepted the low bid of Sanco Corporation for the sale and delivery to the City of a refuse compaction unit, complete with cab, chassis and loader assembly, made to the City after due and proper advertisement for bids, the City in its specifications given to all bidders having requested bids on an additional item of equipment as an alternate to base bids; and WHEREAS, the Committee studying all bids has reported to the Council that in reporting the low base bid of Sanco Corporation for acceptance by the City, it intended to recom~ nd, also, the acceptance of said bidder's offer to fumish and supply the additional equipment specified and bid as an alternate, said committee reporting that, together, said bids are the lowest and best bids made to the City for said equipment and that funds are available to purchase the same; and, for the usual daily operation of the municipal government an emergency is declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Ordinance No. 17815, adopted October 30, 1967, providing for the purchase of certai equipment for the City, accepting a certain bid made therefor, rejecting other bids and providing for an emergency, be and said ordinance is hereby amended and reordai ed to provide as follows: 1. That the bid of Sanco Corporation made to the City, offering to furnish and deliver to the City, f.o.b. Roanoke, Virginia, one (1) new type DP 45-20 Dempster Dumpmaster mounted on a 1968 G.M.C. truck chassis and equipped with the Automatic Hydraulic Hopper Cover set out as an alternate in the City's specifications and said bid, all fully meeting all of the City's specifications and requirements made therefor, for a net pm chase price of $16,352.00, cash, for the new Dempster Dumpmaster and new truck chassis and for a price of $388.00, net, for the aforesaid hopper cover, in all a total price of $16,740.00, less 1/2 of 1% if payment is made within ten (10) days after delivery, be, and said bid and alternate bid are hereby ACCEPTED; and the City's Purchasing Agent be, and he is hereby authorized and directed to issue to said bidder a requisite purchase order for the aforesaid equipment, including therein the specifications and requirements made by the City for the supply of said equipment, said bidder's proposal, and the terms and provisions of this ordinance; and, upon delivery to the City of all of the aforesaid new equipment and upon said City's acceptance of the same, the City Auditor shall be, and he is hereby authorized and directed to make requisite payment to said bidder of the aforesaid purchase price, not to exceed the total sum of $16-,740.00, less discount, if earned; and 2. That the other bids made to the City for the supply of the aforesaid equipment be, and said bids are hereby REJECTED; the City Clerk to so notify said 267 BE IT FURTHER 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: × City Clerk , .Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of November, 1967. No. 17835. AN ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, and Sheet No. 162, Sectional 1966 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have the 4.83 acre tract of land generally described as located south of Brandon Avenue, S. W., and west of Laburnum Avenue, and further described as being the tract of land located from the western most si~e of the Rosalino Hills No. 5 Subdivision and the Roanoke City and Roanoke County line and being the western section of Official Tax No. 1620104, rezoned from RS-3, Single Family Residential District, to RG-1, General Residential District; and WHEREAS, the City Planning Commission has recommended that the hereinafter described land not be rezoned from RS-3, Single Family Residential District, to RG-1, General Residential District; and WHER.EAS, 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 13th day of November, 1967, 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, 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. 162 of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz.: Property located south of Brandon avenue, S. W., and west of Laburnum Avenue, described as follows, to-wit: BEGINNING at a point in the approximate middle of Mud Lick Creek, said point also being on the dividing line between Roanoke City and Roanoke County and further described as the most southwest corner of the property formerly owned by Yorktown Limited Partnership (formerly tract 6 of the John A. Persinger heir's partition), said point being further located as 419.33 ft. from the south side of Edgewood Street, S. W.; thence N. 72° 20' E. 311.60 ft. to a point; thence with a new line through the Howard E. Sigmon property in a southerly direction approximately 226 ft. to the northwest corner of Lot 8, Block 16, according to Map No. 5 of Rosalind Hills as recorded in Plat Book 1, page 27, in the Clerk's Office of the Hustings Court, City of Roanoke, .Virginia; thence following the western side of Lots 8 and 9, Block 16, Map No. 5, Rosalind Hills, S. 4° 19' E. 230 ft. to a point, said point being the southwestern corner of Lot 9, as aforesaid; thence continuing with a new line through the Howard E. Sigmon property in a southerly direction approximately 233 ft. to a point in the center of Mud Lick Creek; thence following generally the center of Mud Lick Creek to the point of Beginning over the following courses: N. 73° 10' W. 71 ft.; N. 85° 35' W. 114.5 ft.; N. 51° 40' W. 67 ft.; N. 25° 55' W. 96 ft.; N. 31o 25' W. 161 ft.; N. 11e 40' E. 272.7 ft. to the point of Begin- ing, containing 4.83 acres, and further described as the western portion of the 6.19 acre tract owned by Howard E. Sigmon. designated on Sheet 162 of the Sectional 1966 Zone Map, City of Roanoke, as the western 4.83 acre portion of the tract designated as Official Tax No. 1620104, be, and is hereby, changed from RS-3, Single Family Residential District, to RG-1, General Residential District, and that Sheet No. 162 of the aforesaid map be change( in this respect. APPROVED ATTEST: Ci/ty Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of November, 1967. No. 17844. AN ORDINANCE enacted pursuant to the provisions of Section 15.1-394 of the Code of Virginia (1950) as amended to date providing for vacating, discontinuin and closing that portion of an alley from the northeast corner of Lot 14, extending behind Lots 13 and 14, and along the northwest side of Lot 10, Block 21, of the Raleigh Court Corporation Map, in the City of Roanoke, Virginia. WHEREAS, a petition has been filed with the Council of the City of Roanoke pursuant to the provisions of Section 15.1-364 of the Code of Virginia (1950) as amended to date, wherein it is asked that that portion of an alley from the north- east corner of Lot 14, extending behind Lots 13 aad 14, and along the northwest side of Lot 10, Block 21, of the Raleigh Court Corporat:ion Map, in the Cit~ of Roanoke, Virginia, be vacated, discontinued and closed; and WHEREAS, due legal notice was posted as required by Section 15.1-364 of the Code of Virginia (1950) as amended to date, and in conformity with the law in 269 such cases made and provided, the land proprietors affected thereby along that portion of said alley have been notified; and WHEREAS, by Resolution No. 17728 adopted on the 25th day of September, 1967, the Council of the City of Roanoke, Virginia, appointed viewers to report whether or not in their opinion any, and if any what, inconvenience would result from permanently vacating said portion of said alley; and WHEREAS, the viewers appointed reported, in writing, that after having been duly sworn, they viewed the said alley and the neighboring properties and are unanimously of the opinion that no 'inconvenience would result either to the public or to any person, firm or corporation from permanently vacating, discontinuing and closing said portion of said alley; and WHEREAS, the petition was by the Council referred to the City Planning Commission for its report and recommendation and the City Planning Commission recommended that said portion of said alley be vacated; and WHEREAS, the Council of the City of Roanoke caused a public hearing to be held on the question after publication of due notice thereof; and WHEREAS, this Council, after considering the evidence submitted, is of the opinion that vacating that portion of an alley from the northeast corner of Lot 14, extending behind Lots 13 and 14, and along the northwest side of Lot 10, Block 21, of the Raleigh Court Corporation Map, in the City of Roanoke, Virginia, will not abridge or destroy any of the rights and privileges of any person, firm or corporation and that no inconvenience would result to anyone therefrom, and is further of the opinion that the request of said petition should be granted. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that that portion of an alley from the northeast corner of Lot 14, extending behind Lots 13 and 14, and along the northwest side of Lot 10, Block 21, of the Raleigh Court Corporation Map, in the City of Roanoke, Virginia, be permanently vacated, discon- tinued and closed as provided by Section 15.1-364 of the Code of Virginia (1950) as amended to date, and in accordance with the law in such cases made and provided. BE IT FURTHER ORDAINED by the Council of the City of Roanoke that a certified copy of this Ordinance be delivered by the City Clerk to the Clerk of the Hustings Court of the City of Roanoke, Virginia, to the Clerk of the Circuit Court of the County of Roanoke, Virginia, and to the City Engineer of the City of Roanoke, Virginia, that the City Engineer of Roanoke, Virginia, make appropriate notation of the vacation herein approved on the Official Map of the City of Roanoke. APPROVED ATTEST: (- City Clerk Mayor 270 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of November, 1967. No. 17845. 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. 253, 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 southeast portion of Lot 7, Block 1, Angell Addition Map, Official Tax No. 2530110, as shown on Sheet 253 of the Official 1966 Zoning Map, said lot fronting on the west side of 31st Street, N. W., rezoned from RD, Duplex Residential District, to LM, Light Manufacturing District, and WHEREAS, the City Planning Commission, to whom the matter was referred for study, has recommended that the above described land be rezoned from RD, Duplex Residential District, to LM, Light Manufacturing District; and WHEREAS, the written notice and the posted sign required to be 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 the proposed rezoning of the above described property, have been published and posted as required and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the 20th day of November, 1967, 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. 253 of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz.: That certain lot fronting on the west side of 31st Street, N. W., known and designated as the southeast portion of Lot 7, Block 1, Angell Addition Map, Official Tax No. 2530110, as shown on Sheet 253 of the Official 1966 Zoning Map, City of Roanoke, Virginia, be, and is hereby, changed from RD, Duplex Residential District, to LM, Light Manufacturing District, and that Sheet No. 253 of the aforesaid map be changed in this respect. APPROVED ATTEST: ~i~ty Clerk Mayor 27 L IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of November, 1967. No. 17846. 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. 104, Sectional 1966 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, the Council of the City of Roanoke has, upon its own motion and pursuant to Section 67, of Chapter 4.1 of Title XV, of the Code of the City of Roanoke, 1956, as amended, initiated the rezoning of that certain tract or parcel of land lying on the south side of Edinburgh Street, north of the Norfolk and Western Railway Company tracts, east of Franklin Road, S. W., at the rear of Graves-Humphries, Incorporated, containing 0.84 acre, more or less, being described by metes and bounds in that certain deed of bargain and sale made under date of November 15, 1937, conveying said parcel of land from Virginia Holding Corporation to the City of Roanoke, said deed being of record in the Clerk's Office of the Hustings Court of the City of Roanoke, Virginia, in Deed Book 629, page 209, said parcel of land being a portion of the property shown on the City's tax appraisal map as Official Tax No. 1040401, from C-l, Office and Institutional District, to LM, Light Manufacturing District; and WHEREAS, the parcel of land hereinafter rezoned, combined with that surrounding it, involves an area of two or more acres of land of the same zoning classification, and the City Planning Commission has recommended that the hereinafte described land be rezoned from C-l, Office and Institutional District, to LM, Light Manufacturing District; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Secti'on 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 20th day of November, 1967, at 2:00 o'clock, p.m., before the Council of the City of Roanoke, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the evidence as 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, relating to Zoning, and Sheet No. 104 of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz.: That certain tract or parcel of land lying on the south side of Edinburgh Street, north of the Norfolk and Western Railway Company tracts, east of Franklin Road, S. W., at the 272 rear of Graves-Humphries, Incorporated, containing 0.84 acre, more or less, being described by metes and bounds in that certain deed of bargain and sale made under date of November 15, 1937, conveying said parcel of land from Virginia Holding Corporation,to the City of Roanoke, said deed being of record in the Clerk's Office of the Hustings Court of the City of Roanoke, Virginia, in Deed Book 629, page 209, said parcel of land being a portion of the property described on Sheet 104, of the Sectional 1966 Zone Map, City of Roanoke, as a portion of Official Tax Number 1040401 be, and is hereby, changed from C-l, Office and Institutional District, to LM, Light Manufacturing District, and that Sheet No. 104 of the aforesaid map be changed in this respect. APPROVED ATTEST: / City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of November, 1967. No. 17847. 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. 111, Sectional 1966 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have that certain real property on the northwest corner of Church Avenue and Fifth Street, S. W., further known and described as Lot 3?, Central Park, and further known by the Official City of Roanoke, Virginia, Tax No. 1113413, rezoned from C-l, Office and Institutional District, to C-4, Central Business District Expansion Area; and WHEREAS, the City Planning Commission has recommended that the hereinafte~ described land be rezoned from C-l, Office and Institutional District, to C-4, Central Business District Expansion Area; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section ?1, Chapter 4.1, Title XV, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, have been published and posted as required and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the 20th day of November, 1967, 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 273 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. 111 of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz.: Property located on the northwest corner of Church Avenue and Fifth Street S. W., described as Lot 37, Central Park, and designated on Sheet 111 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax No. 1113413, be, and is hereby, changed from C-l, Office and Institutional District, to C-4, Central Business District Expansion Area, and that Sheet No. lll of the aforesaid map be changed in this respect. APPROVED ATTEST: Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of November, 1967. No. 17848. AN ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, and Sheet No. 411, Sectional 1966 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have that property located on the north side of Tazewell Avenue, S. E., between Tenth Street and Eleventh Street, described as Lot 3, Block 15, Roanoke Land and Improvement Company, Official Tax No. 4111331, rezoned from RG-1, General Residentia District, to LM, Light Manufacturing District; and WHEREAS, the City Planning Commission has recommended that the hereinafter described land be rezoned from RG-1, 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, relating to Zoning, have been published and posted as required and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the 20th day of November, 1967, 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 274 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. 411 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 Tazewell Avenue, S. E., Roanoke, Virginia, between Tenth Street and Eleventh Street, described as Lot 3, Block 15, Roanoke Land and Improvement Company, designated on Sheet 411 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax No. 4111331, be, and is hereby, changed from RG-1, General Residential District, to LM, Light Manufacturing District, and that Sheet No. 411 of the aforesaid map be changed in this respect. APPROVED ATTEST: /City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of November, 1967. No. 17862. 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, a representative of 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 application to the Council for consideration, recommending that said water con- nection 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 outside the City's corporate limits, the premises located at 5436 Williamson Road, N. W., described as Lot 2, Block 14, according to the Map of Boxley Hills Subdivision, 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 275 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 27th day of November, 1967. No. 17863. AN ORDINANCE accepting the proposal of John A. Hall f~ Company, Incor- porated, for the construction of improvements on Wells Avenue, N. E., between Williamson Road and Fourth Street, including a portion of Second Street, south of Wells Avenue; 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 November 20, 1967, and after due and proper advertisement had been made therefor, three bids for furnishing all tools, machines, labor and materials, for the construction of improvements on Wells Avenue, N. E., between Williamson Road and Fourth Street, including a portion of Second Street, south of Wells Avenue, were opened and read before the Council whereupon said bids were referred to a committee appointed by the Council to tabulate and study the same and to make report and recommendation thereon to the Council; and WHEREAS, said committee has reported to the Council in writing its recommendation on said bids, from which it appears to the Council that the proposal of John A. Hall g Company, Incorporated, represents the lowest and best bid made to the City for the performance of said work, and should be accepted; 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 John A. Hall ~ Company, Incorporated, for the construction of improvements on Wells Avenue, N. E., between Williamson Road and 276 and Fourth Street, including a portion of Second Street, south of Wells Avenue, as described in the City's plans and specifications, for a lump sum of $74,410.55, 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 John A. Hall,&Compan Incorporated, 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. 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 27th day of November, 1967. No. 17864. AN ORDINANCE directing and providing for the acquisition of an approximat, 2.4 acre parcel of land in Roanoke County, necessary for municipal airport purposes in connection with the City's Airport North Clear Zone Project 16; and providing for an emergency. WHEREAS, in order to provide for the safe and proper operation of the City's Municipal Airport in Roanoke County and to provide a clear zone at the north end of Runway 15-33 at said Airport as contemplated by the City's pending Airport Project 16, the additional land hereinafter described is wanted and needed to be acquired by the City, in fee simple, additional to those lands referred to in ordinances heretofore adopted by the Council; and WHEREAS, the City has caused appraisals to be made of the fair market value of the 2.40 acres of land hereinafter described, on the basis of which the value set out with respect to said property has been determined by the Council to be reasonable to be offered, funds sufficient for the payment of the purchase price hereinafter authorized to be paid having heretofore been appropriated for the purpose by the Council; and WHEREAS, for the immediate preservation of the public safety and 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. 277 follows: THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as 1. That the proper City officials be, and they are hereby authorized, directed and empowered, for and on behalf of the City, to acquire by purchase from Lincoln D. Barrett and Mary F. Barrett, the owners thereof, the fee simple, unencumbered title to the following described tract or parcel of land, at a purchase price not to exceed the sum of $1,750.00, which said sum is deemed to represent the value of said land and of all damages to the residue property of the owners, which said land is situate in Roanoke County, Virginia, north of State Secondary Route 117, generally described as follows: All that certain parcel of land containing 2.40 acres, more or less, bounded on the west by the land of E. D. Downing, on the south by the lot owned by Marion E. Lyon, on the north by the line of the northerly limits of the City's Airport north clear zone and by the 6 acre residue of said owners' 10.4 acre parcel of land, and on the east by the east line of said owners' original 10.4 acre parcel of land; said 2.4 acre parcel of land being a southerly portion of that certain 10.4 acre parcel of land acquired by the aforesaid owners by a certain deed of record in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 619, page 407, and, further, being as is shown on Sheet 3 of the map entitled Roanoke Municipal Airport, Exhibit "~t", Project 9-44-012-16, dated February 24, 1966, revised March 2, 1966; and upon delivery to the City of a good and sufficient deed of conveyance, conveyin9 to the City the fee simple, unencumberea title to said parcel of land, upon such form of deed as is first approved by the City Attorney, the proper City officials be, and they are hereby authorized to pay to the aforesaid Lincoln D. Barrett and Mary F Barrett, or to the person or persons indicated by title examination, the $1,750.00 purchase price hereinabove authorized, charging the same to funds heretofore appropriated for the aforesaid Project; 2. That the_City Manager be, and he is hereby authorized and empowered to enter into requisite contract of sale with the aforesaid property owners in furtherance of the provisions of this ordinance, such contract to be upon terms not inconsistent herewith and in such form as is first approved by the City Attorney; and 3. That should the City be unable to acquire from the aforesaid owners, or either of them, the property herein described by purchase, at the price herein- above provided, then, and in such event, the City Attorney shall be, and he is hereby authorized and directed to institute and conduct, in the proper Court, condemnation proceedings to acquire for and on behalf of the City the fee simple title to the 2.40 acre parcel of land above described and, in so doing, and the public necessity and public convenience requiring the City's right of entry on said land for the purpose of completing the provision and establishment of the aforesaid airport runway clear zone necessitated by the aforesaid project, to make application to the court for a right of entry as provided for in §25-46.8 of the 1950 Code of Virginia, as amended, and the proper City officials are hereby authorized and directed to issue and to pay into court for the benefit of the owners of said 278 parcel of land the City's check in the sum of $1,750.00 representing the amount of the City's offer made to said owners in accordance with the ordinance and §25-46.5 of said Code. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in full force and effect from its passage. APPROVED ATTEST:~ , · ~~ . ~ / 1/ ~' C'lerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of November, 1967. No. 17~65. A RESOLUTION approvin~ and makinq effective certain rules and requlations relatinq to the administration of overtime work by personnel in the City's classified service, and to the compensation to be paid as overtime pay for authorized overtime ~ork performed by such employees. ~HEREAS, the City Manager has proposed to the Council for approval and adoption certain requlations relatin~ to the administration of ove-rtlme ~.~k ~a~ overtime pay, all of which the Council has considered and, with .certain chan~es contorted in the rules and regulations hereinafter set out, deems proper to adopt and place into effect. THEREFORE, BE IT RESOLVED by the Council of the City of ~oanoke that ther~ be and are hereby adopted as the rules and regulations relatin0 to th~ administrati of overtime ~ork hereafter performed by personnel in the City's classified service and 9overnin~ the compensation to be paid for author/zed overtime ~ork so performed by said employees, the follo~inq express rules and requlations, namely; OVERT I~E REGULATIONS Overtime is defined as time ~orked outside of reqular ~ork schedules as a result of or necessitated by emerqency requirements or by seasonal activities. Overtime work, or duty, must be authorized by City Manager or department heads as deleqated by the City ~ana~er, with the latter requirinq revie~ approval by ~he City ~ana~er. Employees required to ~ork or be on duty overtime, ~hen properly authorized, shall be compensated for such service. It is intended and directed that the administration of overtime be uniform, consistent ~ith these regulations, with all .employees, and that there be full and adequate compensation for employees beyond their regular duty hours. As a ~eneral rule, requests for or requiremen~ of frequent or considerable overtime services or duty in a department or a~ency shall be reqarded as evidence of under- staffin~ or improper orqanization and shall be subject to investigation by ~he City Manaqer. The administration of overtime shall be in accordance ~ith and subject to each of the follo~in0 provisions, as applicable. 279 Overtime will be paid to an employee for time worked or duty performed in excess of forty hours per week, or, for time worked or duty performed in excess of the normal or regular work week schedule o.~ the employee's position or duty, whichever is applicable.. For the Purpose of determining overtime, a work day is defined as the twenty-four. (24) hour period beginning With the employee's normal and scheduled daily starting time. The work week commences with the start of the employee's normal work day on Monday of each week. C. All overtime pay will be calculated and paid at the rate of 1-1/2 times the employee's hourly rate as determined by the Pay Plan of the City. On legal holidays of the City the overtime of 1-1/2 times the employee's 'hourly rate will be in addition to authorized holiday pay. Overtime will be compensated on the basis of hourly units with time in excess of an hour but less than thirty minutes not being credited for compensation and time of thirty minutes and above being credited as a full hour. Empioyees scheduled for work on legal holidays in the course of normal operation procedure will be compen- sated by the provision of an alternate date as established by the department head. Said alternate date will be regarded as a holiday for the application of these regulations. For any call back to duty, after an employee has left his regular work station or schedule, a minimum of two hours over'time shall be paid. The period of overtime eligible for payment to the employee will be determined as commencing with the employee's report to duty at the time and place and in the manner prescribed by the person directing the overtime, and will be determined as terminating by the employee's release from the duty or work or by the conclusion of the assigned duty, work, or project, whichever is the earlier. Employees, including supervisory personnel, involved in the task force system of operation will not be eligible for overtime payment or compensation when under the task f~rce. Overtime for Fire Department personnel will be calculated and paid in accordance with these regula- tions but will be paid only in the case of emergency call back or where the overtime extends beyond the normal duty schedule as set by the department for the particular employees involved in the call back. Approved vacation and compensatory time off from work will be considered as time worked for the purpose of computing overtime when employees are called back from such approved leaves to perform necessary work. Employees may be allowed to work as a maximum of sixteen (16) hours during any twenty-four (24) hour period. This maximum shall not be exceeded except in extreme emergencies and with prior approval of the City Manager. For the following employees or duty conditions, compensation for overtime work or duty performance shall be by compensatory time rather than overtime payment except in extended circumstances or extended emergency periods wherein application of compensatory time becomes impractical: 1. Employees in grade 23 and above. Time beyond established or regular duty hours for employees whose job responsibility under normal, customary and non-emergency circumstances includes and/or requires certain supervisory or inspectional functions shall not be considered compensatory. Supervisory is deemed to include supervision of equipment, personnel or facilities. Example A: An employee supervises a facility manned by two or three shifts. The supervisor returns to the - - I[ 28O payment. Example B: An employee has inspectional responsibility of certain activities or areas of the City. Routifie follow-up or spot-check work is not eligible for overtime payment. Emergency call back is considered eligible for overtime payment. Employees not titled in the pay and classifica- tion plans of the City. All overtime pay provided for under paragraph K. of these regulations shall be computed at the rate of straight time. Compensatory time as applied shall be in accordance with any rules and regulations applicable thereto. The record of compensatory time shall be recorded on forms provided for this purpose by the City Auditor. Wherein a firmly stipulated portion of an employee's pay or salary is paid by the State or Federal govern- ments, either by payment to the employee or the City, the City will pay overtime compensation to the employee to the extent of the City's portion of regular compensation unless reimbursement by the State or Federal government is authorized or antici- pated. Overtime for Police Department personnel will be calculated and paid in accordance with these regula- tions except that police officers in court duty or attendance or in funeral service shall be subject to the following provisions: (a) for at.tendance or duty in court, during other than regular duty hours, police officers shall be compensated at a rate not to exceed two dollars ($2.00) per day, the per diem rate to apply and be a maximum whether attendance is at one or more courts in a single day, and (b) for perform- ance of police service at a funeral during other than regular duty hours, police officers shall be compensated at a rate not to exceed five dollars ($5.00) per funeral. Overtime service under this paragraph shall be subject to approval by the Superintendent of Police. Ne Employees under supervision other than that of the City Manager, i.e. courts, school board, etc., will be subject to policies of those offices, boards, etc., as to overtime policies, except that such policies are not to grant or extend benefits or payments in excess of those prescribed in these regulations. BE IT FURTHER RESOLVED that the aforesaid rules and regulations be placed in effect upon the adoption of this resolution. APPROVED ATT EST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of November, 1967. No. 17866. A RESOLUTION relating to the disposition of cases involving criminal offenses by juveniles, and to the recovery of damages to public property resulting from willful or malicious destruction or damage to the same by certain minors. WHEREAS, the Council is concerned with the incidence of criminal offenses committed by juveniles in the City, and with reported acts of vandalism committed by certain minors and others against public and private property, both of which unlawful acts appear too often to remain undisclosed to the public or go unrequited; and WHEREAS, this Council is further of opinion that, were certain of the provisions of State law relating to such matters more frequently employed by public officials in their handling and disposition of cases involving such matters, such action would have a deterrent effect upon other similar commissions or upon those persons presented with a desire or opportunity to commit unlaw.ful offenses against the public, and would enhance the general welfare of the City and the State. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That. this Council most seriously recommends to the attention of the Judges of the Juvenile and Domestic Relations Court of the City of Roanoke those provisions of §16.1-162 of the 1950 Code of Virginia, as amended, which, after making general provisions for the orderly conduct of cases arising before said Court under the Juvenile and Domestic Relations Court Law and for the trial of cases by said Court, provides, in part, as follows: "*** that in cases involving criminal offenses by juveniles, the judge may make public the name of the offender, the names of the parents of the offender and the nature of the offense, if he deems it to be in the public interest." 2. That, as is authorized by the provisions of §8-654.1 of the 1950 Code of Virginia, as amended, when any property of the City or of the School Board be willfully or maliciously damaged or destroyed by any minor under the age of lO years, living with his parents or either of them, the extent anu value oi' such damage or destruction shall be immediately assessed and evaluated by the City ~lanager or by the School Board of the City of Roanoke, as the case may be, and if the value of such damages be not immediately paid to the City or to said School Board, such claim for damages shall thereupon be transmitted to the City Attorney, who shall institute an action and take steps to recover from the parents, or either of them, the damages suffered by reason of the willful or malicious destruction of, or damage to, such public property, within the limits provided by law. ATT EST: ./~./'-~i _/ // / ' City Clerk APPROVED Mayor .282 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of December, 1967. No. 1786'7. 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. Howard J. Brinner, John Holliday Kennett, William A. Martin and James P. Hart, Jr., whose duty it shall be to prepare and submit to the Council a proposed annual budget for the ensuing fiscal year; and WHEREAS, the aforesaid Charter provision ~equires that the appointment of the freehold citizen members of the Budget Commission be made with the approval of the majority of the members of Council. THEREFORE, BE IT RESOLVED by the Council of thee City of Roanoke that the Mayor's appointment of Messrs. Howard J. Brinner, John Holliday-Kennett, William A. Martin and James P. Hart, Jr., 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. APPROVED ATTES~ City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of December, 1967. No. 17868. AN ORDINANCE to amend and reordain Section ~451, "C~pital Outlay from Revenue," of the 1967-68 Sewage Treatment Fund Appropriation Ordinance, and providin for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~451, "Capital Outlay from Revenue," of the 1967-68 Sewage Treatment Fund Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CAPITAL OUTLAY FROM REVENUE Chlorine Treatment of Effluent (1) ....................... $ 1,850.00 (1) Net increase $400.00 BE IT FURTHER ORDAINED that, an emergency exi~ing, this Ordinance shall be IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of December, 1967. No. ~B69. AN ORDINANCE to amend and reordain Sectiom = 64, "Maintenance of City Property," 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 Section =64, "Maintenance of City Property," of the 1967-6B Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: MAINTENANCE OF CITY PROPERTY Maintenance of Building and Property ........................................ $269,530.04 Airport (1) .............. (1) Net increase- BE IT FURTHER ORDAINED that, an be in effect from its passage. $16,BB4.30 $64.30 emergency existing, this Ordinance shall ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of December, 1967. No. 17870. AN ORDINANCE to amend and reordain Section =63,"Mun'icipal Building," of th, 1~67-6B 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 Section ~63, "Municipal Building," of the 1967-66 Appropriation Ordinm ce, be, and th same is hereby, amended add reordained to read as follows, in part: MUNICIPAL BUILDING =63 Personal Services (1) ............................. $ 37,676.00 (1) One elevator operator, Range B, Step 1 @ $252.00 per month ............. $1,764.00 BE IT FURTHER ORDAINEO that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED 284 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of December, 1967, No. 17871. A RESOLUTION requesting the Commonwealth of Virginia, Department of Highway to incorporate into the plans of the Route 460 Project 0460-128-102, RW-201, provisio for the construction and installation of a new 36-inch sewer line from 12th Street, N. E., to Tinker Creek, the entire cost of which is to be reimbursed by the City to said Department of Highways. WHEREAS, the Commonwealth of Virginia, Department of Highways, in participation with the City, proposes,to construct or otherwise improve a section of Route 460, .Project 0460-128-102, RW-201, in the City of Roanoke; and WHEREAS, the City Council desires that the new 36-inch sanitary sewer 'line be incorporated into the highway contract to be performed by said Department of Highways' contractor, at no expense to the State, and be included in the plans of the aforesaid project .~nd installed by said highway contractor in connection with the construction of the aforesaid project. THEREFORE, BE IT RESOLVED by the Coun'cil of the City of Roanoke that said City of Roanoke hereby requests the Commonwealth of Virginia, Department of Highways, to include in the plans and specifications for the construction of Route 460,,Project 0460-128-102, RW-201, provision for the construction and installation for the City and at said City's entire cost of a new 36-inch sanitary sewer line to extend from 12th Street, N. E., to Tinker Creek, the plans and specifications of ~ ich said sewer line shall be approved by the City Manager; and said City of Roanoke agrees to reimburse the Commonwealth of Virginia, Department of Highways, upon presentation of an invoice, the cost of installing and constructing all of said new sewer line so included in said highway plans and contract, based on the unit prices in the overall low bid accepted by the Commonwealth of Virginia, Department of Highways, plus ten percent (10%) for contingencies. BE IT FURTHER RESOLVED that the City Manager do transmit to Se aforesaid Department of Highways, through established channels,~attested copies of this resolution. ATT E ST: / City Clerk .APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of December, 1767. No. 17B73. AN ORDINANCE relating to the widening and improvement of Dale Avenue, S. E., State Route 24 Project No. 0024-128-102, PE-iO1, C-SO1, and approving a contract to be entered into between the City and the Virginia Department of Highways relating thereto; and providing for an emergency. WHEREAS, the lowest bid received by the Department of Highways for the construction of the City's Dale Avenue State Route 24 Project, providino for the widening and improvement of Dale Avenue, S. E., from Tinker Creek westerly to 19th Street, S. E., has been reported by said Department of Highways to the City and the has been prepared and tendered to t~e City by said department a written agreement to be entered into between the City and said department providing for the financing of said project and for the operation of said new street upon its completion, which said agreement, drawn under date of December 4, 1967, is on file in the Office of t City Clerk and a copy of which has been tendered to the Council for consideration; and WHEREAS, funds sufficient to pay the City's estimated share of the total cost of said project, namely $42,816.30, have been appropriated by the Council for the purpose and, for the usual daily o~ ration 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 and the City Clerk be and are hereby authorized and directed, for and on behalf of the City to execute and to seal and attest, respectively, that certain written agreement prepared under date of December 4, 1)67, to be entered into between the City of Roanoke and the Commonwealth of Virginia, Department of Highways, for the prosecution of the project for the improvement of 0.57 mile of Route 24, Dale Avenue, S. E., within the City extending westerly from the City's east corporate limits in Tinker Creek to lSth Street, S. E., and designated Project 0024-128-102, PE-iO1, C-501, B-601, pursuant to which agreement the City shall agree to participate in the payment of the actual cost of said project in accordance with the tabulation set out on page 2 of said agreement, the City's total estimated share of such costs being the sum of $42,816.30, and shall further agree that said City, thereafter, will adequately maintain said new street and will erect signs and regulate parking and control crossovers and traffic lanes in said street as provided in said written agreement. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage. APPROVED ATTE ST: 285 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of December, 1967. No. 17872. A RESOLUTION relating to the City's acquisition of a certain 2.40 acre parcel of land, more or less,needed for municipal airport purposes, heretofore authorized to be acquired pursuant to Ordinance No. 17864. WHEREAS, the City Manager was heretofore directed by the Council by Ordinance No. 17864 to offer to purchase and acquire in fee simple for the City from Lincoln D. Barrett and Mary F. Barrett a certain parcel of land containin9 approximately 2.40 acres, the same being needed for the City's Municipal Airport North Clear Zone, and, in so offering, to agree to pay to said owners the sum of $1,750.00, cash; and WHEREAS, the aforesaid owners have, in an offer of compromise ~nd without prejudice, offered and agreed in writing to sell and convey said land to the City for a consideration of $1,850.00, cash, net to said owners, provided that it be agreed that said owners may, by permit or license from the City, use said land for I stock ~razin~ purposes, without cost,until such time as the new property line be .'~ fenced by the City; and WHEREAS, the City Manager and the City Attorney having recommended to the Council the City's acceptance of said owners' written proposal, the Council concurs in said recommendation and has appropriated an amount sufficient to pay said purchase price. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said City doth hereby ACCEPT the written offer and agreement of Lincoln D. Barrett and Mary F. Barrett, made under date of November 28, 1967, to sell and convey to the City in fee simple and with general warranty of title, free from all encumbrances, that certain property generally described in Ordinance No. 17864 as containing approximately 2.40 acres of land for the sum of $1 ,850.00, cash, net, to be pa~d by the City upon delivery of a good and sufficient deed of conveyance thereto and to which shall be affixed by the City the necessary revenue stamps, said deed to be prepared by the City Attorney, said owners to have the right by license or permit to be issued by the City Manager to use said 2.40 acre parcel of land, without cost, for private stock grazing purposes until such time as the City shall erect a fence along the new boundary line between said 2.40 acre parcel and said owners' residue land. BE IT FURTHER RESOLVED that the City Clerk forthwith mail to the aforesaid landowners an attested copy of this resolution. ATTEST: ? City Clerk APPROVED Mayor 286 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of December, 1967. No. 17874. A RESOLUTION extending the term of an option heretofore granted by the City to The Macke Company, a Delaware corporation, by Ordinance No. 17768, to purchase a certain 9.88 acre parcel of land in the city of Roanoke. WHEREAS, th'e Council here[ofore, by Ordinance No. 17765 adopted on October 9, 1967, provided for the City's grant of the purchase option hereinafter mentioned, the same to be exercised within sixty days from October 9, 1967; and WHEREAS, due to the pendency of a proposal for the reclassification under the zoning regulations of the City of the property which is the subject of said purchase option, the grantee of said option has requested that the term thereof be extended until said pending proposal be acted upon and, if order, become effective which said request the Council considers reasonable and proper to be granted. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the term of the purchase option heretofore granted by the City to The Macke Company, a Delaware corporation, by Ordinance No. 17765, to purchase and acquire from the City a certain 9.88 acre parcel of land on the southwest side of the right-of-way Of Interstate Spur 581, designated as Official No. 2130801, in the Cit~, upon certain terms and conditions, be, and the term of said purchase option is hereby extended until January 28, 1968; all other terms, conditions and provisions of the aforesaid purchase option as set out in Ordinance No. 17765, aforesa'id, to be and remain the same. APPROVED ATTEST: City Clerk Mayor IN THE COUNC IL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of December, 1967. No. 17875. AN ORDINANCE relating to the acquisition of the properties designated as Parcels 043, 050 and 067 in Ordinance No. 17663, relating to the city's Orange Avenue, N. E., Route 460 Project 0460-128-102, RW-201, and providing for the purchase prices to be paid for said parcels; and providing for an emergency. WHEREAS, the properties hereinafter described, being wanted and needed by the City for construction of its Orange Avenue, N. E., Route 460 Project, were directed to be acquired by the City upon certain terms and con itions set out and contained in Ordinance No. 17663 and for the specific prices stated in said 287 WHEREAS, having been unable to acquire said properties by purchase for the amounts heretofore provided, condemnation ~oceedings have been instituted against each said property and its owner, during the course of which and with reasonable justification it has been recommended to the Council that authority be given to offer and pay, in each said case, the increased price or consideration hereinafter set o~, the owners of the respective parcels of land being willing to accept the same and thereafter to convey to the City the rights in land so needed to be acquired; md WHEREAS, additional funds in the total sum of $200.00 have been appropriate~ by the Council f~ the purposes herein provided, and, for the usual daily operation of the municipal government an emergency is declared to exist in order ~at this ordinanc~ take effect upon its passage, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City do proceed to acquire from the owners thereof, whose names are set out opposite each of the three following parcels of land, numbered with reference to the plans of the City's Orange Avenue, N. E., Route 460 Project and for the total cash price or consideration set out opposite each said parcel, all of the following: Parcel 043, from J. R. Hunt, owner, for Parcel 050, from Robert C. Nelms, owner for ........................ Parcel 067, from Dorothy Ruth Young, owner, for ................ $100.00 $150.00 $]15.00; and the City Auditor be, and he is hereby authorized and directed, upon request of the City Attorney, to draw and deliver to said City Attorney checks in payment of the aforesaid purchase prices, which said checks may be made payable into Court or to the respective landowners or persons certified by the City Attorney to be entitled theret( BE IT FURTHER ORDAINED that so much of the provisions of Ordinance No. 17663 adopted August 7, 1967, as provide for the purchase price to be paid for Parcel 043, 050 and 067 hereinabove mentioned, be, and are amended to the extent provided in this ordinance and, further, 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 4th day of December, 1967. No. 17876. AN ORDINANCE authorizing employment of engineering services for the survey, design, p~eparation of plans and supervision of construction of certain public 288 WHEREAS, approval has been given to the City's sale and i. ssuance of certain bonds for the purpose, amo~ others, of defraying the costs of constructing certain needed public sewer interceptor lines in the City, Project No. 1 consisting of Tinker Creek, Orange Avenue and Lick Run interceptors, Project No. 2 consisting o a Williamson Road and Compton Road interceptor and Project No. 3 consisting of a Trout Run and Campbell Avenue interceptor, and the C0unci} desires to ~ oceed fOrthw ~h in providing for necessary field surveys, the ~eparation of necessary'plans, drawings and specifications, for supervision during construction and for field supervision for all said improvements; ,and. WHEREAS, Hayes, Seay, Mattern and Mattern, Ar'chitects-Engineers, have offered to agree to provide ~the professional engineering servi-ces, supervision and inspection and related services necessary to be rendered in and about the city's construction of' said new improvements, and have tendered to the City their offer in writing to perform all such services, said offer being in the form of a written form of agreement made under date of December 1, 1967, the ~ iginal copy whereof is on file in the Office of the City Clerk; and WHEREAS, the Council, upon consideration of all such matters, deems it to bhe best interest of'the Ct~ty to e.ngage the services of said architects and engineers upon the terms herein provided and as set out in said tendered agreement; and WHEREAS, funds sufficient to pay for the cost of the abovementioned servic have been appropriated by the Council forthe purpose and, for the usual daily operat n of the municipal government, an ~ergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the city of Roanoke that the firm of Hayes, Seay, Mattern and Mattern, Architects-Engineers, of Roanoke, be engaged by the City to perform all necessary .professional engineering services and to make necessary field surveys, prepare all necessary plans, drawings and specigica' ons, and the necessary bidding information and contract conditions, and to assist in the drafting of proposal and contract forms, and to perform all other related professio services in connection with the, City's construction of certain new public sewer interceptor lines in the City, Project No. 1 consisting of Tinker Creek, Orange Aven and Lick Run interceptors, Project No. 2 consisting of a Williamson Road and Compton road interceptor., and Project No. 3 consisting of a Trout Run and Campbell Avenue interceptor, said firm to be paid for its services to the City for all such work the following sums: For Field Surveying and Designing: Project No. 1 Project No. 2 Project No. 3 For Preliminary Plans, Trial Design and Construction Phase: Project No. 1 Project No. 2 Project No. 3 For Field Supervision of Core Borings and Material Test: Project No. 1 $ 3,749.04 4,800.00 3,800.00 $ 38,500.00 28,810.00 33,540.00 $ 1,000.00 289 When and if required by the city: (a) For Resident Project Services Plus Travel on Project @ $0.12 per mile (b) Other-out of town travel only 1.5 x Payroll Cost 2.5 x Payroll Cost, not to exceed $300, all such payments and reimbursements for services and expenses to be made in the manner and at the times provided and subject to all of the conditions of the written agreement hereinabove mentioned, the terms of which said sgreemem are incorporated herein by re J~rence. BE IT FURTHER ORDAINED that the Mayor be, a~ is hereby authorized and directed, for and on behalf of the City,to execute the original and two (2) copies of the afores~d written agreement above referred to,the original of which shall be kept on file in the Office of the City Clerk, the form of said written agreement to be approved by the City Attorney. BE IT FURTHER ORDAINED that, an emergency exi~ing, 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 December, 1967. No. 17877. AN ORDINANCE authorizing employment of engineering services for the survey, design, preparation of plans and supervision of construction of a certain public storm drain project to be constructed by the City as a part of its current Capital Improvements Program; providing for the payment of the cost of such engineering services; and providing for an emergency. WHEREAS, approval has been given to the City's sale and issuance of certain bonds for the purpose, among Others, of defraying the costs of providing and constructing certain public storm drains or storm relief sewers in Norfolk Avenue,and in 2nd Street, S. E., and the Council desires to proceed forthwith in authorizing and providing for the necessary surveys and preparation of necessary plans, drawings and specifications for said ~provements and in the construction of said new facilities; and WHEREAS, Hayes, Seay, Mattern and Mattern, Architects-Engineers, have offered to agree to provide the professional architectural and engineering services, supervision and inspection and related services necessary to be rendered in and about the City's construction of said new improvements, and have tendered to the City their offer in writing to perform all such services, said offer being in the form of a written form of agreement made under date of December 1, 1967, an origina copy whereof is on file in the OffM e of the City Clerk; and 29O WHEREAS, the Council, upon cons'ideration of all such matters, deems it to the best interest of the City to engage the services of s'aid architects and engineer upon the terms herein provided and as set out in said tendered agreement; and WHEREAS', 'funds sufficient to. pay for the cost of the abovementioned servic. have been appropriated by the C0unc il for the purpose and, for the usual daily operat of the municipal government, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the firm of Hayes, Seay, Mattern and Mattern, Architects-Engineers, of Roanoke, be engaged b'y the City to perform all professional engineering services and to make necessary surveys and prepare all necessary plans, drawings and specifications and to prepare proposed forms and' notice's to bidders, and to a'ssist in Preparation'of contract documents, and to perform all other related protessional services in connection with the City's construction of certain public improvement projects consisting of storm,drains or storm relief sewers to be constructed in Norfolk Avenue and in 2nd Street, S. E., as provided in the City's current Capital Improvements Program, said firm to be paid for its basic services a fee of $1,300.00 for field surveying for design, a fee of $42,210.00 for preliminary plans, final design and services during the conslruction phase of said projects, a fee of $900.00 for field supervision of core borings and material test, and such other payments and reimbursements for additional services and expenses hereafter authorized as are defined in the form of agreement hereinabove mentioned, the terms of which said agreement are incorporated herein by reference. BE IT FURTHER ORDAINED that the Mayor be, and he is hereby authorized and directed, for and on behalf of the City, to execute the original and two (2) copies of the aforesaid written agreement above referred to, the Original ~f which shall be kept on file in the 'office of the City Clerk, the form of said written agreement to be approved by the City Attorney. BE IT FURTHER ORDA'INED that, an emerg'ency 'existing, this ordinance be in force and effect upon its passage. APPROVED ATTEST: City Clerk ayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of December, 1967. No. 17878. A RESOLUTION authorizing .the city Manager to permit the installation of a banner advertising National HEART MONTH, across downtown Jefferson Street, upon certain terms and conditions. S on 291 BE IT RESOLVED by the council of the City of Roanoke that the City Manager be, and he is hereby authorized to issue to the Roanoke Valley Heart Association a permit to install a canvas banner across downtown Jefferson Street at the Campbell Avenue intersection in connection with the observance of National HEART MONTH, a service project of Roanoke Valley Heart Association, said banner to remain no later than February 28, 1968; provided said organization shall cause said banner to be removed promptly after the abovementioned date and provided, further, that said banner be installed at a location and in a manner satisfactory to the City Manager and, prior to its installation, the City be furnished insurance coverage to be approved by the City Manager, insuring the City from any and all liability that may result to the City because of the installation of the aforesaid banner across said street. ATTE ST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of December, 1967. No. 17679. AN ORDINANCE amending and reordaining paragraph numbered 13. of Sec. 79.1, Article XVI. Definitions, of Chapter 15.1, Title XV, of the Code of the City of Roanoke, 1956, relating to Zoning, said paragraph defining the word "Family"; and providing for an emergency. 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 Court oil the amendment of the district zoning regulations hereinafter set out and provide 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 gene~l 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 4th day of December, 1967, in accordance with said notice, and thereafter, on the recommendation of the Planning Commission as aforesaid, at which public hearinU all persons in interest and citizen were afforded an opportunity to be heard on the question; and WHEREAS, upon the Council's due consideration of the recommendation ~ said Planning Commission, and of the matters [resented at said public hearing, the Council is of opinion that paragraph numbered 13, of Sec. 79.1, Article XVI. Definitions, Chapter 15.1, Title XV of the Code of the City of Roanoke, 1956, as amended, should be amended as hereinafter provided; and 292 WHEREAS, for the usual daily operation of the municipal government and knowing that additional areas of territory wil be transferred to the zoning and other jurisdiction of the City as of midnight, December 31, 1967, the Council hereby sets forth and declares an emergency to.exist in order that this ordinance may take effee.t upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that paragraph numbered 13, defining the word "Family", Of Sec. 79.1, Article XVI. Definitions, Chapter 4.1, Title XV, relating to Zoning, of the Code of the City of Roanoke, 1956, as amended, be, and said paragraph numbered 13. is hereby amended and reordained to read and provided as follows: 13. Family. Except for the regulations applicable to RS-1 Single-Family Residential Districts, the word "family" shall be construed to mean one or more persons occupying single dwellino unit and ~iving and cooking together as a single housekeeping unit, but the word shall not be construed to include more than four persons unrelated by blood, marriage or ad6ption. In the ~egulations applicable to RS-1 Single-Family Residential Districts, the word "family" shall be construed to nm n one or more persons occupying a single dwelling unit and living and cooking together, all of which persons shall be related to the others by blood, marriage or adoption, and no one of which persons shall be a roomer, boarder or lodger, for compensation; except that in RS-1 Sinole-Family Residential Districts not more than two (2) persons unrelated to~e-others may be permitted, as a special exception to be granted by the Board of Zoning Appeals, to occupy the dwelling uhit as boarders or roomers with such others, after application made to said Board for such special exception and public hearing held before said Board. 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 llth day of December, 1967. No. 17880. AN ORDINANCE authorizing the construction of sanitary sewer mains and laterals to serve the properties situate on both sides of Orange Avenue, N. E., (U.S. Route 460), between Tinker Creek and the City's present east corporate limits one-half of the total cost of which is proposed to ~ assessed upon the abutting landowners when the cost shall have been ascertained and the other proceedings held as provided by law; creating a committee to ascertain the cost of such improvements and to apportion and assess such cost equally between the City and abutting landowner. who may be served by said sewer, and before whom said landowners may appear ~ith reference to such apportionment or assessments; providing for notice to abutting landowners of the hearing or hearings before said committee; and providing for m 293 WHEREAS, a public hearing having been held before the Council on December 11, 1967, as provided and in accordance with the provisions of Article 2, Chapter 7, Title 15.1, of the Code of ¥irginia, 1950, on the question of constructing the public sanitary sewer improvements hereinafter described, the cost of which is proposed to be apportioned and assessed ~ually between the City and the landowners abutting said '~improvements and to be served thereby, no such assessment, however, to be made in :excess of the peculiar benefits resulting therefrom to such abutting landowners; and WHEREAS, at the conclusion of the aforesaid public hearing it is the ;!o, pinion of the Council that the proposed sewer improvement should be ordemd the !~Council deeming the mme to be of general benefit to all of the properties abutting thereon which may be served thereby;and WHEREAS, for the usual daily operation of the municipal government, an emergency is declared to exist. THERFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the construction ff a public sanitary sewer line 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 lima s, the cost of which improvements, w hen the same shall have been ascertained, shall be apportione or asessed equally between the City and the landowners served thereby, be, and said public improvement project is hereby authorized and, when the plans therefor have been finalized, the City Manager is authorized and directed to advertise for bids for the construction thereof. 2. That Mayor Benton O. Dillard and Councilmen John W. Boswell, games E. Jones, David K. Lisk, Frank N. Perkinson, Roy R. Pollard and Vincent S. Wheeler, each to whom is m official of the City, are hereby appointed and shall constitute a committee to whom is hereby referred the matter of the aforesaid public improvement, the cost of which, when the same shall have been ascertained by said committee, is to be properly apportioned and assessed equally between the City and the abutting landowners served thereby, as provided by law. 3. That the City Manaoer cause plans and specifications to be prepared for the aforesaid improvement and estimates to be made of the total cost thereof and, thereafter, to cause advertisement to be published for bids for the making of said improvements. 4. That the aforesaid committee shall, after conducting a hearing or hearings as provided by law,ascertain and report to the Council the proper apportion- merit and proposed assessment of the taal cost of such improvement between the City and the landowners abutting on and served by said improvement; said committee, prior to such hearing or hearings, to notify said abutting landowners when and where they any appear before said committee to show cause, if any they or any one of them can, against such apportionment or assessment, such notice to be given by one or more of the methods provided in the aforesaid statute, as to which method said committee may decide and direct. 5. Upon completion of such hearing or hearings, the said committee shall 294 BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of December, 1967. No. 17881. A RESOLUTION approving a comprehensive pian and authoring and approving additional low-rent housing for Project No. VA. 11-6 proposed to be erected by the City of Roanoke Redevelopment and Housing Authority. WHEREAS, Council for the City of Roanoke did, by Resolution No. 10363, adopted on January 30, 1950, authorize and approve the exection on behalf of the City of Roanoke of the Cooperation Agreement between the City of Roanoke and the City of Roanoke Redevelopment and Housing Authority for the construction of 900 units of low-rent housing to be developed and located within the corporate limits of the City of Roanoke; and WHEREAS, pursuant thereto said Cooperation Agreement dated January 31, 1950 was entered ~to between the said City of Roanoke and City of Roanoke Redevelopment and Housing Authority; and WHEREAS, pursuant thereto, there was erected 600 units of low-rent housing by the City of Roanoke Redevelopment and Housing Authority within the corporate limit. of the City;; and WHEREAS, by Resolution No. 15911, adopted on July 13, 1964, it was resolved by the Council of the City of Roanoke that there is a need in the City of Roanoke for an additional 300 units of low-rent housing, that the City of Roanoke Redevelopment an Housing Authority should proceed with the planning and surveys, and such other stePs as are necessary in the development of a development program for an additional 300 units of Iow-rent public housing in the City of Roanoke and the pr~arati~ of the comprehensive plan for the construction thereof for submission to the Council of the City of Roanoke and that Council for the City of Roanoke did approve the borrowing by the City of Roanoke Redevelopment and Housing Am hority from the Housing AssistanCe Administration of preliminary loan funds for the purpose of preparing said developmen ~rogram and comprehensive plan; and WHEREAS, Council for the City of Roanoke by Resolution No. 16585 adopted on ugust 16, 1965 approved a development program and comprehensive plan for the site improvement and erection of 105 low-rent dwelling units and such project is now being constructed; and 295 WHEREAS, Council for the City of Roanoke by Resolution No. 17781 adopted on October 16, 1967 approved a development program and comprehensive plan for the site improvement and erection of 80 low-rent dwelling units; and WHEREAS, a development program and comprehensive plan for the erection of 20 iow-rent dwelling units on an approximately 2.4 acre site, located generally south of Hunt Avenue, N; W., situated immediately east of said 96 unit project and 8th. Street, N. W., extended designeted by the City of Roanoke Redevelopment and Housing Authority as Project VA. 11-16 has been prepared by the City of Roanoke Redevelopment and Housing Authority and submitted to this Council for approval by it; and WHEREAS, by virtue of Sections 36-19.1 and 36-19.2 of the 1950 Code of Virginia, as amended, such comprehensive plan for such Project and the additional low-rent housing therein proposed to be constructed is required to be authorized and approved by this Council; and WHEREAS, it appears that the development and construction of said 20 low-rent dwelling units is necessary to enable said Authority to proceed at this time wi~ the planning, development and execution of the Kimball Urban Renewal Project R-46 in the City of Roanoke, Virginia; and WHEREAS, said plans for said proposed Project VA. 11-6 have been reviewed by the Planning Department of the City of Roanoke and have been found to be in conformity with the Zoning Ordinance of the City of Roanoke. NOW, THEREFORE, BE IT RESOLVED by the Counci] of the City of Roanoke as follows: That the development program and comprehensive plan for the site improvement and erection of said 20 low-rent dwelling units by the City of Roanoke Redevelopment and Housing Authority, designated by it as Project No. VA. 11-6 submitted to this Council, are hereby authorized and approved by this Council. That the one additional dwelling unit included in Project No. VA. 11-6, in excess of the 900 units covered by said Cooperation Agreement of January 31, 1950 between the City of Roanoke and the City of Roanoke Redevelopment and Housing Authority, shall be included ~thin the terms of said Cooperation Agreement. ATTE ST: /_::_. ........ City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of December, 1967. No. 17882. AN ORDINANCE amending Ordinance No. 17472 providing for the City's acquisition of a certain portion of Parcel 19, Map of Commonwealth Redevelopment Project VA-7-1, upon certain terms and provisions by a~horizing and providing for the entire of said Parcel 19 to be acquired upon the same terms and provisions; and 296 WHEREAS, it was heretofore provided by Ordinance No. 17472 that the C~y offe to purchase and acquire from the City of Roanoke Redevelopment and Housing Authority for a consideration of $3,287.00, cash, a southerly 8765.5 square foot portion of Parcel 19 of said Authority's Commonwealth Redevelopment Project and, the City's offer having been made, said AuthOrity has offered to sell and convey to the City for the same considerstion the land heretofore authorized to be acquired and, also, the northerly residue of said Parcel 19, consisting of approximately 1694.5 additional square feet of land, all of which can be used ~ r public purposes of the City, which proposal the City Manager has recommended be accepted; and WHEREAS, funds sufficent for such acquisition have heretofore been appropriated by the Council for the purpose and the Council, for the usual daily operation of the municipal government, hereby sets forth and declares an emergency to exist in order that this ordinance be effective upon its passage. THEREFORE, BE IT ORDAI~ D by the Council of the Ci~ of Roanoke that the proper City off i d als be and are hereby authorized to purchase and acquire for the Cit from the City of Roanoke Redevelopment and Housing Authority for the consideration of $3,287.00, cash, heretofore appropriated for the purpose, the entire of Parcel 19, as shown on the Map of the Commonwealth Redevelopment Project,containing 10,460.0 square feet of land, the same to be conveyed to the City, in fee simple, by good and sufficent deed of conveyance approved as to form by the City Attorney; and BE IT FURTHER ORDAINED that the proper City officials be, and they are hereby authorized and directed, for and on behalf of the City, 'to join in any necessary execution of said deed of conveyance respecting such transfer of title in order to consent and agree to proper restrictive covenants and conditions running wi~ said title and, thereafter, to deliver to City of Roanoke Redevelopment and Housing Authority the City's check in payment of the purchase price above provided, and to cause said deed to be admitted to record. BE IT FINALLY ORDAINED that, an emergency existing, ~Bis 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 llth day of December, 1967. No. 17883. 'AN ORDINANCE to amend and reordain Section ~71, "Garage," of the 1967-68 Appropriation Ordinance, and providing for an emergency. 297 WHEREAS, for the usual daily operation of the Mu~cipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~71, "Garage," of the 1967-68 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: GARAGE ~71 Insurance (1) ..................................... $ 20,601.00 (1) Net increase $2,201.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect fl~m its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of December, 1967. No. 17884. A RESOLUTION authorizing the City Manager to approve a metered water connection to certain premises located outside the corporate limR s of the City, upon certain terms and conditions. WHEREAS, a represen~tive of 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 application to the Council for consideration, recommending that said water connection be approved. THEREFORE, BE IT RESOLED 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 outside the City's corporate limit the premises located at 623 Abney Road, N. W., described as Tract "B" of division of south portion of Block 13, Boxley Hill Subdivision, 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 Weter DeN rtment, 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 it 298 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of December, 1967. No. 17885. AN ORDINANCE repealing Ordinance No. 16518, relating to certain proposed improvements to the C~y's Falling Creek Treatment Plant; and providing for an emergency. WHEREAS, the Council has recently, by its adoption of Ordinance No. 17855, made provisions for engaging the engineering services authorized to be employed by Ordinance No. 16518, relating to certain impr~ements to the Falling Creek Treatment Plant now authorized to be provided as an improvement under the City's Capital Improvements Program; and WHEREAS, no contract having been entered into pursuant to the aforesaid Ordinance No. 16518 and, for the usual daily operation of the municipal government an emergency is set for~ and declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Ordinance No. 1651B, adopted July 6, 1965, relating to certain proposed improvements of the City's Falling Creek Treatment Plant, and providing for an emergency , be, and said Ordinance No. 16518 is hereby REPEALED. BE IT FURTHER ORDAINED that, an emergency exi~ing, 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 llth day of December, 1967. No. 17BB6. 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 Section ~63, "Municipal Building," of the lP67-6B Appropriation Ordinance, be, and the same is hereby, amended and reordained ~ read as follows, in part: MUNICIPAL BUILDING ~63 Other Equipment - New (1) ....................... $ 443.00 (1) Net increase -$243.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordin~a'nce shall be in effect from its passage. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of December, 1967. No. 17887. AN ORDINANCE authorizing and directing the acquisition of cer~in additional residue land in connection with the City's acquisition of Parcel 051 of the City's Orange Avenue, N. E., Route 460 Project, upon certain rem s and conditions, to be used for other public purposes; and providing for an emergency. WHEREAS, the City Manager, offering to acquire from the owner hereinafter named the land and easement designated and described as Parcel No. 051 on the plans of the City's Orange Avenue, N. E., Route 460 Project and further described and directed to be acquired by Ordinance No. 17663 of the Council, has found said owner willing and offering to sell and ~onvey to the City for the additional sum of $148~00 the rest and residue of said owner's lot, the same being further designated as Lot 19, Section 41, Map No. 2 of the East Gate Addition to the City of Roanoke; and WH~ EAS, the City Manager, reporting to the Council that said owner's proposal appears fair and reasonable and that the whole price fixed by said owner is within and somewhat less than the value of said whole lot as recently reported to the City by approved appraisal, recommends that said owner's offer be accepted; and WHEREAS, the additional sum of $148,00~having been appropriated for the purchase of said residue land, 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 are hereby authorized and directed to acquire, for and on behalf of the City, in fee simple from Mrs. Mary E. Taylor, widow, for the additional sum of $148.00, cash, all of the rest and residue of Lot 19, Section 41, according to Map No. 2 of the East ,Sate Addition to the City of Roanoke, containing app~'oximately 2,970 sq. ft. of land and being, together with the land described as Parcel 051 according to the plans of the City's Route 460 Project, all of aforesaid Lot 19, Section 41, as shown on the map of the aforesaid subdivision; and upon delivery to the City of a good and suffic~nt deed of conveyance, approved as to form by the City Attorney, the City Auditor shall be, and he is hereby authorized and directed to draw and deliver to said City Attorney the City's check or checks in payment of the aforesaid purchase price, the same to be made payable as certified by the City Attorney. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage. ATTE ST: City Clerk APPROVED Mayor 30O IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of December, 1967. No. 17888. AN ORDINANCE providing for the City's acquisition of a certain easement in land, described as Parcel 009 and needed and wanted b~' the City for its Orange Avenue, N. E.-Route 460 Project, upon certain terms and conditions, and to the extenti' herein provided, amending Ordinance No. 17674 providing for the acquisition of said parcel and other parcels; and providing for an emergency. WHEREAS, a reappraisal authorized by the City and the State Highway Department to be made of Parcel 009 of the Orange Avenue, N. E.-gou~e 460 Project, has indicated the value of said parcel to be the sum hereinafter provided, and the ~ City Attorney has recommended that authority be given to negotiate with the owners of said property for the City's purchase thereof on the basis of the current appraisa its acquisition by the City having heretofore been authorized by Ordinance No. 17674 and negotiations conducted wi~h said owners on the basis of its former appraised value having proven unsuccessful; and WHEREAS, additional sums have been appropriated by the Council suffic~nt to pay the sum of the offer hereinafter authorized to be made and the advertising for bids for award of a contract for the construction of the aforesaid public project being imminent, 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 official or officials do immediately offer to acquire from Nancy G. Board and its other owners, the easement in certain land needed by the City for its Orange Avenue, N. E.-Route 460 Project and shown on the plans of said project as Parc.el 009 thereof, consisting of an easement to construct and maintain the slopes and fills on approximately 780 square feet of said owners' land, described as parts of Lots 6,7,8 and 9, Section 23, according to the Map of Glens Falls Addition to the City of Roanoke, as said construction is shown on Sheet 4 of the plans of said project, and to offer to pay as the value of such easement the sum of $1427.00, cash, upon delivery to the City of a good and sufficJen~ deed or grant of such easement, approved as to form by the City Attorney. BE IT FURTHER ORDAINED that if the City's aforesaid offer be not accepted by said owners or should the City be otherwise not able to acquire from said owners good and sufficient 9rant of such easement, then, and in such event the City Attorney shall forthwith cause to be instituted appropriate condemnation proceedings in the name of the City to acquire for said City the sbovedescribed easement and, in so doing, to move for right of entry on said land pursuant to §25-46.8 of the 1950 Code of Vkginia, as amended, and to cause to be paid into Court the amount of the City's aforesaid offer. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage; and that Ordinance No. 17674, adopted August 14, IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of December, 1967. No. 1?889. AN ORDINANCE to amend and reordain Section =20, "Municipal Co~ t," 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 ~ exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =20, "Municipal Court," of the 1967-66 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part; MUNICIPAL COURT =20 Personal Services (1) ............................. $ 72,052~.00 (1) One Clerk-Typist II, Range 12, step 1 @ 3 672 O0 Extra~306'00ePl%r-H month --. ' '.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 gOUNCIL OF THE CITY OF ROANOKE, V~GINIA, The llth day of December, 1967. No. 17690. AN ORDINANCE accepting the proposal of Adams Construction Company f~ furnishing, heating, hauling and applying certain asphalt and tar for the period from January 1, 1966, through December 31, 1966, 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 4, 1967, and after due and proper advertisement had been made therefor, two (2) bids for the supply and delive~ to the City of its asphalt and tar requirements for the calendar year 1968 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 ~riting, 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 02 WHEREAS, for the usual daily operation of the municipal 9overnment an emergency is set for~ 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, hea~in, hauling and applying, for the City, approximately 200,000 gallons RD-2-50 asphalt; for furnishing, heating and filling the City's 400 gallon distributors approximately 120,000 gallons RC-2-50 (Type 2) asphalt; and for furnishing, heating, hauling and applying approximately 40,000 gallons RT-9 tar, at $O.1573~and $0.27 per gallon, r~pectively, for the period commencing January 1, 1968, and ending December 31, 1968, as per the City's specifications and in accordance with said company's bid on file in the office of the City Clerk, be, and said proposal is hereby ACCEPTED; 2. That the Purchasing Agent be, and he is hereby authorized and directed to issue, for and on behalf of the City, periodic purchase orders based on said company's unit prices to meet the requirements of the Department of Public Works; an 3. That the proposal of the other bidder for furnishing, heating, hauling and applying 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, th is ordinance shall be in force and effect upon its passage. APPROVED ATTEST: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of December, 1967. No. 17891. AN ORDINANCE amending Ordinance No. 17614 heretofore adopted on June 26, 1967, providing a System of Pay Rates and Ranges and a new Pay Plan, by adding to Sehedule 2 of said Pay Plan one (1) new position of employment and provisions for Work Week, Range Number and Pay Steps and providing for an emergency. WHEREAS, the City Manager having recommended to the Council the changes and addition 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 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. 17614, heretofore adopted on the 26th day of June, 1967, 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 adding to Schedule 2 of said Pay Plan in the appropriate place the following Code Position and provisions for Work Week, Range Number and Pay Steps in Monthly Amounts; Code Classification 4004 Work Range Steps in Monthly Amounts Week No. 1 2 3 4 5 6 Elevator Operator 40 $252 $264 $276 $292 $306 $320 BE IT FURTHER ORDAINED that, an emergency existing, the provisions of this ordinance shall be in force and effect from and after its passage. ATTE ST: / City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of December, 1967. No. 17892. AN ORDINANCE amending and reordaining Sec. 5. False Fire Alarms, of Chapter 1, Title XIV of the Code of the City of Roanoke, relating ~ Fire Protection and further amending said chapter and title of said Code by the addition of a new section making provision for payment of a reward for certain information in connecti with false fire alarms; and providing for an emergency. WHEREAS, an appropriation has been made by the Council which is deemed reasonably suffident for the purposes hereinafter provided; and WHEREAS, for the immediate protection and preservation of public property and public 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 as follows 1. That Sec. 5. False Fire Alarms, Chapter 1, of Title XIV of the Code of the City of Roanoke, 1956, relating to Fire Protection, be, and said section is hereby amended and reordained to read and provide as follows: Sec. 5. False fire alarms. It shall be unlawful for any person, knowingly, to send into the fire department, either by means of the fire alarm telegraph or by telephone, any false alarm of fire. Any person violating the provisions of this section shall, upon conviction, be fined not less than fifty dollars nor more than two hundred fifty dollars or shall be confined in jail for not more than thirty days, or be punished by both such fine and jail sentence. 2. That Chapter 1. Fire Department, of Title XIV of the Code of the City of Roanoke, 1056, as amended, relating to Fire Protection, be further amended by the 304 Sec. 6. Reward. Upon claim being made therefor and upon certification in writing by the Commonwealth's Attorney to the City Auditor, approved by the City Manager, of the name of any person who shall furnish to the Police Department information directly relating to and resulting in the arrest and final conviction of any other person of an offense committed under Section 5 of this chapter, there shall be paid to such informer by the City, out of funds appropriated for the purpose, the sum of fifty dollars, cash. BE IT FURTHER ORDAINED that, an emergency existing, this ordiusnce be in force and effect upon its passage. APPROVED ATT E ST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of December, 1967. No. 17898. 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 t~oanoke, 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 sa~me is hereby, amended and reordained to read as follows, in part: POLICE #45 Fees for Professional and Special Services (1) ....... ; .... $ 1,450.00 (1) Net increase $150.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATT EST: /~ity Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of December, 1967. No. 17899. 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. 305 WHEREAS, the owners or occupants 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 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 applications to the Council for consideration, recommending that said water con- nections 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's corporate limits, the following described properties or premises, namely: (a) Premises located at 3623 Cove Road, N. W., owned by N. H. Taylor; to be connected to the City's existing water main Cove Road; and (b) Premises located at 4142 Guernsey Lane, N. W., described as Lots 20 and 21, Section L, Map of Alice D. Thompson Sub- division; 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 ano 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 18th day of December, 1967. No. 17900. 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 s'uch services. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that, within the availability of funds appropriated by the CoUncil for the purpose, the City Manager's arrangement to have ~il'ey N. Jackson Company, General Contractors, provide and maintain c'ertain 'motorized equipment at Roanoke Municipal Airport, on stand-by basis during the 1967-66 winter season, and provide oper'ating 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: 1 - Caterpillar ~14 Grader - 30,000# 3 - Caterpillar =12 Graders- 24,000# 1 -'Caterpillar =950 Loader 3 1/2 yd. 1 - Hough. #HH Loader 1 1/2 yd. $20.00 per hr. 17.00 per hr. 20.00 per hr. 12.50 per hr. 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 per hour. One 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 Gompany. 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 ATTEST: /City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of December, 1967. No. 17901. ALi ORDIL~ANCE amending and reordaining paragraph 3 of Ordinance No. 17601, authorizing the City's acceptance of certain deeds of easement necessary for construction of certain sewer and water lines outside the corporate limits of the City; and providing for an emergency. 11 307 WHEREAS, for the usual daily operation of the municipal government and the City desiring to order the commencement of construction of certain sewer and water lines heretofore mentioned and described in Ordinance No. 17801, an emergency is hereby set forth and declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that paragraph numbered 3 of Ordinance No. 17801, adopted October 23, 1967, providing for the City's acceptance of certain deeds of easement., necessary for construction of certain sewer lines and water lines of the City, be and said paragraph is hereby amended and reordained to provide as follows: "3. That there be accepted by the City and caused to be admitted to record the several deeds of easement mentioned and described in paragraphs (1), (1)(a), (1)(b), (1)(c), (1)(d), and (1)(e) of the aforesaid agreement of October 2, 1967, it to be agreed and understood between the City and the grantor or grantors to the City of the sanitary sewer easements mentioned and described in paragraphs (1)(a), (1)(b) and (1)(e) of the aforesaid agreement of October 2, 1967, that the City, by acceptance and recordation of each said deed of easement for sanitary sewer line extension, shall be deemed to have agreed with each said owner that the sanitary sewer collector line proposed to be constructed by the City within each such easement area will, in accordance with the terms and provisions of the aforesai, agreement of October 2, 1967, be so constructed by the City without expense to said owners ana made ready for use no later than January 1, 1970; that the owner or owners of the residue land made subject to each such sewer easement shall thereafter have the right, upon payment of such charges for sewer connections and agreement for the payment of such charges for sewage transmission and treatment as may thereafter from time to time be generally established by the City for privileges and services, to connect their premises to and be served by said sanitary sewer collector line and sewage treatment facilities, by direct connection, collector, trunk lines or sewer mains, all such connections, however, to be made in accordance with the City's general rules and regulations provided for such connections; but the title and ownership of every such trunk line, collector line or sewer main to connected to said collector lines, together with an adequate easement and right-of-way for the same, to be transferred or granted by such owners to the City; and that the City, its agents and contractors, in constructing and, thereafter, operating and main- taining the sewer collector lines within said easement areas, will take reasonably proper precautions against damage or injury to persons and property, will not leave gates and fences open and unattended, will attempt not to unreasonably cause damage to the premises through which said easements run, and will, as far as is reasonably possible, restore said premises to their previous condition, after construction of said sewer collector line and upon any subsequent repair or maintenance thereof, and the City Manager is hereby authorized and empowered to extend, by letter or otherwise, to each said property owner granting to the City an easement for the 008 construction of a portion of the sewer collector line extension herein mentioned, an assurance and commitment on the part of the City to the extent provided in this paragraph; and" BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of December, 1967. No. 17903. A RESOLUTION authorizing the City's acceptance for transmission and treatment of acceptable sewage and wastes from certain areas of Roanoke County, upon certain terms and conditions and, to the extent provided herein, amending the contract of September 28, 1954, between the City and the County of Roanoke dealing with the treatment of domestic and commercial wastes. WHEREAS, the City has been requested, by recent resolution of the Board of Supervisors of Roanoke County to accept for transmission and treatment under the terms of the parties' contract of September 28, 1954, but for certain new charges recently agreed upon, acceptable wastes from certain additional areas of said County, and the Council's committee studying said request has, for reasons shown in its report of December 18, 1967, to the Council recommended that three of the five areas so requested be accepted for treatment, that another of the said areas be accepted with the qualification hereinafter set out, but that another of said five areas not, at this time be so accepted by the City and incorporated into said contract; and WHEREAS, the Council concurs in the aforesaid committee's report and recommendations, understanding that the acceptable wastes from the four (4) new areas next hereinafter described will, upon adoption of this resolution, be accepted by the City for transmission and treatment pursuant to the general terms and provisions of the aforesaid contract of September 28, 1954, between the parties but for rate of charge provided in this Council's Resolution No. 17803. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said City doth hereby agree to accept for transmission and treatment acceptable domestic and commercial wastes from the following described areas of Roanoke County, as the same are set out and described in a resolution of the Board of Supervisors of Roanoke County, adopted November 20, 1967, and directed to this Council, namely: (a) AREA 1, being the remainder of North Lakes the property of Electric Developers, Incorporated, and containing approximately 91.08 acres; such connection to be made to the. County's Peters Creek interceptor line; (b) AREA 2, being the Wagner and Electric Developers, Incorporated, property, containing 24.15 acres; such connection to be made to said County's Peters Creek line; (c) AREA 5, being the properties of Ingersoll-Rand, Mountain View Farms, Incorporated, and others, on Hollins Road and containing 721.0 acres, more or less; such connection to be made to said County's North 11 interceptor line; and (d) AREA 4, being the properties of T. H. Beasley, Jr., Fred L. Davis, and others, located on Route 460, East and containing 275 acres, more or less; the connection of AREA 4 to be made to a proposed new sewer line to be installed by the City in Orange Avenue-Route 460 as part of a proposed highway improvement project, after such new sewer line shall have been constructed; there to be pr~ided by said County adequate metering facilities for measuring the quantity of wastes delivered from each said new area, and the rate of charge to be made by the City for accepting and treating wastes from each such area to be $52.00 per million gallons of such wastes. BE IT FURTHER RESOLVED that the City declines, for the time being, to agree to accept wastes from AREA 3 as described in the Board of Supervisors resolution of November 20, 1967, for the reasons contained in this Council's aforesaid committee report, the Council being willing to reconsider a request made to the City to accept wastes from that portion of AREA 3, aforesaid as would drain by gravity to a sewer main in Franklin Road. BE IT FINALLY RESOLVED that the aforesaid contract of September 28, 1954, between the City and said County be and is hereby amended to the extent that this resolution is agreeable and responsive to the aforesaid resolution of the Board of Supervisors of Roanoke County; and that an attested copy of this resolution be promptly transmitted by the City Clerk to the Honorable Chairman of the Board of Supervisors of Roanoke County. APPROVED ATTEST: / - / City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of December, 1967. No. 17904. AN ORDINANCE to amend and reordain Section ~B9, "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 Brookside 'Lane Sewer (1) .......................... $ 20,000.00 (1) Net increase-- $20,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from .its passage. ATTE ST: / City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 1Bth day of December, 1967. No. 17905. AN ORDINANCE accepting the proposal of Gulf Oil Corporation for furnishin~ 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 1968 upon certain term~ 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 196B as said requirements are hereinafter mentioned; and WHEREAS, pursuant to said advertisement, five (5) bids were received and opened and read before the Council at its meeting held on December 11, 1967, whereu ali of said bids ~re 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 Ci for furnishing the gasoline requirements of the several of the City's departments hereinafter specified for the calendar year 196B, 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, 196B'; 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 follow 1. That the proposal of Gulf Oil Corporation to furnish to the City in transport truck deliveries for its City Garage's regular grade gasoline requirements for the calendar year 1968, regular grade gasoline at its "Posted Consumer Tank Wagon Price" in Roanoke on day of delivery, less $0.0603 discount per gallon, net 30 days, be and said proposal is hereby ACCEPTED; 2. That the proposal of Gulf Oil Corporation to furnish to the City in tank wagon deliveries for its City Garage and its Fire Department those departments premium grade gasoline requirements for the calendar year 1968, premium grade gasoline at its "Posted Consumer Tank Wagon Price" in Roanoke on day of delivery, less $0.0637 discount per gallon, net 30 days, be and said proposal is hereby ACCEPTED~ 3. That the proposal of Gulf Oil Corporation to furnish to the City in tank wagon deliveries its Water Department's requirements for regular grade gasoline for the calendar year 1968 at its "Posted Consumer Tank Wagon Price" in Roanoke on day of delivery, less $0.0478 discount per gallon, net, be and said proposal is hereb 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 puzchaseorder 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 D 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: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of December, 1967. No. 17906. AN ORDINANCE providing for the purchase of thirteen (13) new 1968 model 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; providing for readvertisement for bids 312 WHEREAS, at a meeting of the Council held on December 11, 1967, 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 meeting all of the City's specifications required therefor made ~ the. City for the s~ply of said vehicles and should be accepted; and that all other seid bids should be rej'ec funds sufficient to pay the cost of said equipment having heretofore been appropriate 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. ITEM NO. ~TEM NO,., 3. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows 1. That the bids of (a) Antrim Motors, Inc., to City as follows: urnish and deliver to the QUANTITY AND DESCRIPTION PURCHASE PR ICE Four (4) - 2 1/'2 to 3 ton cabs and chassis with gasoline engines, f.o.b., Detroit, Michigan ...................................... $ 13,834.00 One (1) - 2 1/2 ton cab and chassis with dump body, f.o.b. Roanoke, Virginia ...................... $ 4,59B.99 Two (2) - 1/2 ton pickup trucks with service bodies, f.o.b., Roanoke, Virginh .............................. $ 5,44B.34 One (1) -compact-type Panel Van Truck, f.o.b., Roanoke Virginia ...................................... $ 2,030.52 (b) Diamond Chevrolet Corporation, to furnish and deliver to the City as follows: QUANTITY AND DESCRIPTION PURCHASE PR ICE Three (3) - 1 1/2 ton cabs and chassis with dump bodies, f.o.b., Roanoke, Virginia ............................. $ 9,953.74 Two (2) - 1 1/2 ton cabs and chassis with dump bodies, f.o.b., Roanoke, Virginia ..... ~ ....................... $ 6,965.16; all of the above amounts cash, plus the City's trade-in equipment described in City's specifications, all to be in full accordance with the City's specifications therefor, and of said bidders' pmposals, be, and said bids are hereby ACCEPTED; and the City's Purchasing Agent be, and he is hereby authorized and.directed to issue requisite purchase orders therefor, incorporating into said orders the City's aforesaid specifications, the terms of said bidders' proposals, and the terms and provisions of this ordinance; the cost of said equipment, when delivered, to be ~a ¢~ ~,,t n~ £,,nd~ h~r~t, nfnr~ nnnrnnriated for the purpose; ed; 31! 3 2. That upon delivery to the City of all of the aforesaid equipment and upon the City's acceptance of the ~me, the City Auditor shall be, and he is hereby authorized and di.rected to make requisite payment to each said successful bidder of t aforesaid purchase prices, not to exceed the sums hereinabove set out, and the City Manager shall be and is hereby authorized and directed to transfer ad assign to the aforesaid bidders the titles to the certain vehicles described in the City's specifications as trade-in equipment; and 3. That all other bids made to the City for the supply of the aforesaid equipment and for the supply of the equipment described in Alternate to Item No. 1 and Item No. 7 of the City's specifications be, and all 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; and 4. That all bids made to the City for Item No. 7, viz., a 3/4 ton Panel Truck [Patrol Wagon), having been rejected, the City Manager is hereby directed to cause said Item No. 7 to be readvertised for bids, and upon receipt of new bids, the same to be opened at a specified date in the Office of the City's Purchasing Agent, and tabulation and report thereof to be made thereafter to the Council. BE IT FURTHER 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: . City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of December, 1967. No. 17907. AN ORDINANCE providing for the purchase of four (4) new rear loading type refuse body assemblies upon certain terms and conditions; accepting a certain bid made to the City for furnishing and delivering said equipment; reacting certain other bids made ~ the City; and providing ibr an emergency. WHEREAS, at a meeting of the Council held on December 11, 196Z and after due and proper public advertisement had been made therefor, certain bids for the su 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 Counc to tabulate and study ~aid 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 ply the City for the supply of said equipment and should be accepted; and that all other ~aid bids should .be rejected; funds sufficient to poy 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 that the bid of The Tidy Corporation made to the City, offering to furnish and deliver to the City, f.o.b., Roanoke, Virginia, four (4) ne~ Leach rear loading type refuse bgdy assemblies, to be mounted on truck chassis supplied by the City, ~ith minimum capacity of 16 cubic yards, furnished and mounted on truck chassis as set out as Item No. 1 of the City's specifications and said bid, all fully meeting all of said City's specifications and requirements made therefore, for a total purchase price of $16,907.00, cash, be and said bid is hereby ACCEPTED; and the' City's Purchasing Agent be, and he is hereby authorized and directed to issue the requisite purchase order therefor, incorporating into said order the City's aforesaid specifications, the term of said bidder's proposal, and the terms and provisions of ~is ordinance; the cost of said equipment, ~hen 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 huditor shall be, and he is hereby authorized and directed to make requisite payment to said successful bidder of the aforesaid purchase price, not to eXceed the sum hereinabove set out; and 3. That ali 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. A P P R 0 V E D ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CIIY OF ROANOKE, VIRGINIA, The 18th day of December, 1967. No. 17908. A RESOLUTION fixing Tuesday, December 26, 1967, at 2:00 o'clock, p.m., for a regular meeting of the City Council. BE IT RESOLVED by the Council of the City of Roanoke that Monday, December 3:! 5 commencing December 25, 1967, shall be held on Tuesday, December 26, 1967, at 2:00 o'clock, p.m., in the Council Chambers in the Municipal Bulling, or at such other place in said Mu~cipa] Building as may be arrang~ if the Circuit Court for the City of Roanoke be then sitting. ATTEST: / City C~rk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of December, 1967. No. 17909. A RESOLUTION fixing Tuesday, Jmuary 2, 1968, at 2:00 o'clock, p.m., for a regular meeting of the City Council. BE IT RESOLVED by the Council of the City of Roanoke that Monday, January 1968, being a legal holiday, New Year's Day, 1968, faiiin9 on ~ionday, January 1st next preceding, the regular meeting of the Council for the week commencing January 1, 1968, shall be held on Tuesday, January 2, 1968, at 2:00 o'clock, p.m., in the Council Chambers in the Municipal Building, or at such other place in said Municipal Building as may be arranged if the Circuit Court for the City of Roanoke be then sitting. APPROVED ATTE ST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of December, 1967. No. 17910. A RESOLUTION authoriMng the City Attorney to represent a member of the City's ~olice Department in certain civil proceedings brought against said police officer, upon the said police officer's request for such representation. WHEREAS, the City Manager has reported to the Council that a civil action ~or damages and personal injuries has been brought jointly and severally against Harry Jack Heath, a member of the City's Police Department, and another, said action growing out of the performance of police duties regularly assigned ~id police office 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 police officer, the City Attorney be, and he is 316 and personal injuries brought ~gainst said police officer and another by Nannie Bell Smith, plaintiff, in the Circuit' Court of the City of Roanoke. APPROVED ATTE ST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of December, 1967. No. 17911. AN ORDINANCE authorizing and directing the acquisition by the City of the whole property of Cave Spring Water Company, a corporation, excluding its cash on hand and' in bank but including its receivables, by accepting an offer made to the City for the sale of the same; providing for payment of the purchase price therefor; and providing for an emergency. WHEREAS, in the opinion of the Council the whole property of the Cave Spring Water Company, chartered under the laws of the Commonwealth of Virginia to operate a waterworks system, which said system is adjacent to the City's existing water system but is dependent upon wells or springs for a source'of water supply, is wanted and needed by the City Ar the purpose of providing a further supply to the City and for the purpose of enlarging said City's own water system; and WHEREAS, negotiations conducted with representatives and officials of said gompany have established that the sum hereinafter provided as the purchase price for the entire property of said Company, excluding its cash om hand and in bank but including its receivables, is fair and reasonable, and said Company has offered in writing under date of December 13, 1967, to sell and convey to the City all of its said property including its franchise to be a water company, and funds have been appropriated by the Council sufficient for the purpose, of paying the purchase price hereinafter provided; and WHEREAS, and it being the desire and intent of the parties that said new w system be connected with and incorporated into the City's existing water system on or before Janmry l, 1968, for the usual daily operation of the municipal government an emergency is hereby set forth and is declared to exist in order that this ordina mke effect upon its passag, e. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows 1. That the City of Roanoke doth hereby accept that certain written offer made to the City by Cave Spring Water Company, a corporation, under date of December 13, 1967, the original of which is on file in the Office of the City Clerk,i offering and agreeing to sell, transfer and convey to the City for the sum of Two ¸er :e Hundred Ninety-Six Thousand Four Hundred Fifty Dollars, ($296,450.00), cash, payable upon delivery to the City of adequate instruments transferring title of the entire property of Cave Spring Water Company, including all of its lands, plants, works, buildings, machines, pipes, mains, meters, pumps, materials and supplies, wells, springs, basins, reservoirs and all appurtenances thereto and its contracts, easements, rights and franchises, including its franchise to operate as a water company, but expressly excluding its cash on hand or in bank as of date of transfer but including its receivables from the sale of water and all other sources as of said date, all of the aforesaid property to be conveyed and transferred free and clear of all debts, taxes and obligations and upon such form of conveyance or conveyances as is adequate and approved by the City Attorney, be, and said offer is hereby ACCEPTED; and 2. That a certified copy of th~ ordinance be forthwith delivered to officials, representatives or the attorney for Cave Spring Water Comp~ y as notification of the City's acceptance of its aforesaid offer, such acceptance to constitute a binding contract of sale between said parties; and 3. That the proper City officials be, and they are hereby authorized and directed, for and on 'behalf of the City, to perform such further acts, by acceptance of appropriate deeds of conveyance or other instruments transferring titl. of the aforesaid property to the City and by payment of the purchase price hereinabov provided so as to fully perform and consummate said sale on or before December 30, 1967, or as soon thereafter as steps necessary to consummate said sale can be effected; and 4. That, upon acquiring transfer of title to the aforesaid new water system and property, the City Manager do cause the same to be operated as a part of t e City's existing public water distribution system outside the corporate limits of the City pursuant to the City's existing rules, regulations and rates and do cause to be made adequate connections thereof to the City's existing water supply ~ins, to furnis to said new system supplies of any of the City's surplus water. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in full 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 18th day of December, 1967. No. 17912. AN ORDINANCE to amend and reordain Section ~451, "Capital Outlay from Revenue." of the 1967-6B Water Fund Appropriation Ordinance, and providing for an 328 WHEREAS, for the usual daily operation of the,Municipal Government. of the City of Roanoke,, an emergency is declared to exist. .. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ¢451, "Capital Outlay from Revenue," of the 1967-68 Water Fund Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: CAPITAL 'OUTLAY FROM REVENUE ¢451 Capital Outlay from Revenue (1) ........... ..... $,499,450.00 (1) Purchase of Cave Spring Water Company -$29/),450.00 BE IT FURTHER ORDAINED that,-an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTE ST: City Qerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of December, 1907. No. 17B93. AN ORDINANCE permanently vacating, discontinuing, and closing that portion of Mohawk Avenue, N. W., extending west from Hollins Road to the Norfolk and Western Railway property, parallel to Indiana Avenue, in the City of Roanoke, V:!rginia. 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 above-described portion of said street, and due notice of the filing of said petitio~ 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 10th day of October, 1967, to view the property and to report in writing whether in their opinion any inconvenience would result from permanently vacating, discontinuing and closing portions of said street; and WHEREAS, it appears from the written report of viewers filed with the City Clerk on the 20th day of November, 1907, that no inconvenience would result either t any individual or to the public from permanently vacating, discontinuing and closing said portions of said street; and WHEREAS, Council at its meeting on the 10th day of October, 1907, referred the petition to the City Planning Commission, which Commission in its report before Council on the 20th day of November, 1967, recommended that the said portion of the street be closed; and WHEREAS, a public hearing was held on the question before the Council at it meeting on the 16th day of December, 1967, at 2:00 p.m., 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 inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing the said portion of ~e street, 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 a certain portion of said street, in the City of Roanoke, Virginia, described as follo~ to-wit: That portion of a certain Mohawk Avenue, N. W., (formerly Florida Avenue, N. W.) and specifically, that portion of Mohawk Avenue which runs in an east-west direction from Hollins Road on the east to the Norfolk and Western Railway (Shenandoah Valley Division) tracks on the west, between Block 30, and Lots 7 - 11, and Lots 10 - 23, in Block 31, Deanwood Terrac~ on the south, and Block 37, and Lots 7 - 16, in Block ~ , Deanwood Terrace, on the north, be and it is hereby 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 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 said portion of said street on all maps and plat:S 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, ss 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 and in the name of Blue Ridge Transfer Company, Incorporated, as grantee. ATTEST: ty Clerk APPROVED Mayor 32O IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of December, 1967. No. 17894. AN ORDINANCE permanently vacating, discontinuing and closing the following two unopened, paper alleys: (1) alley running in an east-west direction through Block 13, Roanoke Development Company M~, Section 3; and (2) a certain 20-foot alley running in a north-south direction between Block 13, Roanoke Development Company Map Section 3, and a certain 2.028-acre tract shown on the said map in the City of Roanoke, Virginia. WHEREAS, the Estate of F. E. Davis has heretofore filed its petition before the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, disco~inue and close the above-describ~ alleys, and due notice of the filing 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 16th day of October, 1967, to view the property and report in writing whether in their opinion any inconvenience would result from permanently vacating, discontinuing and closing said alleys; and WHEREAS, it appears from the written report of viewers filed with the City Clerk onthe 20th day of November, 1967, that no inconvenience would result either to any individual or to the public from permanently vacating, discontinuing and closing said alleys; and WHEREAS, Council at its meeting on the 16th day of October, 1967, referred the petition to the City Planning Commission, which Commission in ~s report before Council on the 20th day of November, 1967, recommended that the said alleys be closed; and WHEREAS, a public hearing was held on the question before the Council at i meeting on the 18th-day of December, 1967, at 2:00 p.m., 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 inconvenience will result to any individual or to the public from permanently vacati discontinuing and closing the said alleys, as recommende~ by the City Planning Commission, and that accordingly said alleys should be permanently closed. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the following two unopened, paper alleys, in the City of Roanoke, Virginia, described, to-wit: 1) An alley running in an east-west direction through Block 13, Roanoke Development Company Map, Section 3, and bounded on the east by Irvine Street, on the south by the northern boundary line of Lots 14, 15, lb, and 17, on the west by another alley herein vacated and on the north by the southern boundary line of Lot 13; and 32! 2) A certain 20-foot alley running in a north-south direction between Block 13, Roanoke Development Company Map, Section 3, and a certain 2.02B-acre tract shown on the said map, and bounded as follows: on the east by Lots 1 - 14, Block 13, Roanoke Development Company Map, Section 3, on the south by Roanoke Avenue, on the west by the said 2.028-acre tract, and on the north by the terminus of the said alley, be and they are hereby 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 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 utilites which may now be located in and over the aforesaid alleys. BE IT FURTHER ORDAINED that the City Engineer be and he hereby is directed to mark "permanently vacated" on the said 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 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 the said petitioners, make proper notation on all maps or plats recorded in his office upon which are shown said alleys, 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 and in the name of the Estate of F. E. Davis, as grantee. APPROVED ATTE ST: / Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of December, 1967. No. 17895. 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, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have that certain 9.88 acre parcel of land on the southest side of the right-of- way of Interstate Spur 581, designated as Official Tax No. 2130801, rezoned from RS-3, Single Family Residential District, to LM, Light Manufacturing District; and WHEREAS, the City Planning Commission, to whom the matter was referred for study, has recommended that the above described land be rezoned from RS-3, Single Family Residential District, to IDM, Industrial Development District; and 322 WHEREAS, the written not.ice 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 the propos ed rezoning of the abbve described property, 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 December, .1967, at 2 p.m., before the Council of the City of l{oanoke, 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 amendE , relating to Zoning~ and Sheet No. 213 of the Sectional 1966 Zone Map, City of Roano~ be amended in the following particular and no other, viz.: Property located on the southwest side of the right-of-way of Interstate Spur 581, described as that certain 9.88 acre parcel of land designated as Official Tax No. 2130801 on Sheet 213 of the Sectional 1966 Zone Map, City of Roanoke, be, an is hereby, changed fr.Qm RS-3, Single Family Residential District, to IDM, Industrial Development District, and that Sheet No. 213 of the aforesaid map be change in this respect. APPROVED ATTE ST: / City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of December, 1967. No. 17896. AN ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, and Sheet No. 308, Sectional 1966 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have that property located on the south side of Clover Avenue, N. E., and the north side of Noble Avenue, N. E., west of Williamson Road, described as Lots 32, 33, 54 a 55, and 55, Block E, Williamson Groves, Official Tax Nos. 3080720 and 3080710, rezoned from RD, Duplex Residenti'~l 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 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 18th day of December, 1967, 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. 30B of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz.: Property located on the south side of Clover Avenue, N. E., and the north side of Noble Avenue, N. E., west of Williamson Road, described as Lots 32, 33, 54 and 55, Block E, Williamson Groves, designated on Sheet 308 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax Nos. 3080720 and 3080710, be, and is hereby, changed from RD, Duplex Residential District, to C-2, General Commercial District, and that Sheet No. 308 of the aforesaid map be changed in this respect. APPROVED ATTE ST: :'r~- }, C > L <- ~i._ ../ c~---''--/' ~ ity Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of December, 1967. No. 17897. AN ORDINANCE amending and reordaining a subsection of Sec. 8. C-1 Office and Institutional Districts, Article IV, Chapter 4.1, of Title XV,relating to Zoning, of the Code of the City of Roanoke, 1956, as amended, which subsection provides certain district zoning regulations and authorizes certain special exceptions after public notice and hearing by the Board of Zoning Appeals with respE to the use of properties located in C-1 Office and Institutional Districts. 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 an amendment of the district zoning regulations hereinafter set out and provided; and ;t 323 324 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 December, 1967, 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 subsection of Sec. 8 C-1 Office and Institutional Districts, Article IV, Chapter 4.1, of Title XV, relati~ to Zoning, of the Code of the City of Roanoke, 1956, as amended, which subsection authorizes certain special exceptions after public 'notice and hearing by the Board of Zoning Appeals with respect to the use of properties located in C-1 Office and Institutional Districts, should be ~ended as recommended by said Planning Commission and as hereinafter provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the subsection of Sec. 8. C-1 Office and Institutional Districts, Article IV, Chapter 4.1, of Title XV, relating to Zoning, of the Code of ~e City of Roanoke, 1956, as mended, setting out and providing the special exceptions authorized to be permitted by the Board of Zoning Appeals in C-1 Office and Institutional Districts, on application and after public notice and hearing, be, and said subsection is hereby amended and reordained to authorize the following enumerated special exceptions, sa subsection to read and provide as follows: Special exceptions after notice and public hearing by the board of zoning appeals: 1. Utilities, substations, as for RS districts. 2. High-rise apartments, subject to section 24 of this chapter. 3. Town houses, subject to the requirements of section 26 of this chapter. 4. Financial institutions, including banks. 5. Commercial or private parking lots, provided the following criteria are met or established: a. Site plan approval by the City Engineer as required in Sec. 31 of this ordinance. b. Appropriate screening .as required to serve as a buffer between parking and other uses, particularly residential uses. c. All parking areas shall have a paved surface and be maintained with a p~ved surface. d. When l'ighting is required, such lighting for parking areas shall be ~rovided with suitable shielding as set forth in a lighting plan by the applicant for a special exception. e. A demand for C-1 parking needs shall be shown by the applicant for a special exception. f. Any private~ parking lot located within a reasonable distance of a permitted C-1 Office and Institutional use may provide the parking required by such C-1 use. 325 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of December, 1967. No. 17902. AN ORDINANCE authorizing and directing the City's execution of an agreement with Piedmont Aviation, Incorporated, for certain use by said corporation of the Roanoke Municipal Airport and certain of its facilities, upon certain terms and conditions for a three (3) year period commencing as of November 1, 1967. WHEREAS, the Airport Committee, after conclusion of certain negotiations eld with Piedmont Aviation, Incorporated, has recommended that the fees and rentals ereinafter set forth are fair and reasonable to be fixed and agreed upon between the City and said corporation for the latter's use of the Municipal Airport as hereinafte )rovided, and has exhibited to the Council a written Airport Use Agreement recommende o be entered into between the City and said corporation, a copy of which is on file n the office of the City Clerk, approved by the City Attorney. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the City Manager and the City Clerk be and are hereby authorized nd directed, on behalf of the City, to execute and to seal and attest, respectively, hat certain Airport Use Agreement drawn and made to be entered into between the Ci~ nd Piedmont Aviation, Incorporated, under date of December 15, 1967, providiag for aid airline's use of Roanoke Municipal Airport and leasing unto said airline certain ights, privileges and space at said airport for a period of three years, commencing s of November 1, 1967, and terminating October 31, 1970, at the following charges, iz: Landinq fee: Ten cents ($0.10) per 1,000 pounds of aircraft weight landed by said airline at said Airport, per month. Terminal space rental First floor ticket counter area - $5.00 per square foot per annum; First floor office and cargo space, including space in new addition on south end of terminal building - $3.50 per square foot per annum; Basement storage space - $1.50 per square foot per annum,;' Fuel tank farm area spaces Approximately 30 feet by 30 feet each - $30.00 per month, per space; Public Address System $15.00 per unit per month; nd upon such other terms and conditions as are set out and contained in the aforesai .irport Use Agreement drawn under date of December 15, 1967, and on file in the office of the City Clerk, but which shall be approved as to form by the City Attorney; said Airport Use Agreement to be so executed on behalf of the City after the same shall ave been tendered to and executed on behalf of Piedmont Aviation, Incorporated. 326 BE IT FURTHER ORDAINED that, the previous Airport Use Agreement made under date of August 1, 1963, between the City and Piedmont Aviation, Inc., having expired and terminated as of midnight, July 31, 1966, but said Airline having, with the City consent, continued to exercise the privileges therein 9ranted and to occupy the spac and areas therein leased to said Airline and, also, certain addit~nal spaces, Piedmont Agiation, Inc., be now billed or invoiced by the City for the full period from August 1, 1966, throught October 31, 1967, on a monthly basis, for all such use by said Airline of the facilities and spaces at said Airport, including Activity Fees rental for space and areas used and occupied by said Airline, use of the public address system at said Airport and rental for new areas or spaces oc'cupied or used by said Airline subsequent to August 1, 1966, all such charges to be billed or invoic at the same rates and schedule of charges set out and contained in the parties' Airpor Use Agreement dated August 1, 1963, aforesaid. APPROVED ATTE ST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of December, 1967. No. 17914. AN ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of the Code of the City of Roanoke, 1956, as amended, a~d Sheet No. 139, Sectional 1966 Zone Map, City of Roanoke, as amended, in relation to Zoning; and providi.ng for an emergency. WHEREAS, the City Planning Commission has recommended to the Council that the territory and area of land annexed to the City effective at midnight, December 31 1966, hereinafter described, be rezoned from RS-3 Single-Family Residential District to RS-1 Single-Family Residenti~ District; and WHEREAS, the written notice and the posted sign required to be published ant posted, respectively by Section 71, Chapter 4.1, Title XV, of the Code of the City of Roanoke, 1956, as amended, relating to the proposed rezoning of all of the abovedescr ,ed property, have been published and posted as required and for the time provided by sai section; and WHEREAS, the hearing as provided for in said notice was held on the 26th day of December, 1967, 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 matters presented at said hearing, is of the opinion that all of the hereinafter described land and territory should be rezoned; and WHEREAS, for the usual daily operation of the municipal government 8nd in 327 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. 139 of the Sectional 1966 Zone Map, City of Roanoke, as amended, be amended in the following particulars and no other, viz: That the following, namely: (a) (b) All of the lots and property located on the east side of Dogwood Lane, S. W., shown ss Lots 1 through 11, inclusive, Block 2, on the recorded Map of Section No. 1, Jefferson Forest, and, also, two (2) certain unplatted lots or parcels containing 1.0 acre and 4.30 acres, respectively, all said lots and parcels being designated as Official Nos. 1390201 through 1390213, inclusive, on Sheet 139 of the Sectional 1966 Zone Map; All of the lots and property located on the west side of Dogwood Lane, S. W., shown as Lots 1 through 9, inclusive, (Lot 9 being now numbered 9 and gA), Block 1, on the recorded Map of Section No. 1, Jefferson Forest, and, also, two (2) unplatted lots or parcels containing 0.74 acre and 1.0 acre, respectively, all said lots and parcels being designated as Official Nos. 1390101 through 1390110, inclusive, and Nos. 1390411, 1390313 and 1390314 on Sheet 139 of the Sectional 1966 Zone Map; (c) All of the lots and property located on the east side of Heritage Road, S. W., shown as Lots 1 through 10, inclusive, Block 4, on the recorded Map of Section 2, Jefferson Forest, and being designated as Official Nos. 1390401 through 1390410 on Sheet 139 of the Sectional 1966 Zone Map; and (d) All of the lots and property located on the west side of Heritage Road, S. W., and on both sides of Heritage Circle, S. W., shown as Lots 1 through 12, inclusive, Block 3, on the recorded Map of Section 2, Jefferson Forest, and being designated Official Nos. 1390301 through 1390312 on Sheet 139 of the Sectional 1966 Zone Map; be, and are hereby changed from RS-3,Single-Family Residential District, to RS-1 Sin Family Residential District, and that Sheet No. 139 of the aforesaid map be changed in this respect. 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 26th day of December, 1967. No. 17915. AN ORDINANCE amending and reordaining paragraph numbered 5. of the rules for interpretation of district boundaries, Sec. 3, Article II, Districts and Boundaries Thereof, of Chapter 4.1, Title XV, of the Code of the City of Roanoke, 1956, relating to Zoning, said paragraph providing for the classification of territor annexed to the City~ and providing for an emergency. 328 WHEREAS, the City Planning Commission, on its own motion directed to and recommended for the Council's consideration the amendment of the district zoning regulations hereinafter set out and provided; 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 26th day of December, 1967, in accordance with said notice, on the recommendation of the Planning Commission, 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 recommendation of said Planning Commission, and of th e matters presented at said public hearing, the Council is of opinion that paragraph numbered 5., of Sec. 3., Article II. Chapter 4.1,,Title XV of the Code of the City of Roanoke, 1956, as amended, should be amended as hereinafter p.rovided; and WHEREAS, for the usual daily operation of the municipal government and knowing that additional areas of territory will be transferred to the zoning and othe jurisdiction of the City as of midnight, December 31, 1967, the Council hereby sets forth and declares an emergency 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 paragraph numbered 5., providing for the classification of territory annexed to or otherwise becoming a part of the City, of Sec., 3. Article II, District and Boundaries T.hereof, Chapter 4.1, Title XV, relating to Zoning, of the Code of the City of Roanoke, 1956, as amended, be, and said paragraph numbered 5. is hereby amended and reordained to read and provide as follows: 5. In case of annexation to the city, or in case property comes into the territorial jurisdiction of the city other than by annexation, the regulations applying to the RS-1 residential district shall be construed to 'apply to all such annexed or new territory pending orderly amendment of the ordinance. 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 26th day of December, 1967. No. 17916. WHEREAS, for the usual daily operation of the Municipal Govemnent of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~64, "Maintenance of City Property," and Section ~75, "Recreation, Parks and Recreational Areas," of the 1967-68 Appropriation Ordinance, be, and the same ar hereby, amended and reordained to read as follows, in part: MAINTENANCE OF CITY PROPERTY ~64 Maintenance of Buildings and Property (1) .............. $270,310.04 Parks and Recreation 17,775.00 Thrasher Park Recreation Center Patio Roof $750.00 RECREATION, PARKS AND RECREATIONAL AREAS ~75 Operating Supplies and Materials (2) ................... $ 25,995.00 (1) Net increase $750.00 (2) Net dec~ease ......... $750.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTE ST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of December, 1967. No. 17917. AN ORDINANCE accepting the proposal of Wiley N. Jackson Company for constructing a storm drain on Aspen Street, 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, seven bids were received by the City ~r the improvements hereinafter authorized and, upon opening before the Council, at its regular meeting held on December 18, 1967, were read and referred to a committee for tabulation, as a result of which the proposal herein after 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 ordered, although the low bid therefore exceeds by some amount the sum estimated to be the cost of said project; md WHEREAS, there has heretofore been 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 33O WHEREAS, for the usual daily operation of the municipal government,, an emergency is deemed to exist in order that ~ is 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 Wiley N. Jackson Company for the construction of a certain storm drain on Aspen Street, N. W., to extend along said street from Fomst Park Boulevard to Ajax Street, in full accordance with Alternate "B" of the City's plans and specifications made therefor, for the sum ~f $49,267.50, based on unit prices as set out in said proposal, which pr'oposal 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 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 tit 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 £or the performance 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. APPROVED ATTEST: ..C , '. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of December, 1967. No. 17918. AN ORDINANCE to amend and reordain Section ~B9, "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 s~me hereby, amended and reordained to read as follows, in part: CAPITAL CIP 39 Aspen Street Drain (1) ........................ .. $49,367.50 (1) Net increase $9,367.50 331 BE IT FURTHER ORDAINED that, an emergency existing, this Ordi~ce shall be in effect from its passage. APPROVED ATTE ST: Mayor IN THE COUNCIL OF THE CITY OE ROANOKE, VIRGINIA, The 26th day of December, lP67. No. 179 19. AN ORDINANCE awarding a contract for cleani~ and painting the interior and exterior of a certain 750,000 gallon steel standpipe known as the Grandin Court Tank N. 2., belonging to the Cityl and providing for an emergency. WHEREAS, at the meeting of Council held on December 18, 1967, and after due and proper advertisement therefor, four bids for the cleaning and painting of th interior and exterior of a 750,000 gallon elevated tank in the Grandin Court section of the City were opened and read before the Council, which said bids were thereafter referred by the Council to a committee to tabulate and study the same and to report thereon to the Council; and WHEREAS, said committee has reported to the Council that after a study of the same it appears that the proposal hereinafter accepted represents the lowest and best bid made to the City for the work needed to be done, and said committee has recommended that the said bid be accepted; and WHEREAS, there has been appropriated by the Council a sum sufficient to pay the cost of thecontract hereinafter authorized to be entered into, and for the usual daily operation of the mu~ci~al 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 Randall H. Sharpe of Oklahoma City, Oklahoma, for furnishing all labor, tools equipment and materials necessary for cleaning and painting the interior and exterio of a certain 750,000 gallon steel standpipe known as the Grandin Court Tank No. 2, for a lump sum of $7,649.00, cash, as set out in the City's specifications made therefor, be and said bid is hereby ACCEPTED; and that the City Manager be, and he i hereby authorized and directed, for a~ on behalf of the City, to execute a requisite contract with the aforesaid bidder in accordance with the terms and conditions of this ordinance, said bidder's proposal and the City's specifications made for said work, s aid contract to be upon such form as is approved by the City Attorney, and th cost to be paid out of funds heretofore appropriated by the Council for the purpose. 332 BE IT FURTHER ORDAINED that the three other bids made to the City for the performance of said work be, and the same are hereby REJECTED; the City Clerk to so notify each of said other bidders and to express to each the City's appreciation of said bids. BE IT FINALLY ORDAINED that, an emergency existing this ordinance be in full force and effect upon its passage. ATTEST: City Clerk APPROVED Mayo, r IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of December, 1967. No. 17920. A..RESOLUTION relating to the settlement of certain judgments of the City heretofore obtained against Mrs. Helen E. Yurnakes. WHEREAS, the Council heretofore, by Resdution No. 14841 adopted June lB, 1962, authorized the Delinquent Tax Collector to accept a certain reduced settlement of a judgment obtained by the City February 25, 1960, against Mrs. Helen E. Vurnakes provided that at t~ same time payment be made to the City of the full amount of another judgment thereafter obtained against said person by the City on September 21 1961; and WHEREAS, subsequently on June 30, 1964, a third judgment was obtained by the City against said person, all of t~ aforesaid judgments being for certain unpaid tax claims and none of which have yet been paid, despite the aforesaid compromise authorization; and the matters have been recently referred by the Council to a committee for consideration and recommendation. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Delinquent Tax Collector be, and he is'hereby authorized and directed to accept the sum of $381.27, cash, with interest thereon at 6% per annum from July 1, 1962, and $4.75 court costs, in compromise settlement of that certain judgment obtained by the City on February 25, 1960, against Mrs. Helen E. Vurnakes, etc., provided (a) ~at payment at the same time to the City of the full amount of its judgment obtained September 21, 1961, for tangible personal property taxes for the years 1956, 1957 and 1958 and the full amount of its judgment obtained J~ne 30, 1964, for tangible personal property taxes for the year 1961, ~ith interest, pe'nalties and costs to date of payment on each said judgment be paid, and (b) provided that all such settlements be made with the City prior to December 31, 1967; otherwise, all such authorization by the City of compromise settlement to be ~ithdrawn. A P P R 0 V E D 333 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of December, 1967. No. 17921. A RESOLUTION acknowledging, with appreciation, the services rendered by members of a certain Advisory Committee to the Council. WHEREAS, the Advisory Committee to the Council, appointed August 29, 1966, to assist the Council in formulating an agreement or plan for the governmental and territorial consolidation of the City of Roanoke and Roanoke County, including the incorporated towns in said County, together with members of a similar committee appointed by the Board of Supervisors of said O~unty, presented to this Council on December 18, 1967, its report in writing, containing a draft of a proposed agreement for such consolidation and, also, a report of certain studies caused to be made by said committees, all of which the Council has received and taken under careful consideration, meanwhile continuing its advisory Committee in being; and WHEREAS, it is apparent from said Committee report and from the general public acceptance and approval noted upon release and publication thereof that the members of said committees have prepared and presented a plan of agreement which, wi minor changes, might well serve as the framework on which consolidation of the afore- said governmental units may be effected. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the ,members of this Council acknowledge, with appreciation, the public services rendered by the members of this Council's ~dvisory Committee and by those members of an Advisory Committee to the Board of Supervisors of Roanoke County who, togehter and after many meetings and studied consideration, have made written report to the Council at its meeting on December 18, 1967, of a form of agreement or plan for a consolidation of the City of Roanoke and Roanoke County; and the Council hereby expresses to each member' of said Committees its sincere appreciation of the contributions of time, effort and thoughtful study made by each aforesaid committee member in discharge of the duties imposed upon them by their respective governing bodies. BE IT FURTHER RESOLVED that the Clerk do transmit to each aforesaid committee member an attested copy of this resolution. APPROVED ATTE ST: / City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of December 1967. No. 17922. 334 WHEREAS, for the usual daily operation of the municipal government and of the City's department of public welfare, an emergency is hereby set forth and declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sectio 8, Chapter 1, Title X of the Code of the City of Roanoke, 1956, relating to the Advisory Board of Public Welfare, be and is hereby amended and reordained to read and )rovide as follows: Sec. 8. Advisory Board of Public Welfare. There shall be an advisory board of public welfare consisting of twelve members who shall be citizens' of the city. They shall hold no office of profit under the city government and shall serve without compensation. Appointments shall be made by the city council for terms of three years. Vacancies in the membership of the board shall be filled by the council for the unexpired portion of the term. The advisory board of public welfare shall choose annually one of its ~umber to be chapman for a term of one year and until his successor is chosen and qualifies. An employee of the departme,nt of public welfare shall be assigned by the director of public welfare to act as secretary of the board. It shall hold such regular meetings as it may detemine. Special meetings may be held at any time on call of the chairman of the board, the director of public welfare or any three members of the board. The board shall advise with the local board of public welfare on all matters submitted by him for its consideration. 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 RO~DKE, VIRGINIA, The 26th day of December, 1967. No. 17923. 'AN ORDINANCE amending and reordaining Sec. 25, of Article 1, Chapter 8, title VI, Taxation, of the Code of the City of Roanoke, 1956, as amended, providing )enalties for prosecuting licensable businesses without.first obtaining a license and making certain provisions for the report of such violations of the provisions of said chapter; and providing for an emergency. WHEREAS, a committee appointed by the Council having recommended certain changes in the provisions made for the administration and enforcement of certain of the license tax regulations of the City contained in the section hereinafter set out; and WHEREAS, for the usual daily operation of the municipal government and in order that this ordinance be effective upon its passage, an emergency is hereby set forth and declared to exist. 335 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec. 25, of Article I, Chapter 8, Title VI. Taxation, of the Code of the City of Roanoke, 1956, as amended, be and said section is hereby amended and reordained to read and provide as follows: Sec. 25. Report of Violations; Penalties. Any person conducting a business, vocation, trade, pursuant, calling, occupation, or profession for the conduct of which a license tax is required under this chapter, without first obtaining such license, shall be guilty of a misdemeanor, and each day's default shall con- stitute a separate offense. It shall be the duty of the Commissioner of the Revenue as soon as every case of default comes to his knowledge to eause such delinquents to be summoned before him to obtain the required license, or to cause such delinquent to be summoned before the Municipal Court to be tried for violation of the requirement of obtaining such license as is required by this Chapter, or both; but the duty herein imposed on the Commissioner of the Revenue shall not relieve the police force of the City from the general duty of enforcing the provisions of this chapter, or any other ordinance of the City. 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 COUNC~ OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of December, 1967. No. 17924. AN ORDINANCE amending and reordaining Sec. 68, of Article II, Chapter 8, Title VI, Taxation, of the Code of the City of Roanoke, 1956, as amended, providing a license tax on distributing houses; and providing for an emergency. WHEREAS, a committee appointed by the Council having recommended certain changes in the rate of annual license tax to beassessed on certain persons operati~ distributing houses in the City, and in the classification of such licensable subjects; and WHEREAS, for the usual daily operation of the munScipal government and i: order that this ordinance be effective as to all such licenses issued during the tax year 1968, an emergency is hereby set forth and declared to exist in order that said Ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec. 68, of Article II, Chapter 8, Title VI. Taxation, of the Code of the City of Roanoke, 1956, as amended, be and said section is hereby amended and reordained to read and provide as follows: 336 Sec. 68. Distributing Houses. Every person engaged in business as a merchant and operating a distributing house or place in the city (other than the house or place of manufacture) for the purpose of storing and distributing goods, wares and merchandise among his or its retail stores, only, within the city and without the city, shall, for the privilege of operating such distributing house pay a license tax of .......... $55.00 plus l0 cents on each $100.00 of the cost price to such person of the goods, wares and merchandise distributed through such distributing house or place to his or its retail stores located without the city. 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, ~RGINIA, The 26th day of December, 1967. No. 17925. AN ORDINANCE amending and reordaining subsection (b), Sec. 104. Slot Machines; Slot Machine Operators, of Article II, Chapter 8, Title VI. Taxation, of the Code of the City of Roanoke, 1956, as amended, providing for license taxes to be imposed on certain slot machines and coin-operated machines and slot machine operator and making certain provisions relating thereto; and providing for an emergency. WHEREAS, a committee appointed by the Council having recommended certain changes in the rate of annual license tax to be assessed on certain slot machines and coin-operated machines and persons operating the same in the City, and in the classification of such licensable subjects; and WHEREAS, for the usual daily operation of the municipal government and in order that this ordinance be effective as to all such licenses issued during the tax year 1968, an emergency is hereby set forth and declared to exist in order that said ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Reanoke that subsection (b), Sec. 104, of Article II, Chapter B, Title VI. Taxation, 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) Slot machines. Every person having anywhere in the city a slot machine of any description into which is inserted nickels or coins of larger denominations to dispose of articles of merchandise, or to perform a service, or for the purpose of operating devices that operate on the coin-in-the-slot principle, used for gain, except as a pay telephone, shall pay, for every such slot machine or device as the case may be, a license tax of ............................................... $30.00. Except that: 337 (1) For each coin operated radio or television set in any hotel, motel, tourist court, rooming house, hospital room, restaurant or other eating place, there is hereby levied an annual license tax of .................... ~5.00. (2) For each such vending machine that is used solely for the sale of soft drinks or cigars there is hereby levied an annual license tax of ............. $3.00. (3) For each such vending machine as is used solely for the sale of candy there is' hereby levied an annual license tax of .............................. $5.00. (4) For each vending machine used solely for the sale of cigarettes, operated on premises for which a tobacco retailer's license has been obtained, there is hereby levied an annual license tax of ............. $5.00. (5) For each weighing machine or machines operated by the use of a one-cent coin, or one-cent coins, or coins of larger denominations, used solely for the purpose of weighing, or selling shoe strings, chewing gum, or postage stamps, there is hereby levied an annual license tax of ........................... $2.00. (6) For each automatic baggage or parcel checking machine or receptacle used for the storage of baggage or parcels of any character, there is hereby levied for each receptacle that is operated on the coin-in-the-slot principle, an annual license tax of ................ $0.28. (7) For each combination amusement and vendin9 machine operated by the insertion of one-cent coins, there is hereby levied an annual license tax of ...$10.00. (8) For each vendin9 machine operated by the insertion of a nickel or coins of larger denominations, used solely for the sale of agricultural products, peanuts, peanut candy, peanut butter sandwiches and creme sandwiches, there is hereby levied an annual license tax of .................................... $5.00. except that: For each vending machine operated by the use of a one-cent coin, or by one-cent coins, used solely for the purpose of selling peanuts or peanut candy there is hereby levied an annual license tax of ................................................. $2.0O. This section shall not apply to slot machines or devices used soley for the purpose of selling individual sanitary drinking cups or sanitary drinking cups and natural water, or to machines vending sanitary napkins or washing machines. A single license may be issued to any one applicant for any definite number of coin-operated or slot machines to be operated in any location and the same may be applied for in one application, in which case there shall be assessed only one issuance fee. In all cases the application shall state and the license shall show an identifying description, by serial number, if possible, of ea'cl~ machine so licensed. Regularly licensed retail merchants paying city retail merchant's license tax on all sales at retail shall not be required to have any separate vending machine license on such coin-operated vending machines; provided, that such coin-operated vending machines are owned by the merchant and located on the premises of his place of business, and provided that his own prepared merchandise is sold through such coin-operated vending machines. The commissioner shall not issue any license under this section unless and until the applicant shall state on oath that no element of chance enters into the operation of the machine or machines for which a license is applied, and nothing contained in this section shall be construed as permitting any person to keep, maintain, exhibit or operate any slot machine or other device, the operation of which is prohibited by law. 338 The commissioner shall prepare and furnish to the person applying for any license hereunder revenue stamps or stickers to be immediately affixed to the machine so licensed, which stamps or stickers, when signed by the commissioner issuing such license, shall evidence the payment of the license tax imposed hereunder. It shall be the duty of every licensee under this section to whom any such stamp or sticker is issued by the commissioner to immediately attach the same to the machine licensed thereby and to keep the same so attached throughout the license period. The form of the stamps or stickers aforesaid shall be prescribed by the commissioner. Any person who operates or allows to be operated any slot machine mentioned in this section without payment of the license tax herein imposed or without the proper stamp or sticker attached to such machine shall be guilty of a misdemeanor. 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 January, 1968. No. 17913. 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. 212, Sectional 1966 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have property located east of llth Street, N. W., on Hanover Avenue, being the northern part of Lots 1 and 2, Official Tax Nos. 2120301 and 2120302, and all of Lot 3, Official Tax No. 2120303, Block 13, Melrose Land Company Map, 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 18th da of December, 1967, at 2 p.m., before the Council of the C.ity of Roanoke and continued until the 26th day of December, 1967, at which hearing all parties in interest and citizens wa~ given an' opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, the ~ouncil, after considering the evidence as presented, is of the opinion that the hereinafter described land should be rezoned. 339 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. 212 of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz.: Property located east of llth Street, N. W., on Hanover Avenue, being the northern part of Lots 1 and 2, and all of Lot 3, Block 13, Melrose Land Company Map, designated on Sheet 212 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax Nos. 2120301, 2120302 and 2120303, be, and is hereby, changed from RD, Duplex Residential District, to RG-2, General Residential District, and that Sheet No 212 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 2nd day of January, 1968. No. 17926. A RESOLUTION amending the Redevelopment Plan Amendment No. 5 for the Commonwealth Redevelopment Project in the northeast section of the City of Roanoke, Virginia.. WHEREAS, the Council of the City of Roanoke, Virginia, by Resolution No. 16813, adopted on the 3rd day of January, 1966, approved Amendment No. 4 to the Redevelopment Plan for the Commonwealth Redevelopment Project in the northeast section of the City of Roanoke, Virginia; and WHEREAS, the City of Roanoke Redevelopment and Housing Authority did approve, by resolution, and recommend to the City Council that the Commonwealth Redevelopment Project be further amended as Amendment No. 5; and WHEREAS, the Council of the City of Roanoke, Virginia, by Resolution No. 17616, adopted on the 3rd day of July, 1967, did resolve that said' Redevelopment Plan for the Commonwealth Redevelopment Project be further amended with regard to Paragraph 2, Permitted Land Use, to provide for paved open space commercial parkino in the area therein described; and WHEREAS, prior to the submission of said proposed Amendment No. 5 to the United States Department of Housino and Urban Development for approval of said Amendment No. 5, it became apparent that the hereinafter described Amendments to said Plan would be necessary; and WHEREAS, the City of Roanoke Redevelopment and Housing Authority has approved, by resolution, and recommended to the City Council that the Redevelopment Plan for the Commonwealth Redevelopment Project be further amended as hereinafter set forth, which said further amendments incorporate that approved by the Council of the '340 WHEREAS, it appears that said Commonwealth Redevelopment Project Plan should be modified for the following reasons and to accomplish the following purposes: (1) To permit the acquisition of the lands owned by Mt. Zion Baptist Church, previously designaged "Semi-Public, Not To Be Acquired"; (2) To permit Paved Open Space Commercial Parking Reuse of the area bounded on the north by Wells Avenue, N. E., on the east by Fourth Street, N. E., on the south by Shenandoah Avenue, N. E., and on the west by the eastern right of way line of Interstate Route 581; (3) To eliminate from the Project Area the property occupied by Gilmer School and recreational buildings; and (4) To eliminate the overlap in boundaries that exists in the Fourth Street area of the Commonwealth Project and the proposed Kimball Urban Renewal Project Area. THEREFORE, BE IT RESOLVED, by the Council of the City of Roanoke, that the Redevelopment Plan for the Commonwealth Redevelopment P~oject in the northeast sectio of the City of Romoke, Virginia, be changed and amended in the following respects: (1) That the first sentence of the second paragraph of the paragraph entitled "C", on page 2, be changed to read "The Project Area covers 80.5 acres."; (2) That the "Land Use", "Area - Acres", and "Percent of Total", on psge 2, be changed to read as follows: "Land Use Residential Business Public (School) Vacant Net Streets 6 Alleys (3) Gross Area - Acres Percent of Total 36.3 70.8 4.2 8.2 .4 .9 10.3 20.1 51.2 100.00 29.3 80.5 That the last sentence of Part II, Paragraph A, "NEED FOR FINANCIAL AID", on page 3, reading, "One church property and a public school and recreational building is being retained in the Project Area", be deleted; (4) That the words "public school and recreation", appea~ng the first line, and "semi-public", appearing in the second line, at the top of page 5, be deleted; (5) That paragraph numbered "q", on page 6, reading, "An alternate inter public school and recreation use is permitted on the parcel of land located on the northwest corner of Gilmer Avenue and Fourth Street, N. E. (Reference is made to paragraph 2.C.)", is deleted, and there is substituted in its 'place the following, "q. Paved open space commercial parking is permitted not exceeding 60% of the tota area which is bounded on the north by Wells Avenue, N. E., on the east by Fourth Street, N. E., on the south by Shenandoah Avenue, N. E., and on the west by the ~t.~rn rinht of way line of Interstate Route 581"' 341 (6) That paragraph "C", appearing at the top of Page 7, reading "C. Public School and Recreation. The Public School and Recreation Buildings now occupy- ing this area will be retained, however, upon closing of the school and recreation building by the City of Roanoke, the land at the N. W. Corner of Gilmer Avenue and ! 4th Street N. E. shall be used by or disposed of by the City for Commercial use", be deleted, and the following paragraphs numbered "D" and "g" be renumbered C and "D", and that the paragraph then following, designated Semi Public. A church now occupying this area will be retained", be deleted; page 9 of the Plan be deleted, and the paragraph following reading "D. Auditorium-Coliseum" be designated as "C" on page 9 of said Plan; (8) That the paragraph at the bottom of page 10 of said Plan, "E. Public Open Space", shall be changed to read "D. Public Open Space"; (7) That the paragraph designated "C. Public School and Recreation. The Public School and Recreation Buildings now occupying this area will be retained", on Publ lc- designated (9) reading "F. deleted; "PART II. That the paragraph appearing at the top of Page 11 of said Plan, Semi-Public. A Church now occupying this area will be retained", be (10) That the paragraph at t~ bottom of pa§e il of said Plan, desi§nated RELOCATION PLAN. The relocation of families, single persons and businesses in the Project Area has been carried out in accordance with the original Redevelopment Plan", be deleted, and there be substituted in its place the following "PART II. RELOCATION PLAN. The relocation of all families and individuals in the Project Areahas been carried out in accordance with the original Redevelopment Plan. With the exception of a church, which is being added to the Project Area by this amendment to the Plan, all businesses and non-profit organizations have been satisfactorily relocated. It is the intention of the City of Roanoke Redevelopment and Housing Authority to financially assist the church if said organization is eligible for any payments under the Federal Rules and Regulations Governing Relocation Payments pursuant to Section 114 of the Housing Act of 1949, as amended, The City of Roanoke Redevelopment and Housing Authority expects to complete all relocation in the project area during the summer of 1968"; (11) That the boundary description contained in said Plan be amended by deleting the sixth course thereof, reading "thence south with the aforesa~ east right-of-way line of Fourth Street to the intersection of the south right-of-way linei of Shenandoah Avenue and the east right-of-way line of Fourth Street extended", be deleted, and that there be substituted in the place of the said sixth course the following, "thence south with the aforesaid east right-bf-way line of Fourth Street to its intersection with the north right-of-way line of Harrison Avenue; thence southwest approximately 30 feet to the west right-of-way line of Fourth Street; thence south with the aforesaid west right-of-way line approximately 375 feet to a point; thence west along a property line approximately 50 feet to a property corner; thence south along a property line approximately 110 feet to a property corner; thence west along a property line approximately 95 feet to a property corner; thence generally corner; thence east along a property line approximately 35 f.eet to a property corner thence generally in a northerly direction along the west end of a cul-de-sac approximately 30 feet to the center line of Gilmer Avenue; thence east along the center line of Gilmer Avenue to its intersection with the west right-of-way line of Fourth Street; thence along the aforesaid west right-of-way line of Fourth Street to the intersection of the south right-of-way line of Shenandoah Avenue and the west right-of-way line of Fourth Street extended"; and (12) That the above changes are incorporated as a part of the Redevelopment Plan for the Common.wealth Redevelopment Project, and such changes shal be designated as Amendment No. 5 of the Redevelopment Plan for the Commonwealth Redevelopment Project. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of January, 1960. No. 17027. A RESOLUTION relating to the plans, drawings and specifications for construction of the City's new Civic Center facilites. BE IT RESOLVED by the Council of the City of Roanoke that Associated Architects and Engineers of Roanoke, heretofore engaged by the City to perform specified professional services in and about the preparation of plans, drawings and 'specifications for construction of the City's new Civic Center, descrfl) ed in the agreement between the parties as an auditorium and related public buildings, parking facilities and landscaping, be and said architects and engineers are hereby requested to submit to this Council, not later than noon, January 6, 1966, the plans drawings and specifications so prepared and necessary to be supplied for the purpose of proceeding with an advertisement for bids for the construction of said new fac ilites. BE IT FURTHER RESOLVED that the City Clerk do transmit to said architects and engineers an attested copy of this resolution. APPROVED ATTEST: _. 'i i , City Clerk Mayor 343 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of January, 1968. No. 17928. A RESOLUTION proposing an extension of the time provided for performance of a covenant contained in a certain deed from City of Roanoke Redevelopment and Housing Authority to the City of Roanoke dated February 1, 1965. WHEREAS, the City heretofore agreed, by covenant contained in a certain deed from City of Roanoke Redevelopment and Housing Authority to the City of Roanoke, bearing date of February 1, 1965, to commence, within three, (3), years from the date of said deed, construction of its Civic Center on the site therefor conveyed by said deed and, having commenced, to substantially complete the construction of said building or buildings within five, (5), years from the date of said deed; and WHEREAS, performing the first of the aforesaid covenants, the City has heretofore and within the time covenanted commenced the redevelopment of said Civic Center site by award of a substantial contract for the grading and other preparation of said site, the plans of such site preparation having been approved by said Authority; and all such grading and site preparation has now been completed; and WHEREAS, construction plans for the new Civic Center building or buildings being now near completion and ready to be submitted to said Authority for approval, it is considered that sufficient time may not have beem provided in the aforesaid deed covenant to permit of the substantial completion of said new Civic Center, and that provision should now be made for extending such period of time. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that City of Roanoke Redevelopment and Housing Authority be and is hereby respectfully requested to enter into written agreement with the City of Roanoke extending until August 1, 1971, (a period of six and one-half years measured from February 1, 1965) the time within which the City shall substantially complete the redevelopment of the land heretofore sold and conveyed to the City by said Authority by deed dated February 1, 1965, recorded in the Clerk's Office of the Hustings Court of the City of Roanoke, by construction on said land of a suitable auditorium and/or coliseum building or buildings, as covenanted to be done by the City in paragraph (3). (a). of the aforesaid deed of conveyance; and, such agreement on the part of said Authority being forthcoming, the Mayor and the City Clerk are hereby authorized and empowered to execute, seal and acknowledge such agreement on behalf of the City and the City Attorney shall cause such agreement to be properly recorded in the aforesaid Clerk's Office. BE IT FURTHER RESOLVED that the City Clerk do forthwith transmit an attested copy of this resolution to the Chairman of the City of Roanoke Redevelopme and Housing Authority. APPROVED 344 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of January, 1968. No. 17929. AN ORDIN~ CE to amend and reordain Section =10, "Auditor," of tie 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 =10, "Auditor," of the 1967-68 Appropriation Ordinm ce, be, and the same is hereby, amended and reordained to read as follows, in part: AUDITOR =10 ~ravel Expense and Education (1) ................... $ 2,000.00 (1) Net increase --$1,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: / City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, Tl~e 2nd day of January, 1968. No. 17930. A RESOLUTION ratifying and adopting the City's application made pursuant to Resolution No. 16786 and Resolution No. 17838 of the Council for grant under Title VII of the Housing Act of 1961, as amended, to acquire and develop certain ope~ space land; accepting the Grant Offer issued thereon for Project No. Va. 0SA-2B(DL) 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 tie 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. OSA-2B(DL), for the purposes designate. in tie sa id application; and WHEREAS, the Government has approved the said application subject to certain conditions and has submitted to the Applicant a certain Contract for Grant identified as Contract No. Va. OSA-28('DL)(G), for approval and execution by the Applicant, 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 Government's offer to the City as a grant under Title VII of the Housing Act of 1961, as amended, with respect to a certain project identified as Project Va. OSA-28(DL), be, and said offer is hereby ACCEPTED; and that a certain Contract for Grant, identified as Contract No. Va. OSA-28(DL)(G), be, and the same is hereby APPROVED, said Contract for Grant being in the following words and figures, viz: HUD-3180aA (1-67) DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (OPEN-SP~.CE LAND PROGRAM) CITY OF ROANOKE Name of Public Body CONTRACT FOR GRANT TO ACQUIRE LAND FOR OPEN-SPACE PURPOSES Va. OSA-2B(DL) Project No. Va. OSA-28(DL)(G) Contract No. PART I THIS Contract, consisting of this Part I and the attached Terms and Conditions Part II, Form HUD-31BOb (1-67), effective on the date set out below, by and between CITY OF ROANOKE (herein called the "Public Body") and the United States of ~erica (herein called the "Government"). WlTNESSETH: In consideration of the mutual covenants and representations hereinafter contained, 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") under 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 acquisition of fee simple title in that certain land located in the City of Roanoke, Virginia and described in the attached Exhibit A made a part hereof by reference 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-spac uses, as set forth in this Section, if the Project involves the acquisition and clearance of developed land. (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 b for park and recreational purposes, conservation of land and other natural resource 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 actual cost of the Project, or in the amount of $30,225., whichever is less. SEC. 4. RELOCATION GRANT (a) The Government further agrees to increase the Grant otherwise payable to the Public Body pursuant to the provisions of Section 3 hereof in an amount equal to the relocation payments which are made by the Public Body in connection with the Project, in accordance with regulations prescribed by the Secretary with respect thereto: Provided, that the amount of such increase shall in no event exceed the sum of $2,150. (b) The Public Body agrees to make relocation payments to or on behalf of eligible families, individuals,'business concerns, and nonprofit organizations in accordance with and to the fullest extent permitted by the regulations prescribe( by the Secretary and within the limitations of subsection (a) hereof. (c) No part of the amount of the relocation payments provided for hereunder shall be included in computing the amount of the Grant otherwise payable to t'he Public Body pursuant to the provisions of Section 3 hereof. SEC. 5. TIME OF PERFORMANCE The Public Body agrees that it will complete the acquisition of the open-space land within 24 months following the date of approval of the Application. SEC. 6. COUNTERPARTS OF THE CONTRACT Th~ 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. CHANGES APPLICABLE TO PART II HEREOF Wherever there appears in the Terms and Conditions, Part II, of this Contract any reference to or any provision directed toward demolition and/or development activities on open-space land acquired as part of the Project authorized hereunder, such provision or reference shall be deemed to be surplusage, it being understood and agreed by and between the parties hereto that the purpose of this Contract is to provide for Federal grant to assist in the acquisition of land for open-space purposes. SEC. 8. SPECI~.L CONDITIONS NONE SEC. 9. GOiviPr2NSATIGN T6 GOVERNMENT FOR ITS INSPECTIONS AND P~UDITS The Public Body will compensate the Government for its inspections and audits, provided for in Section 103 (B) of Part II of this Contract, a fixed fee in the amount of $800. The fixed -fee shall be payable at the time the first requisition for a Grant payment is approved by a deduction of the entire amount of the fixed fee from the first Grant payment to the Public Body: Provided, That, in the event the Grant amount authorized under Section 3 hereof with respect to the actual cost of the Project is increased, the additional fixed fee payable there] s,'~all be deducted from t/,~e next Grant payment made to the Public Body. 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 offic~l, as of ( SEAL ) CITY OF RO/~NOKE ATTE ST: (Public Body) , City Clerk By (Signe~are) Virginia L. Shaw, City Clerk (Type Name and Title) , City Manager (Signature) Julian F. Hirst, City (Type Name and Title) UNITED STATES OF AMERICA Secretary of Housing and Urban Development By Assistant Regional Administratorl 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 in the name and on behalf of the City of Roanoke, in as many counterparts as may be necessary, and that the City Clerk be an 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 forward the said executed counterparts of the said Contract to the Government, together with such other documents evidencing the approval and authorization to .y 047 CERTIFICATE I, the undersigned, hereby certify: (1) that I am the duly appointed, qualified and acting City Clerk of the City of Roanoke, the Applicant designated in the foregoing Resolution Authorizing Execution of Contract for Grant; (2) that I am the custodian of the records of the ~.pplicant including the records of the Council of the City of Roanoke, (the "Governing Body"); (3) that the foregoing copy of the said Resolution is a true and correct copy of the said Resolution as adopted at a duly authorized meeting of the said Govern ina Body held on 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 the said Resolution, and that all other requirements for the proper adoption of the said Reso were fully observed; and (5) that no action has been taken by the said Governing Body or the Applicant to reconsider, amend or rescind the said Resolution. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Applicant th is day of 196 . (SEAL) (Signature) Virginia L. Shaw, (Type Name) City Clerk of the City of Roanoke, Virginia. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of January, 1968. No. 17931. AN ORDINANCE to amend and reordain Section ~37, "Public Assistance," of the 1967-68 Appropriation Ordinanme, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of 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 th same is hereby, amended and reordained to read as follows, in part: PUBLIC ASSISTANCE ~37 General Relief 62~% (1) .......................... $ 120,000.00 (1) Net increase $60,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage, subject to approval of the State Department of Welfar and Institutions. ATTE ST: City Clerk APPROVED Mayor ution IN THE COUNCIL OF THE CITY 01~ ROANOKE, VIRGINIA, The 2nd day of January, 1968. No. 17932. AN ORDINANCE relating to the acquisition of the properties designated as Parcels 074 and 077 in Ordinance No. 17663, relating to the City's Orange Avenue, N. E., Route 460 Project 0460-128-102, RW-201, and providing for the purchase prices to be paid for said parcels; and providing for an emergency. WHEREAS, the properties hereinafter described, being wanted and needed by the City for construction of its Orange Avenue, N. E., Route 460 Project, were directed to be acquired by the ~ity upon certain terms and conditions set out and contained in Ordinance No. 17663 and for the ~peciTic~prices stated in said Ordinance and WHEREAS, having been unable to acquire said properties by purchase for the amounts heretofore provided, condemnation proceedings have been instituted against each said property and its owner, during the course of which and with reasonlble justification it has been recommended to the Council that authority be given to offer and pay, in each said case, the increased price or consideration hereinafter set out the owners of the respective parcels of.land being willing to accept the same and thereafter to convey to the City the rights in land so needed to be acquired; and WHEREAS, additional funds in the total sum of $86.00 have been appropriate, by the Council for the purposes herein provided, and, for the usual daily operation of the municipal, government an emergency is declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City do proceed to acquire from the ~ners thereof, whose names are set out opposite each of the two following described parcels of land, numbered with reference to the plans of the City's Orange Avenue, N. E., Route 460 Project and for the total cash price or consideration set out opposite each said parcel, all of the following: Parcel 074, .f~om O..W..Thomasson, owner, for ...................................... $ 90.00 Parcel 077, from H. O. Thomasson, owner, for ...................................... $100.00 and the City Auditor be, and he is hereby authorized and directed, upon request of the City Attorney, to draw and de~iver to said City Attorney check~ in payment of th~ aforesaid purchase prices, which said checks may be made payable into Court or to the respective landowners or persons certified by the City Attorney to be entitled thereto. BE IT FURTHER ORDAINED that so much of the provisions of Ordinance No. 17663 adopted August 7, 1967, as provide for the purchase prices to be paid for Parcels 074 and 077 hereinabove mentioned, be, and are amended to the extent provided in this ordinance and, further, that, an emergency existing, this ordinance be in force and effect upon its passage. APPROVED 349 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of January, 1968. No. 17934. AN ORDINANCE amending and reordaining Sec. 157, Chapter 1, Title XVlII, of the Code of the City of Roanoke, 1956, as amended, relating to Motc~ Vehicles and to the manner of redeeming impounded vehicles, and the costs thereof; and providing for an emergency. WHEREAS, for the usual daily operation of the municipal govenment and 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 upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec. 157, Chapter 1, Title XVIII, of the Code of the City of Roanoke, 1956, as amended, prescribing the manner of redeeming impounded vehicles held in safekeeping by and under the direction of the Police Department and the costs payable upon such redemption, be and said section is hereby amended and reordained to read and provid! as follows: Sec. 157. Same-Manner of redeeming impounded vehicles; cos~. (a) Subject to the provisions contained in sabsection (b) of this section, before the owner or person entitled to the possession of such impounded vehicle or other object as provided for in the preceding section, shall be permitted to remove the same from the custody of the police department whereever stored, he shall furnish evidence of his identity and right to possession of such vehicle or object, shall sign a receipt therefor, and shall pay said department a fee of eight dollars to cover the cost of removal and the storage thereof for any period not exceeding twenty-four hours, When such owner, or person in possession of such vehicle or object, shall allow the same to remain in storage in excess of twenty- four hours, he shall pay the operator of such approved place of storage, or to the city should the same have been stored on city-owned property, a reasonable charge for the additional time of storage. The city and the operator of such approved place of storage are each hereby given a lien on such impounded vehicles or objects for said charges and each is authorized to retain the possession thereof until said charges are paid. (b) No fee for removal or storage, as described in subsection (a) of this section, shall be charged to or required to be paid by the owner or person entitled to possession of any vehicle or other object caused to be removed from any public highway or public grounds and impounded by a police officer, acting pursuant to the provisions of section 156 of this chapter, or, if paid, such fee shall be refunded if, (a) at the time of such removal and impoundment, such vehicle or other object shall have been stolm from its owner or the person then entitled to possession thereof and no unlawful or unauthorized act or omission of such owner or lawful possessor shall have caused or contributed to the cause for such removal and impoundment, and (b) if such owner or person, then claiming the right of redemption and possession of such vehicle or other ~ject, shall obtain from the super- intendent of police, a judge, the Commonwealth's Attorney, or the senior police officer on duty in the absence from pol~e headquarters of the superintendent of police, a statement in writing certifying, from knowledge or on the basis of the best information then available, such vehicle or other object to have been the subject of theft or of unauthorized use or possession at the time' of such removal and the claimant named in the certificate to be entitled to possession thereof without payment of the costs of removal and impoundment provided in subsection (a) of this section; provided, however, no such claim for exemption from payment of any such fees or charges, or for a refund thereof, shall be made for any vehicle or object ordered removed from any public street or public place and impounded prior to January 1, 1968. 35O .BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage. ATTE ST: / ~ City Clerk A P PR 0 V.E D Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of January, 196B. No. 17935. A RESOLUTION welcoming the residents of Jefferson Hills into the City,of Roanoke. ' WHEREAS, effective as of midnight, December 31, 1967, a certain 1B5-acre area of land situate easterly from Colonial Avenue, S. W., and known as Jefferson Hills, adjacent to the former south corporate line of the City, was annexed to and became a part of the City of Roanoke as a result of action taken, by the residents of said area to have their territory so annexed; and WHEREAS, the City of Roanoke, being agreeable to such extension of its boundaries and enlargement of its citizenry, has heretofore formally stated its willingness to accept the new territory and to comply with'all of the terms and provisions of the order effecting such annexation. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said City doth hereby proudly acknowledge and proclaim the addition, of the 185-acre Jefferson Hills area to the City of Roanoke and doth extend to each of the residents of said new area the warm ~elcome of this Council and of the re sdients of the older pal of the City~ and the Council doth further invite each and every one of the City's new citizens to become interested and active in all of the public affairs of the Cit BE IT FURTHER RESOLVED that the City Clerk cause an attested copy of thais resolution to be published once in a daily newspaper of general circulation in the City. ATTEST: APPROVED : Mayor 351 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of January, 1968. No. 17933. AN ORDINANCE awarding certain concession privileges to be exercised at the City's National Guard Armory, upon certain terms and provisions, on the basis of a certain bid made therefor; and directing the execution of a requisite contract. WHEREAS, at a meeting of the Council held on December 11, 1967, and after due and proper advertisement had been made therefor, a single bid to the City for the award of the concession privileges hereinafter set out was opened and read before the Council and, thereafter was referred to a committee for study and report and recommendation back to the Council; and WHEREAS, the aforesaid committee made its report to the Council at its meeting on December 26, 1967, reporting on certain negotiations conducted by the committee with the sole bidder, on the basis of which it has recommended the award of the concession privileges hereinafter described upon the terms herein set out. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that R. E. Stone, Sr., trading as Stone's Concessions, be, and is awarded concession privileges, to be exercised at the City's National Guard Armory for the period commencing as of January 1, 1968, and ending December 31, 1968, in consideration of which said §rantee shall pay to the City a sum equal to 20 percent of all saia grantee's sales of good, beverages and all other articles, commodities or services made on the premises, settlements to be made by the grantee with the City within three (3) days after the end of any separate activity; and the City Manager is hereby authorized and directed, for and on behalf of the City, to enter into and execute a requisite contract in writing with the aforesaid grantee respecting the concession privileges to be exercised by said grantee as herein awarded, such contract to have incorporated into it all of the terms, provisions and conditions contained in the City's form of proposal advertised for bids in the premises and on which the aforesaid grantee's bid to the City, dated December 8, 1967, was made, said contract to be, otherwise, upon such form as is approved by the City Attorney. APPROVED ATTEST: /City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of January, 1968. No. 17936. AN ORDINAL~CE to amend and reordain Section ~48, "Department of Buildings," of the 1967-68 Appropriation Ordinance, and providing for an emergency. 352 WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~48, "Department of Buildings," of the 1967-68 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: DEPARTMENT OF BUILDINGS ~48 Advertising (1) .......................................... $ 36.00 Printing and Office Supplies (2) ........................ 877.00 (1) Net increase-- $36.00 (2) Net decrease--- 36.00 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 8th day of January, 1968. No. 17937. 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, as 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 Appropriati Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: RECREATION, PARKS AND RECREATIONAL AREAS #75 Personal Services ...................................... $300,264.00 Umpires, Scorekeepers and Guards (1) $23,897.00 (1) Net increase $5,397.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATT EST: ~ ~ ~ty Cl:rk'- Mayor 353 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of January, 1968. No. 17938. AN ORDINANCE to amend and reordain Section =260, "Water - Pumping Stations and Tanks," of the 1967-68 Water Fund Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =260, "Water - Pumping Stations and Tanks," of the 1967-68 Water Fund Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: WATER - PUMPING STATIONS AND TANKS Maintenance of Buildings and Property (1) .............. $ 19,149.00 (1) Net increase .......... $7,649.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: / f City Clerk ~Iayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of January, 1968. No. 17939. A RESOLUTIOtq requesting the State Highway Commissioner to acquire the necessary rights-of-way for Project 0460-128-102, R/W 202, being U. S. Route 460- Orange Avenue from Interstate 581 to 0.918 miles west of the east corporate limits, within the corporate limits of the City; and guaranteeing to reimburse the State Highway Department for fifteen percent (15%) of all costs incurred in such acquisition. WHEREAS, Section 33-57 of the Code of Virginia as amended by the 1966 session of the General Assembly, authorized the State Highway Commissioner to acquirt rights of way for the construction, alteration, maintenance and repair of public highways within municipalities on projects which are constructed with State or Federal participation; and WHEREAS, Section 33-57, as amended, further provides that the State Highway Commissioner may exercise such authority only upon receipt of official request from the city or town involved, now 354 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council hereby requests the State Highway Commissioner to acquire the necessary rights-of-way for Project 0460-128-102, R-W 202, being U. S. Route 460-Orange Avenue from Interstate 581 to 0.918 miles west of the east corporate limits, within the corporate limits of said City, and guarantees to reimburse the State Highway Department for fifteen percent (15%) of all costs incurred in the acquisition of such rights-of-way and it is understood that such acquisition will be handled by the Commissioner under established policies and procedures and his decision in all instances shall be final. APPROVED ATTEST: /City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of January, 1968. No. 17940. AN ORDINANCE authorizing and directing the acquisition of certain additional residue land in Lot 21, Section 41, Map No. 2 of East Gate Addition to the City of Roanoke, in connection with the City's acquisition of Parcel 053 of the City's Orange Avenue, N. E.-Route 460 Project, upon certain terms and conditions, to be used for other public purposes; and providing for an emergency. WHEREAS, the City Attorney, having taken steps to acquire from Ivan G. Shockley and others, owners, the land and easement designated and described as Parcel No. 053 on the plans of the City's Orange Avenue, N. E.-Route ~60 Project and further described and directed to be acquired by Ordinance No. 17674 of the Council, has found said owners willing and offering to sell and convey to the City for the additional sum of $148.00 the rest and residue of said owners' lot, the same being further designated as Lot 21, Section 41, Map No. 2 of the East Gate Addition to the City of Roanoke; and WHEREAS, the City Attorney, reporting to the Council that said owners' proposal appears fair and reasonable and that the whole price fixed by said owners is within and somewhat less than the value of said whole lot as recently reported to the City by approved appraisal, recommends that said owners' offer be accepted; and WHEREAS, the additional sum of $148.00 having been appropriated for the purchase of said residue land, an emergency is hereby set forth and declared to exist in order that this Ordinance take effect upen its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the proper City officials be, and are hereby authorized and directed to acquire, for an 055 on behalf of the City, in fee simple from Ivan G. Shockley, and others, for the additional sum of $148.00, cash, all of the rest and residue of Lot 21, Section 41, according to Map No. 2 of the East Gate Addition to the City of Roanoke, containing approximately 3,060 square feet of land and being, together with 920 square feet of land described as Parcel 053 according to the plans of the City's Route 460 Project, all of aforesaid Lot 21, Section 41, as shown on the map of the aforesaid subdivision; and upon delivery to the City of a good and sufficient deed of conveyance, approved as to form by the City Attorney, the City Auditor shall be, and he is hereby authorized and directed to draw and deliver to said City Attorney the City's check or checks in payment of the aforesaid purchase price, the same to be made payable as certified by the City Attorney. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage. APPROVED ATTEST: / City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of January, 1968. No. 17941. AN ORDINANCE to amend and reordain Section =91, "Non-Departmental," 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 =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 Purchase of Land (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. APPROVED MaYor 356 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of January, 1968. No. 17942. AN ORDINANCE awarding a contract for the painting of the interior and exterior of specified public offices and buildings in and/or belonging to the City; and providing for an emergency. WHEREAS, at the meeting of the Council held on January 2, 1968, and after due and proper advertisement therefor, two bids for the painting of the interior and exterior of several of the public offices and buildings, or portions thereof, in and/or belonging to the City, which said bids contained separate bids for the several items hereinafter set out and which also contained lump sum bids provided that the bidder was awarded a contract for the entire work as advertised, were opened and read before the Council, which said bids were thereafter referred by the Council to a committee to tabulate and study the same and to report thereon to the Council; and WHEREAS, said committee has reported to the Council that after a study of the same it appears that the proposal hereinafter accepted represents the lowest and best bid made to the City for the work needed to be done, and said committee has recommended that the said bid be accepted; and WHEREAS, there has been appropriated by the Council sums sufficient to pay the cost of the contract hereinafter authorized to be entered into, and 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 Hundley Painting & Decorating Company for furnishing all labor, tools, equipment and materials necessary for painting the following described offices or buildings or portions thereof, namely: A. Interior Painting at Municipal Building B. Interior Painting at Main Library C. Interior and Exterior Painting at Grandin Court Recreation Center, Complete D. Interior and Exterior Painting at Melrose Avenue Branch Library, Complete E. Interior Painting at Health Center F. Airport Painting as follows: Ail interior and exterior painting at the Terminal Building All interior painting in Building No. 12 Exterior painting of Buildings No. 6, 15 G 16 Alternate Lump Sum Bid: $ 11,337.00 for all of the aforesaid, be, and said bid is hereby ACCEPTED; and that the City Manager be, and he is hereby authorized and directed, for and on behalf of the City, to execute a requisite contract with the aforesaid bidder in accordance with the terms and conditions of this ordinance, said bidder's proposal and the City's specifications made for said work, said contract to be upon such form as is approved by the City Attorney, and the cost to be paid out of funds heretofore or presently being appropriated by the Council for the purpose. BE IT FURTHER ORDAINED that the other bid made to the City for the performance of said work be and said bid 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 FINALLY ORDAI~ED that, an emergency existing, this ordinance be in full force and effect upon its passage. APPROVED ATTEST: ../"City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of January, 1968. No. 17943. AN ORDINANCE, providing for the construction of certain sanitary sewers and drains and the extension of Fercliff Avenue, N. W., outside the corporate limits in the vicinity of Arrow Wood Country Club by the award of a contract therefor, upon certain terms and conditions; rejecting certain other bids; and providing for an emergency. WHEREAS, at the meeting of the Council held on December 4, 1967, and after due and proper advertisement therefor, three (3) bids for the construction of the public improvements hereinafter mentioned were received and were opened and read before the Council and were thereafter referred to a committee for the purpose of tabulation and studying the same and of making a report and recommendation thereo to the Council; and WHEREAS, same committee has made its report to the Council in writing from which it appears that the bid hereinafter accepted is the lowest and best bid received by the City for the performance of the work, that said bid is in proper form and meets the City's specifications required of all bidders and is recommended by the committee to be accepted; and WHEREAS, said committee has further reported to the Council that of the total cost of the contract for public improvements hereinafter provided, Arrow Wood Country Club, Inc., has offered and agreed to pay or reimburse to the City one-half '358 (1/2) of the cost of providing and constructing an extension of Ferncliff Avenue from ttershberger [load, N. W., northerly to the Arrow Wood Country Club Subdivision, the one-half part of said cost being estimated to amount to $8,101.50 but the actual cost thereof to be adjusted and paid on the basis of the unit prices set out in the proposal of the successful bidder; and WHEREAS, there has been appropriated by the Council a sum sufficient to pay the cost of the contract herein authorized to be made by the City and, for the usual daily operation of the municipal government, an emergency is 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 bid of Aaron J. Conner, General Contractor, Inc., to furnish all labor and materialsi! necessary to construct all those certain sanitary sewer lines or mains and storm drains and related structures and an extension of Ferncliff Avenue, N. W., from Hershberger Road, N. W., northerly to the property of the Arrow Wood Country Club Subdivision, in full accordance with the City's specifications made and advertised therefor and bid on by said contractor for the estimated contract price of $45,755.0), based on the unit prices on which said bid was made, be, and said bid is hereby ACCEPTED, subject to the provision that Arrow Wood Country Club, Inc., enter into written agreement with the City to pay or reimburse to the City one-half (1/2) of the total actual cost of the extension of Ferncliff Avenue, N. W., as provided by saia contract, the one-half cost being now estimated to be the sum of $8,101.50, but said sum to be adjusted to be one-half of the final, completed cost of such extension, such agreement to be supported by personal guarantee of Warren T. Wingfield, one of its officials, and by written assignment of certain funds due or to become due said corporation by J. F. Sinclair & Sons, Inc., accepted by said other corporation; and, upon obtaining such assurances of payment, the City Manager and the City Clerk are hereby authorized and directed, for and on behalf of the City, to execute and to seal and attest, respectively, a requisite contract with said bidder upon approval of the City Attorney of the form and provisions thereof. BE IT FURTHER ORDAINED that the' two (2) other bids received by the City for the performance of the aforesaid work be, and said other bids are hereby REJECTED; the City Clerk to so notify each said other, bidder and to express to each one the City's appreciation for said bid. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in full force and effect upon its passage. APPROVED ATTEST: '~ty Clerk Mayor 359 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of January, 1968. No. 17944. AN ORDINANCE amending and reordaining Sec. 6, Chapter 2, Title XIV, of the Code of the City of Roanoke, 1956, as amended, relating to fire prevention and blasting in the City, and the requirements of bond or liability insurance to be supplied by persons applying for permit to conduct blasting operations in the City; and providing for an emergency. WHEREAS, the City Manager has shown reason to the Council for amending the City's requirements made of persons applying for the issuance of permits to conduct blasting operations in the City and, 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 City of Roanoke that Sec. 6, Chapter 2, Title XIV 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. 6. Blasting No person shall blast or carry on any blasting operations within the city without first having obtained a permit. If the proposed blasting is to be performed within the public streets o~ the city, the permit shall be issued by the director of public works. If the proposed blasting is to be performed elsewhere within the city, the permit shall be issued by the building commissioner. No such permit shall be issued by either of said officials until the applicant therefor shall have filed in the office of the city clerk a bond with corporate surety or evidence of public liability insurance issued by a company author- ized to do business in the Commonwealth of Virginia in an amount to be fixed by the city manager upon the recom- mendation of the public official hereinabove authorized to issue the permit and in an amount commensurate with the risk involved; such amount however, to be not less than five thousand dollars nor more than five hundred thousand dollars. The bond or evidence of insurance shall be conditioned for the payment of any damage to persons or property that may result from the blasting operations authorized by the permit. Every precaution shall be taken to prevent material from flying by using heavy timbers for covering or such other means as may be required by the official issuing the permit and all contractors shall be required to explode all blasts by using an electric battery. Any person who shall violate this section shall be fined not less than ten nor more than one hundred dollars for each offense. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage. APPROVED ATTEST: /City clerk Mayor 360 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of January, 1968. No. 17945. A RESOLUTION authorizing and directing the City Manager to execute and file with Federal Aviation Agency requisite requests for Federal Aid to assist the City in accomplishing its proposed Airport Project No. 17 for certain necessary improvements for development of the City's Roanoke Municipal (Woodrum) Airport and, in so doing, to make certain assurances to the United States. WHEREAS, this Council's Airport Committee and the City Manager have recommended to the Council that authority be given to initiate on behalf of the City; as project No. 17, a request for Federal Aid to assist the City in the making of certain necessary improvements to Roanoke Municipal (Woodrum) Airport as herein- after described, the total costs of which are estimated by the committee to amount to the sum of $252,150.00, of which 50 per cent would be paid by the City and 50 per cent would be paid by the Federal government; and WHEREAS, upon consideration of the matter, Council concurs in the aforesaid recommendations, made in writing to the Council under date of January 2, 196~i. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized and directed to forthwith cause to be prepared and, thereafter, to execute and file with the Federal Aviation Agency, on behalf of the City, requisite requests for Federal Aid, under the City's proposed Airport Project No. 17, to assist in providing for the following necessary improvements for development of the City's Roanoke Municipal (Woodrum) Airport, namely: Reconstruct R/W 9, west of R/W 15-33 to become a 75 foot wide taxiway Reconstruct a portion of R/W and T/W 27 east of R/W 15-33 Reconstruction of the north ramp (adjacent to T/W 5-23) Estimated cost $252,150.00 Proposed Federal share - $126,075.00 Proposed City share - $126,075.00 and, in making such application, or applications, to assure the Federal Aviation Agency of the City's ability and intent to provide 50 per cent, of $126,075.00, of the total estimated cost of the above-described project and, further, make all of the assurances to the United States required to be made in the premises by the Federal Airport Act and as contained in Part III of the formal Project Application, FAA Form 1624 (9-64), pages 5 and 6. APPROVED ATTEST: f City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGI~IA, The 8th day of January, 1968. No. 17946. A RESOLUTION proposing certain meetings between the Chairman and members of the Board of Supervisors of Roanoke County and the Mayor and members of the City Council. WHEREAS, this Council is advised of the recent organizational meeting of the newly-elected members of the Board of Supervisors of Roanoke County, and considers the proposal hereinafter contained to be one which would be conducive of better understanding and closer cooperation in matters of public concern affecting the two said governing bodies and the localities and citizens whom they respectively represent. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council doth hereby propose and extend to the Chairman and the other members of the Board of Supervisors of Roanoke County an invitation to meet with the Mayor and the members of the Council of the City of Roanoke at some early, mutually convenient date and place, to be fixed by the aforesaid Chairman and said Mayor, for the purpose of considering and discussing matters of mutual concern and interest affecting Roanoke County and the City of Roanoke and the inhabitants residing therein and their respective governing bodies. BE IT FURTHER RESOLVED that the City Clerk do forthwith transmit to the Honorable Lee B. Eddy, Chairman of the Board of Supervisors of Roanoke County, an attested copy of this resolution. APPROVED ATTEST: . // City Clerk Mayor IN. THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of January, 1968. No. 17947. A RESOLUTION requesting the City's delegation to the 1968 General Assembly of Virginia to introduce and sponsor legislation which would provide for a separate and full-time Circuit Court for the City of Roanoke. WHEREAS, due to post-war growth of the City and to increased population and business and other activities in said City and in other areas within the jurisdiction of the Twentieth Judicial Circuit, the Council deems it desirable and necessary that provision be made that a full-time Circuit Court be authorized to sit in the City of Roanoke. '362 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said City's delegation to the 1968 General Assembly of Virginia be, and are hereby requested to introduce in said General Assembly, and sponsor, requisite legislation which would provide for the City of Roanoke a separate and full-time Circuit Court for the City of Roanoke, to have jurisdiction as heretofore provided for the Circuit Court of the City of Roanoke. BE IT FURTHER RESOLVED that the City Clerk do forthwith transmit to Senator William B. Hopkins, to Delegate Willis M. Anderson, to Delegate M. Caldwell Butler and to Delegate Ray L. Garland, members of the City's delegation to the 1968 General Assembly of Virginia, attested copies of this resolution. APPROVED ATTEST: .,~ /City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of January, 1968. No. 17949. AN ORDINANCE relating to the construction of the public sanitary se~er 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, and on both sides of Woodland Road, S. E., between Plateau Road, S, E,, and the easterly end of Woodland Road, heretofore authorized to be made by Ordinance No. 17776, one-half (1/2) of the total cost of ~hich 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 and of the individual assessment against each said abutting landowner in the Clerk's Office of the Hustings Court of the City of Roanoke; and providing for an emergency. WHEREAS, after public hearings held before the Council, said Council, by its Ordinance No. 17776, authorized and directed the construction of certain sanitary se~er mains and laterals hereinafter described, the total cost of ~hich is to be apportioned equally between the City and the landowners affected and capable of being served by said impr~ement and, further, appointed the Council a committee to ascertain and report, after conducting a public hearing, the proper assessment or apportionment of said costs between the City and said landowners; an WHEREAS, the Council, as a committee, conducted a public hearing on the 15th day of January, 196B, at 2:00 o'clock, p.m., in the Council Chamber, on the question before said committee, which said public hearing was held after publicatio of notice thereof and of the amounts proposed to be so assessed or apportioned, once a week for two successive weeks, the last publication being made at least ten 363 days before said public hearing as provided in Article 2, Chapter 7, Title 15.1 of the 1950 Code of Virginia, as amended, at which hearing all landowners wishing to make objection to said proposed assessments or apportionment of said cost were afforded full opportunity to appear in person or by counsel before said committee and state his or her objection; and WHEREAS, the Council, as a committee, upon conclusion of its public heari~ and upon mature consideration of the matters arising at said public hearing, report to the Council in writing the estimated cost of the aforesaid improvement and the estimated amount or amounts of the individual assessments proposed and recommended to be made against each of the abutting property owners capable of being served by said sewer line, net in excess, in any case, of the peculiar benefits resulting therefrom to any s~ h abutting landowner, apportioning the cost of the aforesaid improvement equally between the City and said abutting owners, said Council committee s aforesaid written report, marked Schedule "A", being 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, and showing by list the name of each said owner, a brief description of the properties to be served by said improvement, and the front foot- age of each of said properties; and WHEREAS, this body, sitting as the Council of the City of Roanoke, has received and concurs in the aforesaid committee report; and WHEREAS, for the usual daily operation ~ the munidpal 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 to the Council by the Council committee heretofore appointed by Ordinanc No. 17776 to ascertain and report to the Council the proper assessment or apportionme t of the total cost of the public sewer mains and laterals heretofore authorized by said ordinance to be constr~ ted on certain portions of Brookside Lane, S. E., and on Woodland Road, S. E., and does hereby APPROVE, RATIFY, CONFIRM and FIX the estimated individual sewer assessments ascertained and reported to the Council as Schedule "A" by said committee, which are as follows, to-wit: ESTIMATED INDIVIDUAL SEWER ASSESSMENT FOR PORTIONS OF BROOKSIDE LANE, S. E. AND WOODLAND ROAD, S. E. Brookside Lane, S. E. - Rosewood Park Map Between Rutrough Road and Woodland Road ~ock 10 - East Side Lot Owner 13 g 14 C. F. Kefauver Malvern Developers, Inc. C. F. Kefauver Block O - West Side 1 Mamie Olekosky Brookside Lane, S. E. - Riverdale Acreage Between Rutrough Road and Woodland Road Front Estimated Footage Assessment 202.74 733.90 103.01 372.88 125.17 453.10 168.67 610.57 364 Woodland Road, S. E. - Rosewood Park Map Between Plateau Road and End Block 9 - Northeast Side Lo__it Front Estimated Owner Footage Assessment 1 Virginia Investment Corp. 338.29 1,224.58 West Pt. 2 Isabelle Frances Webb 138.00 499.55 3 Virginia Investment Corp. 130.00 470.59 4 Guy R. & Irene Y. Wilson 121.66 440.40 5 William T. & Sarah O. Hodges 150.00 542.98 6 Earl W. g Mary Overfelt Dickerson J. E. & Mary E. Hartman 150.00 542.98 7 106.86' 386.82 Block 8 - Southwest Side 2 & 3 C. F. Kefauver 318.80 1,154.02 Block 10 - Southwest Side 17-19 Jack J. and Mary Lucy Hutchens 223.48 808.98 20-21 Lear M Overfelt 150,00 542.98 22 Virginia Investment Corp~ 75.00 271.49 23 James Edward Hartman et ux est 106.86' 386.82 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 hereof in the judgment lien docket in his said office and index the same as provided in Article 2, Chapter 7, of Title 15.1 of the 1950 Code of Virginia, as amen, ded, as being the estimated amounts of the individual sewer assessments hereby made against the individual owners whose names are hereinabove 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 15th day of January, 1968. No. 17950. AN ORDINANCE to amend and reordain Section =25, "Clerk of Courts," of the 1967-68 Appropriation Ordinance, and proving for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =25, "Clerk of Courts," of the 1967-68 Appropriation Ordinance, b~ and the same is hereby, amended and reordained to read as follows, in part: CLERK OF COURTS ~25 Printing and Office Supplies (1) .................. $ 5,010.00 Office Furniture and Equipment - Replacement (2) ................................... 100.00 365 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 ROM OKE, VIRGINIA, The 15th day of January, 1968. No. 17951. AN ORDINANCE providing for the purchase and acquisition of one new I gasoline powered rubber tired front end loader for use of the City's Street Cleaning Department upon certain terms and provisions; rejecting certain bids made to the City; and providing for an emergency. WHEREAS, at the Council's meeting held January 8, 1968, and after proper advertisement had been made therefor, seven (7), bids for the sale and delivery to the City of various rubber tired front end loaders were opened and read before the Council, whereupon all said bids were referred to a committee to be tabulated and ~tudied, with report thereon to be made back to the Council; and WHEREAS, said committee, having heretofore, under date of January 10, 1968, reported in writing to the Council its tabulation of all said bids and that the equipment hereinafter authorized to be ~rchased 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 appropriated to provide for payment of the machine hereinafter authorized to be purchased; and WHEREAS, for the usual daily operation of the municipal government an emergency is deemed to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the bid of Baker Brothers, Incorporated, to furnish, sell and deliver to the City one new Case Model W-7 Front End Loader with gasoline engine, meeting or exceeding the City's specifications made for said equipment, for a net purchase price of $10,464.00, cash, including trade-in by the City of its 1960 model 240 International Tractor Loader Serial No 1269-J to be traded and delivered to said bidder be and said proposal is hereby ACCEPTED; and the City's Purchasing Agent is hereby authoriz~t and directed to issue to Baker Brothers, Incorporated, the City's purchase order for the aforesaid new equipment, incorporating into said purchase order the City s aforesaid specifications, said bidder's proposal, guarantees and warranties, and the ,,'~ provisions of this ordinance-, and upon delivery to the City and said City's 366 authorized to make payment to said supplier of the net sum of $10,464.00, and to transfer and deliver to said supplier the City's old, used tractor loader, offered as trade-in on said new purchase. BE IT FURTHER ORDAINED that the other six (6) 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 shallso 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 ordinmce shall be in force and effect upon its passage. APPROVED ATTE ST: City Clerk ayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of January, 1968. No. 17952. A RESOLUTION approving the plans and specifications made for the construction of a Civic Center for the City of Roanoke, Virginia; directing the City Manager to advertise for bids for the construction of said Civic Center; and providing for a special meeting of the Council, at which time bids for the construction of said project will be publicly opened and read before the Council. BE IT RESOLVED by the Council of the City of Roanoke that the plans and specifications heretofore prepared and submitted to the Council by Associated Architects and Engineers of Roanoke, made for the construction of a Civic Center for the city of Roanoke, be, and said plans and specifications are hereby formally approved. BE IT FURTHER RESOLVED that the City Manager be and is hereby authorized and directed to advertise for bids for the construction of said Civic Center, and in so doing, to provide that sealed proposals for the construction of said facility will be received in the Office of the City Clerk, Room 214, Munici pal Building, Roanoke, Virginia, until 2:00 o'clock, p.m., on February 29, 1968. BE IT FINALLY RESOLVED that a special meeting of the City Council be held on February 29, 1968, at 2:00 o'clock, p.m., in the Council Chamber in the Municipal Building, Roanoke, Virginia, for the purpose of publicly opening and reading aloud all bids received for the construction of said Civic Center. APPROVED ATTE ST: City Clerk Mayor 367 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of January, 1968. No. 17953. A RESOLUTION recognizin9 the public services of the Honorable Roy L. Webber as a member of the School Board of the City of Roanoke. WHEREAS, the Honorable Roy L. Webber has tendered to the Council his resignation as a member of the City's School Board, havin9 been first appointed to such office in September, 1962, and havin9 been reappointed thereto in 1965, and havin9 served as its chairman from July, 1964 until the time of his resignation; and WHEREAS, as a member and as chairman of said School Board he devoted large quantities of his time and energy and of his abilities for leadership, planning and organization in providin§, through said School Board, an efficient operation of the public school system in the City of Roanoke and wise management and use of the public funds made available to said School Board, at all times cooperating with the Council in coordinating operating plans of said School Board with overall planning of the City Council; and WHEREAS, said former member of the School Board has displayed peculiar interest in all phases of the City's public schooi system and in the intemsts of the individuals affected by sai~d school syst~, students, teachers and employees, alike; and has been largely instrumental in introducin~ into the City's school syste~ new methods of teaching, educational television, adult programs of education and special education programs; and has been effective in implementing the Council's program of capital improvements' as the same relates to new or enlarged school buildings in the City. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council formally recognizes the contributions made to the City's public school system by the Honorable Roy L. Webber while serving as a school trustee on the School Board of the City of Roanoke; and does hereby extend to said former school trustee this Council's appreciation for the public services he has rendered while a member of said School Board. BE IT FURTHER RESOLVED that attested copies hereof be transmitted by the City Clerk to the Honorable Roy L. Webber, and to the School Board of the City of Roanoke. ATTE ST: / City Clerk APPROVED Mayor '368 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of January, 1968. No. 17954. AN ORDINANCE authorizing the CKy's acquisition of two (2) parcels of land containing, in the aggregate, approximately 1.11 acre, from the Commonwealth of Virginia, De~ rtment of Highways, upon certain terms and conditions, adjacent to and to be used as a part of the Civic Center site; and providing for an emergency. WHEREAS, the Cit~ having heretofore entered into negotiations with the Virginia Department of Highways to purchase and acquire the land hereinafter described, which is wanted and needed by the City as a part of the site for the proposed Civic Center, the City Manager has reported to the Council receipt of proposal from said Department of Highways that an appraisal made of the value of said land has determined its value to be $33,846.00 for the approximate 1.11 acre of land so needed to be acquired; and the City Manager has recommended that offer be made to so acquire said land; and WHEREAS, funds sufficient to pay the purchase price herein provided having been heretofore appropriated for the purpose, and the City proposing to award a contract at an early date for construction of said Civ:~c Center, an emergency is hereby set forth and declared to exist in order that ~ is ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that said City of Roanoke do hereby offer to purchase and acquire from the Commonwealth of Virginia, Department of Highways, for a purchase price of $33,846.00, cash, upon delivery to the City of a good and sufficient deed of con~:-~ance, in fee simple, all those two (2) certain strips or parcels of land situate in the City of Roar~ke and containing, in the aggregate, approximately 1.i1 acre, lying along the westerly a,nd northerly sides of the City of Roanoke's Coliseum-Auditorium (Civic C'enter) property, Tract A being a triangular-shaped parcel of approximately 0.17 acre, bounded on the west by Interstate Spur Route 581, on the east by the City of Ro a~oke's existing 22.5 acre Civic Center property, the northerly limit being approximately 142.5 feet south of the centerline of the Walker Avenue underpass to said Interstate 5B1 and the southerly limit being approximately opposite the southwest corner of Lot 20-A, Commonwealth Redevelopment Project VA-7-1; and Tract B being an irregularly shaped ;parcel of approximately 0.93 acre, bounded on the north and west by Interstate Spur Route 581, on the south and east by the Ci~ of Roanoke's Civic Center property, the southerly limit of which is located approximately 307 feet north of the cente~n, of the Walker Avenue underpass to said Interstate Route and the easterly boundary~. of which is Parcel 19 as shown on the map of Commonwealth Redevelopment Project VA-7-1, both aforesaid tracts being generally shown in red on a certain copy of Preliminary Drawings, Coliseum-AUditorium For Roanoke, Virgin~, Coliseum-Auditorium Associates, dated September 23, 1966, but a metes and bounds description of said land 369 to be contained in deed of conveyance; and, upon delivery to the City by said Virginia Department of Highways of 8 goOd and sufficient deed, approved as to form by the City Attorney, the City Auditor be, and he is hereby authorized and directed to issue and deliver to said City Attorney for transmittal to the Commonwealth of Virginia, Department of Highways, the City's check in the sum of $33,846.00, in payment of the purchase price therefor. BE IT FURTHER ORDAINED that a copy of this ordinance be transmitted to the Virginia Department of Highways by the City Manager as evidence of the offer herein contained; and that, an emergency existing, this ordinance be in force and effect upon its passage. ATTE ST: / City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of January, 1968. No. 17955. AN ORDINANCE to amend and reordain Section ~87, "Street Construction," of the 1967-68 Appropriation Ofdinance, and'providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~87, "Street Construction," of the 1967-68 Appropriation Ordinmce, be, and the same is hereby, amended and reordained to read as follows, in part: STREET CONSTRUCTION ~87 Supplies and Materials - Construction (1) ................................... $106,203.00 (1) Net increase ........ $16,203.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTE ST: I City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of January, 1968. No. 17956. 37O WHEREAS, for the usual daily operation ~tke MuniCipal Government of the City of Roanoke, an emergency is declared to exist,. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~88, "Sewer and Drain Construction," of the 1967-68 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SEWER AND DRAIN CONSTRUCTION Supplies and Materials - Construction (1) ........................... $ 73,552.00 (1) Net increase $29,552.00 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 22nd day of January, 1968. No. 17948. 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. 275, Sectional 1966 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have that property located on the south side of Woodleigh Road, N. W., and on the east side of West Side Boulevard, N. W., described as Lots 1 and 2, Block 2, Panorama Court, Official Tax Nos. 2751301 and 2751302, and Lots 12, 13 and 14, Block 2, Panorama Court, Official Tax Nos. 2751312, 2751313 and 2751314, rezoned from RD, Duplex Residential District, to RG, 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, 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 15th day of January, 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 371 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. 275 of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz.: Property located on the.south side of Woodleigh Road, N. W., and on the east side of West Side Boulevard, N. W., described as Lots 1, 2, 12, 13 and 14, Block 2, Panorama Court, designated on Sheet 275 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax Nos. 2751301, 2751302, 2751312, 2751313 and 2751314, be, and is hereby, changed from RD, Duplex Residential District, to RG, General Residential District, and that Sheet No. 275 of the aforesaid map be changed in this respect. APPROVED ATTEST: "/City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of January, 1968. No. 17957. A RESOLUTION authorizing the City Manager to approve five (5) 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 an existing water main of the City, have made application to the City to have their premises 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 located in the street on which the properties abut outside the City's corporate limits, of the four (4) premises or locations on Greencliffe Road, S. W. and one (1) location on Ashmeade Drive, S. W., namely: 372 (a) 3478 Greencliffe Road, S. W., designated Lot 1, Block 8, Section 2, according to the Map of Georgetown Park; (b) 3458 Greencliffe Road, S. W., designated Lot 4, Block 8, Section 2, according to the Map of Georgetown Park; (c) 3438 Greencliffe Road, S. W., designated Lot 7, Block 8., Section 2, according to the Map of Georgetown Park; (d) 3404 Greencliffe Road, S. W., designated Lot 2, Block 8, Section 2, according to the Map of Georgetown Park; and (e) 3455 Ashmeade Drive, S. W., designated Lot 13, Block 8, Section 2, 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 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 ATT EST: / City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of January, 1968. No. 17958. 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 application to the Council for consideration, recommending that said water connec- tion 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 12-inch water distribution system located in the street on which the property abuts, outside the City's corporate limits, the premises located at 3404 Brandon Avenue, S, W,, such connection to be 373 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 ATT EST: /City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of January, 1968. No. 17959. AN ORDINANCE relating to the acquisition of the properties designated as Parcels 068 and 078 in Ordinance No. 17663, relating to the City's Orange Avenue, N. E., Route 460 Project 0460-128-102, RW-201, and providing for the purchase prices to be paid for said parcels; and providing for an emergency. WHEREAS, the properties hereinafter described, being wanted and needed by the City for construction of its Orange Avenue, N. E., Route 460 Project, were directed to be acquired by the City upon certain terms and conditions set out and contained in Ordinance No. 17663 and for the specific prices stated in said ordinance; and WHEREAS, having been unable to acquire said properties by purchase for the amounts heretofore provided, condemnation proceedings have been instituted a~ainst each said property and its owner, during the course of which and with reasonable justification it has been recommended to the Council that authority be given to offer and pay, in each said case, the increased price or consideration hereinafter set out, the owners of the respective parcels of land being willing to accept the same and thereafter to convey to the City the rights in land so needed to be acquired; and WHEREAS, additional funds in the total sum of $71.00 have been appro- priated by the Council for the purposes herein provided, and, for the usual daily operation of the municipal government an emergency is declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City do proceed to acquire from the owners thereof, whose names are set out opposite 374 each of the two following described parcels of land, numbered with reference to the plans of the City's Orange Avenue, N. E., Route 460 Project and for the total h cash price or consideration set out opposite each said parcel, all of the following:!! Parcel 068, from Ernest T. Frith Estate, owner, for .................. Parcel 078, from Ernest T. Frith Estate, owner, for .................. 50.00 $100.00 and the City Auditor be, and he is hereby authorized and directed, upon request of the City Attorney, to draw and deliver to said City Attorney checks in payment of the aforesaid purchase prices, which said checks may be made payable into Court or to the respective landowners or persons certified by the City Attorney to be entitled thereto. BE IT FURTHER ORDAINED that so much of the provisions of Ordinance No. 17663, adopted August 7, 1967, as provide for the purchase prices to be paid for Parcels 068 and 078 hereinabove mentioned, be, and are amended to the extent provided in this ordinance and, further, that, an emergency existing, this ordinance be in force and effect upon its passage. APPROVED ATT EST: · /City Clerk Mayor IN THE COUNGIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of January, 1968. No. 17960. A RESOLUTION authorizing the acceptance of a certain award'made by commissioners in condemnation proceedings brought for the acquisition of Parcel 083 being acquired for the City's U. S. Route 460-Orange Avenue, N. E., Project. WHEREAS, the Council having heretofore directed by Ordinance No. 17674 the acquiSition by condemnation of the parcel of land hereinafter described, needed for the construction of the City's U. S. Route 460 Project, and authorized the payment of a certain sum 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 th'elf report to the Court in said proceedings, fixing as the amount of compensation and damages to'be paid by the City for said parcel a sum $342.00 in excess of the amount heretofore authorized to be paid into Court as the City's offer 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 375 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 the following described property needed for the City's U. S. Route 460 Project 0460-128-102, 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 for the additional sum hereinafter set out opposite the property description and the name of said property's former owner, in payment of the additional sum necessary to meet said award of commissioner 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 the condemnation proceedings therein pending involving said property, namely: Property Name of Owner Additional Sum Parcel 083 ATTEST: / /City Clerk Robert L. Short APPROVED $342.00, cash Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of January, 1968. No. 17961. AN ORDINANCE providing for the acquisition of five (5) parcels of land on Orange Avenue, N. E., as residue parts of certain parcels needed for the U. S. Route 460-Orange Avenue, N. E., Project, upon certain terms and provisions; and providing for an emergency. WHEREAS, the Council, by Ordinance No. 17674 heretofore adopted, directed the City's acquisition of certain lands and easements described in said ordinance as Parcel Nos. 018, 024, 034, 047 and 075 needed and wanted by the City for the purposes of its U. S. Route 460-Orange Avenue, N. E., Project, and provided in said ordinance for certain prices to be offered to be paid therefor; and WHEREAS, it appears impracticable to acquire the parts of the several properties described by parcel numbers, aforesaid, although the entire of the five lots concerned may be acquired for the additional prices hereinafter provided, all of which are within the values established for said lots by appraisals made for the purpose of the aforesaid highway project; and 376 WHEREAS, sums sufficient to pay for the aggregate of the additional purchase prices, namely, $1590.00, 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 immediatel 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, for and on behalf of the City of Roanoke, to negotiate for and offer and enter into agreement to acquire for the City of Roanoke for the purpose of its highway project as set out in Ordinance No. 17674, Parcel Nos. 018, 024, 034, 047 and 075 as set out in said ordinance for the sums provided as the purchase price for each said parcel and, in so doing, to acquire the residue lands of each said parcel for other purposes of the City, for the additional sums as hereinafter set out, namely: (a) The approximate 3820 square foot residue of a portion of Lot 10, Block 40, East Gate Addition Map, Official No. 3221110, of which Parcel 018, aforesaid, is a part, for the additional sum of ................ (b) The approximate 4470 square foot residue of Lot 16, Block 40, East Gate Addition Map, Official No. 3221116, of which Parcel 024, aforesaid, is a part, for the addi- tional sum of ............................ (c) The approximate 5060 square foot residue of a portion of Lot 33, Block 40, East Gate Addition Map, Official No. 3221133, of which Parcel 034, aforesaid, is a part, for the additional sum of .................... (d) The approximate 2800 square foot residue of a part of Lot 14, Block 41, East Gate Addition Map, Official No. 3221214, of which Parcel 047, aforesaid, is a part, for the additional sum of ................ (e) The approximate 4140 square foot residue of a portion of Lot 24, Block 20, Jackson Park Map, Official No. 3330111, of which Parcel 075, aforesaid, is a part, for the additional sum of ........................ $248. O0 $291.00 $276. O0 $231.00, and $542.00; and the City Auditor is hereby authorized and directed, upon request of the City Attorney and certification by him of the party entitled to payment of the aforesaid sums, to issue the City's check or checks for the sum or sums hereinabove set out, together with its check or checks for the sums heretofore authorized to be paid by Ordinance No. 17674 for Parcels 018, 024, 034, 047 and 075, aforesaid. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage. APPROVED ATT EST: / /City Clerk 377 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of January, 1968. No. 17962. AN ORDINANCE providing for the acquisition of certain land needed and wanted by the City for street purposes as an access-way or an addition to Thrasher Park, upon certain terms and provisions; and providing for an emergency. WHEREAS, the lot or parcel of land hereinafter described is wanted and needed by the City for use as an access-way or an addition to Thrasher Park in the northeast section of the City, and a sum sufficient to pay the purchase price hereinafter provided has been appropriated by the Council for the purpose; and WHEREAS, for the usual daily operation of the municipal government an emergency is hereby set forth and declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the proper City officials be, and are hereby authorized and directed to acquire for the City of Roanoke, in fee simple, to be used as an access-way to or an extension of Thrasher Park, that certain lot or parcel of land known and described as Lot 15, Block 13, according to the Map of Jackson Park, being Official No. 3330313 as shown on the City's Tax Appraisal Map, and, in so doing, to offer and agree on behalf of the City to pay to the owner of the title thereto the sum of $150.00, cash, upon delivery to the City of a deed or grant of the fee simple title to said property, approved as to form by the City Attorney, the same to be thereafter recorded in the Clerk's Office of the Hustings Court of the City of Roanoke. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage. ATT EST: z. City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of January, 1968. No. 17963. AN ORDINANCE providing for the acquisition of a certain strip or parcel of land wanted and needed by the City for the widening and improvement of Brookside Lane, S. E., upon certain terms and provisions; and providing for an emergency. WHEREAS, the strip or parcel of land hereinafter described is wanted and needed by the City for use in the widening and improvement of Brookside Lane, S.E., and a sum sufficient to pay the purchase price hereinafter provided has been appropriated by the Council for the purpose; and 37'8 WHEREAS, for the usual daily operation of the municipal government an emergency is hereby set forth and declared to exist in 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 are hereby authorized and directed to acquire for the City of Roanoke, in fee simple, to be used for the widening and improvement of Brookside Lane, S. E., that certain strip or parcel of land approximately 400 feet in length situate on the west side of Brookside Lane, S. E., and being a northerly part of Lot 1, Block 12, as shown on the Map of Rosewood Park, and being further shown as Official No. 4450105 on the City's Tax Appraisal Map, and, in so doing, to offer and agree on behalf of the City to pay to the owner of the title thereto the sum of $100.00, cash, upon delivery to the City of a deed or grant of the fee simple title to said property, approved as to form by the City Attorney, the same to be thereafter recorded in the Clerk's Office of the Hustings Court of the City of Roanoke. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage. APPROVED ATTEST; IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of January, 1968. No.. 17964. AN ORDINANCE to amend and reordain Section ~75, "Recreation, Parks and Recreational Areas," and Section =91, "Non-Departmental," 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 Section ~75, "Recreation, Parks and Recreational Areas," and Section ~91, "Non- Departmental," of the 1967-68 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: RECREATION, PARKS AND RECREATIONAL AREAS ~75 Purchase of Land (1) ................................... $ 150.00 NON-DEPARTMENTAL Purchase of Land (9) ................................... $ 2,090.00 (1) Net increase $ 150.00 (2) Net increase 1,590.00 "379 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall " be in, effect from its passage, . APPROVED ATT'EST: ity Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of January, 1968. No. 17965. AN ORDINANCE creating a District Health Department within and coinciding with the boundaries of the City of Roanoke, pursuant to Sec. 32-40.2 of the 1950 Code of Virginia, as amended, to be operated by the State Department of Health; providing an effective date for this ordinance; and providing for an emergency. WHEREAS, for the usual daily operation of the municipal government and of the City's Department of Health, 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 there be and is hereby created a District Health Department within the City of Roanoke, pursuant to Sec. 32-40.2 of the 1950 Code of Virginia, as amended, the boundaries of such District Health Department to coincide with the corporate limits of said City as said boundaries may now and hereafter exist. BE IT FURTHER ORDAINED that the District Health Department herein created shall be operated by the State Department of Health of the Commonwealth of Virginia pursuant to the laws and ordinances applicable thereto. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance shall be in force and effect on and after March 1, 1968. APPROVED ATT EST: I City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of January 1968. No. 17966. AN ORDINANCE to amend and reordain Section =30, "HEALTH DEPARTMENT", Section ~36, "CITY PHYSICIAN", Section :~66, "MARKET" and Section ~70, "FLY, MOSQUITO AND RODENT CONTROL", and to add a new Section ~'31, "HEALTH DEPARTMENT", of the 1967-68 Appropriation Ordinance and providing for an emergency. 380 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~30, "HEALTH DEPARTMENT", Section ~36, "CITY PHYSICIAIN", Section =66, "MARKET" and Section ~70, "FLY, MOSQUITO AND RODENT CONTROL", of the 1967-68 Appropriation Ordinance be, and the same are hereby, amended and reordained to read as follows, in part: SECTION =30 - HEALTH DEPARTMENT Commissioner William H. Keeler, MD Bacteriologist Frederick J. Wishart Administrative Assistant Joseph C. Brown Superintendent - Nursing Helen H. Killinger Environmental Health Chief Lamon A. Huff Social Worker Sanitarian Sanitarzan Sanitarian Sanitarzan Sanitarian Sanitarian Sanitarian Sanitarian Sanitarzan Sanitarxan Sanitarian Laboratory Technician Laboratory Technician Laboratory Technician Public Health Nurse Public Health Nurse Public Health Nurse Public Health Nurse Public Health Nurse Public Health Nurse Public Health Nurse Public Health Nurse Public Health Nurse Public Health Nurse Public Health Nurse Public Hea'lth Nurse Public Health Nurse Public Health Nurse Clerk-Typist II Clerk-Stenographer III Clerk-Typist I Clerk-Typist II Clerk-Typist I Clerk-Typist I Clerk-Typist I Clerk-Stenographer II Clerk-Stenographer I Clerk-Stenographer I Clerk-Typist I Clerk-Stenographer I Clerk-Typist II Clerk-Typist I X-Ray Technician Dental Assistant Janitor Laboratory Aide Clinic Helper Maid Public Health Nurse Supv. Home Health Aide Home Health Aide Anna L. McClung Frank L. Showalter Herman' J. Pate Theo E. Williams Luther J. Light Jimmie L. Minnix James W. Batten Roy D. Smith Billy L. Pugh Kermit H. Arnold Joseph B. Kennerly Garland L. Hudson LaVerne W. Brown' Nancy A. Chitwood Janie M. Tuck Byrd F. Nappier Ann R. Cassell Lou A. Wilson Kathleen V. Marshall Catherine M. Edmundson Joyce C. Morrison JoAnn B. Radford Laura B. Pickard Annette L. Cook Lillie M. Brown Mary A. Rose Elizabeth C. Morrison Sara C. Burnish Martha L. Vaught Helen L. Walker Virginia 'T. Leech Betty C. Brizendine Myrtle E. White Frances P. Ingram Helen H. Peters Betty J. Keen Frances W. Doss Janice B. Moore Ruth P. Mason Donna D. Deitt Sharon M. Harris Carol L. Huddleston Margaret P. Thomas Anna M. Peters Heloise J. Downing Willie F. Mc6~e Robert E. Priest Hannah C. Roseborough Audrey B. Bradburn Elizabeth G. Nelson Emma E. Haynes Evelyn L. Clements $ 11,550.00 5. 661.6O 5. 124.00 5. 661.6O 5. 661.6O 4 552.80 3. 998.40 3 998.40 3 844.34 3 813.60 3 813.60 3 612. O0 3 591. O0 3,570. O0 3,366.97 3,998.40 2,083.20 3,813.60 3 712.80 3 691.80 4 200.00 4 200.00 4 200..00 4 200 O0 4 200 O0 3 882 90 3 906 00 3 906 O0 3 906 00 3 813 60 3 352 94 4 653 6'0 3 583 94 3 67O 8O 3 276 00 3 813 60 2,452 80 3 276 00 1 523 17 2 570 40 2 167 20 3 257 10 2 678 17 2 .688 O0 2 379 2 653 64 2 956 80 2 167 20 2 956 80 2 491.94 2 167 20 2 570 40 2 312 77 2 410 80 4 653 60 2 242 80 , 2 , 160 00 Total Personal Services - Health Department 206,621.85 Wages Special Payments Utilities Communicat ions Travel Expense and Education Insurance Rentals Dues, MembershiPs and Subscriptions Maintenance of Machinery and Equipment Automobile Allowance Printing and Office Supplies Food, Medical and Housekeeping Supplies Operating Supplies and Materials 840.00 31,620 O0 5,400 00 2,760 O0 1,800 O0 b00 00 2,04000 420 O0 75O 00 10,692 00 4,200 O0 5,400 00 6,000 O0 180 O0 381 SECTION ~36 - CITY PHYSICIAN Social Aide B Phblic Health Nurse A Public Health Nurse B Public Health Nurse B Clerk-Typist B Clerk-Typist B Clerk-Typist B Virginia D. Yates Joyce N. Sheets Kathryn B. Kennerly Hilda F. Larson Cecelia R. Brown Edith C. Keller Betty G. Bowles $ 4 116 00 3 360 O0 3 712 80 3 796 80 1 146 60 1 037 80 2 , 805 60 Total Personal Services - City Physician 19,975.60 Wages Special Payments Contractual Services Supplies and Materials Equipment Travel 960.00 12,000.00 600.00 39,600.00 1,920.00 ltl0.00 Total City Physician 75,235.60 SECTION ~66 - MARKET Rentals 1,500.00 SECTION =70 - FLY, MOSQUITO AND RODENT CONTROL Pest Control Worker Robert F. Janney Pest Control W~ker Abraham Traynham, Sr. 2,956.80 ._2 ,B50 . 37 Total Personal Services - Fly, Mosquito g Rodent Control 5,807.17 Motor Fuel and Lubricants 48.00 Totai Fly, Mosquito and Rodent Control . 5,855.17 BE IT FURTHER ORDAINED that the 1967-68 Appropriation Ordinance be, and the same is hereby, amended and reordained to add a new Section ~31, "HEALTH DEPARTMENT" as follows: SECTION ~31 - HEALTH DEPARTMENT Public Health Officer B Public Health Laboratory Supervisor a Accountant B Superintendent - Nursing Sanitation Superv~or A Social Service Aide C Sanitarian Sanitarzan Sanitarian Sanitarian Sanitarian Sanitarian Sanitarxan Sanitarzan Sanitarian Sanitarian Sanitarian Laboratory Technician B Laboratory:Specialist A Laboratory Technician B Public Health Nurse B Public Health Nurse B Public Health Nurse B Public Health Nurse B Public Health Nurse B Public Health Nurse A Public Health Nurse TR Public Health Nurse B Public Health Nurse A Public Health Nurse A Public Health Nurse TR Public Health Nurse B Public Health Nurse a Public Health Nurse A Clerk-Typist B Clerk-Stenographer C Clerk-Typist B Clerk-Typist B Frederick J. Wishart Joseph C. Brown Helen H. Killinfler Lamon A. Huff Anna L. McClung Frank L. Showalter Herman J. Pate Theo E. Williams Luther J. Light Jimmie L. Minnix James W. Batten Roy D. Smith Billy L. Pugh Kermit H. Arnold Joseph B. Kennerly Garland L. Hudson Laverne W. Brown Nancy A. Chitwood Janie M. Tuck Byrd F. Nappier Ann R. Cassell Lou A. Wilson Kathleen V. Marshall Catherine M. Edmundson Joyce C. Morrison Joann B. Radford Laura B. Pickard Annette L. Cook Lillie M. Brown Mary A. Rose Elizabeth C. Morrison Julia M. Thompson Martha L. Vaught Helen L. Walker ¥ir9inia T. Leech Betty C. Brizendine Myrtle E. White 5,716.64 2,928.00 2 68O O0 2 928 O0 2 928 O0 2 240 O0 2 ldd O0 2 144 O0 2 144 O0 2 144 O0 2 144 O0 2 048 O0 2 O48 O0 2 048 O0 1 .960 O0 2 048 O0 1 960 O0 1 880 00 1.960 00 1 88O O0 2 240 O0 2 240 00 2 240 00 2 240 00 2 240 00 1 960 00 1 800 00 · 2 144 O0 1 96O 00 1.960 00 1 800 O0 2 046 64 1B40 O0 1 960 O0 1 560 O0 1 816 0O 1 240 O0 1 56000 382 Clerk-Typist A Clerk-Typist A Clerk-Typist A Clerk-Stenographer B Clerk-Stenographer B Clerk-Stenographer B Clerk-Typist B Clerk-Stenographer B Clerk-Typist B Clerk-Typist A Frances P. In0ram Helen H. Peters Betty J. Keen Frances~ W. Doss Janice B. Moore Ruth. P. Mason Donna D. Deitt Sharon M. Harris Carol L. Huddleston Margaret P. Thomas Gen'l X-Ray Technician A Anna M. Peters Dental Assistant Janitor B Laboratory Aide B Laboratory Aide A Maid B Public Health Nurse C Home Health Aide Home Health Aide Clinic Director Social Aide B Public Health Nurse A Public Health Nurse B Public Health Nurse B Clerk-Typist B Clerk-Typist B Clerk-Typist B Pest Control Worker Pest Control Worker Heloise J. Downing Willie F. McGbe Robert E. Priest Hannah C. Roseborough Audrey B. Bradburn Elizabeth G. Nelson Vacant Evelyn L. Clements Vacant Virginia D. Yates Joyce N. Sheets Kathryn B. Kennerly Hilda F. Larson Cecelia R. Brown Edith C. Keller Betty G. Bowles Abraham Traynham, Sr. Robert E, Janney Total Personal Services - Health Department Wages Special Payments Contractual Services Supplies and Maintenance Equipment Rent Insurance Travel Total Health Less 55% Paid by the Commonwealth 104 00 248 O0 104 O0 568 00 376 00 376 00 152 O0 376 00 44O O0 104 00 440 O0 200 00 056 O0 248 00 104 00 960 00 448 O0 152 O0 104 00 225 O0 048 O0 800 O0 240 00 240 00 248 O0 104 O0 248 O0 376 O0 1~440 O0 127,356.2B 1,150.00 36,666 66 5,333 33 26,082 80 33 33 13,500 O0 66 64 7~140 O0 217,329.04 119,530.97 Total $.97,798.07 BE IT FINALLY ORDAINED that, an emergency existing, this Ordinance shall be in fall force and effect from its passage. ATTE ST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of January, t96B. No. 17967. AN ORDINANCE accepting certain bids for the supply to the City of certain traffic paint and glass traffic beads for use of tM City's Street Signs and Marking. Department, and authorizing the issuance of purchase orders therefor; rejecting certain other bids; and providing for an emergency. 383 WHEREAS, at the meeting of the Council held on January.15, 1968, and after due and proper advertisement had been made therefor, certain bids for the supply to the City of the traffic paint and glass traffic beads hereinafter mentione, were opened and read before the Council and, thereafter, were referred to a committe, 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 it s tabulation of all said bids from which report it appears that the bids hereinafter mentioned were the lowest and best bids made to the City for the supply of the aforesaid materials, and should be accepted, funds sufficient to pay for the purchase prices of said materials having been appropriated by the Council for the purposes; 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 Baltimore Paint and Chemical Corporation for the supply to the City, f.o.b. koanoke, of: 2,820 gals. of Yellow Traffic Paint, No. 43, @ $1.57 per gal., or $4,427.40 1,260 gals. of White Traffic Paint, No. 42, @ $1.61 per gal., or $2,028.60, and 750 gals. of Chlorinated Rubber, White Traffic Paint @ $2.35 per gal., or $1,762.50, all of said prices, nS, f.o.b. Roanoke, be, and said bid is hereby ACCEPTED; and that the bid of The Sherwin Williams Company to furnish and supply to the City, f.o.b. Roanoke; 26,500 lbs. of Glass Traffic Beads @ $0.099 per lb. or $2,623.50, net, be, and said bid is hereby ACCEPTED; and the City's Purchasing Agent be, and he is hereby authorized and directed to issue the City's requisite purchase orders to the aforesaid suppliers in accordance with the aforesaid proposals, the City's specifications made for the supply of said materials and the provisions of this ordinance. BE IT FURTHER ORDAINED that all other bids made to the City ibr the supply of the aforesaid materials 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 appreciat~n of said bids. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in full force and effect upon its passage. ATTE ST: APPROVED Mayor 384 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of January, 1968. No. 17968. AN ORDINANCE providing for the demolition of the City's Welfare Buildi~ and School Administration Building by accepting a certain bid made ~ the City; providing for the award of a contract for the performance of said work; upon certain terms and conditions; and providing for an emergency. WHEREAS, at the meeting of the Council held January 15, 1968, and after due and proper advertisement had been made therefor, five (5) bids for the demolitio of the City's Welfare Building and School Administration Building were received, opened and read before the Council, whereupon allsaid bids were referred to a committee for tabulation and study and report back to the Council; and WHEREAS, said committee has reported that upon a study of said bids it appears that the proposal hereinafter authorized represents the lowest and best bid made to the City for the performance of said work and should be accepted, and funds sufficient to pay the contract price hereinafter authorized have heretofore been appropriated by the Council for the purpose; and WHEREAS, for the usual daily operation of the mun~ipal 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 B & B Construction Company to furnish all labor, tools and materials for demolishing the City's Welfare Building and School Administration Building, and related work, in full accordance with the City's specifications made for said work, for the sum of $19,300.00, cash, be and said bid is hereby ACCEPTED; 2. That the City Manager be, and is hereby authorized and directed to enter into requisite contract with the aforesaid successful bidder providing for the proper performance of the aforesaid work, to be done in accordance with the City's specifications and requirements advertised therefor, and the provisions of this ordinance, and after said contractor has obtained all necessary permits for the performance of said work and has furnished W the City proof of adequate public liability insurance approved bY the City Manager and posted such bond as is require by the City Manager'to assure prompt and satisfactory performance of the aforesaid work; and 3. That, upon satisfactory performance by B g B Construction Company of its contract to remove the abovedescribed buildings, the City Auditor be, and he is hereby authorized and directed to pay said B & B Construction Company the full sum of $19,300.00, cash, in payment of the aforesaid contract price, chaMing said payment to the Council's appropriation heretofore made for the purpose. 4. That the four other bids ~ceived by the City for the performance of the aforesaid work be, and said other bids are hereby REJECTED; the City Clerk to sc notify each said other bidder and to express to each one the City's appreciation 385 BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be ~ force and effect upon its passage. APPROVED ATTE ST: / City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of January, 1968. No. 17970, AN ORDINANCE providing for the construction of certain public sewer mains and laterals to serve portions of Brookside Lane, S. E., and Woodland Road, S. E., in the City of Roanoke; awarding a contract therefor; rejecting certain other bids made for the performance of said work; and providing for an emergency. WHEREAS, at a meeting of the Council held December 11, 1967, certain bids for the constrmtion of certain public sewer mains and laterals to serve portions of Brookside Lane, S. E., and Woodland Road, S. E., were received and opened and read before the Council and, thereafter, were referred to a committee for the purpose of tabulating and studying the same and making written report thereon to the Council, and WHEREAS, said committee has reported to the Council in writing a tabulati6 of all said bids from which tabulation and by said committee's report it appears that the bid of Draper Construction Company, based upon the unit prices controlling all said bids, amounts to the sum of $19,762.30 and is the lowest and best bid made for the performance of said work, and should be accepted; and WHEREAS, funds heretofore appropriated and funds being contemporaneously appropriated for the purpose are sufficient to pay the cost of the contract hereinafter authorized to ~ entered Mto and, for the usual daily operation of the municipal government, and for the immediate preservation of the public health and 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 as follows 1. That the written proposal of Draper Construction Company to furnish and construct for the City certain public sanitary sewer mains and laterals to serve portions of Brookside Lane, S. E., and Woodland Road, S. E., for certain unit prices set out in said proposal and amounting, in the aggregate, to the sum of $19,7~ and in full accordance with the City's plans and specifications made therefor, be, and said proposal is hereby ACCEPTED; and the City Manager and the City Clerk be and they are hereby authorized and directed to execute on behalf of the City and with sa Dr q a er Construction Company, a requisite construction contract in the premises, upon the form contained in the City's specifications and approved by the City Attorney, 2.30, 386 taking from said contractor a proper performance and payment bond as required by la~; and 2. That the three other proposals made to the City for the performance of the aforesaid work be, and said proposals 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 cost of the contract herein awarded, when and as payment of the same becomes due be paid out of funds appropriated by the Council for sa~id purpose. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in full force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of January, lP68. No. 17971. A RESOLUTION approving the installation of three (3) five-hour parking meters at certain street locations in the City of Roanoke. WHEREAS, the City Manager has, pursuant to Section 87, Chapter 1, Title XVIII of the Code of the City of Roanoke, 1956, notified the Council in writing of the proposed addition of certain parking meters on a certain public street of the City and has requested of the Council its prior approval of said addition. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council doth approve the following proposal of the City Manager made to the Council in writing under date of January 15, 1966, namely: That three (3) five-hour parking meters be installed on the south side of Wells Avenue, N. E., between Jefferson Street and the garage belonging to the Hotel Roanoke, in a space recently occupied by a crossover, now removed. ATTE ST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OE ROANOKE, VIRGINIA, The 22nd day of January, 1968. No. 17972 A RESOLUTION expressing appreciation to Dr. William H. Keeler for h~ services rendered the City as its Commissioner of Health. WHEREAS, William H. Keeler, M. D., formerly Commissioner of Health of the City of Roanoke, has recently tendered his resignation from that position,to accept appointment to the position of Director of the Northeastern Regional Office of the Illinois Department of Public Health; and WHEREAS, Dr. Keeler, has, from the time of his initial employment on November 4, 1963, as Commissioner of Health, until his resignation on January 15, 1968, provided devoted and talented leadership of the City's Health Department and in the administration and promotion of the City's Public Health program. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that ~is Council extends to Dr. William H. Keeler, on behalf of the citizens of the City, this Council's and said citizens appreciation for the conscientious and meritorious services rendered to the City and the citizens of this community by said former Commissioner of Health; and best wishes in his new position of employment. BE IT FURTHER RESOLVED that the City Clerk transmit an attested copy of this resolution to the City's former Commissioner of Health, Dr. William H. Keeler. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of January, 1968. No. 17969. AN ORDINANCE amending and reordaining Sec. 20. Proration, of Article I, Chapter 8, Title VI, Taxation, of the Code of the City of Roanoke, 1956, as amended making provision for the proration of certain license taxes imposed in said Chapter and the circumstances under and the time within which proration may be made. WHEREAS, a committee appointed by the Council having recommended certain changes in the provisions contained in The License Tax Code of the City of Roanoke, 1956., as amended, as related to proration of certain license taxes imposed in said License Tax Code and the Council, upon consideration of the committee's proposal, having concurred in such recommendations. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec. 20, of Article I, Chapter 8, Title VI. Taxation, of the Code of the City of Roanoke, 1956, as amended, be and said section is hereby amended and reordained 388 ~.ec. 20. Proration. Unless otherwise expressly provided in this chapter, all licenses shall be deemed to be issued for the current tax year, that is, from January first through December thirty-first, next following, and no license tax imposed by this chapter or by any subsequent amendment hereto shall, upon issuance, be subject to proration for any proration for any portion of a license year unless it be herein provided to the contrary or unless such proration be required of localities by the' general law. When, subsequent to the issuance of any license imposed by this chapter, the tax on which is measured by gross receipts, purchases, sales or any other basis set out and provided for in section 10 of this chapter, the business, trade, profession, pursuit, vocation or calling so licensed is permanently, for any reason; discontinued and ceases, upon surrender of the license so 'issued and upon timely written application made therefor the amount of the license tax assessed on such license for the then current tax year shall be apportioned and prorated by the Commissioner on an annual basis as of the date upon which such business permanently ceased or discontinued, and that part of the license tax apportioned to the part of the year following such discontinuance or cessation shall be abated and, if theretofore paid to the City, shall be refunded to the licensee or other party entitled thereto, provided: (1) That the licensee, his authorized agent or representative, shall have surrendered to the Commissioner the business license theretofore issued and applicable to the location, business, trade, occupation, profession, pursuit or calling so discontinued; (2) That writtea application be made to the Com- missioner within the tax year for which any such license was issued by or on behalf of the licensee, on forms prescribed by the City Auditor; (3) That the licensee, his authorized agent or representative affirms, under oath, that the business, trade, occupation, profession, pursuit or calling shall not be prosecuted again during the then current tax year in any manner whatsoever, whether as a new business or as an outgrowth or continuation of such business under a new name or as a result of corporate, partnership or other type of reorganization at the same location, or at a new location; and (4) No refund of any part of a license tax previously assessed shall be made under this section if, upon such proration, less than $10.00 of such license tax would be subject to abatement. Proration of license taxes as provided in this section shall be computed by the Commissioner according to the ratio which the number of months, or parts thereof, such business, trade, occupation, profession, or calling was not prosecuted during the current tax year bears to twelve months. Nothing contained in this section shall be deemed to amend, modify or repeal any provision contained, in Ordinance No. 14293 regulating and requiring special license for the privilege of conducting 'Fire and Altered Good Sales' and 'Going Out of Business Sales' as defined in said ordinance. The provisions of this section providing for the pro- ration, abatement and refund of certain license taxes assessed under the provisions of this chapter shall not apply to any license tax assessed for any license tax year prior to January 1, 1968. APPROVED ATT EST: / City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of January, 1968. No. 17976. AN ORDINANCE to amend and reordain Section ~40000, "Schools-Library and Instructional Materials," 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 =40000, "Schools-Library and Instructional Materials," of the 1967-68 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS-LIBRARY AND INSTRUCTIONAL MATERIALS =40000 Supplies (1) (2) ................................... $ 30,310.40 (1) Net increase $30,310.4t) (2) 100% reimbursed by federal government BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATT EST: / City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of January, 1968. No. 17977. AN ORDINANCE to amend and reordain Section ~12000, "Schools-Improvements and Betterments," and Section ~7000, "Schools-Maintenance of Plant and Equipment," 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," and Section ~7000, "Schools- Maintenance of Plant and Equipment," of the 1967-68 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: SCHOOLS-IMPROVEMENTS AND BETTERMENTS =12000 Instructional Equipment (1) ............................. $ 79,467.50 390 SCHOOLS-MAINTENANCE OF PLANT AND EQUIPMENT ~'7000 Office Furniture and Equipment (2) ...................... $ 1,171.00 Operation Equipment (3) ................................. 32,409.51 (1) Net decrease ...... (2) Net increase- (3) Net increase $1,423.50 115.00 2,617.00 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 29th day of January, 1968. No. 17978. AN ORDINANCE to amend and reordain Section =56, "Engineering," 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 =56, "Engineering," of the 1967-68 Appropriation Ordinance, be,. and the same is hereby, amended and reordained to read as follows, in part: ENGINEERING ~56 Fees for Professional and Special Services (1) ............ $ 7,750.00 (1) Net increase $1,750.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATT EST: Cfty Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of January, 1968. No. 17979. 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. 391 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 Rentals (1) .......................................... $ 12,500.00 (1) Net increase ........ $10,000.00 BE IT FURTHER ORD~IINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: - ' fCi-y Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of January, 1968. No. 17980. AN ORDINANCE to amend and reordain Section =62, "Snow and Ice Removal," 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 =62, "Snow and Ice Removal," of the 1967-68 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SNOW AND ICE REMOVAL g62 Operating Supplies and Materials (1) ...................... $31,170.00 (1) Net increase .... $11,170.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATT EST: *'dty Clerk APPROVED Mayor Property, IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of January, 1968. No. 17981. AN ORDINANCE to amend and reordain Section =64, "Maintenance of City "of the 1967-68 Appropriation Ordinance, and providing for an emergency, '392 WHEREAS, for the usual daily operation of the Municipal Government of 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 Buildings and Property ...................... $274,810.04 Market--- $26,550. O0 Remodel Bowles Bake Shop (1) $9,000.00 (1) Net increase .... $4,500.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of January, 1968,. No. 17982. AN ORDINANCE authorizing the employment of engineering services to conduct studies and prepare plans for the necessary relocation or reconstruction of public sanitary sewer mains affected by the proposed improvement of Orange Avenue from Interstate 581 to 12th Street, N. E.; providing for payment of the cost of such services; and providing for an emergency. WHEREAS, the City Manager has advised the Council of the necessity of employing additional engineering services to make studies and prepare plans for certain sanitary sewer line reconstruction and relocation hereinafter described; and has recommended that he be authorized to enter into the contract 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 take effect upon its passage. THEREFORE, BE IT.ORDAINED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized to enter into written agreement of employment with Hayes, Seay, Mattern and Mattern, Architects and Engineers, to conduct studies and develop plans for necessary relocation and/or reconstruction of existing sanitary sewer lines affected by the proposed widening of Orange Avenue between Interstate ~581 and 12th Street, N. E., incorporating said plans into 393 construction contract documents prepared for the Orange Avenue Diversion Sewer; said engineers to be compensated for their services by payment of a fee equal to two and one-quarter (2-1/4) times their payroll costs in performing said services, the same not to exceed the sum of $4,500.00. 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 January, 1968. No. 17983. AN ORDINANCE to amend and reordain Section =56, "Engineering," 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 ~56, "Engineering," of the 1967-68 Appropriation Ordinance, be, and the same is h~reby, amended and reordained to read as follows, in part: ENGINEERING ~56 Fees for Professional and Special Services (1) ............ $ 12,270.00i (1) Net increase $4,500.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATT EST: / · '/City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of January, 1968. No. 17984. A RESOLUTION approving a report and certain recommendations of the City Manager made to the Council under date of January 29, 1968, with respect to certain proposed access roads to a 9.88 acre industrial site to be purchased by The Macke Company; stating the Council's intent with respect to providing proper means of 394 access to said property; incorporating said report into this resolution, by reference; and providing for transmittal of an attested copy hereof to The Macke Company. WHEREAS, the City Manager has made to the Council a report in writing under date of January 29; 1968, setting out in detail certain proposals, understand- ings and recommendations with respect to providing proper road access to that certain 9.88 acre parcel of land to be purchased from the City by The Macke Company for said Company's development and use as an industrial site for the business operations of said Company, all of which said report the Council has read and considered, and in which the Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council doth hereby adopt for the Council and approve, ratify and confirm the report and recommendations made to the Council by the City Manager under date of January 29, 1968, on the subject of the 9.88 acre parcel of land made the subject of a purchase option recently given The Macke Company by the City and of the manner of providing proper access roadways thereto; and said report is hereby incorporated, by reference, into this resolution. BE IT FURTHER RESOLVED that, The Macke Company purchasing, developing and using said 9.88 acre tract of land as the location and base of its business operations, the Council doth hereby affirm and declare that it is the intent of the Council that the City will use all reasonable means to have initiated and approved for construction the proposed new industrial access road set out and described in the paragraphs contained in Part I of the aforesaid report of January 29, 1968; that Rockland Avenue, N. W., shall be used temporarily as an access road to the aforesaid 9.88 acre site, as described in Part II of the aforesaid report, and pending the construction of the proposed new industrial access road referred to in Part I, abovementioned, should a project for the construction of said industrial access road be finally authorized and let to contract; and that if the proposed new industrial access road described in Part I, aforesaid, not be under construction by January 1, 1970, the City will, in order to prevent the extended use of Rockland Avenue, N. W., as provided in Part II of said report, open and place under construction by January 1, 1970, Marlian Avenue, N. W., from 10th Street, N. W., to Court Street, N. W., or other equally reasonable access, as described in Part III of the City Manager's said report. BE IT FURTHER RESOLVED that the City Manager be, and he is hereby authorized to transmit to The Macke Company an attested copy of this resolution. APPROVED ATTEST: / /City Clerk Mayor o95 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of January, 1968. No. 17985. AN ORDINANCE providing for the City's leasing of approximately 5.10 acres of land to be used for the disposal of certain solid waste materials, upon certain terms and provisions; and providing for an emergency. WHEREAS, the City Manager has advised the Council of the necessity to make provision for an area within which to deposit and dispose of solid waste materials, generated as refuse, debris and other forms of non-usable solids other than garbage and trash normally collected by the City's refuse trucks and vehicles, and said City Manager has further advised the Council of the willingness of the property owner hereinafter named to lease to the City for such purposes the property hereinafter described, on a month-to-month basis and upon other terms and provisions contained in a certain written lease offered to the City by said propert owner drawn under date of January 15, 1968, a copy of which is on file in the Office of the City Clerk; and WHEREAS, for the usual daily operation of the municipal government and 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 City Manager be, and he is hereby authorized and directed to enter into and execute, for and on behalf of the City of Roanoke, that certain written lease agreement drawn under date of January 15, 1968, pursuant to which Roanoke Hauling and Rigging Corporation, as owner, would lease unto the City of Roanoke, on a month-to-month basis but not to extend beyond January 15, 1973, a certain 5.10 acre northeasterly portion of a certain 8.0 acre parcel of land described as Official No. 3231701 owned by said Roanoke Hauling and Rigging Corporation and situate in the City of Roanoke, the considerat.ion for said lease to be the nominal sum of One Dollar, ($1.00), and the mutual benefits anticipated to accrue to each of the parties thereto, and either party to have the right to terminate said lease agreement upon any date by giving to the other party written notice of its desire or election to so terminate the same not less than ninety (90) days prior to the date upon which such termination is to be effective, said lease to contain and embrace all terms, covenants, provisions and conditions set out in paragraphs numbered 1 through 9, inclusive, as are contained in the form of said lease on file in the Office of the City Clerk, as aforesaid, all of which said terms, covenants, provisions and conditions are hereby expressly approved and confirmed. HE IT FURTHER ORDAINED that, upon execution of the lease as aforesaid and upon the City's entering into possession of the said 5.10 acre parcel of land 396 for the use set out in said lease, the City Manager shall take proper action and steps to assure that the property so leased by the City be held, operated and used by said City be held, operated and used by said City in accordance with the terms, covenants, provisions and conditions set out in said lease, and not otherwise, in order that the full purpose and intent of said lease agreement be realized, and that the City's use of said property enure, equally, to both said parties. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage. ATT ES T: / City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of January, 1968. No. 17986. A RESOLUTION approving the Commonwealth's Attorney's employment of a part-time Assistant Commonwealth's Attorney, at an annual salary rate of $7,000.00. WHEREAS, this Council is advised that the Compensation Board of the Commonwealth of Virginia has approved a request of the Commonwealth's Attorney that he be allowed to employ as of January 15, 1968, as a part-time Assistant Common- wealth's Attorney the attorney hereinafter named, to be compensated at an annual rate as hereinafter provided, in which action of the Compensation Board this Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council doth hereby approve and concur in the employment by the Commonwealth's Attorney for the City of Roanoke of James H. Fulghum, Jr., Esquire, as a part-time Assistant Commonwealth's Attorney for said City, effective as of January 15, 1968, said part-time assistant to be compensated at an annual rate of $7,000.00. BE IT FURTHER RESOLVED that the City Clerk transmit attested copies of this resolution to the Chairman and to the Clerk of the State Compensation Board and to the Commonwealth's Attorney for the City of Roanoke. APPROVED ATT EST: City Clerk 397 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of January, 1968. No. 17987. A RESOLUTION rejecting all bids received for certain improvements to the City's Falling Creek Filter Plant; and directing the City Manager to take proper action to accomplish the provision of a new pump, the renewal of two chlorinators and certain related work at said Filter Plant. WHEREAS, at the regular meeting of the Council held on December 18, 1967, and after due and proper advertisement had been made therefor, six (6) bids for performing certain improvements to the City's Falling Creek Filter Plant were opened and read before the Council, whereupon all said bids were referred to a committee for tabulation and study and for recommendation to be made thereon to the Council; and WHEREAS, said committee has reported to the Council in writing its tabulation of said bids, from which and upon said committee's report it appears that all said bids exceed funds currently set aside for said project; and the said committee has, therefore, recommended that all said bids be rejected and that the City Manager be authorized to take proper action to accomplish the provision of a new pump, the renewal of two chlorinators and certain related work at said Filter Plant, in which recommendations the Council concurs. NOW, THEREFORE, BE IT RESOLVED that the six (6) bids heretofore received by the City on December 18, 1967, for certain improvements to the City's Falling Creek Filter Plant 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. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to take proper action to accomplish or cause to be accomplished the provision of a new house water pump, the renewal of two chlorinators and certain other related work as set out as recommended work in the aforesaid committee report made to the Council under date of January 22, 1968. APPROVED ATTEST: ty Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of January, 1968. No. 17988. A RESOLUTION calling upon the City's representatives in the 1968 Session of the General Assembly of Virginia to introduce legislation providing that the 398 wanton, willful or intentional destruction of private and/or public property of the value of $50.00 or more shall constitute a felony. WHEREAS, this Council is concerned with the increasing incidence of malicious vandalism resulting in damage and destruction of property, both public and private, and deems it to be in the best interest of the citizens of the Commonwealth and of the cities, counties and towns therein that the offense of wanton, willful or malicious destruction of property, whether public or private, be discouraged by appropriate criminal classification, and provision for punishment. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council doth call upon those representatives of the City in attendance at the 1968 Session of the General Assembly of virginia to introduce amendatory legislation which would provide, in effect, that the wanton, willful, intentional and/or malicious damage or destruction of private and/or public property of the value of $50.00, or more, constitutes a felony, and punishable accordingly. BE IT FURTHER RESOLVED that the City Clerk forthwith send attested copies of this Resolution to Senator William B. Hopkins, Delegate Willis M. Anderson, Delegate M. Caldwell Butler and Delegate Ray L. Garland, the City's representatives in the 1968 General Assembly of Virginia. A P P R 0 ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of February, 1968. No. 17973. 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. 307 and 308, Sectional 1966 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have that certain property located between Lukens Street and Courtland Road, N. E., parallel to Noble Avenue and Sycamore Avenue, Blocks H, G and L, Map of Williamson Groves, being Official Tax Numbers 3070203 - 3070215, inclusive, 3070221 - 3070233, inclusive, 308051B - 30B0530, inclusive, 3080503 - 3080515, inclusive, 3080417 - 3080426, inclusive, and 3080402 - 3080411, inclusive, rezoned from IDM, Industrial Development District, and that portion of Block L, being Official Tax Numbers 3070216 - 307021B, inclusive, and 3070234 - 3070236, inclusive rezoned from RD, Duplex Residential District, to C-2, General Commercial District; and WHEREAS, the City Planning Commission has recommended that the hereinafte described land be rezoned from IDM, Industrial [l~elopment District, and RD, D.nl~w R~d~nti~] District_ to I,M. [,iaht Manufacturinc District: and WHEREAS, the written notice and the posted sign required to be published and posted, 'respectively, by Section 71, Chapter 4.1, Title XV, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, have been published and posted as required and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the 29th day of January, 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 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, relating to Zoning, and Sheets Nos. 307 and 308 of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz.: Property located between Lukens Street and Courtland Road, N. E.,' parallel to Noble Avenue and Sycamore Avenue, Blocks H, G and L, Map of Williamson Groves, designated on Sheets Nos. 307 and 308 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax Numbers 3070203 - 3070215, inclusive, 3070221 - 3070233, inclusive, 3080518 - 3080530, inclusive, 3080503 - 3080515, inclusive, 3080417 - 3080426, inclusive, and 3080402 - 3080411, inclusive, be, and is hereby, changed from IDM, Industrial Development District, to LM, Light Manufacturing District, and that property located in Block L, Williamson Groves, designated on Sheet No. 307 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax Numbers 307021~ 3070218, inclusive, and 3070234 - 3070236, inclusive, be, and is hereby, changed from RD, Duplex Residential District, to LM, Light Manufacturing District, and that Sheets Nos. 307 and 308 of the aforesaid map be changed in this respect. APPROVED ATT EST: ' y Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of February, 1968. No. 17974. AN ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, and Sheet No. 142, Sectional 1966 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have the west 2.30 acre portion of land of a 5.14 acre tract of land located on the south side of Roanoke Avenue, S. W., west of Byrne Street, described as Section 3, Block 19, Roanoke Development Company, and designated as Official Tax 4o0 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 posted sign required by Title XV, Chapter 4.1, Section 71, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, have been published and posted as required and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the 29th day of January, 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 presented, is of the 9pinion that the hereinafter described land should be rezoned., THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, and Sheet No. 142 of the Sectional 1966 Zone Map, City of Roanoke, be amended and reenacted in the following particular and no other, viz.: Property located on the south side of Roanoke,Avenue, S. W., west of Byrne Street, and more particularly described as: Beginning at an iron at the intersection of the south side of Roanoke Street, S. W., with the'east side of Byrne Street, S. W.; thence-with the east line of Byrne Street, S30-44E 304.75 feet to an'iron; thence with the north side of Mountain View Terrace, S. W., S80-42E 100.0 feet to an iron; thence S75-24E 100.0 feet to'an iron; thence S70-03E 100.0 feet to an iron, corner to S. A. Lovette 1.52 acre tract; thence with the llne of Lovette ~rop~rty N21-579 212.45 feet to an iron; thence with a new division line through the Coy and Elva B. Bowling ~prQperty N68-44W 107.7 feet t6 an irCn; thence with another new line N1427W 110.3 feet to an iron on the south side of ROanoke Street, S. W.; thence with the line of Roanoke Street, S. W., S75-33W 27.1 feet to a point; thence with the arc of a circle to the right whose radius is 572.96 feet, an arc distance of 200.00 feet to a point; thence still with Roanoke Street, S. W., N84-27W 172.9 feet to the Beginning, and con- taining 2.30 acres and being as shown on map made by T. P. Parker, C. E., dated October 13, 1967; and Being the west 2.30 acre portion of land of a 5.14 acre tract of land located on the south side of Roanoke Avenue, S. W., west of Byrne Street, described as Section 3, Block 19, Roanoke Development Company, being a portion of the property designated by Roanoke City Official Tax No. 1421502. and being designated~on Sheet i42 of the Sectional 1966 Zone Map as Official Tax No. 1421502, be, and is hereby, changed from'RD, Duplex Residential District, to RG-1, General Residential District, and that Sheet No. 142 of the aforesaid map be changed in this respect. ' A P P R OV'ED ATTEST 'Mayor 401 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of February, 1968. No. 17975. 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. 216, 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 northeastern fifty feet of property located on Broad Street and Greenlawn Avenue, N. W., described as portions of Lots 7 and 8, Section 2, Williamson! Court Map, and designated as Official Tax No. 2161012, rezoned from RG-1, 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-1, General Residential District, to C-2, General Commercial District; and WHEREAS, the written notice and posted sign required by Title XV, Chapter 4.1, Section 71, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, have been published and posted as required and for the time provided by said section; and WHEREAS, the hearing as provided for-in said notice was held on the 29th day of January, 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 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, relating to Zoning, and Sheet No. 216 of the Sectional 1966 Zone Map, City of Roanoke, be amended and reenacted in the following particular and no other, viz.: Property located at Broad Street and Greenlawn Avenue, N. W., and more particularly described as follows: Being the northeastern 50 feet of the property located on Broad Street and Greenlawn Avenue, N. W., described as portions of Lots 7 and 8, Section 2, Williamson Court Map, being a portion of the property designated by Roanoke City Official Tax No. 2161012. and being designated on Sheet 216 of the Sectional 1966 Zone Map as Official Tax No. 2161012, be, and is hereby, changed from RG-1, General Residential District, to C-2, General Commercial District, and that Sheet No. 216 of the aforesaid map be changed in this respect. ATTEST: / .~ City Clerk APPROVED Mayor 402 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The Sth day of February, 1968. No. 17989. 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 OROAINED by the Council of the City of Roanoke that Section =85, "Electoral Board," of the 1967-68 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: ELECTORAL BOARD =85 Personal Services (1) ............................... $ 20,078.00 Fees for Professional and Special Services (2) ........................................ 13,025.00 Printing and Office Supplies (3) .................... 4,000.00 (1) Net increase $3,000.00 (2) Net decrease- 1,000.00 (3) Net decrease .................. 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 5th day of February, 1968. No. 17990. 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 lie 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 Attorney 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 description of which are given with the name of each record owner, as follows: Record Owner (s) George Theodore Allen Description Lot 14, Block 33, Map of Deanwood, Official No. 3040615 J. A. hrrington Lot 3, Block 29, Map of Hyde 403 Clarence N. & Nettie Banks R. L. & Marguerite Dudley R. L. & Marguerite Dudley R. L. & Marguerite Dudley Cynthia J. Felner Rebbecca Garrett, S. B. Pace, W. C. Turner C. D. Huffman Maudie Ruth Huntsman, et als Mary K. Holland, et als ~ Squire J. Keeling R. A. Mays B. O. Martin M. H. & Nina L. Riddle Vester B. Walker, Benjamin A. Law, Jr., et als J. C. Cathy G Charles ~ S. Q. Barnes ATTEST: City Clerk APPROVED Westerly 1/2 of Lot 13, Thomas Map, Official No. 3022204 Lot 8, Block 24, Grandin Court Annex, Official No. 147O2O9 Lot 8-A, Block 24, Map of Creston-Hartland Eststes, Official No. 1470209 Lot 8-B, Map of Creston- Hartland Estates, Off~ial No. 1470227 Lot 4, Block 31, Map of East Gate, Official No. 3220304 Lot 3, Block il-A, Map of Westview, Official No. 1311003 Lot 5, Block 2, Map of Oak Ridge, OffiCial No. 4112405 Lot 3, Block 16, Map of Jackson Park, Official No. 333O216 Lot 21, Block 19, Map of Rogers, Fairfax and Houston, Official No. 201O13O Lot 15, Block 74, Map of Melrose Land Company, Official No. 2332115 Lot 28, Block 8, Map of Lilly View Land Company, Section 2, Official No. 3211O27 Lot 3, Map of C. R. Clark, Official No. 4290230 Easterly part of Lot 401, Block 4, Map of Roanoke Land and Improvement Company, Official No, 3O20876 Lot 19, Block 14, Map of East Side Land Company, Official No. 4110804 Mayor '404 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The Sth day of February, 1968. No. 17992 A RESOLUTION recommending and urging the initiation of a project to provide industrial access from lOth Street, N, W., to a new, expanding three-state regional headquarters center for a certain food commissary and distribution establishment; setting out the need therefor; making provision for furnishing the necessary right-of-way therefor and for the adjustment of utilities; and assuring the City's future maintenance of said new street, WHEREAS, The Macke Company, a corporation engaged in business as a food commissary and distribution establishment, has recently acquired in the City of Roanoke an approximate lO-acre tract of Undeveloped land situate northwest of lOth Street. N. W.. adjoining the southwest right-of-way line of Interstate Spur 581, on which site said company will construct a new three-state regional headquarters from which to conduct its bm-iness operations in said region, its new facilites being expected to exceed, in cost, the sum of $500,000.00 and to be the headquarters for employment of approximately 150 persons; and WHEREAS, there is adjacent to the aforesaid site a substantial quantity of other similar land equally suitable for industrial and commercial development, which other land is thought to be available for such purposes provided adequate means of access and necessary utilties and public services and.facilities are made available to said property; and WHEREAS, the nature of the business operations of The ~lacke Company involves the use of substantial numbers of heavy motor vehicles as well as numerous smaller vehicles, all of which result in a present traffic of some seven hundred vehicle trips per work day generated by such operations; and WHEREAS, existing accessways to said new site are inadequate and unsuitable for the type and quantity of vehicular traffic which will be occasioned by the opening of the regional headquarters of said company for business operations, the existing streets leading to said site having been desigr~ed for residential subdivisions; and WHEREAS, §33-136.1 of the 1950 Code of Virginia, as amended, provides legislative authority for the use of certain public funds by the State Highway Commission for constructing or improving access roads to commercial and industrial sites on which manufacturing, processing or other establishments are or will be con- structed. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council. having duly considered the matter, respectfully urges and recommends to the Highway Commission of Virg.inia that consideration be given, that immediate studi be made. and that a project be approved and initiated pursuant to the provisions of ~33-136.1 of the 1950 Code of Virginia, as amended, to provide a needed industrial access from 10th Street, N. W., to The Macke Company regional headquarters site located northwest of lOth Street, N. W., in said City, on which said site is to be constructed a new three-state regional headquarters facility for said company's food commissary and distribution business, and near which site additional commercial and industrial establishments may become located. BE IT FURTHER RESOLVED that this Council, in making the within request and recommendation, doth hereby assure and guarantee to the aforesaid Commission that the City will, if such project be approved and initiated, provide for the purpose of the project adequate rights-of-way and the adjustment of existing utilities which might be affected by said project, the cost of such rights-of-way and adjustment of utilties to be paid for by the City from its General Funds available for appropriation by the Council for the purpose; and that the City will, after construction of said new accessway, assume the proper maintenance of said new street or road. BE IT FURTHER RESOLVED that the City Manager forthwith transmit attested copies of this resolution, together with appropriate supporting data, to the members of the Highway Commission of Virginia through regular channels established for the purpose. ATT EST: ity Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRCINIA, The 12th day of February, 1968. No. 17991. AN ORDINANCE granting revocable, non-transferable authority to Pure Oil Division of Union Oil Company of California to maintain a certain canopy on premises located at 3832 Williamson Road, N. W., known as an easterly part of Lots 1 and 2, Block 1, Map of Shady Lawn Subdivision, Official No. 2161313, encroaching on a planned major arterial highway right-of-way and over an established building setback line, upon certain terms and conditions. WHEREAS, Pure Oil Division of Union Oil Company of California, occupant of the property or premises hereinafter described, has requested that it be permitted to maintain a certain canopy over its gasoline [)amps on said property, the roof of which canopy will overhang and encroach into the right-of-way heretofore planned 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, and other portions of which said canopy and said Company's gasoline pumps and pump island are and would continue to be permitted, under certain conditions, to encroach into the 25-foot wide setback area established on the west side of said planned major arterial highway; and upon consideration of e request and pursu, ant to the authority vested in local governing bodies by Chapter 10, Title 15.1 of the 1950 Cod of Virginia, as amended, this Council is agreeable to said owner's proposal and is willing to permit the encroachment over and in said areas upon the terms and conditions herein contained. THEREFORE, BE IT ORDAINED by the Council of the City o~ Roanoke that permission be and is hereby granted Pure Oil Division of Union oii Company of California, occupant of the premises located at 3832 Williamson ~oad, N. W., known as an easterly part of Lots 1 and 2, Block 1, Map of shady Lawn Subdivision, Official No. 21b1313, to temporarily maintain as an encroachment a certain canopy over its gasoline pumps and pump island located on said property, the roof of which said canopy shall extend not more than 5 feet into the area planned and approved as the right-of-way for a major arterial highway, namely, ~illiamson Road, and to be n closer than 12 feet to the ground level over such right-of-way; the major portion of said canopy and its supporting columns and certain gasoline pumps and a pump island to be located within the 25-foot wide building setback area established for said major arterial highway; ali such construction to be maintained with approved and permitted building materials and to be properly construe:ted and safely main- tained at the expense of said occupant, 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 §15.1-376 of the 1950 Code of Virginia, abovementioned, and the permit herein ~granted to be non-transferable and revocable at the will of the City Council, it to be agreed by said permittee as evidenced by its execution of an attested copy of this ordinance, that said permittee consents hereto and agrees to indemnify and save harmless the City of Roanoke of and from all claims for injuries or damages to persons or property that may in any manner arise by reason of such encroachment; that, upon notice of revocation of the 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 all said encroaching canopy at no cost whatever to the City; and that said permittee agrees 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 publi, agency for the cost of said canopy, or its removal. BE IT FURTHER ORDAINED that the provisions of th is ordinance shall not become fully effective until such time as a written permit shall have been , the aforesaid occupant or its duly issued by the City s Building Commission to authorized contractor or representative, permitting the aforesa~ 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/or the 407 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. APPROVED ATTEST: City Clerk Mayor 1968: ACCEPTED and EXECUTED by the undersigned this day of (Seal) Attest: UNION OIL COMPANY OF CALIFORNIA, PURE OIL DIVISION, By IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of February, 1968. No. 17994. A RESOLUTION providing for the appointment of five freeholders, any three of whom may act, as viewers in connection with the application of Club View Corporation and Roanoke Distributing Company, Inc., to permanently vacate, discontinue and close (1) the southerly 150 feet of a 12-foot alley running north and south through Block 56, West End a~ River View Map, from Rorer Avenue to Patterson Avenue, and (2) the westerly 200 feet of the 12-foot alley running west from Twenty-third Street through Block 56, West End and River View Map, to the aforesaid 12-foot alley running north and south through said block. WHEREAS, it appearing to the Council of the City of Roanoke, Virginia, upon the application of Club View Corporation and Roanoke Distributing Company, Inc., that said petitioners did on February 1, 1968, duly and legally publish, as required by ~15.1-364 of the Code of Virginia (1950), as amended, a notice of their application to the Council of the City of Roanoke, Virginia, to close the hereinafter described portions of alleys, the publication of which was had by posting a copy of the notice on the front door of the courthouse in the City of Roanoke, Virginia (Campbell Avenue entrance), at the Market House (Campbell Avenue entrance) and at 311 Second Street, S. E., as provided by the aforesaid section of the Virginia Code, as amended, all of which is verified by an affidavit of the City Sergeant appended to the application addressed to the Council requesting that the hereinafter described portions of alleys be permanently vacated, discontinued and 408 WHEREAS, it appearing to the Council that more than ten~ys have elapsed since the publication of such proper legal notice, and the Council having considered said application to permanently vacate, discontinue and close the hereinafter described portions of alleys; and WHEREAS, the applicants have requested that five viewers, any three of whom may act, be appointed to view said portions of alleys herein sought to be permanently vacated, discontinued and closed and report in writing, as required by §15.1-364 of the Code of Virginia, as amended. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, Virginia, that Messrs. Harold W. Harris, Jr., William T. Wallace, J. Harry McBroom, Jr., J. Tate McBroom and Dewey H. Marshall, any three of whom may act, be, and they hereby are, appointed as viewers to view the following described portions of alleys 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 vacating, discontinuing and closing the same, namely: (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 Patterson Avenue through Block 56, West End and River View Map; thence with the east line of said alley in a northerly direction, 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 Roano~ 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 s~therly 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 across 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; ~ence 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 pgragraph (1) hereinabove, being also the southwest 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 t hn)ugh Block 56, West End and River View Map. APPROVED Mayor 409 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of February, 1968. No. 17995. AN ORDINANCE to amend and reordain Section ~27,. "Juvenile Detention Home," 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 =27, "Juvenile Detention Home," of the 1967-68 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: JUVENILE DETENTION HOME ~27 Other Equipment - Replacement (1) (2) ............. $ 426.00 (1) Net increase- $180.00 (2) 100% reimbursable by State 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 12th day of February, 1968. No. 17996. AN ORDI~ NCE to amend and reordain Section ~89, "Capital," and Section ~56, "Engineering," 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," and Section =56, "Engineering," of the 1967-68 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: CAPITAL =89 Modify Piedmont Hangar - Airport (1) .................................... $ 74,100.00 ENGINEERING =56 Fees for Professional and Spedial Services (2) ........................... $ 13,170.00 (1) Net decrease ......... $900.00 (2) Net increase 900.00 410 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 ATTE ST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of February, 196B. No. 17997. AN ORDINANCE authorizing the acquisition of a strip of land 25 feet in width and approximately 78.60 feet in length, necessary for the widening of Whitney Avenue, N. W., upon certain terms and conditions; and providing for an emergency. WHEREAS, for the purpose of widening and improving a portion of Whitney Avenue, N. W., it is necessary that the City acquire the title to the land hereinafter described; and the City Manager has reported that the owner of said land has offered and agreed to convey the same to the City on the terms hereinafter provided; 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 the written offer of Mrs. Hazel L. Boothe, widow, made under date of January 26, 196B, to sell and convey to the City a certain strip of land 25 feet in ~idth and approximately 78.60 feet in length, situate on the present south line of Whitney Avenue, N. W., and being the northwesterly 25 feet of a certain lot owned by said party and designated Lot No. 2200204 on the Tax Appraisal Map of t~ City of Roanoke, upon the terms and conditions hereinafter provided, be, and said offer is accepted; and that, upon certification by the City. Attorney of the title to the land to be so acquired, and upon delivery tO the City of a good and sufficient deed of conveyance approved as to form by the City Attorney and conveying to the City the fee simple title to the abovedescribed land, the City Auditor be, and he is hereby authorized and directed to issue and deliver to said City Attorney the City' che~k in the sum of $250.00, payable to Mrs. Hazel L. Boothe, or to whomsoever is certified by the City Attorney to be entitled to such payment, in full settlement of the cash consideration stated in the aforesaid offer, the aforesaid deed of conveyance to contain provision that, as a part of the agreed consideration for said conveyance, the City will, upon its widening and improvement of that portion of Ihitney Avenue, cause to be constructed adjacent to the aforesaid new property .... ~ o.a ~,,**or nf ~tandard specifications, the same to be installed withou 411 BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage. APPROVED AT T E ST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of February, 1968, No. 17999. A RESOLUTION accepting a report of commissioners made in condemnation proceedings brought to acquire Parcel 070 of the City's Orange Avenue, N. E., Route 460 Project, authorized to be instituted by Ordinance No, 17674. WHEREAS, the Council having heretofore directed by Ordinance No. 17674 the acquisition by condemnation of the parcel of land hereinafter described, needed for the construction of the City's U. S. Route 460 Project, and authorized the payment of a certs'in sum 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 procedings brought to acquire said property for the City having, on February 6, 1968, 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 a sum $413.00 in excess of the amount heretofore authorized to be paid into Court as the City's offer for said prope~y; 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 ti Council authorize the acceptance of 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 commissioner in condemnation proceedings brought and conducted in the Court of Law and Chancery of the City of Roanoke to acquire for the City the following described property needed for the City's U. S. Route 460 Project 0460-12B-102, RW-201, and said Council doth hereby authorize and direct the City Auditor to draw anddeliver to the City Attorney the City's check for the additional sum hereinafter set out oppos~e the property description and the name of said property's former owner, in payment of the additional sum necessary to meet said award of commissioners, the same to be paid into the Court of Law and Chancery of the City ~ Roanoke or as otherwise 412 involving said property, namely: Property Name of Owner Parcel 070 Charlie T~ Overstreet A P P R 0 V E D ATTEST: / City Clerk Additional Sum $413.00, cash Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of February, 1968. No. lB000. AN ORDINANCE providino for the auquisition in fee simple of a 52.63 acre parcel of land situate on the south side of Hershberoer Road, N. W., necessary for municipal airport purposes, and of a perpetual easement for certain public sanitary sewer purposes in land adjacent to said tract of land; providi no for execution by the City of a certain deed of conveyance; and providin0 for an emeroency, WHEREAS, subsequent to the institution of condemnation proc eaJings directed to be brought by Ordinance No. 17652, further ne0otiations held between the City and the owners of the 52.63 acre parcel of land described in said ordinance have resulted in aoreement of said owners to sell and convey said land, and, also, the sanitary sewer easement mentioned in said ordinance, for the sum and upon the terms hereinafter provided; and the Council deems it to the best interests of the City that the City agree to acquire said land and easement by ~rchase, and dismiss the pendin0 condemnation proceedings; and WHEREAS, funds sufficient to pay the purchase price now agreed upon between the parties and the residual damaoes claimed by said owners and, in addition, an amount heretofore agreed upon as rental for the City's use of a portion of said 52.63 acres has been appropriated by the Council for the purpose, and 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 said City doth hereby accept the offer of The First National Exchan0e Bank of Viroinia, et al, and others, contained and set out in a certain deed prepared under date of February 12, 1968, and exhibited to the Council, a copy of which is on file in the office of the City Clerk, to sell and convey to the City. in fee simple that certain 52.63 acre tract or parcel of land heretofore described in Ordinance No. 17652 and more particularly described by metes and bounds in said deed and, also, a perpetual easement for the public sanitary sewer line also described and referred to in said ordinance and deed for a consideration of $240,000.00, cash, payable by the City upon full execution and delivery of said deed to the City, it to be agreed easement and that $30,000.00 of said amount constitutes the amount agreed upon as the value of all damages to the remaining land of the City's grantors not conveyed L said deed, said deed to contain a proper release of such damages, and, for the further consideration that the City covenant and agree hereafter, a~ within the time and in the manner set forth in said deed, to dedicate for public use as a right-of-way for a public street or road connecting Huff Lane with Hershberger Road so much of the land within said 52.63 acre parcel of land adjoining the easterly line of said parcel as may be necessary, together with such other land as may then be available to the City for the purpose, to provide a 70-foot wide right-of-way for a public road or street between said existing road and lane; it to be further agreed, with respect to the conveyance to the City of the aforesaid sewer easement, that said owners, their heirs and assigns, shall hereafter have the right to connect with and use the public sanitary sewer line to be constructed by the City within the right-of-way conveyed for the same, without further assess- ment or payment, except that they shall pay the expenses ~ such connection or connections and shall pay the same connection charges, if any, from time to time applicable to individual citizens or users of the City of Roanoke, generally, for making sewer connections and the same charges made by the City, in general, for the transmission and/or treatment of sewage and wastes; the deed of conveyance proposed to be made to the City by the aforesaid owners to contain such other general provisions and be made subject to the several easements set out and contained in th aforesaid form of deed dated February 12, 1968, but to be approved as to form and execution by the City Attorney. BE IT FURTHER ORDAINED that, as rental for the City's use and occupancy of 16.10 acres of the aforesaid 52.63 acre parcel of land, upon which 16.10 acre parcel the City has heretofore and with said ownem' consent installed a certain system of towers and lights for an approach lighting system for its Municipal Airport, the City do pay to said owners, upon delivery to the City of the executed deed of conveyance, aforesaid, and in addition to the $240,000.00 consideration provided in said deed, the additional sum of $12,850.00, cash, as and for the full rental value of said land from August 11, 1964, to the date upon which the City shall acquire the fee simple title to all of said land, such additional payment to be in full discharge and satisfaction of the agreement heretofore entered into between the parties and accepted by the then City Manager on behalf of the City under date of July 23, 1964. BE IT FURTHER ORDAINED that the Mayor and the City Clerk are hereby authorized and empowered to execute in duplicate, and to seal and attest, respectively, on behal~f of the City, a deed of conveyance and easement as herein- above provided and substantially as is contained and set out in the form of deed dated February 12, 1968,' on file in the office of the City Clerk, as aforesaid; and the Mayor is hereby further authorized and empowered to sign on behalf of the City, and thereafter'cause to be delivered to the aforesaid landowners, a certain revocable letter-permit providing for said owners' use of a certain farm road, wel 4L4. and tenant house located on the tract of land to be conveyed to the City and, in addition, a letter agreement setting out the terms, conditions and provisions pursuant to which the land for the right-of-way for the abovedescribed public street connecting Huff Lane and Hershberger Road may be hereafter dedicated for public use and constructed and opened as a public street and the time within which said sewer line will be constructed by the City, each said letter agreement having been prepared under date of February 12, 1968, filed in the office of the City Clerk and considered by the Council. BE IT FURTHER ORDAINED that upon full execution by the parties of the deed and letters of agreement above provided, and upon payment by the City of the pu'rchasI price and rental charge likewise hereinabove provided and delivery to the City of said deed, for recordation, approved as to form and execution by the City Attorney, said City Attorney shall be, and is hereby authorized to cause the aforesaid condemnation proceedings to be dismissed. BE IT FINALLY ORDAINED that, an~ergency 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 12th day of February, 1968. No. 1BO01. A RESOLUTION endorsing the proposal of the Stat~ Board of ~ducation made to the Governor of Virginia of a reduction in the teacher-pupil ratio used to determine the number of State-aid teaching positions; and requesting local legislative support of such proposal. WHEREAS, the members of the Council, discussing and considering with members of the Roanoke City School Board the extent of the State's participation with the City in payment of the cost of teachers' salaries, have determined that th present formulae employed by the State for determ~ing the number of State-aid teacher positions in which the State Will participate a.re inequitable to the City an, result in the failure of the State to participate in payment of the salary of some 107 of the City's present 86? classroom teachers, the City being required, because of the State's aforesaid formulae, to pay the full salary of said 107 classroom teachers; and WHEREAS, the Council is advised that the State Board of Education has, itself, recommended to the Governor that said formulae be changed by reducing the teacher-pupil ratios used by the State to determine the number of teaching positions in the elementary and secondary schools for which the State will make pnntrih,,tlnn in ~hieh r~cnmmandation this Council concurs. 4Z5 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council joins in the recommendation understood to have been made by the State Board of Education to the Governor of Virginia that the teacher-pupil ratio used by the State to determine the number of State-aid teaching positions in public elementary and secondary schools be changed and that the teacher-pupil ratio of such positions for the elementary schools be fixed at not greater than 29:1 and not greater than 22:1 for the secondary schools for the school year. BE IT FURTHER RESOLVED that attested copies of this resolution be transmitted by the City Clerk to the Governor of Virginia, to the State Board of Education, and to Senator William B. Hopkins, Delegates Willis M. Anderson, M. Caldwell Butler and Ray L. Garland. ATTEST: / APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of February, 1960. No. 18002. A RESOLUTION requesting local support of certain legislation pending in th General Assembly of Virginia relating to public school funds. WHEREAS, the members of the City Council have met and discussed wi~ members of the Roanoke City School Board matters relating to the operation of the ~ty's public schools and to proposals for the greater participation by the Commonwealth in payment of the costs of operating said schools; and WHEREAS, said members have further cons~ ered and discussed the merits of certain bills introduced and pending in the 1968 General Assembly of Virginia, certain of which relate to the cost of p~upil transportation to and from the public schools and to the payment of the cost of text books used by children attending public elementary and secondary schools; and this Council desires to express its firm support of the bills so introduced and hereinafter mentioned, and to request the most active support of said bills by the City's representatives to said General Aseembly. THEREFORE, BE IT RESOLVED by the Council of the City of Roamke as follows: 1. That this Council endorses and supports the proposed legislation contained in House Bill No. 261, pending before the 196B General Assembly of Virginia, which legislation would require payment by the State to local school boards of a sum sufficient to p~J the transportation costs of pupils using public transportation to and from public schools, in those localities not have a public- owned system of transporting school pupils; and 2. That this Council further endorses and supp,orts the proposed legislation contained in Senate Bill No, 186 and House Bill No. 295, which would, by amendment of the Code of Virginia, require local school boards to furnish, free of charge, sufficient text books for children attending public elementary and secondary schools and would provide for the apportionment and distribution tQ localities of State funds appropriated for public education sufficient to fully reimburse each such local school board for the total amount of funds expended in the purchase of al such text books. BE IT FURTHER RESOLVED by the Council that the representatives of the City of Roanoke to the 1968 General Assembly of Virginia be, and each such representative is hereby requested to actively support the passage of the ~oresaid Bills in said General Assembly and, further, that the City Clerk do forthwith transmit attested copies of this resolution to Senator William B. Hopkins, Delegate Willis M. Anderson, Delegate M. Caldwell Butler and Delegate Ray L. Gar~nd, the City's aforesaid representatives. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE,. VIRGINIA, The 12th day of February, 1968. No. 18003. A RESOLUTION endorsing and supporting the enactment of legislation to repeal ekisting legislation providing for the payment of certain tuition grants for the education of children other than in the public school system. WHEREAS, the Council is advised that there have been introduced in the House of Delegates to the 1968 General Assembly of Virginia, as House Bills No. 472 and No. 499, proposed legislation which would repeal the provisions contained in Chapter 7.3 of Title 22 of the Code of Virginia, providing for the pay merit of tuition grants to certain children not attending the public school system, the purpose of which proposed legislation this Council favors and supports. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council endorses and supports the proposals contained in House Bills No. 472 and No. 499 to repeal from Title 22 of the Code of {irginia Chapter 7.3 thereof, providing for payment out of public school funds of school tuition ~rants to certain children not attending public free schools; and this Council doth hereby respectfull urge the City's representatives to the 1968 General Assembly of Virginia to support and assist in the passage of one or the other of the aforesaid Bills, each of which hne ~ it~ n,,rnm~m the repeal of existinq leqislation providing for the payment of II 4!7 BE IT FURTHER RESOLVED that the City Clerk do forthwith transmit attested copies of this resolution to Senator William B. Hopkins, Delegate Willis M. Anderson, Delegate M. Caldwell Butler and Delegate Ray L. Garland, the City's aforesaid representatives to the 1968 General Assembly of Virginia. APPROVED ATTEST: / City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of February, 1968. No. 18004. A RESOLUTION endorsing a proposal that State-aid for payment of teachers salaries in public school kindergarten programs be specially provided, and that the teacher-pupil ratio to be adopted by the State for such purpose be not greater than 25:1. WHEREAS, in joint consideration and discussion of public school matters with members of the Roanoke City School Board, it has been suggested and proposed that State-aid for payment of teacher's salaries in public kindergarten programs should be provided as a special category of State-aid for public education; and WHEREAS, it further appears that the State Board of Education has recom- mended a 27:1 teacher-pupil ratio to be used in determining the number of State-aid teaching positions to be considered for purposes of such State participation, where regulations promulgated by said State Board provide that pupils in kindergarten classes shall not exceed 25 per teacher. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council approves and endorses a proposal that State funds allocated to assist localities in conducting public school kindergarten programs be more expressly earmarked for that purpose, and that State-aid for payment of kindergarten teachers salaries be recognized and provided as a special category of State-aid. BE IT FURTHER RESOLVED that a teacher-pupil ratio not greater than 25:1 be used and employed by the State in determining the amount of State-aid to be allocated and paid to localities for teacher positions employed in such kindergarte programs; and BE IT FINALLY RESOLVED that the City Clerk do transmit attested copies of this resolution to the Governor of Virginia, to the State Board of Education, and t¢ Senator William B. Hopkins, Delegates Willis M. Anderson, M. Caldwell Butler and Ray L. Garland. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of February, 1968. No. 18005. A RESOLUTION requesting local support of certain legislation pending in the General Assembly of Virginia relating to distribution to localities of certain portions of net revenues received by the Commonwealth as State sales and use tax revenues. WHEREAS, the members of the City Council have been advised of the intro- duction in the General Assembly of Virginia of House Bill No. 601 which, by amend- ment of ~ 58-441.48 of the Code of Virginia, would provide, in part, that on and after July one, nineteen hundred sixty-eight, to the extent that the share of any locality in the net revenues received by the Commonwealth as State sales and use tax revenues shall be in an amount less than one per cent of the total amount of the gross sales in that locality, said share shall be supplemented by such additional amount of said revenue as may be necessary to assure that the amount returned to each locality shall be no less than one per cent of the total amount of the gross sales therein; and WHEREAS, the members of this Council desire to express their firm support of the bill So introduced and to request the most active support of said bill by the City's representatives to said General Assembly. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That this Council endorses and supports the proposed legislation con- tained in House Bill No. 601, pending before the lq68 General Assembly of Virginia, which legislation would provide, in part, that on and after July one, nineteen hundred sixty-eight, to the extent that the share of any locality in the net reve- nues received by the Commonwealth as State sales and use tax revenues shall be in an amount less than one per cent of the total amount of the gross sales in that locality, said share shall be supplemented by such additional amount of said revenuf as may be necessary to assure that the amount returned to each locality shall be no less than one per cent of the total amount of the gross sales therein. BE IT FURTHER RESOLVED by the Council that the representatives of the Cit, of Roanoke to the 1968 General Assembly of Virginia be, and each such representativ is hereby requested to actively support the passage of the aforesaid Bill in said General Assembly and, further, that the City Clerk do forthwith transmit attested copies of this resolution to Senator William B. Hopkins, Delegate Willis M. Andersor Delegate M. Caldwell Butler and Delegate Ray L. Garland, the City's aforesaid representatives. APPROVED ATTE ST: Mayor 4i 9 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of February, 1968. No. 17993. 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. 217, Sectional 1966 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have real property described as Lots 5 and 6, Block 1, Page Map, and being Official Tax Nos. 2170204 and 2170205, and also the central portion from a depth of 125 feet to 247 feet from Williamson Road of a one-acre tract, and being Official Tax No. 2170128, rezoned from RS-3, Single Family Residential District, to C-2, General Commercial District; and WHEREAS, the City Planning Commission has recommended that the hereinafter described land be rezoned from RS-3, Single Family Residential District, to C-2, General Commercial District; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 71, Chapter 4.1, Title XV, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, have been published and posted as required and for the time,provided by said section; and WHEREAS, the hearing as proviaea for in said notice was held on the 29th day of January, 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 rezonin9; 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. 217 of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz.: Property located on both sides of Birchlawn Avenue, N. W., between Williamson Road and Lanford Street, as follows: The property on the south side of said BirchlawnAvenue described as Lots 5 and 6, Block 1, Page Map, and designated on Sheet No. 217 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax Nos. 2170204 and 2170205; and The property on the north side of Birchlawn Avenue described as follows: Beginning at a point on the northerly side of Birchlawn Avenue, N. W., 247 feet east from the intersection of the north side of Birchlawn Avenue with the east side of Williamson Road, presently 80 feet wide; thence leaving Birchlawn Avenue, N. 300 45' W. 120.3 feet, more or less, to a point on the north side of the one-acre tract hereinafter mentioned; thence along the north boundary of said tract, S. 62° 15' W. 122 feet, more or less, to the present zoning boundary line between the C-2, General Com- mercial District, and the RS-3, Single Family Residential District, as shown on Sheet No. 217 of the Sectional 1966 Zone Map, City of Roanoke; thence with said zoning boundary line S. 30° 45' E. 120.3 feet, more or less, to the north side of Birchlawn Avenue; 42O thence with the north side of Birchlawn Avenue N. 62° 15' E. 122 feet, more or less, to the place of Beginning; and being the ~entral portion of a one-acre tract designated on Sheet No. 217 of the Sectional 1966 Zone Map, City of Roanoke as Official Tax No. 2170128; be, and is hereby, changed from RS-3, Single Family Residential District, to 6-2, General Commercial District, and that Sheet No. 217 of the aforesaid map be changed in this respect. APPROVED ATT EST: / City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of February, 1968. No. 17998. AN ORDINANCE authorizing the leasing of the City's Health Center property and certain space in the temporary Municipal Building Annex to the Virginia State Department of Health, upon certain terms and provisions; WHEREAS, the Council has, pursuant to statutory authority, heretofore created a District Health Department to be operated by the State Department of Health of the Commonwealth of Virginia and, to implement the operation of said District Health Department, the Council deems it necessary to lease certain property and office space to the State Department of Health; and THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager is hereby authorized and directed, for and on behalf of the City, to effect the lease of the hereinafter described property and office space to the Virginia State Department of Health, said lease to be made upon the following conditions, and otherwise, to be upon such form as is approved by the City Attorney: (a) That certain parcel of land situate in the City of Roanoke, Virginia, on the southwest cornre of Campbell Avenue, S. W., and 8th Street, S. W., together with the building located thereon, known as the "Health Center Building," for a period commencing as of March 1, 1968, to June 30, 1968, after which date the lease to be for a period of one year beginning July 1, 1968, and ending June 30, 1969, renewable automatically from year to year, for a monthly rental of $3,000.00, due and payable $12,000.00 on April 1, 1968; $9,000.00 on July 1, 1968; and $9,000.00 on the first day of each October, January, April and July thereafter so long as the lease be in effect; (b) That certain office building space consisting of approximately 1500 square feet of floor space on the basement floor of the City's temporary Municipal Building Annex located at #312-2nd Street, S. W., heretofore designated as the City Physician's Office, for a period commencing as of March 1, 1968, to June 30, 1968, after which date the lease to be for a period of one year beginning July 1, 1968, and ending June 30, 1969, renewable automatically from year to year, but to continue no longer than August 31, 1971, for a monthly rental of $375.00, due and payable $1,500.00 on April 1, 1968; $1,125.00 on July 1, 1968; and $1,125.00 on the first day of each October, January, April and July thereafter so long as the lease be in effect. APPROVED 421 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of February, 1966. No. 18006. A RESOLUTION amendin9 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 Plannin9 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 Counci of the City of Roanoke, Virginia, approved the filing of a Survey and Planning application by the City of Roanoke Redevelopment and Housing Authority with the Federal Government to defray costs of surveys and planning of a redevelopment projec now designated as VA. R-42; and WHEREAS, the costs of making the surveys and carrying out the planning of the redevelopment project have increased beyond original estimates; and WHEREAS, it has become necessary to amend Resolution No. 15984 of August 24, 1964, to reflect the increased costs 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 the necessary plans now presently estimatea to cost approximately One Hundred Fifty Eight Thousand Nine Hundred Twenty Five Dollars ($158,925) in order to undertake and carry out an urban renewal project of the character contemplated by Section 110 (c) of Title I in that area proposed as an Urban Renewal Area, situated in the City of Roanoke, and State of Virginia, which is described as follows: See Attached (BOUNDARY DESCRIPTION) WHEREAS, it has also become necessary to amend the language of Paragraph 3 of Resolution =15984 of August 24, 1964, to effect changes in Federal regulations that have taken place since adoption of said Resolution; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROANOKE: 1. That the 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 proposed project, now 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 to enable it to defray the cost of surveys and plans for an urban renewal project in the proposed Urban Renewal Area, described above, is hereby approved. 3. That Paragraph 3 of Resolution No. 15984 of August 24, 1964, be rescinded and the following paragraph substituted in lieu thereof: 3. That it is cognizant of the conditions that are imposed in the undertaking and carrying out of Urban Renewal Projects with Federal financial assistance under Title I, including those relating to (a) the relocation of site occupants, (b) the provision of local grants-in-aid, (c) the prohibition of discrimination because of race, color, creed, or national origin; and (d) a requirement that the locality present to 422 the Housing and Home Finance Administrator, as a prerequisite to approval of the application described below, a workable program for community improvement, as set forth in Section 101 (c) of Title I, for utilizing appropriate public and private resources to eliminate and prevent the development or spread of urban blight, and that it is the sense of this body (i) that a feasible method for the relocation of in- dividuals and families displaced from the urban renewal area, in conformity with Title I, can be prepared, and (ii) that the ~local grants-in-aid can and will be provided in an amount which will be not less than one-third of the Net Project Cost of the project and which, together with the Federal capital grant, will be generally equal to the difference between Gross Project Cost and the proceeds for value of project land sold, leased, or retained for use in accordance with the urban renewal plan. That Resolution No. 15984 of August 24, 1964, as adopted by the Council of the City of Roanoke is hereby amended to the extent hereinabove set forth. APPROVED ATTEST: /City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of February, 1968. No. 1~007. A RESOLUTION amending Resolution No. 16386, adopted by the Council of the City of Roanoke on April 19, 1965, 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. 16386 of April 19, 1965, as adopted by the Council of the City of Roanoke, Virginia, approved the filing of a Survey and Planning application by the City of Roanoke Redevelopment and Housing Authority with the Federal Government to defray costs of surveys and planning of a redevelopment projec' now designated as VA. R:46; and WHEREAS, the costs of making the surveys and carrying out the planning of the redevelopment project have increased beyond original estimates; and WHEREAS, it has become necessary to amend Resolution No. 16386 of' April 19 1965, to reflect the increased costs 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 the necessary plans now presently estimated to cost approximately Two Hundred Seventy Three Thousand Two Hundred Five Dollars ($273,205) in order to undertake and carry out an urban renewal project of the character contemplated by Section 110 of Title I in that area proposed as an Urban Renewal Area, situated in the City of c) ]] 423 Roanoke, and State of Virginia, which is described as follows: An area in the Northeast Section of Roanoke bounded as follows: See Attached. (BOUNDARY DESCRIPTION) NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Roanoke: 1. That the 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 proposed project, now designated VA. R-46. 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 to enable it to defray the cost of surveys and plans for an urban renewal project in the proposed Urban Renewal Area, described above, is hereby approved. 3. That Resolution No. 16386 of April 19, 1965, as adopted by the Council of the City of Roanoke is herewith amended to the extent hereinabove set forth. A P P R 0 V E D ATTEST: /City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of February, 1968. No. 18008. 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 Maintenance of Machinery and Equipment (1) ................. $ 570.00 Office Furniture and Equipment - Replacement (2) ............................................ 890.00 (1) Net increase (2) Net decrease ............. $70.00 70.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED 424 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of February, 1968. No. 18009. 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 Section ~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 Rentals (1) ............................................. $ 28,500.00 (1) Net increase for trailer for sale of city tags $500.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF'ROANOKE, VIRGINIA, The 19th day of February, 1968. No. 18010. AN ORDINANCE to amend and reordain Section =77, "Civic Center," 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 ~77, "Civic Center," of the 1967-68 Appropriation Ordinance, be, and the sam, is herebY, amended and reordained to read as follows, in part: CIVIC CENTER ~77 Dues, Memberships and Subscriptions (1) .................... $ 180.00 Automobile Allowance (2) ................................... 500.00 (1) Net increase-- $100.00 (2) Net decrease ...... 100.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: (Z, i t. v C. 1 ~rk M:~ vn'r 4 5 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of February, 1968. No. 18011. A RESOLUTION approving and concurring in the appointment of Dr. James H. Fagan, as Acting Director of the Roanoke City District Health Department, effective March 1, 1968. WHEREAS, the Council has provided for the creation of a district health department and has provided for the operation of said department by the State Department of Health, as provided by §32-40.2 of the 1950 Code of Virginia, as amended; and WHEREAS, the City Manager has recommended to the Council that the Council concur in the appointment of Dr. James H. Fagan, Director of Region 10 of said State Health Department, as the Acting Director of the City of Roanoke's District Health Department, aforesaid, such appointment to become effective March 1, 1968. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council approves and concurs in the appointment of Dr. James H. Fagan as Acting Director of said City's District Health Department heretofore created and provided for by Ordinance No. 17965 of the City Council, and, further, doth approve of the appointment of said person as the commissioner of health for the City, pursuant to Sec. 5, chapter 1, Title XIII of the 1956 Code of the City of Roanoke, such appointment to become effective March 1, 1968; and, further, that attested copies of this resolution be transmitted by the City Clerk to said appointee and to the State Health Commissioner of the Commonwealth of Virginia. APPROVED ATT EST: ' /City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of February, 1968. No. 1~012. A RESOLUTION opposing imposition by the General Assembly of Virginia of a special tax on passengers emplaning on aircraft in Virginia. WHEREAS, legislation has been introduced before the 1968 General Assembly of Virginia proposing a State tax or fee of one dollar on each person emplaning as a commercial passenger on aircraft at any airport in Virginia, one-half of which fez or tax would be retained by the State, the other one-half of which would be remitted to the owner of the airport at which such fee or tax was collected; and 426 WHEREAS, this Council, whose City owns and operates one of the largest and most active airports in the State, perceives no reason or justification for such additional fee or tax and views the proposal as a means to establish and expand other airports in the State at the expense and detriment of its larger airports. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council doth hereby state its disagreement with and opposition to the proposal, made in legislation introduced and pending in the General Assembly of Virginia, of a one dollar "head tax" or fee on each person emplanin9 on commercial airplane flights at all airports in Virginia; and said Council hereby requests each of the represent- atives from the City of Roanoke to the 1968 General Assembly of Virginia to oppose and to exert all proper efforts to defeat the enactment of legislation which would impose such fee or tax. BE IT FURTHER RESOLVED that the City Clerk to forthwith transmit attested copies of this resolution to Senator William B. Hopkins and to Delegates Willis M. Anderson, M. Caldwell Butler and Ray L. Garland, the City's representatives to the General Assembly of Virginia. APPROVED ATTEST: /City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of February, 1968. No. 18013. A RESOLUTION opposing the enactment of legislation which would prohibit the acquisition by cities of private water companies or water systems located outside the corporate limits of such cities. WHEREAS, this Council is advised of the introduction in the 1968 General Assembly of Virginia of proposed legislation which would preclude the acquisition by a city of any private water company or water system located outside the corporate limits of such city; and WHEREAS, this Council is convinced that the legislation so proposed is unsound and is contrary to the best interest of the public and, especially, of those residents of areas served by private water companies and systems adjacent to cities whose public water systems are capable of serving and supplying such other areas outside the corporate limits of such cities, which other areas, in many instances, have water supplies of insufficient quantity and inferior quality to those obtainabl from the water supplies and systems of cities to which they are adjacent. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council doth hereby state its opposition to the enactment of legislation which would 427 preclude or prohibit, or place further limitation upon the acquisition by any city of private water companies or water systems outside the corporate limits of such cities; and said Council hereby requests each of the representatives from the City of Roanoke to the 1968 General Assembly of Virginia to oppose and to exert all proper efforts to defeat the enactment of such legislation. BE IT FURTHER RESOLVED that the City Clerk do forthwith transmit attested copies of this resolution to Senator William B. Hopkins and to Delegates Willis M. Anderson, M. Caldwell Butler and Ray L. Garland, the City's representatives to the General Assembly of Virginia. APPROVED ATTEST: ~ity Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of February, 1968. No. 18014. AN ORDINANCE fixing the per diem rate to be paid by the City to Burrell Memorial Hospital Association, Incorporated, for treatment of the City's indigent charity patients, for the period commencing November 1, 1967, and extending to October 31, 1966; and authorizing the City Manager to enter into requisite agreemen with said Hospital in the premises; and providing for an emergency. 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 establish 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 $31.01 per day, per patient, for the period hereinafter provided, and that the outpatient 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 treatmen 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 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 certifie to said Hospital by the City during the period commencing November l, 1967, and 428 extending to October 31, 1968, be increased from $29.42 per day, per patient, to the rate of $31.01 per day, per patient; and 2. That the rate to be paid by the City to Burrell Memorial 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; and 4. That, an emergency existing, this ordinance be in 'full force and effect upon its passage. APPROVED ATT EST: ~ity Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of February, 1968. No. 18015. AN ORDINANCE approving the engagement of certain engineering services for the preparation of design plans for installation of tail doors on a hangar building at Roanoke Municipal Airport, upon certain terms and provisions; and providing for an emergency. WHEREAS, the City Manager has recommended to the Council that approval be given for employment of the engineering services hereinafter mentioned, necessary to be performed prior to commencement of certain modifications to the hangar building occupied by Piedmont Aviation, Inc., at Roanoke Municipal Airport as a part of the City's Capital Improvements Program relating to said Airport; and WHEREAS, funds sufficient to pay the costs of the services herein authorized to be employed have been heretofore appropriated by the Council for the purpose; and WHEREAS, for the usual daily operation of the municipal government an emergency is set forth and declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that said Council doth hereby authorize and approve the City Manager's engagement of the services of American Steel Building,Co., Inc., of Houston, Texas, to prepare and furnish to the City plans and specifications for the design and construction of tail doors on each end of the hangar building occupied by Piedmont Aviation, Inc., at Roanoke Municipal Airport, as a part of certain modifications proposed to be II made to said hangar building, the City to pay the aforesaid firm as full compensa- tion for such design and specifications the sum of $900.00, cash, out of funds here- tofore appropriated for the purpose. 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 19th day of February, 1968. No. 18016. A RESOLUTION approving and authorizing the settlement and payment, with- out prejudice, of a certain claim made against the City. WHEREAS, the City Manager has reported to the Council the filing of claim against the City for the sum of $10.00, claimed to be the total value of certain articles of personalty lost, removed or stolen from an automobile which, for a period of time, was, for good cause, taken under control by police officers of the City in exercise of said City's police powers; and WHEREAS, said City Manager, reporting to the Council the opinion expresse, by the City Attorney that no legal liability rests on the City with respect to pay- ment 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 $10.00, 430 cash, to Mr. H. S. Thompson, 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 articles of personalty claimed lost, stolen or removed from an automobile of said claimant while under police custody of the City from August 22, 1967, to September 4, 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 police custody and said release to contain statement that the City assumes and acknowledges no legal liability to said claimant on the basis of such claim. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of February, 1968. No. 18017. 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 Airport Project =15 (1) ............................ ($22,000.00) Airport Project =16 (2) ............................ 22,000.00 (1) Net decrease- (2) Net increase ---$22,000.00 22,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of February, 1968. No. 18018. AN ORDINANCE authorizing and permitting the encroachment and maintenance of a certain structure consisting of a truck weighing scale, flush with the ground surface, in the southerly portion of a public alley running east and west through Block d, Section 3, as shown on the Map of Roanoke Development Company, as said alley extends from Bedford Street, S. ~., to Ashlawn Street, S. ~., upon certain terms and conditions. WHEREAS, application has been made to the Council of the City of Roanoke for permission to maintain an encroachment in a portion of a public alley, as here- inafter described; and the City Planning Commission and the City's Engineering Department having considered the proposal at the direction of the Council have recommended that said encroachment be permitted. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that DeHaven Transfer g Storage Co., Inc., and Mr. George L. DeHaven, owners of the lots abutting both sides of the public alley hereinafter described, be, and they are hereby authorized and permitted to maintain as an encroachment in the southerly portion of the public alley running east and west through Block 4, Section 3, as shown on the Map of Roanoke Development Company and on Sheet No. 132 of the Tax Appraisal Map of the City, a certain structure consisting of a truck weighing scale constructed flush with the ground surface in said alley, said scale to be 10 feet in width and 50 feet in length and to be located within the southerly 10 feet of th, aforesaid alley as the same abuts the rear lines of Lots 5, 6 and 7, Block 4, Sec- tion 3, according to the Map of Roanoke Development Company, aforesaid, the afore- said encroachment in said public alley to be constructed, maintained and continued upon the following express terms, conditions and provisions, namely: 1. That the plans and specifications for the construction and maintenanc of the aforesaid truck weighing scales together with the location thereof in said 43 Z public alley be first approved in writing by the City Engineer, the location of whici said scales shall, however, be substantially as shown on a certain Plat Showing Pro petty of DeHaven Transfer & Storage Co., Inc., prepared by R. E. Robertson, et al., S.C.L.S., under date of December 1'6, 1906, 'a copy whereof is on file in the Office of the City Clerk. 2. That said structure comply with all applicable building and other general requirements of the City, and be constructed under applicable building per- mit issued by said'City's Building Commissioner; that, by execution of an attested copy of this ordinance as hereinafter provided, said permittees agree, and be bound, jointly and severally, to indemnify the City of Roanoke and all other parties and persons from and against all claims for injury or damage resulting from the con- struction, operation, maintenance or existence of the aforesaid truck weighing scale or any part or portion thereof, in said public alley. 3. That said scale be so constructed, operated, maintained and allowed to exist in a manner so as not to obstruct, hinder or delay any person or party in the lawful and proper use of any portion of said alley. 4. That the permit herein granted is nonasstgnable and nontransferable b the aforesaid permittees without the prior consent of the City, expressed by ordi- nance or resolution of its City Council; and that upon a discontinuance of the use of the aforesaid truck weighing scale, either by act of.said permittee or permittees or by revocation of such right by this Council, said permittees, their heirs, suc- cessors or assigns, will, immediately and with or without notice or demand by the City, remove said structure from said public alley and restore the alley occupied said scale to its former serviceable condition; and 5. That all of the authority and permission herein contained is and shal be construed and held to be revocable with or without cause at any time by ordinanc, 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 aoknowledged by DeHaven Transfer & Storage Com- pany, Inc., and George L. DeHaven, in duplicate, one executed copy whereof shall have been recorded, at the expense of the aforesaid permittees, in the Clerk's Office of the Hustings Court of the City of Roanoke. ATTEST: '/Cit'y C~erk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of February, 1968. No. 18023. A RESOLUTION finding a need existing in the City of Roanoke for additiona low-rent housing and approving application by the City of Roanoke Redevelopment and Housing Authority for preliminary loan for planning of such low-rent Public Housing WHEREAS, it is the policy of this locality to eliminate substandard and other inadequate housing, to prevent the spread ~ 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, under the provisions of the United States Housing Act of 1937 as amended, the Housing Assistance Administration is authorized to provide financial assistance to local public housing agencies for undertaking and carrying out preliminary planning of low-rent housing projects that will assist in meeting this goal; and WHEREAS, the Act provides that there shall be local determination of need for low-rent housing to meet needs not being adequately met by private enterprise and that the Housing Assistance Administration shall not make any contract with a public housing agency for preliminary loans for surveys and planning in respect to any low-rent housing projects unless the governing body of the locality involved has by resolution approved the application of the public housing age~ncy for such preliminary loan; and WHEREAS, the City of Roanoke Redevelopment and Housing Authority (herein called the "Local Authority") is a public housing agency and is applying to the Housing Assistance Administration for a preliminary loan to cover the costs of surveys and planning in connection with the development of low-rent housing; and WHEREAS, the City of Roanoke Redevelopment and Housing Authority has constructed and/¢ is constructing 900 units of such low-rent housing; and WHEREAS, the Relocation Housing Need Study Report of the Roanoke City Planning Department, dated May 1967, determined that additional low-rent housing units are needed in the city of Roanoke; NOW, THEREFORE, be it resolved by the Council of the City of Roanoke, Virginia as follows: 1. That there exists in the City of Roanoke, Virginia a need for at least 600 units of new and additional low-rent housing units at rents within the t means of low-income families; and 2. That the application of the Local Authority to the Housing Assistance Administration for a preliminary loan in an amount not to exceed $90,000 for surveys and planning in connection with such new and additional projects to provide not exceeding approximately 600 dwelling units is hereby approved: BE IT FURTHER RESOLVED that the City Clerk transmit to the Chairman of the City of Roan oke Redevelopment and Housing Authority sufficient attested copies of this Resolution. APPROVED ATTE ST: Mayor 433 434 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of February, 1968. No. 18024. A RESOLUTION providing for the appointment of five freeholders, any three of whom may act, as viewers i'n connection with the petition of Sarah F. Carl to permanently close and vacate a 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 Bth Street, N. E., said alley being located in Block 30, Deanwood Terrace. WHEREAS, it appearing to the Council of the City of Roanoke, Virginia, upo the petition of Sarah F. Carl,'that said petitioner did duly and legally publish as required by Section 15A-364 of the Code of Virginia, 1950, as amended to date, notice of her application to this Council to close and vacate a certain ten (10) foot alley Ding 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, Dea'nwood Terrace, in the City of Roanoke, the publication of which was had by posting copies of said notice on the front door of the Courthouse of the Hustings Court for the City of Roanoke, Virginia (Campbell Avenue entrance), the Market Square (Salem Avenue entrance of the Market House), and at 311 Second Street, S. E., all of which is verified by an affidavit of the Sergeant of the City of Roan oke, virginia, appended to the petition; and WHEREAS, said notices were all posted on the 9th day of February, 1968, and more than ten days prior to the presentation of the said peril on; and WHEREAS, petitioner has requested that five viewers, any three of whom may act, be appointed to view the above described alley and to report in writing as required by the statute' above ~mentioned. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, upon consideration of said petgion, that Messrs. William M. Harris, Robert K. Rector, James L. Trinkle, Harold W. Harris, Jr., and William P. Wallace, any three of whom may act, be and they hereby are appointed as viewers to view the aforesaid alley and to report in writing pursuant to the provisions of the statute above mentioned whether or not, in their opinion, any, and if any, what inconvenience would result from vacating, discontinuing and closing said alley. APPROVED ATTEST: /City Clerk Mayor 435 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of February, 1960. No. 18025. ~ RESOLUTION providing for the appointment of five freeholders, any three ~ whom may act, as viewers in connection with the application of M 6 N Properties, Incorporated, to vacate, discontinue and close permanently a portion of an alley in the City of Roanoke 10 feet in width and running parallel with 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 Fo m th Street and Mountain Avenue, and running in a westerly direction a distance of approximatel 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 Ci~ of Roanoke on February 26, 1968, by M 6 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, Virgin~, with the notice and an affidavit of posting it by a Deputy Sergeant of the City of Roanoke, Virgini; attached to the application to close a portion of the elley; and WHEREAS, it appearing to the Coucil of the City of Roanoke that the application has been made in accordance with Section 15.1-364 of the Code of Virginia of 1950, as amended, thereby requiring appointment of five viewers, any three of whom may act, to view said portion of the alley sought to be permanently vacated, discontinued and closed and ~eport in writing any inconvenience which may result by discontinuing mid portion of the alley. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, Virginia, that Messrs. R. R. Quick, C. F. Kefauver, A. B. Coleman, R. L. Mastin, Jr., and L. Elwood Norris, any three of whom m~y act, be, and they hereby are, appointed as viewers to view the following described portion of an alley and report in writing whether or not in their opinion any, and if any, what inconvenience would result from [~manently vacating, discontinuing and closing a portion of an alley in the Ci~ of Roanoke 10 feet in width and running in a parallel direction with and between original Elm Au~nue, S. E., and Mountain Avenue, S. E., beginning on the westerly side of Fourth Street, S. E. (formerly Wheat Street), 345.2 feet north of the northwest corner of Fourth Street and Mountain Avenue and running in a westerly direction a distance of approximately 77 feet ~o the proposed eastern boundary line of a proposed access road to Interstate Highway 581. APPROVED 436 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of February, 1968. No. 18026. A RESOLUTION authorizing the removal of four 21,000 lumen mercury vapor street lights and the installation of nineteen 3,500 lumen Post Top mercury vap~ street lights, four 7,000 lumen Post Top-mercury vapor street lights and eight 50,000 lumen Underg~und mercury vapor street lights in connection with the City Market Improvement ?roject. BE IT RESOLVED by the Council of t~e City of Roanoke that the Appalachian Power Company be, and it is hereby, authorized to remove four 21,000 lumen mercury vapor str.eet lights and install nineteen 3,500 lumen Post. Top mercury vapor street lights, four 7,000 lumen Post Top mercury vapor street lights and eight 50,000 lumen underground mercury vapor street lights in.connection with the City Market Imp[ovement ffoject, said lights to be maintained under the contract existing between the Appalachian Power Company and the City of Roanoke. 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 February, 1968. No. 18027. AN ORDINANCE to amend and reordain Section =500, "Sewage Treatment Fund," of the 1967-6B Sewage Treatment Fund Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual ~ily operation of the Municipal Government of the City of Rosnok~e, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~500, "Sewage Treatment Fund," of the 1967-6B Sewage Treatment Fund Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SEWAGE TREATMENT FUND ~500 Replacement Reserve (1) ........................... $ 22,500.00 (1) Titration unit $330.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordina nce shall be in effect from its passage. ATTEST: · APPROVED 437 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of February, 196B. No. 18028. A RESOLUTION authorizing the City Manager to permit the installation of a banner across the intersection of Church Avenue and Jefferson Street, upon certain rems and conditions. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized to issue to the Junior Woman's Club of Roanoke, Incorporated, a permit to install a canvas banner across the street at the intersection of Church Avenue and Jefferson Street in connection with said Club's "Red Stocking Revud', said banner to be installed on March 11, 1968, and to remain in place until April 1, 1968; provided that said organization shall cause said banner to be removed promptly after the last mentioned date and provided, further, that said banner be installed in a manner satisfac~Jory ~ the City Manager and, prior to its installation, the City be furnished insurance coverage to be approved by the City Manager, insuring the City from any and all liability that may result to the City because of the installation of the aforesaid banner across said streets. ATTEST: / City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of February, 1968. No. 18029. A RESOLUTION authorizing the City Manager to approve a metered water connection to certain pmmises located outside the cor lxrate limits of the City, upon certain terms and conditions. WHEREAS, the owner of the properiy 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 tohave the premises connected to the City's water system; and WHEREAS, the City Manager has investigated the application and, in view of the provisiom of Resolution No. 16855 of the Council, has referred said application to the Council for consideration, recommending that said water connection be approved. 438 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 d-inch water distribution system located in the street on which the prope~y abuts outside the City's corporate limits, the premises located at 3435 Custis Avenue, S. W., known as Lots 40 and 41, Section 15, Map of Mount Vernon 'Heighs Subdivision, such connection to be made in full compliance with the provisions established for such connect kms in Rule 3B 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 geneml rules and regulations and at such rates and charges as are generally provided in such instances. BE IT FURTHER RESOLVED that th is resolution shalt mt 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, VXRGINIA, The 26th day of February, 1968. No. 18030. AN ORDINANCE to amend and reordain Section ~1, "Council," 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 =1, "Council," of Che 1967-68 Appropriation Ordinance, be, and the same is h~ eby, amended and reordained to read as follows, in part: COUNCIL =1 Gratuities (1) (2) (3) .... ; ......................... $ 4,300.00 (1) Commercial Development $ 500.00 (2) Help, Incorporated --- 3,800,00 (3) Net increase 3,800.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. A P PR O V E D Mayor 439 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of February, 1968. No. 18031. AN ORDINI~NCE to amend and reordain Section =97, "Overtime Pay and Terminal Leave," of the 1967-66 Appropriation Oxiinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an em~ rgency 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 reordaimdto read as follows, in part: OVERTIME PAY AND TERMINAL LEAVE =97 Overtime. Pay Under Job Classification (1) ......... $ 55,000.00 (1) Net increase ..... $25,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: , _;--~--i,.--__¥.:,_._k/C tY Ci~r c,, APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of February, 1968. No. 18032. A RESOLUTION requesting the Virginia Department of Highways to consider and effect advance acquisition of tit~e to certain land needed for highway improvement purposes. WHEREAS, by reason of the recent construction and opening of Interstate Spur 581 to Elm Avenue, S. E., and of improvements made to Elm Avenue east of Jefferson Street and by reason of the opening of the Community Hospital of Roanoke , Valley located on the southeast corner of said street intersections, and of increased business activity brought about as a result of all of the aforesaid, h vehicular traffic congestion has been generated at the aforesaid street intersectio~i, particularly with reference to traffic desiring to proceed west on U. S. Route 221 (Elm Avenue, S. E.) which, because of its narrow width, tends to impede the flow of traffic from Elm Avenue, S. E. and from Jefferson Street; and WHEREAS, U. S. Route 221 leading west from Jefferson Street will doubtles , in short time, need to be widened in order to accommodate its increased traffic, 44O WHEREAS, there now appears to be available for purchase as a vacant lot the [~perty designated as Tax No. 1020518, fronting 36 feet on the northwest corner of Jefferson Street and Elm Avenue which, if acquired and made available for street purposes, would alleviate to some extent the aforesaid traffic congestion THEREFORE, BE IT RESOLVED by the Coumil of the City of Roanoke that ~ is Council ~th hereby respectfully request the Commonwealth of Virginia, Department ~ Highways, to consider the immediate purchase of the vacant lot on the northwest corner of Jefferson Street and Elm Avenue,.S.W., fronting 36 feet on. Jefferson Street, such purchase to be effected by said Department of Highways or in participat wi~ the City of Roanoke, as in advance acquisition of highway right-of-way understoo to be now authorized and provided by general law. BE IT FURTHER RESOLVED that the City Manager do promptly and through appropriate channels transmit the aforesafl request to said Department of Highways, to wh~h sh~ll be attached 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 February, 1968. No. 18033. A RESOLUTION authorizing the City's acceptance for transmission and treatment of acceptable sewage and wastes from t lmee (3) certain areas of Roanoke County, upon certain terms and conditions and, to the extent pmvided herein, amending the contract of September 28, 1954, between the City and the County of Roanoke dealing with the treatment of domestic and commercial wastes; deferring, temporarily, acceptance of wastes from two (2) certain other areas; and declining, at this time, to accept sewage and wastes from three (3) certain other areas. WHEREAS, the City has been requested, by two (2) recent resolutions of the Board of Supervisors of Roanoke County adopted on December 18, 1967, to accept for transmission and treatment under the terms of the parties' contract of September 28, 1954, but for certain new charges recently agreed upon, acceptable wastes from eight (8) certain additional areas of said County, and the Council's committee studying sa~ request has, for Masons shown in its report of December 18, 1967, to Council, recommended that one of the eight (B) areas so proposed be accepted for treatment, that two (2) other of the said areas be accepted for treatment but upon the conditions hereinafter set out, but that the other five (5) of said eight (8) areas be not, at this time, accepted by the City for incorporation into said contrac in all of which recommendations the Council concurs, with the understanding that the acc~nt, ahla ~astas from the three (3) new areas next hereinafter described will, upon on 441 of the aforesaid contract of September 28, 1954, between the parties but for the rate of charge provided in this Council's Resolution No. 17803, namely, $52.00 per million gallons of such wastes so transmitted and treated. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said City doth hereby agree to accept for transmission and treatment acceptable domestic and commercial wastes from the following described area of Roanoke County, as the same is set out and describe~ as 2. in a resolution of the Board of Supervisors of Roanoke County adopted January 18, 1965, and referred to as (3) in a later resolution of said Board of Supervisors, both of which were heretofore directed to this Council, said area being bounded and described as follows: BEGINNING at a point in the center of Virginia Highway Route 6~8, which is 15.24 feet, S 25° 51' W of the southeast corner of the David S. Musselwhite property; thence N. 25° 51' E. a distance of 1167.56 feet to an iron pipe; thence S 57° 44' 37" E a dis- tance of 992.05 feet to an iron ~pe; thence S 21° 08' 50" E a distance of 5.00 feet to a fence post; thence S 46° 14' 27" W a distance of 525.60 feet to a large rock, thence S 29° 36' 00" W a distance of 727.00 feet to an iron pipe; thence N 50° 09' 00" W a distance of 287.70 feet to an iron pipe; thence N 52° 56' 32" ~ a distance of 489.01 feet to the point of BEGINNING and containing 23.005 acres, more or less; there to be provided by said County adequate metering facilities for measuring the quantity of wastes delivered from said new area, and the rate of charge to be made by the City for accepting and treating wastes from such area to be $52.00 per million gallons of such wastes. BE IT FURTHER RESOLVED that said City will, upon completion by the County of Roanoke of construction of its Mud Lick Run relief sanitary sewer trunk line so that said new relief sanitary sewer line connects with the City's interceptor sewer line on Roanoke River, accept for transmission and treatment acceptable domestic and commrcial wastes from the following two areas of Roanoke County, namely: (a) That certain 36.28 acre area of land referred to as the Eller Orchards, Inc., property in a certain resolution of the Board of Supervisors of Roanoke County adopted February 15, 1965, and subsequently referred to in item (4) in a resolution of said Board adopted December 18, 1967, both of which resolutio~were directed to this Council; a~ (b) That certain 24.72 acre area of land referred to as the property of G. G. Fralin and Horace G. Fralin in a certain resolution of the Board of Supervisors of Roano~ County adopted December 18, 1967, and directed to this Council; there to be provided by said County, upon completion of construction of said Mud Lick Run relief sewer and upon connection to the City's sewer system of areas (a) and (b), abovementioned, adequate metering facilities for measuring the quantities of wastes discharged from said two (2) areas, and the rate of charge to be made by the City for accepting and treating wastes from each such area to be $52.00 per million 9allons of such wastes. BE IT FURTHER RESOLVED that action be and is deferred on the proposal and request that the City accept for transmission and treatment sewage and wastes from the 31.35 acre Hidden Valley Forest, Inc., area described as AREA 2, and the 442 B1 62 acre Hidden Valley Inc area described as AREA 3 in a certain resolution of~ the Board of SuperVisors of Roanoke County adopted December lB, 1967, and directed to this Council, such deferral to be made pending discussions between representatives of the City of Roanoke, Roanoke County and the City of Salem to determine the exact location of the areas of land so proposed to be ~viced, and what part thereof may not now lie in Roanoke County. BE IT FURTHER RESOLVED that said City of Roanoke doth decline at the present time and until such time as agreeable arrangements are proposed and entered into between the City and said County for construction of a new Ore Branch trunk line sewer, to accept for transmission and treatment the sewage and wastes from that! certain 12.15 acre area of land described as the prOperty of J. Meade Harris in a certain resolution of the aforesaid Board of Supervisors adopted August 19, 1963, an referred to aS item (1) in a resolution of said Board of Supervisors adopted December lB, 1967, both ~ which resolutions were directed to this Council. BE IT FURTHER RESOLVED that said City of Roanoke further-declines to accept, at the present time and under its contractual agreement aforesaid, the sewage and wastes from that certain 17.937 acre area of land described as the Cove Road,Ferncliff Avenue area in a certain resolution of said Board of Supervisors adopted January lB, 1965, and from that certain 37.090 acre area of land described as the property of J. J. Ramsey and Mrs. Elva Garst in a certain resolution of said Board of Supervisors adopted July 15, 1967, subsequmtly referred to in items (2) and (5), respectively, in a resolution of said Board of Supervisors adopted December lB, 1967, all of which resolutions were directed to this Council; deferral of both such proposals to be made pending tr~l and decision of certain pending proceedings for annexation affecting portions of each said area. BE IT FURTHER RESOLVED that the aforesaid contract of September 28, 1954, between the City and said County be and is hereby amended to the extend of incorporating therein, but at the rate of charge herein provided, the 23.005 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 Chairman of the Board of Supervisors of Roanoke County. APPROVED ATTEST: City Clerk Mayor IN THE COU~ IL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of February, 1968. No. 18034. AN ORDINANCE proposing and providing for the City's acquisition of title 443 east of Yinton Mill Road, parallel to and on the southerly side of Brook Street, N. E., and abutting the waters of Gla~ Creek; and providing for an emergency. WHEREAS, thdre is located in the City east of Vinton Mill Road, between the southerly side of Brook Street, N' E., and Glade Creek, a strip of vacant unused land, owned for many years by the Town of Vinton, appearing to be the residue of certain land ~nveyed by said Town of Vinton to the Roanoke County School Board; and WHEREAS, the City of Roanoke has need to acquire the land, or an easement therein, for certain municipal purposes. THEREFORE, BE IT ORDAINED by the Comcil of the City of Roanoke that the Council of the Town of ¥inton be and it is hereby respectfully requested to consider and to make offer to the City of Roanoke of the terms upon ~hich said Town of Vinton would convey to said City the title to or an easement in said land. BE IT FURTHER ORDAINED that the City Manager do forthwith transmit to the Council of the Town of Vinton an attested copy of this ordinance, together with a letter setting out the City's need for such land and other material matters. APPROVED ATTEST: Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of March, 1968. No. 18019. 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. 101, 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 7 and 8, P. L. Terry Map, being Official Tax No. 1010306, rezoned from C-4, Central Business Expansion District, to LM, Light Manufacturing District; and WHEREAS, the City Planning Commission has recommended that the hereinafte described land be rezoned from C-4, Central Business Expansion District, to LM, Light Manufacturing District; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 71, Chapter 4.1, Title XV, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, have been published and posted as required aM for the time pr oaded by said section; and 444 WHEREAS, the hearing as provided for in said notice was held on the 26th day of February, 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. 101 of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, ~iz.: Property located on the mrth side of Norfolk Avenue, S. W., between First Street, S. W. and Second Street, S. W., described as unnumbered lot, P. L. Terry Map, northeast corner First Street, S. W. and Norfolk Avenue, S. W., designated on Sheet 101 of the Sectional 1966 Zone Map as Official Tax No. 1010301, and Lots 1 - 1 inclusive, P. L. Terry Map, designated on Sheet 101 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax Nos. 1010302 - 1010311, inclusive, be, and is hereby, changed from C-4, Central Business Expansion District, to LM, Light Manufacturing District, and that Sheet No. 101 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 March, 196B. No. 18020. AN ORDI~ NCE 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 the southeast side of Colonial Avenue, S. W., between Brandon Avenue and Twenty-first Street, described as Lots 5 - B, inclusive, Block 4, Colonial Heights, Official Tax Nos. 1271305 and 1271306, rezoned from C-i, Office and Institutional District, to C-2, General Commercial District; and WHEREAS, the City Planning Commis${~n has recommended that the hereinaft described land be rezoned from C-i, Office and Institutional District, to C-2, General Commercial District; and 445 WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 71, Chagter 4.1, Title XV, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, have been published and posted as required and for the time provided by said section; and WHEREAS,' the hearing as provided for in said notice was held on the 26th day of February, 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, Cha~er 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, and Sheet No. 127 of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz.: Property located at 2010, 2012, 2014, 2016 and 2022 Colonial Avenue, S. W., Roanoke, Virginia, described as Lots 5, 6, 7 and 8, Block 4, Colonial Heights, designated on Sheet 127 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax Nos. 1271305 and 1271306, be, and is hereby, changed from C-l, Office and Institutional District, to C-2, General Commercial District, and that Sheet No. 127 of the aforesaid map be changed in this respect. APPROVED ATTEST: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of March, 1968. No. 18021. 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 property located on the southeast side of Colonel Avenue, S. W., described as Lots 1-4, Block 4, Colonial Heights, Offidal Tax Nos. 1271301, 1271303 and 127130, rezoned from C-l, Office and Institutional District, to C-2, General.Commercial District; a~ WHEREAS, the City Planning Commission has recommended that the hereinafter described land be rezoned from C-i, Office and Instit~ional Dis~ict, to C-2, C~meral Commercial Oistrict; and WHEREAS, the written notice and the posted sign required to be publ~hed 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 WHEt~EAS, the hearing as provided for in said notice~asheld on the 26th day of February, 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 propesed rezoning; and WHEREAS, this Council, after considering the evidence as herein provided, is of the opinion that the hereinafter described land should be rezoned. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, and Sheet No. 127 of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz.: Property located on the southeast side of Colonial Avenue, S. described as Lots 1, 2, 3 and 4, Block 4, (blonial Heights Map, designated on Sheet 127 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax Nos'. 1271301, 1271303, and 1271304, be, and is hereby, ~hanged from C-l, Office and Institutional District, to C-2, .General Commercial District, and that Sheet No. 12'7 of the aforesaid map be changed in this respect. ATTE ST: / City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of March, 1968. No. 18022. AN ORi)IN~NCE to amend Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, and Sheet No. 165, Sectional 1966 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke t have 0.56 of an acre on the southeast corner of Spessard Avenue and ~shby Street, S. W., Map of Gra~d~View, City Official Tax No. 1650319, rezoned from RS-i, Single Family Residential District, to RD, Duplex Re siiential District; and WHEREAS, the City Planning Commission has recommended that the hereinafter described land be rezoned from RS-i, Single Family Residential District, tO RD, Duplex Remidential District; and II 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 26th day of February, 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. 165 of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz.: Property located on the southeast corner of Spessard Avenue and Ashby Street, S. W., Grandin View Map, described as 0.56 of an acre, designated on Sheet 165 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax No. 1650319, b~, and is hereby, changed from RS-l, Single Family Residential District, to RD, Duplex Residential District, and that Sheet No. 165 of the aforesaid map be changed in this respect. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of March, 1968. No. 18035. 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 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 applicatMn to the Council for consideration, recommending that said water connection be approved. 448 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 a 36" low pressure transmission line in Planta- tion Road, N. E., at a point designated by the Water Department Manager, of the premises located at 7711 Plantation Road, N. E., the applicant to install its own booster pumping equipment to increase the pressure to its own requirements; 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 ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY 0~' ROANOKE, VIRGINIA, The 4th day of March, 1968. No. 18036. 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, a representative of the owner of property hereinafter described located outside the corporate limits of the City, abutting on an existing water mai 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 investigat'ed the application and, in view of the provisions of Resolution No. 16855 of the Council, has referred said appli- cation 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 distri.bution system located in the street on which the property abuts outside the City's corporate limits, of the premises located at 4607 Cove Road, N. W., such connection to be made in full compliance with the provisions established for such connections in 449 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 c~nstrued 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 4th day of March, 1968. No. 18037. AN ORDIN~..NCE 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 terns 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 of 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 widenin~ 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 pu~oses 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 hereto- fore appropriated by the Council for the purpose; and 45O by said parties that immdiate 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 6f 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 frdm 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 easemen necessary for the proper construction of said street in and to the following described lands situate in the City of Roanoke, Virginia, on ur 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 007, being (a) a perpetual easement in a certain 10-foot wide strip of land, approximately 40 feet in length, containing 400 sq, ft., extending mutheasterly from the present south- east line of Franklin Road, S. W., thro ugh Official Tax No. 1150202, to be used for the purpose of constructing, maintaining and operating a 15-inch underground storm drain and related fixtures and facilities; and (b) a temporary /onstruction easement over, on and upon a 3,700 sq. ft. area of land in said Official Tax No. 1150202, for the purpose of constructing grades or slopes sufficient for the proper construction of said street project owned by w. P. Huff, Jr., for the sum of $ 75.00 Parcel 016, being 690 sq. ft. of land in fee Mmple and a temporary construction easement in an additional 438 sq. ft. area of land, all in Official Tax No. 1160102, from Howard W. Cayton for the sum of $1,940.00 Parcel 017, being 2,500 sq. ft. of land in fee simple and a temporary construction easement in an addi~ ional 440 sq. ft. area of land, all in Official Tax Nos. 1160104, -05, -06, -07 and -08, inclusive, from Radford ~ Radford, Inc., for the sum of $4,573.00 Parcel 021, being 1,250 sq. R. of land in fee simple and a temporary construction easement in an addit~nal 375 sq. ft. area of land, all in Official Tax No. 1280606, from Mattie J. Jamison, for the sum of $2,238.00 Parcel 030, being 1,000 sq. ft. of land in fee simple and a temporary construction easement in an additional 470 sq. ft. area of land, all in Official Tax No. 1160124, owned by the J. S. Barbour Estate, for the sum of $1,312.00 Parcel 033, being 980 sq. ft. of land in fee simple and a '~emporary construction easement in an additional 392 sq. ft. area of land, all in Official Tax No. 1300519, from Alvin W. Rice and Blanche O. Rice, for the sum of $1,675.00 Parcel 040, being 915 sq. ft. of land in fee simp}e and a temporary construction easement in an additional 263 sq. ft. area of land, all in Official Tax No. 1300411, owned by Howard L. at.Clair, for the sum of $ 915.00 451 Parcel 049, Parcel 051, and Parcel 056, being 1,317 sq. ft. of land in fee simple and a temporary construction easement in an additional 425 sq. ft. area of land, all in Official Tax Nos. 1300409 and 1300410, owned by Sink & Son Flor & Tile Company, Inc., for the sum of being a temporary construction easement in a certain 450 sq. ft. area of land, a part of Official Tax No. 1150106, owned by W. E. Holdren, and others, for the sum of being 1,026 sq. ft. of land in fee simple and a temporary construction easement in an additional 304 sq. ft. area of land, all in Official Tax No. 1300412, from William M. Claytor, for the sum of $2,377.00 $ 25.00; $1,732.00 Aggmgate of all above considerations $16,B62.00; 2. That the City Manager be, and he is hereby direc~d, 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 h~reinabove 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 ~ good and sufficient deed of conveya~ e 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 w ith r~pect 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 comp~ent jurisdiction in the City condemnation proceedings to acquire for the City the fee simple title and/or easement in such land or lands a.s 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 Att~ey is hereby au~ orized and empowered to make motion on behalf of the City Ar 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 452 BE IT FURTHER ORDAINED that, an emergency existing, this ordinan'ce be in force and effect upon its passage. APPROVED ATTE ST: / City Clerk Mawr IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of March, 1968. No. 18038. AN ORDINANCE to amend and reordain Section ~10, "Auditor," of the 1967-68 Appropriation Ordinance, and providing for an eu~gency. WHEREAS, for the ~ ual daily operation of the Municipal Government of the City of Roanoke, an e me~ency 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 Personal Services (1) (2) .............................. $105,9d8.00 (1) Assistant City Auditor @ $10,300.00 per year (2) Net increase- $700.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED May or IN THE COUNCIL OF THE CITY OF ROANOKE, VIR(tNIA, The 4th day of March, 1968. No. 18039. A RESOLUTION approving and endorsing certain proposed legislation pending before the 1968 General Assembly of Virginia; and requesting the representatives from the City of Roanoke to the General Assembly of Virginia to support and employ all proper procedures to enact said proposed legislation. WHEREAS, the Council is advised that there are pending in the 1968 General Assembly of Virginia, but not ye~ enacted into law, the several bills hereinafter mentioned, each of which represents proposals of sound legislation, 453 detriment to the best interests of the State or of other parties or persons; and WHEREAS, this Council is most anxious that each of said bills be enacted into law by said General Assembly of Virginia before its adjournment. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council endorses and urges the enactment by the 1968 General Assembly of Virginia of the following described items of legislation now understood to be pending before said General Assembly of Virginia, namely: S.B.No. 377 H.B.No. 1065, which would amend Sec. 33-57 of the Code of Virginia relating to acquisition of rights-of-way in cities by the Highway Commissioner. S.B.No. 376 and H.B.No. 957, which would amend statutes to permit of arrest by police officers of persons, without warrant, in certain instances of commission of misdemeanors. S.B.No. 412 & H.B.No. 1063, providing for recovery of local taxes on properties escheated to the State. S.B.No. 415 5 H.B.No. 1064, permitting of the condemnation of properties involved in pending escheat proceedings when wanted and needed for public purposes. H.B.No. 286, as ame~ed, which would provide for an increase in tax on recordation of deeds and instruments, one-half of which would be distributed to localities. S.B.No. 467, which would amend Sec. 15.1-28 of the Code of Virginia to authorize local governing bodies to license and regulate auto graveyards and junkyards. H.B.No. 470, which would provide for payment by the Commonwealth to localities of sums in lieu of certain property taxes. H.B.No. 727, repealing Sec. 5.1-48 which now provides for designation of State Corporation Commission as agency to accept Federal funds due localities under Federal Airport Act. H.B.No. 763 H.B.No. 782, which would amend general law relative to State and local positions which may be held by certain Federal employees and officials. H.J.R.No. 89, which would create a commission to study and report on State aid to public schools. H.B.No. 934, which would make changes in provision for State participation in certain capital outlays for jail construction and reconstruction. S.B.No. 461 g H.B.No. 1068, which would create a commission to study utilization of medical facilites in western Virginia. S.B.No. 444, relating to the constitution of courts for the Ira il of annexation cases. S.B.No. 518, providing for the appointment of the judges of the Juvmile and Domestic Relations Court of the City of Roanoke. S.B.No. 499, which would provide an increase in State reimbursement to localities for certain public welfare programs. 454 H.R.No. 13, which would direct a study and report by the Judicial Council on matters rela ting to the courts of ~cord of Roanoke, Roanoke County and Salem. S.J.R.No. 5Zdirecting a study to be made regarding the methods and costs of furnish'free textbooks in public schools. H.B.No. 1044,which would authorize the appointment of not more than seven nor less than five commissioners of local redevelopment and housing authorities. S.B.No. 506, authori~.ing enactment of local ordinances governing removal and disposition of abandoned motor vehicles; and H.B.No. 1151, relating to mutilating or committin{] other acts with respect to flags or similar standards. BE IT FURTHER RESOLVED that the representative from the City of Roanoke to said Ger~al Assembly, to-wit: Senator William B. Hopkins, Delegate Willis M. Anderson, Delegate M. Caldwell Butler and Delegate Ray L. Garland, be, and each of them is hereby respectfully requested and urged to support each aforesaid bill and to do all things proper and necessary to accomplish the passage and enactment into law of each said bill prior to adjournment of said General Assembly. BE IT FURTHER RESOLVED t[~t the City Clerk forthwith transmit to each aforesaid legislator an attested copy of this resolution. APPROVED ATTE ST: / City Clerk ~ayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of March, 1968. No. 18040. A RESOLUTION stating the Council's objections to certain proposed legislation pending before the 1968 General Assembly of Virginia; and requesti~. the representatives from the City of Roanoke to said General Assembly of Virginia to oppose and to employ all proper procedures to defeat the enactment of such proposed legislation. WHEREAS, the Council is advised that there have been imroduced in the General Assembly of Virginia, now in session, certain proposed legislation which, if enacted, this Council believes would operate against the best interests of the City of Roanoke and other municipalities, if not the best interests of the Common- wealth; and WHEREAS, this Council desires to skate its opposition to such. proposed legislation, items of which are hereinafter enumerated, and to request that the City's representatives to said General Assembly oppose and take steps to defeat th~ ~,~ntm~nt nf any of the same in the form introduced. 405 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council disapproves of the following descr.ibed items of proposed legislation under- stood to be pending before the 1968 General hssembly of Virginia, namely: S.B.No. 312, which would require certain notice by registered mail to be made a pre- requisite of prosecution for violation of ordinances regulating parking. H.B.No. 602, H.B.No. 73B, which would unreasonably limit executive or closed meetings of legislative bodies and other public agencies; and would provide penalties for violation. which would amend §25-46.21 of the Code of Virginia relating to condemnation procedure. H.B.No. 740, which would amend the Virginia General Condemnation Act so as to provide for pay~t of attorney's fees in condemnation cases. H.B.No. 795, which~ould authorize the State Board of Public Welfare to establish and maintain standards for office space, equipment and facilities in State and Local Welfare Departments. H.B.No. 856 H.B.No. 860 H.B.No. 1182 and others, which would make unneeded and unreason- able changes in provisions of existing annexation laws and would provide, in certain instances for referendums on the question. and H.B.No. 969, which would change the existing formula for distribution to localities of Alcoholic Beverage Control Board profits. H.B.No. 1082 H.B.No. 1183, which would amend §15.1-292 of the Code of Virginia so as to prohibit purchase by cities of certain private utilities outside corporate limits, without prior approval of county governing bodies. S.B.No. 414, which would change the formula for local entitlement to net revenues distributable from the State sales and use tax. S.B.No. 915, which would amend the general law in certain respects with reference to local appropriations for public school purposes. BE IT FURTHER RESOLVED that the representatives from the City of Roanoke to said General Assembly to-wit: Senator William B Hopkins Delegate Willis M Anderson, Delegate M. Caldwell Butler and Delegate Ray L. Garland, be, and each of them is hereby respectfully requested and urged to oppose each aforesaid bill and to do all things proper and necessary to defeat and prevent the passage and enactment into law of each said bill at the present session of said General Assembly. BE IT FURTHER RESOLVED that the City Clerk forthwith transmit to each aforesaid legislator an attested copy of this resolution. APPROVED ATTE ST: City Qerk Mayor 456 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of March, 1960. No. 18041. A RESOLUTION approving Scheme "C", developed by the Virginia Department of Highways as a proposed amendment of that portion of the City's Major Arterial Highway Plan, December 1963, which relates to a part of the proposed corridor for the Franklin Road, S. W., extmsion; and requesting the Roanoke Valley Regional Planning Commission to formally amend said Major Arterial Highway Plan, December 1963, as proposed by said Scheme "C". WHEREAS, at the request of certain intemsted citizens and' business interests the Council heretofore initiated a study of the feasibility of relocating the proposed corridor for the Franklin Road Extension so as not to unduly interfere with planned development of certain properties located on or adjacent to the route of said extension as first shown on the City's ~lajor Arterial Highway Plan dated December 1963; and WHEREAS, after consideration of the proposal by the City's Planni~ Department and the Technical Committee of the Roanoke Valley Regional Planning Commission, plans later developed by the Virginia Department of Highways have indicated that the right-of-way proposed for Franklin Road may be reduced to 70 feet in width, with a 4-foot median strip, between Walnut and Elm Avenues, S. W., and adequately serve the traffic projected for said thoroughfare and, at the same time, least disturb existing businesses and organizations located on an( adjacent to Franklin Road; and WHEREAS, this Council favors the aforesaid new plan, designed and designated as Scheme "C" by sail Department of Highways, and desire that it be incorporated in the Major Arterial Highway Plan dated December 1963 by amendment, and be likewise incorporated into later developments of the City's major arterial highway planning. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Roanoke Valley Regional Planning Commission be, and is hereby requested to take the appropriate and necessary steps to amend that portion of the City's Major Arterial Highway Plan dated December 1963 which relates to the proposed Franklin Road Extension so as to incorporate therein Scheme "C" as recently designed by the Virginia Department of Highways, utilizing Fra~lin Road with a 70-foot wide rich t-of-way between Walnut AWnue, S. W., and Elm Avenue, S. W., and with a 4-foot median strip ~n said street; and an attested copy of this resolution shall be transmitted by the City Clerk to said Plannin9 Commission. BE IT FURTHER RESOLVED that the City Manager do advise the Virginia Department of Highways, through appropriate channels, of the action taken by this Council, transmitting to said Highway Department an attested copy of this resol~ ion. 457 BE IT FINALLY RESOLVED that the City Clerk do notify those individuals, business interests and organizations which have appeared in the matter of ~is action of the Council, transmitting to each a copy of this resolution; and that the Council's committee be continued for study and report on later matters and proposals relating to the Franklin Road and Route 599 connection. APPROVED ATTEST: ity Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of March, 1968. No. 18042. AN O~DINANCE relating to the acquisition of the property designated as Parcel 004 in Ordinance No. 17763, relating to the City's Orange Avenue, N. E., Route 460 Project 0460-128-102, RW-201, and providing for the purchase price to be paid for said parcel; and providing for an emergency. WHERE4S, the property hereinafter described, being wanted and needed by the City for construction of its Orange Avenue, N. E., Route 460 Project, was directed to be acquired by the City upon certain terms and conditions set out and contained in Ordinance No. 17763 and for the specific price stated in said ordinance; and WHEREAS, having been unable to acquire said property by purchase for the amount heretofore provided, condemnation proceedings have been instituted against said property and its owner, during the course of which and with reasonable justification it has been recommended to the Council that authority be given for the City ~ offer and pay the increased price or consideration hereinafter set out , the owner of the said parcel of land being represented to be willing to accept the same and thereafter to convey to the City the rights in land so needed to be acquired; and WHEREAS, additional funds in the total sum of $1,480.00 have been appropriated by the C cmcil for the purposes herein provided, and, for the usual daily operation of the municipal government an emergency is declared to exist in order that this ~ dinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City do proceed to acquire from the owner thereof, whose name-is set out opposite the following described parcel of land, numbered with re{erence to the plans of the City's Orange Avenue, N. E., Route 460 Project and for the total cash price or consideration set out opposite said parcel, namely: 458 Parcel 004, from John D. Copenhaver, Trustee, owner, for ........... $5,000.00 and the City Auditor be, and he is hereby authorized and directed, upon request of the City Attorney, to draw and deliver to said City Attorney a check or checks in payment of the aforesaid purchase price, which sail checks may be made payable into Court or to the landowner or persons certified by the City Attorney to be entitled thereto. BE IT FURTHER ORDAINED that so much of the provisions of Ordinance No. 17763, adopted October 2, 1967, as provide for the purchase price to be paid for Parcel 004, aforesaid, be, and are amended to the extent provided in this ordinance; and, further, that, an em~gency 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 llth day of March, 1968. No. 18047. AN ORDINANCE amending Chapter 4, Title VIII of the Code of the City of Roanoke, 1956, said chapter relating to the Municipal Stadium and Athletic Field, by the addition to said chapter of a new section relating to flag storage space; and providing for an emergency. WHEREAS, the Council desirs to make permanent provision for the storage of the United States Flag and other official flags and emblems kept for display on certain of the streets and public places of the City on the occasion of State an, National holidays and other occasions; and said Council has been advised that space can be made available for such purposes in certain enclosed areas under the west stands of the Municipal Stadium; and WHEREAS, for the usual daily operation of the municipal governme~ an emergency is hereby set forth and declared to exist in order that this ordinance take effect ~pon its passage. THEREFORE, BE IT ORDAINED by the Omncil of the City of Roanoke tl~t Chapter 4. Municipal Stadium and Athletic Field, of Title VIII. Public Buildings and Property, of the Code of the City of Roanoke, 1956, be, and said chapter is hereby amended by the addition of a new section to be numbered Section 6, to read and provide as follows: 459 Sec. 6. Flag Storage Space. Adequate and suitable encased space, capable of being locked and safeguarded, shall be provided and maintained under the west stands of the Municipal Stadium for the storage of United States Flags and other official {lags and emblems kept for display on streets and public places in the City on State and National holidays and other offic~l occasions; and provision shall be made by the city manager whereby persons in charge of maintaining the same and of removing, displaying and returning said flags to such storage space shall be afforded reasonable access to and use of such space for the purposes aforesaid. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage. APPROVED ATTEST: Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of March, 196B. No. 18048. A RESOLUTION authorizing the City Manager to approve an extension of mains and metered water connections to certain properties located outside the corporate limits of the City, upon certain terms and conditions. WHEREAS, the owner and developer of the property hereinafter described, located outside the corporate limits of the City and abuttinq on existing B-inch and 6-inch water mains of the City, has made application to the City ~ extend water mains and to have the same and the lots located on said property 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 Petty Acres No. 6 Subdivision, the property of Vinton Development Corporation, in Roanoke County, located off Plantation Road, bordered on the north by Magnolia Road, on the south by Orlando Avenue and on the east by Meadowcrest Street, with metered water connections to the City's water system of for lots shown on a certain map of said subdivision, such extension and connections to b made only after the map of said new subdivision has been duly approved and properly recorded, and the same to be done in full compliance with the provisions established z 60 for such connections in Rule 38 of the Rules and Regulations for the operation of ti City's Water Department, and said water services to be hereafter supplied by the Cit in accordance with its general rules and regulations and at such rates and charges as are generally provided in such instances; the proposed extension of service in said subdivision to be transferred and conveyed to the City upon its completion and approval and acceptance by the City. 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 ATTE ST: .... City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of March, 1968. No. 18049. 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 p~ovisions 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 improvemem of a portio 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 t~ 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 sufficien 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 imp~)vements, on the basis of which the vahations 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 desire d 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. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as foll~ s 1. That the said City of Roanoke wants and needs for the par pose 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 ~tle 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 015, being 3162 sq. ft. of land in fee szmple and a temporary construction easement in an additional 1056.0 sq. ft area of land, all in Official Tax Nos. 1272501, 1272502 and 1272503, from Edna Quinn Miller, for the sum of $4,945.00 Parcel 018, bezng 700.0 sq. ft. of land in fee szmple and a temporary construction easement in an additional 513.0 sq ft. area of land, all in Official Tax No. 1280613, from aoward W. Cayton, for the sum of $1,425.00 Parcel 020, bezng 1500.0 sq. ft. of land in fee szmple and a temporary am struction easement in an additional 450.0 sq ft. area of land, all in Official Tax No. 1280609, fmm Archie'~, Inc., for the sum of $3,040.00 Parcel 025, bezng 3000.0 sq. ft. of land in fee szmple and a temporary construction easement in an additional 1110.0 sq ft. area of land, all in Official Tax No. 1280617, owned by Selma K. and Iris E. Weidenfeld, for the sum of $5,598.00 Parcel 027, bezng 500.0 sq. ft. of land in fee smple and a temporary construction easement in an additional 175.0 sq. ft. area of land, all in Official Tax No. 1280615, from Sol S. Katz, and other, for the sum of $ 789.00 Parcel 031:, being 2210 sq. ft. of land in fee smple and a temporary construction easement in an additional 844.0 sq. ft. area of land, and a perpetual easement in an additional 150 sq. ft. area of land for storm drain purposes, all in Official Tax No. 1280603, from 462 Parcel 037, and Parcel 041, being 1566.0 sq. ft. of land in fee simple and a temporary construction easement in an addiional 300 sq. ft. area of land, and a perpetual easement in an additional 2080.0 sq..~ a~a or strip of land for storm d min purposes, all in 0ffic~l Tax Nos. 1300509, 1300510 and 1300511, owned ~ T. M. Thomas, for the sum of $6,82~00 being a temporary construction easement in a certain 462.0 sq. ft. area of land, a p~rt of Official ~x'No.. 1290121, owned by James A. and Cynthia A. Halsam, for the sum of _. ~ 50.00 Aggregate of all above considerations: $27,~2.00 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 oP owners of each of the aforesafl 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 sa~d parcel of land or to negotiate to obtain for the City purchase options to. acquire each of the abovedescribed parcels ~ 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 goo:d 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 her einabove 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 here~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 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. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage. A D D O ~ U ~ ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of March, 196B. No. 1B045. A Resolution approving the Redevelopment Plan and the feasibility of relocation for the Downtown East Redevelopment Project, Project No. VA. R-42. WHEREAS, under the provision of Title I of the Housing Act of 1949, as amended, the Secretary of the Department 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 contract '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 development of the redevelopme area by private enterprise; (3) The Redevelopment Plan conforms to a general plan for the development of the locality as a whole; (4) The Redevelopment Plan gives due consideration to the provision of adequate park and recreational areas and facilities, as may be desirable for neighborhood improvement, with special consideration for the health, safety, and welfare of the children residing in the general vicinity of the site covered by the plan; and WHEREAS, the City of Roanoke Redevelopment and Housing Authority (herein called the "Local Public Agency") has entered into a planning contract.for financial assistance under such act with the United States of America, acting by and through the Secretary of the Depalment of Housing and Urban Development, pursuant to which federal funds were provided for a redevelopment project (herein called the "Project") identified as "The Downtown East Redevelopment Project, VA. [1-42", and encompassing the area described by Exhibit A attached hereto locatec in the City of Roanoke, state of Virginia (herein called the "Locality"); and WHEREAS, the Community Hospital of Roanoke Valley is located near the project area; and WHEREAS, the Local Public Agency has applied for additional financial assistance under such act ard proposes to enter into an additional contract with the Department of Housing and Urban Development for the undertaking of, and for making available additional f~nancial assistance for, the project; and WHEREAS, the Local Public Agency has made detailed studies of the location, physical condition of the structures, land use, environmental influences social, cultural, and economic conditions of the preject 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 user thereof and of the locality at large because of dilapidation, obsolescence, overcrowding, faulty arrangement of design, lack of ventilation, light and sanita~ facilities, excessive la~ 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 condtions; 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 codl 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 revealed that 48 buildings of the total 55 buildings or 87% were substandard with deficiencies and 37 of the building with deficiencies or 67% of the total number of buildings were classified as structurally substandard to a degree requiring clearance or dilapidated; a~ there has been prepared and referral to the Council of the-localiiy WHEREAS, (hemin called the "Governing Body") for review and approval a redevelopment plan for the project area dated March 5, 1968, and consisting of 18 pages and 2 exhibits supported by the following supplementary material, data, and recommendations, which material, data, and recommendations are n~ a part of t~ Redevelopment Plan: (1) Summary statement and Maps of Downtown Fast Redevelopment Project, Project VA. R-42, dated March 7, 1968. WHEREAS, the Redevelopment Plan has been approved by the Governing Body of the Local Public Agency, evidenced by the copy of said Body's duly certified resolution approving the Redevelopment Plan which is attached thereto; and WHEREAS, a general plan has been prepared and is recognized and used as a guide for the general development ef the locality as a whole; and WHEREAS, the Department of City Planning, which is the duly designated an( acting official planning body for the Locality, has submitted to the Governing Body its report and recommendations respecting the Redevelopment Plan for the projec.t area and has certified that the Redevelopment Plan conforms to the general plan of the Locality as a whole and the Gove n~ng Body has duly considered the reports, recommendations, and certification of the Planning Body; and WHEREAS, the Redevelopment Plan for the project area prescribes certain land uses for the project area and will require, among other things, the vacating 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 WHEREAS, the Commissioners of the City of Roanoke Redevelopment and Housing Authority hascaused to be made a competent and independent analysis of the 465 WHEREAS, the Local Public Agency has prepared and submitted a progra~ 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; and WHEREAS, there have also been presented to the Governing Body information 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 assemblying and analysis of the data and information obtained from such studies, surveys, and inspections; and WHEREAS, the members of the Govern lng 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 p~ject area and, in the light of such knowledge of local housing conditions, have carefully considered and reviewed such proposals for relocation; and WHEREAS, it is necessary that the Govemino Body take appropriate official action respecting the relocation program and the Redevelopment Plan for the project in conformity with the contract for financial assistance between the Local Public Agency and the United States of America, acting by and through the Secretary of the Department of Housing and Urban I~velopment; and WHEREAS, the Governing Body is coonizant of the conditions that are imposed in the undertaking and carrying out of redevelopment projects with federal financial assistance under Title I, including those prohibiting discrimination because of race, color, creed, or national origin: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: 1. That is is hereby found and determined that the project is a blighted deteriorated, or deteriorating area which for the hereinabove enumerated reasons is detrimental to the safety, health, morals or welfare of this community and qualifies as an eligible project area under Sections 36-1 through 36-55 of the Code of Virginia, as amended. 2. That the Redevelopment Plan for the project, havin9 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. 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 Redevelopment Plan for the project area conforms to the general plan of the locality. 5. That it is hereby found and de~ermined that the financial aid provided and to be provided pursuant to the contracts for federal financial assistance pertaining to the project is necessary to enable the project to be undertaken in accordance with the Redevelopment Plan for the project area. 466 6. That it is hereby found and determined that, in addition to the elimination of blight from the redevelopment area, the undertaking of the project in such area will further promote the public welfare and the proper development of the community by providing, through the development of the redevelopment area in accordance with the plan, a cohesive neighborhood environment compatible with the functions and needs of the Community Hospital of the Roanoke Valley. 7. That it is hereby found and determined that the Redevelopment Plan for a redevelopment area will afford maximum opportunity, consistent with the sound needs of the Locality as a whole, mr the redevelopment of the area by private enterprise. 8. That it is hereby found and d~ermined that the Redevelopment Plan for the redevelopment area gives due consideration to the provision of adequate park and recreational areas and facilities as may be desirable for neighborhood improvement, with special consideration for the health, safety, and welfare of the children residing in the general vicinity of the site covered by the plan. 9. Th. at: 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 the need for additional units of such housing, 10. That it is hereby found and d~ermined that the program for the proper relocation of individuals and families displaced in carrying out the project in decent, safe, and sanitary dwellings in conformity with acceptable standards is feasible and can be reasonably and timely effective 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 dwellings of the displaced individuals and families in the project area, are a~ailable at rents or prices within the financial means of th~ displaced individuals and families, and are reasonably accessible to their places of employment. 11. 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 things, to th'e vacating 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 othe public facilities and other public act~n, and accordingly, this Body hereby: (a) pledges its cooperation in helping to carry out the Redevelopment Plan (b) requests the various officials, departments, boards, andagencies of th Locality having administrative responsib~ities 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 designated to effectuate the Redevelopment Plan. 12. That additional financial assistance under the provisions of Title I of the Housing Act of 1949, as amended, is necessary to enable the land in the project 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 applicati or applications for such financial assistance under Title I is hereby approved. APPROVED ATTE ST: ity Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of March, 1968. No. 1B046, 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 Downtown East Redevelopment Project, VA. R-42"; and providing for an emergency; and WHEREAS, by Resol~ion No. 1B045, adopted by the Council of the City of Roanoke on March 11, 1968, the Council of the City of Roanoke approved the Redevelopment Plan prepared by the City of Roanoke Redevelopment and Housing Authority for the area in the southeast section of the City of Roanoke and designated as the "Redevelopment Plan for the Downtown East Redevelopment Project, VA. R-42"; 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 wi~ said Authority for that purpose; and WHEREAS, such an Agreement has been prepared and is hereafter set forth; 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 follow 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 the Downtown East Redevelopment Project , VA. R-42", this Council doth hereby approve an Agreement by the City of Roanoke and the City of Roanoke Redevelopment and Housing Authority, dated March 11, 196B, in the following words and form; that is to say: 467 AGREEMENT THIS AGREEMENT, entered into this 10th day of March, 1968, by and between the City of Roanoke Redevelopment and Housing Authority, a duly oroanized and existing body politic of the Commonwealth of Virginia, (herein called the "Authority"), and the CITY OF ROANOKE, a municipal corporation of the Commonwealth of-Virginia, (hkrein called the "City"). ~q ITNESSETH T HA.T,: ~qHEREAS, by Resolution adopted'on March 11, 1960, the Council of the City approved a Redevelopment Plan adopted by the Authority, designated "Redevelop- ment Plan", Dowtown Fast Redevelopment Project, Project Number VA. .R-42; and ~qHEREAS, said Plan contemplate's the acquisition by the Authority of land within the project area as shown on the '"Land Acquisition and Boundary Map" attached thereto as Map Number 3, the clearance of the improvements thereon and the sale and reuse of portions thereof for Commercial purposes, which uses have been d~etermined by the City to be in accogtance with the general plan for the City as a whole and in accordance with certain definite loc,al objectives as to appropriate land uses, all set forth in said Plan; and IqHEREAS, in order for the Authority to effectuate said Plan, the assistance of both the Federal Government and the City is required: namely, of the Federal Government by lending funds needed to defray the gross cost of the project, and upon completion of the project and repayment of such loan, by contributing thirds of the net cost of the project; and of the City, by making certain local grants-in-a,id Cas specified in Title I of the Housing Act of 1949, as amended), as hereinafter provided, in a total amount equal to one-third of the net cost of the project; and WHEREAS, the Authority has applied to the Federal Go~,ernment for financial assistance under said Title I, and it now devolves upon the City to take certain actions and to provide certain grants-in-aid which are estimated, on the basis of surveys and plans heretofore made by the Authority, to be required in the total amount of $1,205,540.00 to satisfy the City's one-third share obligation, and it appears that the City is entitled to a non-cash grant-in-aid credit in the a~unt of $576,422.00 toward this obligation: NOW, THEREFORE, in consideration of the benefits to accrue to the City and its citizens from the project, and of the muU~l covenants hereinafter set forth, the Authority and the City agree as follows: In order to assist the Authority in undertaking the Project, the City agrees to make the following grants-in-aid to the Authority by October 1, 1969. A. Cash Grants-in-Aid To pay the /~uthority the sum of $293,609.00 in cash by January. 1, 1969 and $293,609.00 in cash by October 1, 1969. However, if certain non-cash grant-in-aid credits are all'owed by the Department of ltnsing and Urban Development, subsequent to the execution of this Aoreement, for monies expended by the City of 469 Non-Cash Grants-in-Aid 1. Credit for Purchase of Hospital Site (Section ll2 Credit.) The Authority agrees to give the City non-cash gran't-in-aid credit in the amount of $538,661.00 for monies expended by the Community Hospital of Roanoke Yalley for the purchase of a site on which was constructed the Community Hospital of Roanoke Valley. 2. Credit for Demolition Work Performed by H. ospital The Authority agrees to give the City a non-cash grant-in-aid in the amount of $000.00 for monies expended by the Community Hospital of Roanoke Yailey for demolition work necessary to clear land for the construction of said hospital. 3. Credits for Renewal of Water Meters by City The Authority agrees to give thee City a non-cash grant-in-aid and credit in the amount of $3,750.00 for the removal of water meters within the project area. 4.- Credit for Development of Elmwood Park by City The Authority agrees to give the City non-cash grant-in-aid in the amount of $9,000.00 toward the development of Elmwood Park. This represents 15% of the total City expenditure of $60,000.00 for the improvements of the abutting public park. 5. Construction of Off Site Improvements a. To pay the Authority the sum of $5,565.00 in cash, unless however, the City has caused to be constructed, a retaining wall with railing, concrete stairs and reset exist overflow weir on Bullitt Avenue and the First Street, S. E. connector. Such credits shall not exceed the sum of $5,565.00 in the event the cost is less than said sum that the ~ifference shall be paid in cash by the City to the Authority within six (6) months after the construction of such work. b. To pay the Authority the sum of $18,846.00 in cash, unless however, the City has caused to be constructed or to be placed under construction; Elm Avenue between First Street connector and Elm Avenue bridge. Such credit to include the cost of property acquisition and installation of traffic controls. Such credit shall not exceed the sum of $18,846.00 in the event the cost is less than said sum, difference shall be paid in cash by the City to the Authority within six (6) months after construction ~f such work. c. To pay the Authority the sum of $16,830.00 in cash, unless however, the City has caused to be constructed or nl~d ,,nd~r ~nnctr,,etlnn nd~n,~nt.p ct. nrrn drnin cnnn~.c, tion 47O 6. In addition to above cash and non-cash grant-in-aid, the City agrees to IsY the Authority in cash a sum eStimated to be $?0',910.00 as the ineligible portion of project improvements cost which are listed below: SUMMARY OF PROJECT IMPROVEMENTS* ITEM Street Improvements Sanitary Sewer System Water Distribution System Storm Drainage System TOTAL COST ELIGIBLE PROJECT COST $237,818 Var ies $189 ,165 $ 7,850 Varies $ 6,630 CITY COST $48,653 $ 1,220 $ 22,035 Varies $ 14,955 $ 7,080 $ 61,295 Varies $ 47,33B $13,957 $328,998 $258,088 $70,910 *Includes an addtional 10% for engineering and inspection. 7. Land Conveyance from Authority to City The Authority agrees to sell to the City by July 31, 1969, project land designated as Parcels A, B. Part of Parcel C, Part of Parcel D, Part of Parcel H, on the attached plat entitled, "Property Disposal" (Map No. 9), and attached hereto as Exhibit 1. Such land constitdtes all project land necessary for the widening of Project t~undary Streets. The area of these parcels is 22,915 square feet, and they are to be sold for the estimated sum of $40,477.00. 8. Tax Credit The Authority agrees to give the City a credit against its cash grant-in-aid obligation in the amount of $41,900 in lieu of pay lng City real estate taxes on property it acquired pursuant to this Plan. This cr~d-~t was considered in the calculation in determining the City's cash grant-in-aid under Paragraph A. Thus, if this credit is increased or reduced as provided in Item 11 hereafter, that cash grant-in-aid will be reduced or increased accordingly. 9. Street Vacation The City, in accordance with said Plan, at no cost or expense to the Authority and upon its request, will, insofar as it can lawfully do so, vacate the streets, roads, alleys and other public ways proposed to be vacated as shown on the map entitled "Land Acquisition and Boundary Map" (Map No. 3) and attached hereto as Exhibit 2. The City will further cooperate with the Authority by taking such other lawful actions as may be necessary in the undertaking and carrying out of the project. 10. Obligation Free of Interest The sums payable hereunder by either of the parties hereto to the other shall not bear interest before the respective 471 11. Estimated Fi.q ure. s All non-cash grants-in-aid referred to above are estimated amounts and are subject to redetermination upon approval of actual expenditures by the Department of Housing and Urban Development. 12. Adjustment of One-Third Share After all non-cash grants-in-aid are made and/or provided for by the City under this Agreement, if the Authority determines that the sum of all such grants-in-aid are less than one-third of the total actual project cost, the City shall pay the Authority the difference in cash, = provided, however, that if the Authority determines that the same exceed the City's share of one-third of the total actual net project cost, the Authority shall, if requested by the City, apply the same as credit against the City's obligations in ether projects undertaken by the Authority. IN ~ITNESS WHEREOF, the City, pursuant to the Authority granted by Ofldinance No. 18046, adopted March 11, 1968, and the Authority, pursuant to resolution of its Commissioners adopted the llth day of March, 1968 have respectively caused this Agreement to be duly executed as of the day and year first above written. CITY OF ROANOKE By Mayor ( SE AL ) ATTE ST: City Clerk CITY OF ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY By Chairman ( SE AL ) ATTE ST: Secretary 2. That the Mayor t 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 Ci~ Clerk, be the Agreement of the City of Roanoke. Be it fu'rther or~ined that, an emergency existing, this Ordinan ce be in force and effect upon its passage. APPROVED 472 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of March, 1968. No. 18050. AN ORDINANCE approving certain Rules and Regulations promulgated by the' City's Commissioner of Health pursuant to Section 4 (a) of the Housing and Hygiene Ordinance of the City of Roanoke; and providing for an emergency. WHEREAS, pursuant to the terms of Section 4 (a) of Chapter 9.1 of Title XIII of the Code of the City of Roanoke, 1956, as amended., said Chapter being the Housing and Hygiene Ordinance of the City of Roanoke, the City's Commissioner of Health, with the subsequent approval of the Board of Housing and Hygiene, has heretofore compiled and promulgated certain Rules and Regulations believed to be necessary for the proper enforcement of the provisions of said Chapter, a copy of said Rules and Regulat~ns being on file in the Office of the City Clerk, and WHEREAS, in order that the said Rules and Regulations have the mme force and effect as those other provisions of said Chapter, this Council concurs in the approval of said rules and regulations; and WHEREAS, for the immediate preservation of the public health and 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 ~is Council does hereby approve those certain Rules and Regulations heretofore promulgat by the City's Health Commissioner, pursuant to Section 4 (a) of the City's Housing and Hygiene Ordinance, said Rules and Regulations to have the force and effect provided in Section 4 (a) of said ordi~ce, which said Rules and Regulations are as follows: RULES AND REGULATIONS PROMULGATED PURSUANT TO THE ~gU$ING AND HYGIENE O~INANCE OF THE CITY OF ROANOKE SECTION 1. DEFINITIONS The definitions contained in Section 1 of the Housing and Hygiene Ordinance of the City of Roanoke regulating supplied facilities, maintenance and occupancy of dwellings and dwelling units, together with the definitions contained in this Chapter, shall apply in the interpretation and enforcement of these regulations: (a) Housing Ordinance shall mean the Housing and Hygiene Ordinance of the City of Roanoke regulating supplied facilities, maintenance, and occupancy of dwellings and dwelling units. SECTION 2. PLUMBING AND PLUMBING FIXTURES (Housing Ordinance SECTIONS 5, 7 & ~) No dwelling or dwelling unit shall be deemed to comply with the requirements ef the Housing Ordinance relating to plumbing and plumbing fixtures unless: (a) Ail plumbing is so design~ed and installed as to prevent contamination of the water supply through backflow, back-siphonages, and any other method of contaminati (Subsections 5.a, 5.c, 5.e 7.d 9.g.) 473 (c) Every water supply line is so constructed that there is no possit/lity of a cross connection between a potable and nonpotable water supply. (Subsections 5.a, 5.b, 5.c, 5.e, 7.d, 9.9,) (d) Every water supply line is in good condition and every valve therein is in good working condition. (Subsections 5.a, 5.b, 5.6, 5.e, 7.d, 9.9,) (e) Every water supply inlet is located above the flood level of my installed sink, lavatory, bathtub, or automatic washing machine and similar water-using fixture, or above some unobstructible overflow thereof; and there are no submerged inlets, ~cept submerged inlets installed with a vacuum breaker of a type approved by the Commissioner of Health. (Subsections 5.a, 5.b, 5.c, 5.e, 7.d, 9.g,) (f) The waste line of every water-using fixture is trapped (Subsections 5.a, 5.b, 5.c, 5.e, 7.d, 9.g,) (g) Every waste line drains t~eely without obstruction or leaks. (Subsections 5.a, 5.b, 5.c, 5.e, 7.d, 9.g,) (h) All plumbing .and plumbing fixtures are maintained in good working condtion and all plumbing fixtures are kept clean. (Subsections 5.a, 5.b, 5.c, 5.e, 7.d, 9 .g,) (i) Water pressure is adequate to permit a proper flow of water from all open water faucets at all times. (Subsections 5.a, 5.b, 5.c_, 5.e, 7.d, 9.g,) (j) Every water closet is of the trap type, ~ith facilities for safe and clean flumhing. (Subsection 5.b,) (k) No water closet is of the. so-called "Flush hopper", "Frostproof hopper", or similar type. (Subsection 5.b,) SECTION 3.RUBBISH STORAGE AND DISPOSAL (Housing Ordinance SECTIONS 5 g 9) No dwelling unit shall be deemed to comply with the requirements of the Housing Ordinance relating to rubbish storage and disposal unless: (a) Rubbish stored outdoors is stored in one or more rubbish storage boxes or containers which are flytight, redentproof, nonflammable, and reasonably waterproof, (Subsections 5.f, 9.c,) (b) Rubbish stored in the basement or cell.ar, or in an enclosed structure such as a shed, is stored in nonflammable containers. (Subsections 5.f, 9.c,) (c) No loose rubbish is, placed upon or strewn about on the floor of any basement or cellar or other part of any dwelling, or on the ground surrounding any dwelling. (Subsections 5.f, 9.c,) SECTION 4. GARBAGE STORAGE AND DISPOSAL (Housing Ordinance SECTIONS 5 ~ 9) No dwelling or dwelling unit shall be deemed to comply with the requirements of the Housing Ordinance relating to ~bage and garbage storage and disposal unless: (a) Garbage is disposed of in a garbage incinerator located within the dwelling and installed and operated in a sanitary manner. OR Garbage is disposed of in one or more flytight and watertight metal garbage storage containers equipped with tightly fitting metal covers, no one of which is smaller than 15 gallons in capacity or larger than 30 gallons in capacity. OR 474 (b) Every outside garbage storage container is so maintained and so located on the premises that no odors will permeate any dwelling or dwellino units. (Subsections 5.O, 9 .d, ) (c) Every garbaoe storage contained is cleaned at least weekly. (Subsections 5.0, 9.d,) (d) No loose 0arba0e is placed upon or strewn about on the floor of any basement or cellar or any other part of any dwellin0, or on the 0round 'sur~unding any dwell- in0 (Subsections 5.0, 9.d,) SECTION 5. GAS, FACILITIES ~Housin0 Ordinance SECTIONS 5 & 6) No dwellin0 or dwellin0 unit shall be deemed to comply with the requirements of the Housin0 Ordinance relating to ~as facilities unless: (a) Ail 0as-bumin0 hot water heaters and space heaters are properly vented to a chimney or duct leadin0 to outdoor space. (Subsection 5.h,) (b) Every Oas pipe is sound and ti0htly put to0ether, with no leaks. (Subsecgion 5.h (c) No Oas pipe is corroded or obstructed so as to reduce Oas pressure or volume. (Subsection 5.h,) (d) Every Oas appliance is connected to a gas line with solid metal piping. (SUbsect 5.h,) (e) Gas pressure is adequate to p~mit a proper flow of gas from ail open gas valves at all times (Subsection 5.h,) SECTION 6. ELECTRICAL HIRING AND FACILITIES (Housing Ordinance SECTION 6) No dwelling or dwelling unit shall be deemed to comply with the Housing Ordinance relating to electric wiring and facilities unless: (a) Every exposed electric wire has insulation which is in good condition. (Subsectio 6.d,) (b) Every switch plate and outlet plate is properly fastened in position. (Subsection 6.d) (c) No short circuit or break exists in any electric line. (Subsection 6.d,) (d) Every fixture and outlet functions properly and is properly fastened in place. (Subsection 6.d,) (e) No obvious shock hazard exists. (Subsection 6.d,) (f) No temporary ~irino is used,except extension cords which run directly from portabl~e electric fixtures to convenience outlets, and which do not lie underneath floor-covering materials or extend through doorways, transoms, or other similar apertures through struo.tural elements. (Subsection 6.d,) (0) No electric circuit is overloade~t as a result of connecting appliances which operate at high watta~es to outlets supplied with wire of inadequate size. (Subsection 6.d,) SECTION 7. HEATING AND HEATING FACILITIES (Housing Ordinance SECTION 6) No dwelling or dwelling unit shall be deemed to comply with the requirements of the Housing Ordinance relating to heating and heating facilities unless: on 475 (a) When the dwelling or dwelling unit is heated by a central heating system: (1) The central heating unit is in good operating condition. (2) Every heat duct, s~eam pipe, and hot water pipe is free of leaks and functio so that adequate heat is delivered where intended. (3) Every seal between the sections of a hot air furnace is in good repair. (Subsection 6.d,) (b) When the dwelling or dwelling unit is heated by space heaters: (1) Every space heater burning solid, liquid, or gaseous fuels is properly vente to a chimney or duct leading to outdoor space. (2) Every coal-burning space heater has a fire-resistant panel beneath it. (3) Every space heater located close to a wall is equipped with insulation sufficient to prevent overheating of the wall. (4) Every space heater smoke pipe is equipped with guards made of metal or other nonflammable material at the point where the pipe goes through a wall, ceiling, or partition. (Subsection 6.d,) (c) There are no portable heaters burning solid, liquid, or gaseous fmls. (Subsectio 6.d,) (d) Every smoke pipe and every chimney is adequately supported, reasonably, clean, and maintained in such condition that there will be no leakage or backing up of noxious gases. (Subsection 6.d,) SECTION 8, LIGHTING (Housing Ordinance SECTION 6) No dwelling or dwelling unit shall be deemed to comply with the requiremen! of the Housing Ordinance relating to lighting unless: (a) Every public hall, stairway, and foyer has sufficient lighting through windows or from electric lights to provide illumination of at lest one foot-candle on every part of such areas at all times of the day and night, except as otherwise provided by Subsection 6.e, of the Housing Ordinance. (Subsection 6.e,) SECTION 9. EXCLUSION OF INSECTS AND RODENTS (Housing Ordinance SECTIONS 6, 7 ¢ 9) No dwelling or dwelling unit shall be deemed to comply with the requirement of the Housing Ordinance relating to exclusion of insects and rodents unless: (a) When required by the Housing Ordinance every door opening directly from a dwelling unit to outdoor space is supplied with a screen of not less than 16 mesh per inch and a self-closing device in good operating condition; and every window or or. her device with openings to outdoor space, used or intended to be used for ventilation, is supplied with a screen of not less than 16 mesh per inch. (Subsections 6.f, 6.g, 7.1.b, 9.e, 9.f,) (b) Every basement or cellar window is supplied with a heavy wire screen of not larger than one-fourth inch mesh, which fits tightly and is securely fastened. (Subsections 6.f, 6.g, 7.1,b, 9.e,) 476 SECTION 10. FOUNDATION, FLOORS, WALLS, CEILINGS, AND ROOMS (Housing Ordinance SECTION 7) No dwelling or dwelling unit shall be deemed to comply with the requirement of the Housing Ordinance relating to foundations, floors, walls, ceilings, and roofs unless: (a) The foundat-ion elements adequately support the building at all points. (Subsection 7.1.a,) (b) Every floor is free of holes and wide cracks which might admit rodents, or which constitute a possible accident hazard. (Subsection 7.1.a,) (c) Every floor is free of loose, warped, protruding, and rotting floor boards, (Subsection 7.1.a,) (d) Every exterior wall is free of holes, breaks, loose or rotting boards and timber and any other conditions which might admit rodents, rain, or dampness to the interj. portions of the walls or to the interior spaces of the dwellirg. (Subsection 7.1.a,) (e) Every interior wall and ceiling is free of holes and large cracks. (Subsection 7.1.a,) (f) Every interior wall and ceiling is free ~i'f loose plaster and other structural material, the collapse of which might constitute an accident hazard. (Subsection 7.1.a,) (g) Plaster, paint, and all other surface materials are of such character as to be easily cleanable, and are reasonably smooth, clean, and tight. (Subsection 7.1.8,) ih) The roof is tight and has no defects which admit rain. (Subsection 7.1.a,) SECTION 11. WINDOWS, EXTERIOR DOORS, AND BASEMENT HATCHWAYS (Housing Ordinance SECTION 7) No dwelling or dwelling unit shall be deemed to comply with the requirements of the Housing Ordinance relating to windows, exterior doors, and basement hatchways, unless: (a) Every window is fully supplied with window panes which are without open cracks or holes. (Subsection 7.1.b,) (b) Every window sash is in good condition and fits reasonably tightly within its frame. (Subsection 7.1.b,) (c) Every window other than fixed windows is capable cf being easily opened and held in open position by ~window hardware. (Subsection 7.1.b,) (d) Every exteri or door, door hinge, and door latch is in good condition. (Subsection 7.1 ~ b, ) (e) Every exterior door, when closed, fits reasonah~.y well within its frame. (f) All windows and doors and their frames are constructed and maintained in such relation to wall construction as completely to exclude rain and substantially to exclude wind from entering the structure. (Subsection 7.1.b,) (g) Every basement hatchway is so constructed and maintained as to prevent the entrance of rodents, rain, and surface drainage water into the dwelling. (Subsectio~ 7.1.b,) 477 SECTION 12, STAIRWAYS AND PORCHES (Housing Ordinance SECTION 7) No dwelling unit shall be deemed to comply with the requirements of the Housing Ordinance relating to stairways and porches unless: (a) Every flight of stairs and porch is free of holes grooves, and cracks which are large enough to constitute possible accident hazards. (Subsection 7.1.c,) (b) Every stair well, and every flight of stairs which is more than two risers high has rails not less than 2 feet, 6 inches, measured vertically from the nose of the treads to the top of the rail, and every porch which is more than two risers high has rails not less than 3 feet, 6 inches above the platform. (Subsection 7.1.c,) (c) Every rail and baluster is firmly fastened and is maintained in good condition. (Subsection 7.1.c,) SECTION 13. WATER CLOSET COMPARTMENT AND BATHROOM FLOOR (Housing Ordinance SECTION 7) No dwelling or dwelling unit shall be deemed to comply with the requirements of the Housing Ordinance relating to water zloset compartment and bathroom floors unless: (a) Every water closet compartment floor and bathroom floor is made of terrazzo, tile smooth concrete, dense hardwood with tightly fitting joints, rubber, asphalt tile, linoleum, or other similar material providing a Surface which is reas~ably impervio to water and is easily cleanable; OR Such floor is made of one of the denser soft woods, with tightly fitting joints, and is covered with varnish, lacquer, or otker similar coating providirg a surface which is reasonably impervious to water and is easily cleanable. (Subsection 7.1.e,) SECTION 14 GENERAL SANITATION (Housing Ordinance SECTION 9) No dwelling or dwelling unit shall be deemed to comply with the requirements of the Housing Ordinance relating to general sanitation unless: (a) Every floor and floor covering is kept reasonably clem and is not littered or covered with dirt, dust, garbage, human or animal fecal matter, or any other insanitary thing. (Subsections 9.a, 9.b,) (b) Every wall and ceiling is reasonably clean and is not 1.ittered or covered with dust, dirt, cobwebs, or greasy film. (Subsections 9.a, 9.b,) (c) No stagnant water is allowed to accumulate or stand anywhere about the premises (Subsections 9.a, 9.b,) (d) No :flight of stairs has settled more than one inch out of its intended position or has pulled away from supporting or adjacent structures. (Subsection 7.1.c,) (e) No flight of stairs has rotting or deteriorating supports. (Subsection 7.1.c,) (f) The 1reads of every flight of stairs are uniform in height. (Subsection 7.1.c,) (g) Every stair tread is sound and is securely fastened in position. (Subsection 7.1.c,) (h) Every stair tread is strong enough to bear a concentrated load of at least 400 pounds without danger of breaking through. (Subsection 7.1.c,) (i) Every porch has a sound floor. (Subsection 7.1.c,) 478 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 18th day of March, 1968. No. 18043. .AN ORDINANCE to amend TiUe XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, and Sheet No. 421, Sectional 1966 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have Lots 1, 2 and 3, Block 35, McDonald Addition, Official Tax Nos, 4210301, 4210302 and 4210303, located on the north side of Wise Avenue, S. E., between 18th Street and 20th Street (20th Street now ~acated, discontinued and closed), rezoned from RD, Duplex Residential District, to LM, Light Manufacturing District; and WHEREAS, the City Planning Commision by a vote of 3 to 2 has recommended that the hereinafter described lam not be rezoned from RD, Duplex Residential District, to LM, Light Manufacturing District; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 71, Chapter 4.1, Title XV~ of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, have been published and posted as required and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the llth day of March, 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 opportmity to be hea~ both for and against the proposed rezoning; and WHEREAS, this Council, after considering the evidence as herein provided, is of the opinion that the hereinafter described land should be rezoned. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, and Sheet No. 421 of the Sectional 1966 Zone Map, City of Roano~, be amended in the following particular and no other, viz.: Property located on the north side of Wise Avenue, S. E., between 1Bth Street and 20th Street, described as Lots 1, 2 and 3, Block 35, McDonald Addition, and being designated on Sheet 421 of the Sectional 1966 Zone Map, City of Roam ke, as Official Tax Nos. 4210301, 4210302 and 4210303, be, and is hereby, changed from RD, Duplex Residential District, to LM, Ligh~ Manufacturing District, and that Sheet No. 421 of the aforesaid map be changed in this respect. APPROVED ATTEST: / City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of March, 1968. No. 18044. AN ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, and Sheet No. 277, Sectional 1966 Zone Map, City of Roanoke, in relation to Zoni~. WHEREAS, application has been made to the Council of the City of Roanoke to have real property described as part of Lot 4 and all of Lots 5, 6, 7, 8 and 9, M. S. Clark Map, and being Official Tax Nos. 2770203, 2770202 and 2770201, rezoned from C-i, Office and Institutional District, to C-2, General Commercial District; az WHEREAS, the City Planning Commission has recommended that the hereinafter described land be rezoned from C-i, Office and Institutional District, to C-2, ~eral Commercial District; and WHEREAS, the written notice and the posted sign required to be publi~ ed and posted, respectively, by Section 71, Chapter 4.1, Title XV, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, have been published and post as required and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the llth day of March, 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 T~. e Code of the City of Roanoke, 1956, as amended, relating to Zoning, and Sheet No. 277 of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz.: Property located on Peters Creek Road described as part of Lot 4, and all of Lots 5,6, 7, 8 and 9, M. S. Cla~ Map, designated on Sheet No. 277 of the Sectional 1966 Zone Map, City of Roanoke, as Offici~ Tax Nos. 2770203, 2770202 and be, and is hereby, changed from C-i, Office and Instj~tutional District, to C-2, General Commercial District, and that Sheet No. 277 of the aforesaid map be changed in this respect. ~ P P R 0 V E D 479 7020L 480 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIa, The 10th day of March, 1968. No. 18052. AN ORDINANCE to amend and reordain Section =75, "Recreation, Parks and Recreational Areas," of the 1967-68 Appropriation Ordinance, and proving for an emergency. WHEREAS, for the ~ ual daily operation of the Munici pal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE 'IT ORDAINED by the Council of the City of Roanoke Section ~75, "Recreation,Parks and Recreational areasV of the 1967-68 appropriaQon 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) ............. $ 26,690.00 (1) Net increase for trophies $695.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED aTTEST: City Clerk Mayor IN THE COUNCIL OF THE 'CITY OF ROANOKE, VIRGINIa, ~ The 18th day of March, 1968. No. 18053. AN ORDINANCE 'to amend and reordain Section =14, "Personnel," Appropriation Ordinance, and providing for an emergency. 'wHEREAS, for the usual daily operation Of the Municipal Go~ernment of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =14, "Personnel," of the 1967-66 appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: PERSONNEL =14 Fees for Professional and Special Services (1) .......................... $ 3,988.00 (1) Net increase $3,788.00 BE IT FURTHER ORDAINED that, an eme',.xjency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: of the 1967-6~ II 481 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of March, 19'68 No. 18054. AN ORDINANCE to amend and reordain Section ~71, "Garage," 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 =71, "Garage," of the 1967-68 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: GARAGE ~71 Maintenm ce of Machinery and Equipment (1) ............................ $110,000.00 (1) Net increase $10,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of March, 196B. No. 18055. AN ORDINANCE authorizing and providing for. the acquisit ion ~ a 520.91 square foot parcel of land located on the southerly side ~ Oranqe Avenue, N. E., being a port~on of Lot 21, Block 19, according to the Map of Jackson Park, upon certain terms and condtions, for street purposes; and providing for an emergency. WHEREAS, in the widening and improvement of Orange Avenue, N. E., it is necessary to acquire the land hereinafter described in order to properly widen said Avenue, and to install a sanitary sewer trunk line adjacent to said public thoroughfare; and WHEREAS, the Council is advised that Robert E. and Flora R. Reynolds, owners of the land abutti~ said street tm e offered to grant and convey to the City a 520.91 square foot parcel of their Land, sufficient for the aforesaid purposes, for the consideration of $450.00 cash, and, funds sufficient to pay the cost of the land hereinafter authorized to be acquired have been or are beino appropriated by the Council; and 482 WHEREAS, for the usual daily operation of the municipal Government ~ emerG 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 Robert E. and Flora R. Reynolds to Grant and convey to the City in fee simple, in consideration of the sum of $450.00 cash, that certain 520.91 square foot parcel of land lyinG on the south line of OranGe Avenue, N. E., and being a portion of Lot 21, Block 19, according to the Map of Jackson Park, as the same is shown on Plan No. 5026 prepared in the Office of the Cit EnGineer under date of September 5, 1967, a copy of which said Plan No. 5028 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 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, and the City Auditor is hereby authorized and directed to issue and deliver to the City Attorney for' disbursement, 'the City's check in the amount of $450.00, payable to Robert E. and Flora R. Reynolds, in consideration of the above conveyance. BE IT FURTHER ORDAINED that, an emerGency existing this ordinance be in full force and effect upon its passage. APPROVED ATTE ST: F/ Citl Cl'irk / : ' ° IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of March, 1968. No. 11~056. AN ORDINANCE authorizing and providing for the acquisition of a 307.5 square foot parcel of land at the southerly corner of 20th Street, N. E., as the same intersects the northerly line of Eastern Avenue, upon certain terms and conditions, for street purposes; and providing for an emergency. WHEREAS, in order to improve the connection of 20th Street, N. E., with Eastern Avenue, in connection with the City's cmstruction of Eastern Avenue, it is necessary to acquire the land hereinafter described in order to properly round the corner of said street intersection; and WHEREAS, the Council is advised that Marvin T. and Helen W. Moore, owners of the land abutting said street intersection, have offered to Grant and convey to the City a 307.5 square foot parcel of their land sufficient for the aforesaid purpose, for the consideration of $35.00 cash, and for the usual daily operation of the municipal government an emergency is decl~d to exist in o~der that this ordinance tske effect upon its passage. ncy 483 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that said City doth hereby accept the offer of Marvin T. and Helen W. Moore to grant and conve, to the City in fee simple that certain 307.5 square foot parcel of land lying at the southerly corner of 20th Street, N. E., as the same intersects the northerly line of Eastern Avenue, and as is shown on Plan No. 5086, prepared in the Office of the City Engineer under flare of February 19, 1968, a copy of which said Plan No. 5086 is on file in the Office of the City Clerk; and the City Attorney is hereby directed to prepare and tender to said owner for execution and delivery back to the City a proper &eed of conveyance in the premises; and thereafter and upon execution and acknowledg of said deed, the same shall be offered for recordation in the local Clerk's Office, and the City Auditor is hereby authorized and directed to issue and deliver to the City Attorney for disbursement the City's check in the amount of $35.00, payable to Marvin T. and Helen W. Moore, in consideration of the above conveyance. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in full force and effect upon its passage. APPROVED ATTEST: / / City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of March, 1968. No. 18057. A RESOLUTION authorizing the City Manager to approve three (3) metered water connections to ceftin 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 existing ~ater mains of the City, have made application to the City to have tkeir premises 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 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, md 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 following premises or locations: ent '484 ia) 3430 Ashmeade Drive, S. W., designated Lot 4, Block 9, Section 3, according to Map of Georgetown Park; (b) 3408 Greencliffe Road, S. W., designated Lot 12, Block 8, Section 3, according to Map of Georgetown Park; and (c) A newly established lot on Magnolia Road, desigoated Lot 6, Block 6, Section 3, according to Map of Plantation Court; 11 such ponnections 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 ~ESOLVED that this resolution shall not be construed as abrogating or changing in any way the policy heretofore established by Co]ncil in its Resolution No. 16855. APPROVED ATTEST: Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of March, 1968. No. 18058. AN ORDINANCE authoriztfig and providing for the acquisition of a 0.0339 acr~ parcel of land at the northwest corner of Oakland Boulevard, N. W., and Williamson Road, upon certain terms and cond~ions, for street purposes; and proviling for an emergency. WHEREAS, in order to improve the connection of Oakland Boulevard, N. W., with Williamson Road, in connection with the City's improvement of Oakland Boulevard it is necessary to acquire the land hereinafter described in order to properly widen said Oakland Boulevard, and to round the corner of said street intersection; and WHEREAS, the Council is advised that Samuel F. Driv~ and Elizabeth K. Driver, owners of the land abutting said street intersection, have offered to grant and convey to the City a 0.0339 acre parcel of their land, sufficient for the aforesaid purpose, 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 sidewalk along their residue property on both Oakland Boulevard and Williamson Road; 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. 485 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke tM t said City do~ hereby accept the written offer of Samuel F. Driver and Elizabeth K. Driver to grant and convey ~ the City in fee simple that certain 0.0339 acre parcel of land lying at the northwest corner of the intersect'ion of Oakland Boulevard, N. W. and Williamson Road, as the same is shown on a map or plat prepared in the Office of the City Engineer under date of February 21, 1968, a copy of which said map or plat 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 conveyance in the premises; and thereafter and upon execution and acknowledgement of said deed, the same shall be offered for recordatio in the local Clerk's Office, a£ter which the City Manager is hereby authorized and directed to cause to be installed, at no cost to the said landowners, curb, gutter and sidewalk of standard specifications adjacent to their residue property along Oakland Bou~ard, N. W., and Williamson Road. 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 18th day of March, 196B. No. 18059. AN ORDINANCE directing and providin9 for the mquisition 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 acquis~ion; 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 portio of Franklin R~ d, S. W., U. S. Route 220, in ~¢cordance with certain plans therefor heretofore approved as Proiect 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 th e aforesa project, are among those wanted and needed by the City for the purpo$~ aforesaid, certain of said properties being needed to be acquired in fee simple and the City r 486 WHEREAS, the City has caused appraisals to be made of the f~r 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 aforesa~ 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 ~ s passage, THEREFORE, BE IT ORDAINED by the Council of the City of Rom oke as follows 1. That the said City of Roanoke wants and needs for the purpose of its widenino and improvement of a ~rtion of Franklin Road, S. W., U. S. Route 220, and t 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 following describ d 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 032, ~ing approximately 1140 square feet of land in fee simple and a temporary construction easement in an additional 456 square foot area of land, all in Offic~l Tax No. 1300520, from E. J. Harris,or its lawful owner,for the total sum of Parcel 038;, being approximately 54 square feet of land in fee simple, a perpetual easement for public storm drain purposes in an additional 180 square foot area of land, and a temporary construction easement in an additimal 620 square foot area of land, all in Official Tax No. 1290218, from C. Cecil Flora, and others, or its lawful owner, for the total sum of Parcel 046 and Parcel 047, being approximately 4188 square feet of land in fee simple, a perpetual easement for public drain purposes in an additional 300 square foot area.of land, and a temporary construction easement in an additional 7793 square foot area of land, all in Official Tax No. 1300413, from Richard G. West, or its la~ful owner, for the total sum of $2,055.00 $ 362.00 $3,853.00 487 Parcel 055, be in~ approximately BBB square feet of land in fee simple and a temporary construction easement in an additional 298 square foot area of land, all in Official Tax No. 1300514, from Eugene Knighton, or its lawful owner, for the total sum of $1,622.00 Aggregate of all above considerations: $7,892.00 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 her einabove 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 suffic~ncy 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 iud, 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 C~y condemnation proceedi .n ls 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, t,he City Attorney is hereby authorized and empowered to make motion on behalf of the City for entry of an order p~ suant 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 autho~zed and directed to draw and make payment into such court wherein said condemnation proceedings may be pending the am hereinabove authorized ~ 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. APPROVED ATTE ST: .d, , 488 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of March, 1968. No. 18060. A RESOLUTION approving and coasenting to the conveyance of a certain 9.86 acre tract of land owned by the City to Macke Properties, Inc.,upon certain terms and conditions. WHEREAS, pursuant to certain of the terms and provisions set out and contained in Ordin~ ce No. 17765, heretofore adopted by the Council on October 9, 1967, the Council authorized the granting of an option to purchase a certain 9.88 acre tract of land owned by the City to The Macke Company, or to a subsidiary of sai said option, if exercised, and the conveyance to follow to be made expressly subject to certain covenants and cmditions more particularly set out in said Ordinance No. 17765; a~ WHEREAS, the Macke Company has heretofore on January 26, 1968, given written notice of its decision to exercise said option to purchase, tendered the purchase price authorized in said Ordinance No. 17765, and requested that the City make conveyance of the real eatate in question to Macke Proper~es, Inc., a wholly-owned subsidiary of The Macke Com~ny. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that ~ Council doth approve and consent to the conveyance of that certain 9.08 acre tract owned by the City, authorized in Ordinance No. 17765 to be conveyed to The Macke Company, to Macke Properties, Inc., a wholly-owned subsidiary company of the said The Macke Company, said conveyance in the premises to be made by delivery of a good and gufficient deed of conveyance, drawn and ~pproved by the City Attorney, said deed to be executed and acknowledged by officials on behalf of both Macke Properties, Inc., and The Macke Company in evidence of their consent and agreement to the covenants, restrictions, conditions and/or easements set out a~ referred to in Ordinance No. 17765 and to be specifically set out in the City's deed of conveyance. BE IT FURTHER gESOLVED that the City Clerk do forthwith transmit attested copies of this Resolution to officials or both Macke Properties, Ink, ~d The ~acke Company. ATTEST: /t P P R 0 V E D Z. City Clerk M~y or company, 489 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The loth day of March, 1960. No. 18061. AN ORDINANCE accepting the proposal of W. L. Draper t/a Draper Constructio Company for performing certain miscellaneous, small area improved hard surface street and sidewalk restoration; authorizing the proper City offic~ls to execute the requisite contract; rejecting all other bids; and providing for an emergency. WHEREAS, at the meeeting of the Council held on March 11, 1968, and after due and proper advertisement had been made therefor, four (4) bids for per tyrming street and sidewalk restoration occasioned by the normal daily operations of the City's Water Department were received and were opened and read before the Council, whereupon all said bids were referred to a committee for tabulation and study and for the reoommendation to be made thereon to the Council; and WHEREAS, said committee has ~eported to the Council in writing its tabulation of said bids, from which and upon said committee's report it appears that the bid of W. L. Draper t/a Draper Constructk~ Company, in the sum of $52.,667.20, based on estimated quantities, is the lowest and best bid received by the City for the performance of said work; and WHEREAS, sums Sufficient to pay for the cost of the contract hereinafter authorized have been or are being appropriated by the Council for the purpose; and for the usual daily operation of the Water Department, a department of the municipal government, an emergency is set forth and declared to ed st. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows 1. That the proposal of W. L. Draper t/a Draper Construction Company for performing miscellaneous, small area improved hard surface street and sidewalk restoration occasioned by the normal daily operation of the Water Department, in ful accordance with the City's plans and specificat~ns and during the period of time mentioned in said specifica~ons, at the unit prices and for not more than the estimated sum of $52,667.20, which proposal is on file in the office of the City Clerk, be, and said prop~al 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 th is ordinance, the form of wh~ h said contract shall be approved by the City Attorney; and 3. That the pro p~als of the three other bidders for the performance of said work be, and the same are hereby REJECTED; the City Clerk to so notify said other bidders and to express to each the City's appreciation of said bid. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in full force and effect upon its passage. A P P R 0 V E D 490 IN THE COUNCIL OF THE CITY OF ROANDKE, VIRGINIA, The 18th day of March, 1968. No. 18062. A RESOLUTION authorizing the refund of $200.00 heretofore paid to the City for the lease of certain real property located in Botetourt County, Virginia. %~IEREAS, pm~uant to the provisions of Ordinances Nos. 1~734, 14729 and 16171 the City has since June of 1956, leased approximately 62 acres of land locate( near Coyner Springs in Botetourt County, Virgin~, to Max A. and W. Kent Murray, trading as Murray Orchards, for the primary purpose of 9~in9 livestock; 8nd WHEREAS, in partial consideration of the City's leasing of the above 62 acres of 18nd, by 8n instrument dated January 21, 1965, to be for 8 term of three years, commencin9 8s of January 1, 1965, representatives of Murray Orchards did, on January B, 1965, tender to the City 8 check in the 8mount of $200.00, which check ~as s~cep~ed by,the City and deposited in its 9eneral fund~ ~nd WHEREAS, subsequent to said payment 8nd befgre the lessees had begun to utilize the 18nd for those purposes contemplated in the Iease 89reement, the City undertook to make certain improvements to the roadway leadin9 to the City's Detention Home and Nursing Home, wh~ h roadway borders ~ par~ of the 8bore 62 acres 8nd in so ~in9 found it necessary to remove the existin9 fences on the west side of said roadway, ~11 of which rendered the said 62 acres of 18nd unusable to the said lessees for 9razin~ purposes; 8nd WHEREAS, the. City Man89er h~s recommended that the partial cons~ erstion of $200.00 heretofore tendered to ~nd accepted by the City by ~urrsy Orchards, be refunded, and th~at the lease of said property be cancelled ~ mutual consent of the parties thereto, in ~hich recommendation the Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Citj Auditor is hereby authorized 8nd directed, upon the request, o'f the City Man89er, to draw 8nd deliver to the latter the City's check in the 8mount of $200.00, made payable to Murray Orchards, representin9 refund in full of the patti8 consideration heretofore tendered by Murray Orchards for the leasin~ of 62 acres of the City's land near Coyner Sprin~s, Virginia, and the City Manager is hereby directed to trsnsmit s8id 'check to represent8tives of ~nrr8y Orch8rds, 8fter which the ssid le8se of s8id 18nd sh8ll,be considered termin8ted snd of no further force or effect, by mutu8l consent of the psrties thereto. APPROVED ATTE ST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of March, 196[~. No. 18063. AN ORDINANCE authorizing and providing for the acquisition of a strip of land, five feet in width, extendin9 approximately 150 feet in a southwesterly direct along Spring Hollow Road. from the intersection of the west line of Williamson Road and the north line of Spring Hollow Road, ~oon certain terms and condi[ions, for street purposes; and providing for an emergency. WHEREAS, in order to widen Spring Hollow Road to a 50 foot wide street it necessary to acquire the land hereinafter described, and the Council is advised that R. L. Breeden and [~a H. Breeden, owners of the land abutting said street, have offered to grant and convey to the City a strip of their land, five feet in width and 150 feet in length, for the nominal consideration of $1.00 cash, and for the further consideration that the Ci.ty furnish without cost to the said owners curb and gutter of standard specifications along their residue property on Spring Hollow Road and WHEREAS, for the usual daily operation of the municipal 9overnment a~ 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. L. Breeden and Louisa H. Breeden to grant and convey to the City in fee simple that certain strip of land, five feet in width and extending approximately 150 feet in a southwesterly d(irection along Spring Hollo Road from the intersection of the west line of Williamson Road and the north line of Spring Hollow Road, for the nominal cons id¢at ion of $1.00, ca~h, and for the further consideration that the City furnish without cost to said owners curb and gutter of standard specifications along their residue property on Spring Hollow Road; and the City Attorney is hereby directed to prepare and to tender to said owner for executio: 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 to be installed, at no cost to the said landowners, curb and gutter adjacent to their residue property along Spring Hollow Road. BE IT FURTHER ORDAINED that, an emergency existing this ordinance be in full force and effect upon its passage. ATTE ST: < ' y Clerk APPROVED Mayor )n 492 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of March, 1968. No. 18051. 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 property located on the southeast side of Whitney Avenue, N. W., west of Hubert Road, described as Lots B, IA, lB and lC, Block 1, Church Court, Official Tax Nos. 2200205, 2200206, 2200239 and 2200240, rezoned from RD, Duplex Residential District, to RG-1, General Residential District,; and WHEREAS, the City Planning Commission has recommended that the hereinaftel 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, respecgiVely, by Section 71, Chapter 4,1, Title XV, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, bare 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 1Bth day of March, 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 Counc il,, after considering the evidence as herein provided, is of the opinion that the hereinafter described land should be rezonad. 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 southeast side of Whitney Avenue, N. W., west of Hubert Road, described as Lots B, IA, lB and lC, Block 1, Church Court, designated on Sheet 220 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax Nos. 2200205, 2200206, 2200239 and 2200240,be, and is hereby, changed from RD, Duplex Residential District, to RG-1, General Residential District, and that Sheet No. 220 of the aforesaid map be changed in this respect. APPROVED ATTEST: C/~/i t y/ Clerk M~jor II IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of March, 1968. No. 18064. AN ORDINANCE reamending and reordaining Section 36, 'Article VI, Chapter 4.1, of Title XV, relating to Zoning, of the Code of the City of Roanoke, 1956, as amended, which section provides certain regulations applicable to nonconforming lots of record, and sets out and prescribes the uses permitted to be made of such lots; and providing for an em~ency. WHEREASt the City Planning Commission has heretofore, on its own motion, proposed the further amendment of Section 36, Article VI, Chapter 4.1 of Title XV of the Code of the City ~ Roano~, hereinafter provided, relating to certain zoning regulations, and transmitted said proposal to the City Council; and WHEREAS, pursuant to the provisions of Sec. 70 and Sec. 71, Chapter 4.1, ct 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 March, 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 Section 36. Nonconforming Lots of Record, Article VI, Chapter 4.1, of Title XV, relating to Zoning, of the Code of the City of Roanoke, 1956, as amended, which section provides certain regulations applying to nonconformin la s of record and sets out and prescribes the uses permitted to be made of such lots should be reamended as proposed and as set out in the notice of said public hearing and as hereinafter provided; and WHEREAS, for the ~ ual 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. 3 Nonconforming Lots of Record, Article VI, Chapter 4.1, of Title XV, relating to Zoning, of the Code of the City of Roanoke, 1956, as amended, providing certain regulations as to nonconforming lot s of record and prescribing the uses permitted to be made of such lots, be, and said section is hereby reamended and reordained, to rea and provide as follows: Section 36. Nonconforming Lots of Record. · In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory building may be erected on any single undeveloped lot of record at the time of passage or amendment of this ordinance, provided that such lot cannot be combined with another adjoining undeveloped lot or lots under the same ownership in order to establish a lot or lots conforming to the requirements of this ordinance. 49'4 In any district in which duplex dwellings are permitted, a duplex and customary accessory building may be erected on any single undeveloped lot of record at the time of passage or amendment of this ordinance, provided that such lot cannot be combined with another adjoining undeve~ped lot or lots under the same ownership in order to establish a lot or lots conforming to the requirements of this ordinance. These provisions shall apply even though such lot fails to meet the requirements for area or width, or both, generally applicable within the district, provided that yard dimensions and other requirements except those applying to area or width of the lot, or both shall be complied with as for other residences in the same district, unless the Board of Zoni~ Appeals shall issue a variance. If two or more undeveloped lots or combinations of lots and portions of lots with continuous frontage under single ownership are of record at the time of passage or amendment of this ~dinance, and if all or part of the lms do not meet the minimum requirements for lot width and area herein established, the lots involved shall be considered an undivided parcel fgr the purposes of this ordinance, and no portion of such lots or parcel shall be used or sold in a manner to diminish compliance with the requirements of this ordinance as to lot width and area, nor shall any resubdivision of the parcel be made wh,i~h leaves remaining, in single ownership, two or more lots or combinations of lots with' continuous frontage any one of which has less than the width or area required of lots in such subdivision, unless a waiver of such requirements be made by the Subdivision Agent, upon application and for good cause shown pursua~ to the City's land subdivision regulations. BE IT FURTHER ORDAINED that, an emergency existino, 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 25th day of March, 196B. No. 18065. AN ORDINANCE to amend and reordain Sec. 5. When personal property and capitation taxes payable, Sec. 6. Penalties for failure to pay current taXes, and Sec. 10. Taxation of public service corporations, of Chapter 1. Current Taxes, Title VI. Taxation, of the Code of the City of Roanoke, 1956, relating to the time of payment of tangible personal property taxes, penalties for failure to pay current real estate and tangible personal property taxes and to the payment by public service corporations of 6urrent real estate and tangible personal property taxes, respectively; and providing for an'emergency. 495 WHEREAS, the Council deems it necessary and advisable to make provision changing the date on or before which tangible personal property taxes imposed in Sec. 1, Chapter 1, Title VI of the Code of the City of Roanoke, 1956, for the tax year 1969 and thereafter shall be due and payable, without penalty, and in so doing, to amend and reordain Sec. 5, Sec. 6 and Sec. 10, Chapter 1, Title VI of the afore- said Code, as hereinafter provided; and WHEREAS, for the usual daily operation of the munidpal 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 ~hat Sec. 5, When personal property and capitation taxes payable, Sec. 6. Penalties for failure to pay current taxes, and Sec. 10. Taxation of public service corporatio of Chapter 1. Current Taxes, Title VI. Taxation, of the Code of the City of Roanoke, 1956, be amended and reordained to read and provide as foll~as: Sec. 5. When personal property taxes payable. City taxes on per s~al property shall be due and payable on or before the first day of May of the year in which such taxes are assessed, and must be paid on or before said date to avoid penalty, Sec. 6. Penalties for failure to pay current taxes. Any person who shall fail to pay to the city treasurer on or before ~pril fifth, June fifth, September fifth and December fifth of each year, the quar~rly installment of real estate taxes beco$ing due and payable on or before March first, June 1st, September first and November first, respectively, as provided by section 3 of this chapter, and any person who shall fail to pay to the city treasurer on or before May first of each year the tangible personal property tax then due and payable as provided by section 5 of this chapter, shall be assessed and shall pay a penalty of five per cent on the amount of such unpaid installment or tax, as the case may be. Interest at the rate of sig per cent per annum shall be assessed and col~ cted on the principal and penalties of all such taxes and levies remaining unpaid from the date now fixed or hereafter fixed by general law for the payment of interest on delinquent taxes. Sec. 10. Taxation of public service corporations. The assessment by the state corporation commission of the real estate and tangible personal property of public service corporations for the preceding year shall be taken as the assessment of such ~operties for levying taxes and, in the case of real estate taxes, for the payment and collection of installments of such taxes until the regular annual assessment of such properties by said commission for each current year is completed as prescribed by law. The tangible personal property taxes of such corporations shall become due and payable on or before May first during the year for which the same are assessed. The taxes upon the real estate and real estate improvements of such corporations shall be due and payable during the year for wh~h the same are assessed, in fo~ installments, as fo~ows: Until the regular assessment of such properties by said commission for the current year is completed, one-fourth of the taxes on the total real estate assessment for the preceding year shall be paid on br before March thirty-first, a like amount on or before June thirtieth, and a like amount on or before September thirtieth, and any tax balance for the current year shall be paid on or before December fifth of said year, at which time of payment of said last installment the total of such real estate and personal property taxes for the current year shall be adjusted between the city and any public service corporation affec~ed on the basis of the assessment by said 496 Any public service corporation which shall fail to pay to the city treasurer all taxes on or before the dates when they are required to be paid hereunder shall pay a penalty of five per cent on the amounts of such unpaid installments. Interests at the rate of sii per cent per annum shall be collected upon the principal and penalties of all such taxes and levies remaining unpaid from the date now fixed or hereafter fixed by general law. All provisions of sections 1 to 10 of this chapter, not in conflict herewith, shall apply with equal force and effect upon public service corporations as upon other persons, firms and corporations. The provisions of this section are subject to all the provisions contained in section 58-849, of the Code of Virginia, 1950, relating to amendments of assessments by the commission upon proper application filed with it.. BE IT FURTHER ORDAINED by the Council that, an emergency existing, 'this ordinance shall be in force and effect on and after January 1,1969, and shall apply to the City's real estate and tangible personal property tax revenues and assessment for the tax year 1969 and thereafter; but the provisions herein contained shall not be deemed or construed to amend, repeal or in any~i~e affect the pr'ovlsions of Sec. 5, Sec. 6 or Sec. 10 with respect to any real estate or tangible personal property taxes payable to the City for any tax year prior to January 1, 1969. APPROVED ATTE ST: / City Clerk May or IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of March, 1968. No. 18066. AN ORDINANCE to amend and reordain Sec. 2. Amount of tax; to be paid by purchaser, of Chapter 3. Utility Service Tax, Title VI. Taxation, of the Code of the City of Roanoke, 1956,imposing and fixing the rate of tax to be paid by purchasers of certain utility services furnished in the City on and after July 1, 1968; providing for the effective date of thh ordinance; and providing for an emergency. WHEREAS, the Council deems it necesary and advisable for certain purposes of the City to increase by an adcli[ional five percent, (5%), for the period commencin July 1, 1968, and extending through June 30, 1970, the rate of excise tax imposed upon purchasers of utility services in the City as provided in Sec. 2., Chapter 3, Title VI of the .Code of the City of Roanoke, 1956, thereafter and comencing on July 1, 1970, the rate of such tax to be as now provided; and WHEREAS, for the usual daily operation of the mu~cipal 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 ~¢~ h., nC Ch~ntor R llt.~lltv Servi~ Tax. J Sec. 2. Amount of tax; to be paid by purchaser. There is hereby imposed and levied by the city upon each and every purchaser of a utility service during the period commencing July 1, 1968, and extending through June 30, 1970, a tax in the amount of twenty percent (20%) of the charge made by the seller against the purchaser with respect to each utility service, and there is hereby imposed and levied by the city upon each and every purchaser of a utility service on and after July 1, 1970, a tax in the amount of fifteen percent, (15%), of the charge made by the seller against the purchaser with respect to each utility service, which tax, in every case, shall be col- lected by the seller from the purchaser and shall be paid by the purchaser unto the seller for the use of the city at the time that the purchase price or such charge shall become due and payable under the agreement between the purchaser and the seller; provided, however, that during the periods from October first of each year through May thirty-first, next following, the tax hereinabove imposed shall not be deemed to apply to that part of the charge in excess of fifteen dollars per month made by any seller of electricity to a purchaser thereof under a domestic service contract who uses such electricity as the principal source of space heating in private homes or private residential units; nor, durin9 such annual periods, shall the tax herein above imposed be deemed to apply to that part of the charge in excess of ten dollars per month made by any seller of gas to a purchaser thereof under a domestic service contract who uses such gas as the principal source of space heating in private homes or private residential units; nor shall said tax be deemed to apply to the charge made by any seller of electricity or 9as to a purchaser thereof under a domestic service contract who uses such utility solely as the principal source of space heating in a private home or private residential unit and for no other purpose. BE IT FURTHER ORDAINED by the Council that, an emergency existing, this ordinance shall be in force and effect on and after July l, 1968. APPROVED ATTEST: ,/City Clerk M ay.o r IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of March, 1968. No. 18067. AN ORDINANCE 'to amend and reordain Sec. 3. Levy; purpose, of Chapter 8, License Tax Code, Title VI. Taxation, of the Code of the City of Roanoke, 1956, relating to annual license taxes on the persons, businesses, professions, trades, occupations and subjects set forth in said chapter; providing for the effective date of this ordinance; and providing for an emergency. WHEREAS, the Council deems it necessary and advisable for certain purpose of the City to increase by an additional ten percent, (10%), for the period com- mencing January 1, 1969, and extending through December 31, 1970, the amount of license taxes imposed in Chapter 8, Title VI, of the Code of the City of Roanoke, 1956, on the persons, businesses, professions, trades, occupations and subjects set forth in said chapter, thereafter and commencing on January 1, 1971, such license taxes to be as now provided; and 498 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 at the time hereinafter provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec. 3. Levy; purpose, of Chapter 8. License Tax Code, Title VI. Taxation, of the Code of the City of Roanoke, 1956, be amended and reordained to read and provide as follows: Sec. 3. Levy; purpose. For the privilege of doing business or operating in the city, there are hereby levied and there shall be assessed and collected the annual license taxes on the persons, businesses, professions, trades, occupations and subjects, set forth in this chapter for each and every license tax year until otherwise changed, which license taxes shall be for the support of the city government, the payment of the city debts and interest thereon and for other municipal purposes; provided, however, that in each of the license tax years 1969 and 1970, that is, commencing on January 1, 1969, and extending through December 31, 1970, there is hereby levied and imposed on and there shall be assessed and collected from the persons so licensed under the provisions of this chapter, and as a part of the license tax imposed by this chapter, an additional license tax in an amount equal to ten percent (10%), of the annual license tax otherwise provided in this chapter to be assessed on and paid by such person, which additional tax shall be for municipal purposes; provided, further, that no such license tax shall exceed any express limitation provided by general law on the power of the city to levy and impose or to increase local license taxes. BE IT FURTHER ORDAINED by the Council that, an emergency existing, this ordinance shall be in force and effect on and after January 1, 1969. APPROVED ATTEST: / City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of March, 1968. No, 18068. AN ORDINANCE 'levying a tax on transients obtaining lodging in hotels, inns and other places where a charge is made for such lodging; fixing the period of time during which the tax herein imposed shall be effective; defining transients, hotel, etc.; fixing the amount of said tax; providing for the collection thereof; prescrib- ing penalties for its violation; providing for the codification of this ordinance as Chapter 11, in Title VI. Taxation, of the Code of the City of Roanoke, 1956; and providing for an emergency. WHEREAS, the Council deems it necessary and advisable for certain purposes of the City to impose the tax herein provided for the period of time commencing July 1, 1968, and ending at midnight on June 30, 1970; 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 at the time herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as foll~s 1. DEFINITIONS. The following words and phrases, when used in this ordinance, shall, for the purposes of this axtinance, have the following respective meanings except where the context clearly indicates a different meaning: (a) TRANSIENTS. Any person who,.for any period of not more than thirty-one consecutive days, either at his own expense or at the expense of another, obtains lodging or the use of any space in any hotel as hereinafter defined, for which lodging or use of space a charge is made. (b) PERSON. Any individual, corporation, company, association,~.firm, copartnership, or any group of individuals acting as a unit. (c) HOTEL. Any public or private hotel, inn, hostelry, tourist home or house, motel, rooming house or other lodging place within the City of Roanoke offeri lodging for five (5) or more persons at any one time, and the owner and operator thereof, who~fo.r compensation, furnishes lodging to any transient as hereinabove defined. (d) ROOM RENTAL. The total charge made by any such hotel for lodging and/or space furnished any such transient. If the charge made by such hotel to such transient includes any charge for services or accommodations in addition to that of lodging, and/or the use of space, then such portion of the total charge as represent only room and/or space rental shall be distinctly set out and billed to such transient by such hotel as a separate item. (e) CITY TREASURER. The Treasurer of the City of Roanoke. (f) COMMISSIONER OF REVENUE. The Commissioner of the Revenue of the City of Roanoke. (g) LICENSE INSPECTOR. The License Inspector of the City of Roanoke. 2. TAX. On and after the effectivedate of this ordinance, to-wit, July 1, 1968, and continuing thereafter through the 30th day of June, 1970, there is hereby imposed and levied on each and every transient a tax equivalent to one per centum (1%) of the total amount paid for room rental by or for any such transient to any hotel; which said tax shall be collected from such transient at the time and in the manner hereinafter provided. 3. COLLECTION. On and after the effective date of this ordinance, every person receiving any paymeht for room rental with respect to which a tax is levied under this ordinance shall collect the amount of tax hereby imposed from the transient on whom the same is levied or from the person paying for such room rental at the time payment for such room rental be made. The taxes required to be collected hereunder shall be deemed to be held in trust by the person required to collect the same until remitted as hereinafter required. 4. REPORTS. The person collecting any such tax shall make out a report upon such forms and setting forth such information as the Commissioner of the 5OO to the Commissi oner of the Revenue with a remittance of said tax. Said reports and remittances shall be made on or before the last day of each month covering the amoun of tax collected during the preceding month', the first report and remittance hereunder being due on or before the 31st day of August, 1968,cova-ing the a~unt of tax collected during July, 1968. Any person operating a hotel regularly throughout the year may, upon written application to, and with the written consent of, the Commissioner of the Revenue, make reports and remittances on a quarterly basis~ in lieu of the monthly basis hereinbefore provided. Such quarterly reports and remittances shall be made on the last days of April, July, October and January in each year, and shall cover the amounts collected ~uring the three months immediately preceding the months in which reports and remittances are required. If the remittance is by check or money order, the same shall be payable to the of Roanoke, and all remittances received hereunder by the Commissioner of the Revert shall be promptly turned over to the City Treasurer. 5. INTEREST AND PENALTIES. If any person shall fail or refuse to remit to the Commissioner of the Revenue the tax required to be collected and paid under this ordinance within the time and in the amount specified in this ordinance, there sba11 be added to ~uch tax by the Commissioner of the Revenue interest at the rate of one-half of one percent per month on the amount of the tax for each month or pot' thereof from the date upon which the tax is due as provided in this ordinance, the tax shall remain delinquent and unpaid for a period of ~ne month from the the same is due and payable, there shall be added thereto by the Commissioner Revenue a penalty of ten percent of the amount of the tax. 6. FAILURE TO COLLECT AND REPORT TAX. If any person shall fail or and i date of the refuse to'collect said tax and to make, within the lime provided in this ordinance, any report and remittance required by this ordinance, the Commissioner of the Revenue shall proceed in such manner as he may deem best to obtain facts and information on which to base his estimate o'f the tax due. As soon as the Commissior of the Revenue shall procure such facts and information as he is able to obtain upon which to base the assessment of any tax payable by any person who has failed or refused to collect the same and to make such report and remittance, he shall proceed to determine and assess against such person the tax and penalties provided for by this ordnance and shall notify such person by registered mail sent to his last known place ,of address of the'total amount of such tax and interest and penalti and the total amount thereof shall be payable within ten days from the date of such notice. 7. REC'ORDS. It shall be the duty of every person liable for the collection and payment to the City of any tax imposed by this ordinance to keep and preserve, for a period of two years, such suitable records as may be necessary to determine the amount of such tax as he may have been liable for the collection of and payment to the City, which records the Commissioner of the Revenue shall have the right to inspect at all reasonable times. on 8. CESSATION OF BUSINESS. Whenever any person required to collect and pay to the City a tax under this ordinance shall cease to operate or otherwise dispose of his business, any tax payable hereunder to the City shall become immediately due and payable and such person shall immediately make a report and pay the tax due. 9. EXCEPTIONS. No tax shall be payable hereunder in any of the following instances: (a) On room rental paid by any federal, State.of Virginia or City of Roanoke official or employees when on official business. (b) On room rental paid to any hospital, medical clinic, nursing home, convalescent home or home for aged people. 10. PENALTY. Any person violating or failing to comply with any of the provisions of this ~ dinance shall, upon conviction thereof, be fined not less than five dollars nor more than five hundred dollars, and each such violation or failure shall constitute a separate offense. Such conviction shall not relieve any such person from the payment, collection or remittance of said tax as provided in this ordinance. 11. LICENSE INSPECTOR-POWERS AND DUTIES. It shall be the duty of the license inspector to ascertain the name of every per son operating a hotel inthe City of Roanoke, liable for the collection of the tax levied by this ordinance, who fails, refuses or neglects to collect the tax or to make, within the time provided by this or dinance, the reports or remittances requir ed here~. The license inspector and his duly authorized deputies may have a summons issued for such person, and may serve a copy of such summons upon such person in the manner provide( by law and shall make one return of the original to the Municipal Court of the City of Roanoke. Police powers be and t~y are hereby conferred upon the license inspecto and his duly authorized deputies while engaged in performing their duties as such under the provisions of this ordinance and they shall exercise all the powers and authority of police officers in performing such duties. 12. INVALIDITY. If any clause, sentence, paragraph or part of th~ ordinance shall for anyreason be adjudged invalid,~such invalidity shall not affect the parts which are not adjudged invalid. BE IT FURTHER ORDAINED that the provis'ions of this ordinance be codified Title VI. Taxation, of the Code of the City of Roanoke, 1956, as Chapter 11 of said Title. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in full force and effect on July 1, 1968~and shall continue in force and effect through the 30th day of June, 1970. APPROVED ATTEST: ~' i~y Clerk Mayor nto ,5o IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of March, 1968. No. 18069. AN ORDINANCE to amend and reordain Section ~B9, "Capital," of the 1967-6B Appropriation Ordinance, and providing for an ~ergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the Ci~ty of Roanoke that Section =B9, "Capital," of the 1967-6B Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CAPITAL ~89 CIP 62-16 Civic Center ............................. $12,Bll,B22.11 BE IT FURTHER OROAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE C.ITY OF ROANOKE, VIRGINIA, The 25th day of March, 1968. No. 18070. AN ORDINANCE accepting the proposal of'Nello L..Teer Company, a Delaware corporation, for the furnishing of all labor and materials necessary for the construction of a Civic Center consisting of an auditorium, a coliseum, an exhibition hall and related paving and site work, on the site heretofore acquired for such purpose, up.~n certain terms and condit,ions; rejecting certain other bids made to the City; and providing for an emergency. WHEREAS',. at a special meeting of'Council held on February 29, 1968, and after due and proper advertisement, had be,en made therefor, and after further bi ddiqg had been declared closed, seven (7) sealed bids for furnishing all materials, .lab(r, equipment and services required and called for to construct a Civic Center in accordance with the plans for said Civic Center here,tofore approved by the Council and complying with all of the specifications, conditions and drawings accompanying said pIans,were received and were opened and read before the Council, whereupon all said bids were referred to a committee appointed by the Council to lebulate and study the same and to make report and recommendations thereon to the Council; and WHEREAS, said committee having met with the City's architects and engineers and having considered and studied all said bids, has reported to the Council in writing its tabulation and recommendations on all said bids, from which it appears to said committee and to the Council that the proposal of Nello L. Teer Company, a Delaware corporation, containing a base bid of $11,075,000.00,.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 r:espects with the requirements made of all said bidders, and that said low bid should be accepted; and WHEREAS, the City's architects and engineers have reported and recommended to the Council that the specifications and proposed contract documents reserve to the City a right to order changes in the work within the general scope of the contract by way of deletion or other revision and that by order ing and incorporating certain minor changes in the said plans and specificatbns the entire cost to the City, under said contract, of constructing sid Civic Center may be reduced to a total sum of not more than $10,977,200.00,.and have likewise recommended to the Council that the aforesaid low bid be accepted and that the Council order the minor changes in the work hereinafter provided; 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 Nello L. Teer Company, made on a base bid of $11,075,000., as aforesaid, be accepted; that a conWact be awardad and entered into by the City with said low bidder; and that the minor changes in the work hereinafter set out be ordered by the City in order that the total, final cost to the City of said contract be reduced as recommended; and WHEREAS, funds sufficient to pay for the cost of the aforesaid improvement have been appropriated for the purpose by the Council to the Civic Center Project Fund and the City Auditor has certified to the Council that the money re~ ired for the contract hereinafter authorized to be entered into is in the City Treasury to the credit of the Civic Center Project 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 munici pal gove~nuent and in order that the aforesaid public improvements 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 fo~ows: (1) That the written proposal of Nello L. Teer Company, a Delaware co~poration, dated February 29, 196B, 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 Civic Center in full accordance wig the plans, specifications and other documents heretofore prepared and approved therefor and to consist of an auditorium, a coliseum, an exhibition hall and related paving and said contract documents and within the time therein provided and for a base bid of $11,075,000.00 be, and said proposal is hereby ACCEPTED; (2) That the Mayor and the City Clerk be, and they are hereby authorized and directed, for an on behalf of the City, to exec~ute and to seal and attest, respectively, the requisite contract with the aforesaid Nello L. Teer Company, a Delaware corporation,: the same to incorporate the terms and provisions of this ordinance, including all of the City's plans and specifications made for said work, 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 heretofor~ or being contemporaneously herewith appropriated by the Council for the pwpose; and (3) That t.he six (6) other bids made to the City for performing said work be REJECTED; and the City Clerk slnll 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 o~iinance be in full force and effect upon ifs passage; and, ,further, that the City Clerk do forthwith deliver or transmit to the successful bidder an attested copy of this ordinance. APPROVED ATTE ST: C/ity Clerk May or IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of March, 1968. No. 18071. A RESOLUTION ordering and directing certain changes in the work to be performed by the City's contractor pursuant to contract to be let for ~the construction of the City's Civic' Center; and providing fo~ determination of the valu, of said changes. WHEREAS, the City Council has this day accepted the proposal and low bid of Nello L. Teer Company to construct the City's Civic Center in full accordance witch the plans, specifications and contract documents prepared, approved and advertised therefor, and has authorized and directed that the City enter, into contract with said low bidder on the basis of the aforesaid proposal; and WHEREAS, the City's architects and engineers have advised the Council that by approving and ordering cert~'in minor changes of the work shown to be perfor ~ed on the plans of the aforesaid project, a reduction of approximately $97,800.00 may be made in the total cost to be paid by the City for construction of said Civic Center under the terms and provisions of the contract s~ e~erded, each of which changes are hereinafter enumerated anddescribed; and WHEREAS, Council,,considering such matters has determined to approve and order the within described changes so as to effect the reduction in the total cost of the aforesaid imp~vement, all of which changes may be made within the general scope of said contract and without in anywise impaling the usefulness, value or appearance of said Civic Center. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council doth hereby APPROVE and ORDER that there be made, by issuance of an appropriate Change Order made after execution of the City's contract authorized to be entered into with Nello L. Teer Company for the cmstruction of the City's Civic Center, the following sixteen (16) changes, all described with reference to the plans and specifications heretofore prepared and approved for the City's Civic Center project, Viz: CHANGE NO. k -- The landscaping allowance set forth in Section 2D, Volume I of the Specifications, shall be changed from $50,000.00 to $40,000.00. CHANGE NO. 2 -- The hardware allowance set forth in Section SD, Volume I of the Specifications, shall be changed from $85,000.00 to $78,000.00. CHANGE NO. 3 -- The sand cushion under concrete floor slabs on grade specified in Section 3A, Paragraph 3A,30, Volume I of the Specifications, shall be omitted. CHANGE NO. 4 -- In lieu of using diamond core drilling for testing specified in Section 2B, Paragraph 2B.07 (d), Volume I of the Specifications, use standard percussion drill. The Unit Price set forth in Paragraph 3.d of the Contractor's Proposal shall be changed proportionately. CHANGE NO: 5 -- The 2" stone base under all exterior concrete walks specified in Section 3A, Paragraph 3A.29, Volume I of the Specifications, shall be omitted. CHANGE NO. 6 -- The dampproofing on the earth side of concrete retaining walls at the underpass under Interstate and on the retaining wall next to Willia~son Road at the south end of the property as specified in Section 7A, Paragraph 7A.06, Volume I of the Specifications, shall be omitted. CHANGE NO. 7 -- Omit testing of the cooling tower as specified under Item 6 of Addendum No. 2 issued during time for bidding. CHANGE NO. 8 -- Change all type A1 filters to Type A2 filters as specified in Section H, Paragraph H.22, Volume II of the specifications. CHANGE NO. 9 -- Change the ~ickness of all steel door frames as specified in Section GA,Paragraph 6A.06, Volume of the Spepifications, from 14 gauge to 16 gauge. CHANGE NO. 10 -- The thickness of composition cement-fiber board specified in'Section 6B, Paragraph 6B.06, Volume I of the Specifications, shall be changed from 3" to 2-1/2". CHANGE NO. 11 -- Change all condensate drain lines specified in Section H, Paragraph H.28 a.4.,Volume II of the Speci- ficiations, to Type DWV copper. CHANGE NO. 12 -- One (1) group of acoustical curtains above the wire mesh ceiling over Orchestra A-244, as specified in Section llA, Volume I of the Specifications, shall be omitted. CHANGE NO. 13 -- Omit the 3rd coat of paint on plaster specified in Section 9G,' Paragraph 9G.08 (e), Volume I of the Specifications. CHANGE NO. 14 -- The two display cases specified in Section lOA, Paragraph lOA.OB, Volume I of the Specifications, shall be omitted. CHANGE NO. 15 -- Change the base and finish course thickness over all paved areas as specified in Section 2C, Volume I of the Specifications, to 5" sub-base and 2" top course. CHANGE NO. 16 -- Omit painting of mechanical and electric~ items specified in Section ME, Paragraph ME.25 f.2., f.3., and f.4. BE IT FURTHER RESOLVED by the Council that, upon issuance of the Change Order for the aforesaid changes in work, the City Manager shall be, and is hereby authorized, for an on behalf of the City, to enter into agreement with the City's contractor respecting the value to the contract parties of the aforesaid changes in work, provided that the total value of all said changes shall result in an aggregate reduction of not less than $97,800.00 from the contract sum of $11,075,000.00 as set forth in the City's aforesaid contract; otherwise, to report back to the City Council. APPROVED ATTEST: ' / City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of March, 1968. No. 18072. AN ORDINANCE to amend and reordain certain sections of the 1967-68 Appropriation Ordinance, and providing for an e~ergency. WHEREAS, for ~ e usual daily operation of the'MU'nicipal Government 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- PROJECT ACT ~27000 Personal Services (1) ................................. $ 96 625 O0 Supplies (2) .......................................... 6 217 O0 Health Services (3) ................................... Travel (4) ............................................ Operations ............................................ Fixed Charges (5) ..................................... Equipment (6) ......................................... 3 000 00 1 070 00 3 150 00 41 869 00 2 806 00 (1) Net decrease- (2) Net increase ...... (3) Net decrease ...... (4) Net increase-- (5) Net decrease-- (6) Net increase--- $7,875.00 2,317.00 1,000.00 125.00 787.00 1,306.00 SCHOOLS - PROJECT SECOND STEP ~28000 Personal Services (1) ................................ $209,958 O0 Supplies (2) .......................................... 21,200 O0 3,000 00 Health Services ....................................... Travel (3) ............................................ 1,075 00 Fixed Charges (4) ..................................... 15,367 00 Equipment (5) .................... ; .................... 8,001 00 (1) Net increase--- $12,608.00 9.350.00 5--0 "7 SCHOOLS - PROJECT MODEL KINDERGARTEN ~38000 Personal Services (1) ................................ $246,032 O0 Supplies (2) ......................................... Transportation Services (3) .......................... Operation of Plant ................................... Maintenance of Plant (4) ............................. Fixed Charges ........................................ Food Services (5) .................................... Equipment (6) ........................................ 54,744 O0 8,600 O0 240 O0 150 O0 22,741 O0 9,076 O0 38,971 O0 (1) Net decrease-- (2) Net increase ...... (3) Net increase-- (4) Net increase-- (5) Net decrease-- (6) Net decrease. $3,700 O0 9,250 O0 4,600 O0 150 O0 3,300 O0 7,000 O0 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTE ST: / C:ity Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of March, 1968. No. 18073. A RESOLUTION approving the im tallation of eight (8) two-hour parking meters at a certain street location in the City of Roanoke. WHEREAS, the City Manager has, pursuant to Section 87, Chapter 1, Title XVIII of the Code of the City of Roanoke, 1956, notified the Council in .writing of the proposed addition to certain parking meters on Luck Avenue, S. W., at the location hereinafter described and has requested of the Council its prior approval of said addition. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council doth approve the proposal of the City Manager made to the Council in writing under date of March 25, 1968, that eight (8) two-hour parking meters be installed on the south side of Luck Avenue, S. W., in the area immediately west of 3rd Street, A P P R 0 V E D ATTE ST: Gity Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of March, 1968. No. 18074. Corporation, for the gross sum of $10,900.00 upon certain terms and conditions by accepting a bid made to the City for such improvements; rejecting a certain other bid made for said work; and providing for an emergency. WHERE/tS, at the meeeting of the Council held on March 18, 1968, and after proper public advertisement had been made therefor three bids for the remodeling of certain stalls at the City Market Building were opened and read before the Council, whereupon said bids were referred to a committee to be tabulated and studied and reported back to the Council; and WHEREAS, said committee has reported its tabulation to the Council and has recommended the award of a contract as hereinafter provided; and funds sufficient to pay for the contract hereinafter authorized have been appropriated or are being transferred, and for the usual d~ly operation of the munidipal government an emergency is declared to exist.in order that this Ordinance may take effect upon its passage. THEREFORE, BE Ir ORDAINED by the Council of the City of Roanoke that the written proposal of Hodges Lumber Corporation to construct certain remodeling of Stalls 26 and 28 and minor alterations to Stall 30 in the City Market Building in fu accordance with the City's plans and specifications made therefor for the gross sum of $10,900.00, be and said proposal is hereby ACCEPTED; and the proper city officials be and are hereby authorized and directed to enter into requisite contract with Hodges Lumber Corporation, for the aforesaid improvements, incorporating into said contract the City's plans and specifications prepared for said improvements, said contractor's proposal and the provisions of this Ordinance; and the City Audito is hereby authorized and directed to pay to .the successful bidder the contract price herein authorized upon certification by the City Manager of satisfactory completion of the work. BE IT FURTHER ORDAINED that the two other bids for construction of the aforesaid improvements be and the same are 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 force and effect upon its passage. ATTE ST: Ci' y~Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of March, 1968. No. 18075. AN ORDINANCE to amend and reordain certain sections.~ 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: CITY PHYSICIAN ~36 Vehicular Equipment-Replacement (1) ..................... $ 1,560.00 PUBLIC ASSISTANCE ~37 Vehicular Equipment-Replacement 60% (2) ................. $ 1,560.00 FIRE ~47 Vehicular Equipment (3) ................................. $ 52,107.00 ENGINEERING ~56 Operating Supplies and Materials (4) .................... $ 6,158.50 Vehicular Equipment-Replacement (5) ..................... 6,037.46 STREET RE PA IR Vehicular Equipment- Replacement (6) ..................... $ 20,0B8.42 STREET LIGHTING ~61 Utilities (7) ........................................... $111,000.00 MUNICIPAL BUILDING ~63 Rentals (8) ............................................. $ 25,500,00 MAINTENANCE OF CITY PROPERTY ~64 Vehicular Equipment-l~placement (9) ...................... $ 1,754.69 Vehicular Equipment-New (10) ............................. 5,724.17 SEWER MAINTENANCE ~67 Vehicular Equipment-New (11) ............................ $ 3,365.21 STREET CLEANING Vehicular Equipment-Replacement (12) .................... $ 29,277.02 Vehicular Equipment-New (13) ............................ 6,507.58 REFUSE COLLECTION AND DISPOSAL ~69 Vehicular Equipment-Replacement (14) .................... $ 39,866.74 RECREATION, PARKS AND RECREATIONAL AREAS =75 Other Equipment-Replacement (15) ........................ $ 7,715.00 Vehicular Equipment-New (16) ............................ 5,425.40 PLANNING COMMISSION ~B3 Vehicular Equipment-New (17) ............................ $ 2,4B7.00 STREET CONSTRUCTION Vehicular Equipment-Replacement (lB) .................... $ 3,2B9.41 SEWER AND DRAIN CONSTRUCTION ~BB Vehicular Equipment-Replacement (19) .................... $ 7,090.50 GARAGE ~71 Maintenance of Machinery and Equipment (20) .......................................... $145,000.00 (1) Net decrease- (2) Net decrease ..... (3) Net decrease-- (4) Net decrease. (5) Net decrease ...... (6) Net decrease--, (7) Net decrease (8) Net decrease $ 290. O0 290 O0 5,393 O0 3,000 O0 562 54 3,492 lB 7,000 O0 3,000 O0 645 31 (11) Net decrease ........................ (12) Net decrease-- (13) Net decrease ........................ (14) Net decrease-. (15) Net decrease. (16) Net decrease- (17) Net decrease (18) Net decrease (19) Net decrease (20) Net increase 134 79 4,922 98 392 42 2,933 26 260 00 774 6O 213 O0 210 59 1,4O9 5O 35,000 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, VIRGINIA, The 25th day of March, 196B. No. 18076. A RESOLUTION authorizing the use by the City in certain of its departmen during the summer of 196B, of approximately 116 young men and ~omen employed under the Neighborhood Youth Corps Program. BE IT RESOLVED by the Council of the City of Roanoke, the City Manager so recommending, that said City Manager be, and he is hereby authorized and permitted, on behalf of the City,to arrange through Tatal Action Against Poverty in Roanoke Valley for the City's use in its Municipal Airport, Public Library, Parks and Recreation and Public Works Departments of a total of approximately 116 young men and ~omen employed as Aides under the Neighborhood Youth Corps Program for a period of approximately t~elve ~eeks during the current and the hex fiscal year, the persons so used and employed to be compensated in full for their services by 'the Federal .Government or out of funds made available by the Government to said Total Action Against Poverty in 'Roanoke Valley, and the assignment of said persons to the aforesaid departments of the City and their ~ork schedule to be substantially as is set out in the City Manager's report made to the Council in the premises under date of March lB, 1968. APPROVED ATT E ST: /City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of March, 196B. No. 18077. Park. A RESOLUTION authorizing the removal of an existing building in Elmwood WHEREAS, and the City Manager recommending that there is no further public need or use for the public building hereinafter described, located in Elmwood Park, in the City, and that authority for the removal of said building shou be granted by the City Council. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized and directed to cause to have included in the appropriate plans and specifications for certain impr~ements in Elmwood Park, the removal of that certain existing house or budding in said Park formerly used as a caretaker's house and more recently as a Senior Citizens Center, but which at the present time is not used for either such purpose, is in bad state of repair, and is, in the opinion of the Council, no longer needed for any public purpose, and should be removed. ATTE ST: / City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of March, 1960. No. 1BO7B. A RESOLUTION commending the Executive Secretary and the other members of the staff of the Virginia Municipal League for certain meritorious services. WHEREAS, Mr. Harold I. Baumes,.Executive Secretary of the Virginia Municipal League, together with all of the other members of the staff of said League have, throughout the recent meeting of the 196B General Assembly of Virginia in the publication and distribution ~ interested officials of cities and towns in Virginia of a detailed and comprehensive Legislative Bulletin, rendered great service in keeping such officials apprised of the many items of legislation introdu and acted upon by said Gem ral Assembly; and WHEREAS, all of the members of the aforesaid Staff have, further, held and made their services readily available to such of those offices desiring or needing additional information and assistance wi~ respect to legislative matters being considered by said General Assembly. ed THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the members of this Council do hereby commend Mr. Harold I. Baumes, Executive Secretary, and all of the other members of the staff of the Virginia Municipal League for the efficiency and dispatch with which officials of the~citie s and towns of this Commonwealth were assisted and kept ~dvised of the legislative matters coming before the 1968 session of the General Assembly of Virginia and, particularly, of those items of proposed~ legislation' introduced in said General Assembly hav in~] effect upon such cities and towns. BE IT FURTHER RESOLVED that ei~]ht (8) attested copies of this resolution be transmitted by the City Clerk to Mr. Harold I. Baumes, Executive Secretary of the aforesaid Virginia Municipal League. APPROVED ATTE ST: / /City Clerk