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12461-8/15/55 - 12909-11/19/56
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of August, 1955. No. 12461. AN ORDINANCE to amend and reordain Section =31, "Juvenile Detention Home", of the 1955 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Juvenile Detention Home of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~31, "Juvenile Detention Home", of the 1955 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: JUVENILE DETENTION HOME ~31 Repairs ................................................. $ 1,845.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTE~ ~ 'f", APPROVED P r e s-i~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of August, 1955. No. 12462. AN ORDINANCE providing for the acquisition of an 8-inch public sewer line through Lots 1, 2, 3, 4, and 5 and into Lot 6, Block E, Map No. 2, Round Hill Terrace, together with a perpetual easement therefor; and providing.for~an emergency. ~, 2' WHEREAS, in the development of the lots in Block E, as shown on:.M~.p 2, Round Hill Terrace, recently approved and admitted to record;~ it has'be~n'~ found that provision need be made for a certain additional public:Sewer which was not provided for on said record map; and WHEREAS, the owners of said subdivision have already constructe, d said additional sewer line across Lots 1, 2, 3, 4 and 5 and into Lot 6,]a.s shown on said map, and now desire to convey said sewer line to the City, together'with a perpetual easement to the City for the purpose of constructing, repairing, replacing enlarging and maintaining saidpublic sewer line, and have prepared, executed and acknowledged their deed dated July 13th, 1955, putting their desire into effect, and have tendered the same to the City's officials for acceptance, which said deed has been approved as to form and execution by the City Attorney; and WHEREAS, for the immediate preservation of the public health and safety, an emergency is hereby 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 City Officials be, and they are hereby, authorized and directed, for and certain deed, prepared and executed under date of July 13th, 1955, conveying to the City of Roanoke that certain 8-inch sewer line extending across Lots 1, 2, 3, 4 and 5 and into Lot 6, Block E, Map No. 2, Round Hill Terrace, for a distance of 455 feet, more or less, together with a perpetual easement through, over, under and across that certain lO-foot wide right-of-way in the center of which said 8-inch sewer line is constructed, for the purpose of constructing, repairing, replacing, enlarging and maintaining said sewer line, said right-of-way and sewer line being shown on a certain plat dated July 13, 1955, prepared by David Dick, State Certified Engineer and Surveyor, a copy of which said plat is attached to and made a part of the aforesaid deed. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in full force and effect from its passage. APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of August, 1q55. No. 12463. AN ORDINANCE to amend and reordain Section =97, "Refuse Collection and Disposal", of the 1955 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the preservation of the public health, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =97, "Refuse Collection and Disposal", of the 1955 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: REFUSE COLLECTION AND DISPOSAL =97 Pest Control ......................................... $ 1,210.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATT~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of August, 1955. No. 12464. A RESOLUTION accepting the proposal of Adams Construction Company to furnish the materials for and perform the work on certain taxiway reconstruction in accordance with the specifications therefor designated Project No. 9-44-012-506, WHEREAS, the City has heretofore advertised for bids for performing certain taxiway reconstruction at Roanoke Municipal Airport (Woodrum Field) in accordance with the specifications, schedules and drawings therefor designated Project No. 9-44-012-506; and WHEREAS, upon the opening of. the bids submitted therefor before this Council on July 18, 1955, this Council appointed a committee to study and tabulate said bids; and WHEREAS, said committee has studied and tabulated all bids received for furnishing the materials for and performing the work described in the aforesaid specifications; which tabulation discloses that the bid of the Adams Construction Company, in the amount of $38,279.85, is the lowest and best bid received therefor; and WHEREAS, for the public health and safety, an emergency is set forth and declared to exist. follows: THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as 1. Subject to the approval of the Civil Aeronautics Administration, that the bid of Adams Construction Company, in the amount of $38,279.85, for furnishing of materials for and performing all of the work in connection with certain taxiway reconstruction at Roanoke Municipal Airport (Woodrum Field) in strict accordance with the specifications, schedules and drawings therefor, designated Project No. 9-44-012-506, be, and said bid is hereby, accepted for and on behalf of the City. 2. That the City Manager be, and he is hereby, authorized and directed to execute, for and on behalf of the City, the requisite contract with Adams Construction Company if and after the approval of the Civil Aeronautics Administration of this action of Council be received. 3. That, an emergency existing, this Resolution shall be in effect from its passage. APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of August, 1955. No. 12465. AN ORDINANCE to amend and reordain Section ~142, "Transfer to Improvement Fund", of the 1955 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Airport of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =142, "Transfer to Improvement Fund", of the 1955 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: TRANSFER TO IMPROVEMENT FUND ~142 Airport Improvements ................................ $ 38,279.85 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATi APPROVED Pre~nt IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of August, 1955. No. 12466. AN ORDINANCE to amend and reordain Section =8, "Treasurer", a.nd Section ~26, 'Commonwealth's Attorney", of the 1955 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government, an emergency is declared to exist. THEREFORE. BE IT ORDAINED by the Council of the City of Roanoke that Section =8, "Treasurer", and Section =26, "Commonwealth's Attorney", of the 1955 Appropriation Ordinance, be, and the same are hereby amended and reordained to read as follows, in part: TREASURER ~8 Travel Expense (2) ..................................... $ 40.00 COMMONWEALTH'S ATTORNEY =26 Travel Expense (2) ..................................... $ 80.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED President- IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of August, 1955. No. 12467. AN ORDINANCE to amend and reordain Section =23, "Juvenile and Domestic Relations Court", of the 1955 Appropriation Ordinance, and providing for an 5 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~t23, "Juvenile and Domestic Relations Court", of the 1955 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: JUVENILE AND DOMESTIC RELATIONS COURT =23 Travel Expense (1) ................ $ 705.82 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Pre s id~'t IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of August, 1955. No. 12469. A RESOLUTION appointing a committee to recodify and modernize the Plumbing Code of the City of Roanoke. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That Messrs. L. G. Leftwich, Chairman, R. ~/. ~qoodson, J. O. Weddle, Sr., Elmer Rhodes and Otis Simpson be, and they are hereby', appointed a committee to modernize and recodify the Plumbing Code of the City of Roanoke; 2. That the aforesaid committee is hereby authorized to call upon requisite City officials for reasonable advice and assistance in carrying out its assignment; to hold such hearings as it deems advisable; but said committee shall not obligate the City financially without prior authorization by Council; 3. That said committee be, and it is hereby, requested to pursue its assignment diligently and complete the same with reasonable dispatch; making progress reports, from time to time, to this Council. APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of August, 1955. No. 12471. A RESOLUTION authorizing and directing the institution and conduct of suits in equity for t~purpose of enforcing the City's lien for delinquent taxes and other assessments against certain properties standing in the name of the respective record owners thereof; and providing for an emergency. WHEREAS, for the usual daily operation of the Delinquent Tax Department, a department of the City, an emergency is declared to exist in order that this Resolution may take effect upon its passage. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Attorney and/or the Assistant City Attorney be, and he is hereby, authorized and directed to institute and conduct, for and on behalf of the City, suits in equity for the purpose of enforcing the City's lien for delinquent taxes and other assessments against those certain parcels of land in the City of Roanoke, Virginia, in the name of the present record owners, descriptions of which are given with the name of each record owner, as follows: RECORD OWNER OR OWNERS DESCRIPTION Washington Club Land Company Lot 2, Block 13, Map of Washington Club Land Company Home Dealers, Inc. North side of Clayton Avenue, N. E., about 530.36 feet east of Jefferson Street Anderson, Hattie & G.W. East 1/2 of Lot 338, Ward 4, R. L. & I. Map R. J. Wright Triangular part of Lot 20, Block 4, R. J. Wright New Map, the said suits to be instituted and conducted in conformity with Article 9, Chapter 20, Title 58, of Article 6, Chapter 21, Title 58, of the 1950 Code of Virginia, as amended, as the said City Attorney and/or the Assistant City Attorney deems advisable, unless said liens be discharged by the record owners of said properties, or someone acting for them within ten (10) days after the adoption of this Resolution. BE IT FURTHER RESOLVED that, an emergency existing, this Resolution shall be in effect from ~s passage. APPROVED Pre s~'e n~t IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA. The 29th day of August, 1955. No. 12468. AN ORDINANCE authorizing the execution of an agreement with John C. Haislip and Edith H. Allen, et als, agreeing to the amendment of certain building restrictions on certain property adjoining city owned property. WHEREAS, by deed dated May 10, 1940, recorded June 1, 1940, in Deed Book 275, Page 37 of the Clerk's Office of the Circuit Court for the County of Roanoke, Virginia, the Shenandoah Life Insurance Company, Incorporated, conveyed to Bessie Anita Durham, a tract of land more fully described therein, and designated as "Tract D" according to a certain plat of record in the conveyance by Ernest B. Fishburn and Anne Davant Fishburn, his wife, to Shenandoah Life Insurance Company, Incorporated, which property has been subsequently annexed to the City of Roanoke, Virginia, and 7 and WHEREAS the said deed contained the following building restriction: "Only one principal residence and necessary out- buildings in connection therewith, shall be erected on the said tract of land, and the prin- cipal residence building erected on said tract shall cost at least $7,500.00, exclusive of septic tank, well and landscaping." WHEREAS, John C. Haislip and Edith H. Allen, are now the owners of said property and desire to erect four residences on the aforesaid tract of ground each residence costing not less than $15,OOO. 00, and desire an amendment of the aforesaid restriction insofar as it pertains to one residence only, and WHEREAS, the City of Roanoke, Virginia, is the owner of a part of a tract of land designated as "Tract C" in the original subdivision, and acquired the same by deed dated the 25th day of February, 1949, from the Shenandoah Life Insurance Company, Incorporated, to the City of Roanoke, and said conveyance is of record in the Clerk's Office for the Hustings Court for the City of Roanoke, Virginia, in Deed Book 789, Page 447, and WHEREAS, the Shenandoah Life Insurance Company, Incorporated, who imposed the original restrictions, is agreeable to amend the same permitting more than one residence to be built upon the "Tract D", each residence to cost not less than $15,O00.00, and WHEREAS, the City of Roanoke, Virginia has used the major portion of that part of the "Tract C" purchased by it for street purposes and the value of the remaining portion thereof will not be diminished but may be increased by the amendment of the aforesaid restriction permitting four houses costing not less than $15,000.00 each to be erected upon "Tract D", which "Tract D", contains 2.718 acres, and WHEREAS, after considering the matter, this Council is of the opinion that the request of John C. Haislip and Edith H. Allen should be granted and the agreement amending the aforesaid restriction in the manner aforesaid be executed by the proper authorities of the City of Roanoke, Virginia. THEREFORE. BE IT ORDAINED by the Council of the City of Roanoke, Virginia, as follows: 1. That the Mayor of the City of Roanoke and the City Clerk be and are hereby directed to execute an instrument on behalf of the City of Roanoke, to John C. Haislip and Edith H. Allen amending the building restriction contained in the deed dated May 10, 1940, recorded June 1, 1940, in Deed Book 275, Page 37 of the Clerk's Office of the Circuit Court of Roanoke County, Virginia, after the same shall have been approved'by the City Attorney, which amendment shall provide that four residences may be built upon the tract of ground described in said deed, each costing not less than $15,000.00, exclusive of septic tank, well and landscaping. 2. That nothing in this Ordinance contained shall be construed as altering, in any manner whatsoever, any other Ordinance of the City of Roanoke. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA. The 29th day of August, 1955. No. 12470. AN ORDINANCE granting permission, to the MacBain Realty Corporation, to extend the foundations of the building it proposes to erect on the southeast corner of Campbell Avenue and First Street, S. W., slightly more than is presently permitted by Section 405 of the Building Code. WHEREAS, Section 405 of the Building Code of the City of Roanoke prohibits the projection of foundations under sidewalks more than 1 foot beyond the property line and adherence thereto would entail a large foundation cost ~ the MacBain Realty Corporation in the case of the building it presently proposes to erect on the southeast corner of Campbell Avenue and First Street, S. W.; and WHEREAS, the last-mentioned corporation, because of such hardship, has requested %his body to waive the aforesaid restriction, in this iastance, and to grant it permission to extend the foundation of the aforementioned building under the sidewalks in the manner, and to the extent only, as is shown on a plan there- for, prepared by Carneal and Johnston, Architects and Engineers of Richmond, Virginia, dated July 28, 1955, and on file in the Office of the Clerk of this body; and WHEREAS, both the City Manager and the Director of Public Works have concurred in the granting of such permission. THEREFORE. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That permission be, and the same is hereby, granted unto the MacBain Realty Corporation to extend the foundations of the building it presently proposes to erect on the southeast corner of Campbell Avenue and First Street, S. W., in the City of Roanoke, more than 1 foot beyond the property line but, nevertheless, in strict compliance with the plans therefor, prepared by Carneal and Johnston, Architects and Engineers of Richmond, Virginia, bearing date July 28, 1955, and on file in the Office of the City Clerk; 2. That the said MacBain Realty Corporation shall, by acting under this Ordinance, be deemed to agree to indemnify and save harmless the City of Roanoke and all other persons and corporations of and from any and all claims for damage to persons and property by reason of availing itself of the permission hereinabove granted in the construction and maintenance of its proposed building. ATTE~ APPROVED President 9 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA. The 29th day of August, 1955. No. 12473. AN ORDINANCE to amend and reordain Section =141, "Sewer and Drain Construction", of the 1955 Appropriation Ordinance, and providing for an emergency. WHEREAS, f or the preservation of the public health, an emergency is declared to exist. THEREFORE. BE IT ORDAINED by the Council of the City of Roanoke that Section =141, "Sewer and Drain Construction", of the 1955 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: SEWER AND DRAIN CONSTRUCTION =141 Surveys ................................................ $ 250.00 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 _ClePk Pre silent IN THE COUNCIL OF THE CITY OF ROANOKE. VIRGINIA, The 29th day of August, 1955. No. 12474. A RESOLUTION authorizing the installation of one 2500 lumen overhead incandescent street light on Allison Avenue, S. W., east of Fifth Street, on Pole No. 278-583. BE IT RESOLVED by the Council of the City of Roanoke that the Appalachian Electric Power Company be, and it is hereby authorized to install one 2500 lumen overhead incandescent street light on Allison Avenue, S. W., east of Fifth Street, on Pole No. 278-583. Said light to be maintained under the contract existing between the Appalachian Electric Power Company and the City of Roanoke. APPROVED pr e s i a~a-ffr~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of August, 1955. No. 12475. AN ORDINANCE to amend and reordain Section =41, "Tuberculosis Sanatorium"; Section =86, "Municipal Building"; and Section =88, "Market", of the 1955 Appropriation Ordinance, and providing for an emergency. 10 WHEREAS, for the preservation of the public property, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~41, "Tuberculosis Sanatorium"; Section ~86, "Municipal Building'; and Section g88, "Market", of the 1955 Appropriation Ordinance, be, and the same are hereby amended and reordained to read as follows, in part: TUBERCULOSIS SANATORIUM ~41 Insurance ............................................. $ 593.44 MUNICIPAL BUILDING ~86 Insurance ............................................. $ 3,286.80 MARKET ~88 Insurance ............................................. $ 1,390.26 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE. VIRGINIA, The 29th day of August, 1955. No. 12476. AN ORDINANCE governing the storage and sale of flammable liquids; requiring permits for and regulating the installation of tanks for the storage of flammable liquids; authorizing inspections; providing penalties for non- compliance with and the citation of the Ordinance; and providing for an emergency. WHEREAS, for the public health and safety, an emergency is set forth and declared to exist. THEREFORE. BE IT ORDAINED by the Council of the City of Roanoke as follows: Section 1. GENERAL'PROVISIONS No tanks shall be installed for the storage of flammable liquids' except in conformance to the provisions of this Ordinance, nor shall equipment for the dispensing of flammable liquids be used that do not conform to the provisions of this Ordinance, nor shall flammable liquids be stored contrary to the provisions of this Ordinance. When not contrary to the provisions of this Ordinance the following Standards of the National Board of Fire Underwriters Pamphlet No. 30 - Storage, Handling and Use of Flammable Liquids, and Pamphlet No. 31 - Installation of Oil Burning Equipments shall be accepted as Mgenerally accepted good practice'* in the storing and dispensing of flammable liquids. Section 2. DEFINITIONS The following words and phrases, when used in this Ordinance, shall, the n,Jrnns~s nf this Ordinance. have the followina resoective meanings, exceot when the context clearly indicates a different meaning: Automotive Service Station shall mean that portion of a property where flammable liquids used as motor fuels are stored and dispensed from fixed equipment into the fuel tanks of motor vehicles. Bulk Plant shall mean that portion of a property where flammable liquids are received by tank vessel, pipe line, tank car, or tank vehicle, and are stored or blended in bulk for the purpose of distributing such liquids by tank vessel, pipe line, tank car, tank vehicle, or container. Flammable Liquid shall mean any liquid having a flash point below 200° F. and having a vapor pressure not exceeding 40 pounds per square inch (absolute). Flammable liquids shall be divided into three classes as follows: Class I shall include those having flash points at or below 20° F. Class II shall include those having flash points above 20° F. but at or below 70° F. Class III shall include those having flash points above 70° F. The volatility of flammable liquids is increased when artifically heated to temperatures equal to or higher than their flash points. When so heated Class II and III liquids shall be subject to the applicable requirements for Class I and II liquids. These standards may also be applied to high flash point liquids which otherwise would be outside of its scope when they are so heated. Flash Point shall mean the minimum temperature in degrees Fahrenheit at which a flammable liquid will give off flammable vapor as determined by appropriate test procedure and apparatus. Section 3. PERMIT. No tank for the storage o.f gasoline, fuel oil, or other flammable liquid shall be installed, moved or replaced, until an application has been filed with the Building Inspector and a permit has been obtained in conformity with this Section. The application shall be made on a form furnished by the Building Inspector, containing sufficient information to show that the tank will comply with this Ordinance, and signed by the applicant or his authorized agent. A plot plan may also be required showing the proposed location of the tank and its relation to other tanks, buildings, property lines, etc. If after examination of an application, the approving authority finds no objection to the same and it appears that the installation of the proposed tank will comply with all laws and ordinances applicable thereto the application shall be approved and the Building Inspector or his authorized agent shall issue a permit for the installation upon receipt of the required fee. The approving authority shall be the Building Inspector or his authorized assistant when the application is for an underground tank or tank in a building for the storage of Class III flammable liquids, or for the storage, not exceeding 5000 gallons in capacity, of Class I or II flammable liquids, or for an aboveground tank with capacity not exceeding 12,000 gallons for the storage of Class III flammable liquids. The approving authority for permits .for all other tanks for the storage of flammable liquids shall be a Committee composed of the Building Inspector, the Chief of the Fire Department, and the City Engi:ne~, or their authorized assistants. No permit shall be required £or the instal, lation of one or two fuel oil storage tanks that do not exceed 275 gallons in capacity installed at the same time and in connection with an oil burner for which a heating permit has been obtained. However, such installations shall otherwise comply with the provisions of this ~0rd£nance. Section 4. FEES. For a permit for the installation, moving, or replacement of a tank for the storage of flammable liquids, the fee shall be according to the following schedule: CAPACITY OF STORAGE TANK FEE For up to and including 10,000 gallons $2.00 For 10,001 gallons, ko and including 20,000 gallons 3.00 For 20,001 gallons and above . 5.00 Section 5. INSPECTIONS. The Building Inspector, or his authorized assistant, shall inspect the installation of every tank for the storage of flammable liquids for which a permit is required and if the tank and the required piping is installed in accordance with the application and the permit, and in accordance with the provisions of this Ordinance he shall approve the installation. No tank or required piping "shall. be covered or put into use until the installation has been inspected and approved by the Building Inspector or his authorized assistant. The Building Inspector, his authorized assistant, or the Chief of the Fire Department or designated member of the Fire Department, shall have the authority to inspect the premises on which flammable liquids are stored or any existing tank installed for the storage of flammable liquids to determine the safety of the installation and existence or non-existence of hazardous conditions and order such conditions to be corrected to~ conform with this Ordina~nce In making such inspections the owner or person in charge of the premises may be required to have the tank and/or piping checked for leakage and if found faulty the owner shall be ~required to make repairs or abandon the installation. Section 6. CONSTRUCTION OF TANKS. All tanks for the storage of flammable liquids shall be designed and constructed with workmanship and materials conforming to generally accepted practice. Shop-built tanks shall be tested at a pressure of not less than five and not more than ten pounds per square inch (Measured at the top of the tank) for a period of at least ten minutes without leakage or permanent deformation. Tanks tested and approved for the use contemplated by nationally recognized inspection or test laboratories shall be considered as meeting the requirements of this section. Section 7. STORAGE ABOVEGROUND AND OUTSIDE OF BUILDINGS. (a) Location - Location of an aboveground tank for storage of flammable l£quids with respect to distance from the nearest line of adjoining property which has been or may be built upon, shall be such that the distance between any part of the tank and the line shall be not less than that set forth TABLE 1 in Table 1: Minimum Distance of Outside Aboveground Tanks for Flammable Liquids Other than Crude Petroleum to Line of Adjoining Property Which Has Been or May be Built Upon. Capacity of Tank Class of Flammable Liquid Minimum Distance 0 to 275 gals. III 0 feet 276 to 750 gals. III 5 feet 0 to 750 gals. I and II 10 feet 751 to 12,000 gals. III 10 feet 751 to 12,000 gals. I and II 15 feet 12,001 to 24,000 gals. I, II, and III 15 feet 24,001 to 30,000 gals. I, II, and III 20 feet 30,001 to 50,000 gals. I, II, and III 25 feet Tanks with capacities in excess of 50,000 gallons and all ~nks' for storage of crude petroleum shall be located in conformance to generally accepted good practice. In particular installations these provisions may be altered at the discretion of the approving authority after consideration of the special features such as topographical conditions; nature of occupancy and proximity to buildings on adjoining property and height and character of construction of such buildings: capacity and construction of proposed tanks and character of liquids to be stored; degree of private fire protection to be provided and facilities of the fire department to cope with flammable liquid fires. (b) SDacinq Between Tanks - The distance between tanks for the storage of flammable liquids shall not be less than 3 feet. The distance between tanks greater than 50,000 gallon individual capacity shall be not less than one- half the diameter of the smaller tank. (c) Foundations and Supports - Tanks shall rest directly on the ground or on foundations or supports of concrete, masonry, piling or steel. Exposed piling or steel supports shall be protected by fire-resistive materials to provide a fire-resistance rating of not less than Tanks shall be suitably anchored when located in an area subjected two hours. to flooding. (d) Dikes and Walls - When directed by the approving authority approved dikes or walls shall be constructed around a tank or group of tanks. Where provision is made for draining rain water from di'ked areas the drains shall be designed in such a way that at no time will the flammable liquids be permitted to enter public sewers, drains or water courses. (e) Vents - Tanks shall have normal venting capacity sufficient to permit the filling and emptying of such tanks, plus their breathing due to temperature changes, without distortion of tank shell or roof. Vents for tanks storing Class I and Class II flammable liquids shall be approved pressure vacuum vents or be protected by other approved means. In addition every aboveground storage tank shall have some form of construction or device that will relieve excessive internal pressure, caused by exposure fl~es, that might cause the rupture of the tank shell or bottom. .' (f) Tank Valves - Each connection to an aboveground tank storing flammable liquids located below normal liquid level, shall be provided with an internal or external control valve located as close as practicable to the shell of the tank. Section 8. 'STORAGE UNDERGROUND (a) Location - An underground tank for Class I or Class II flammable liquids shall be located not less than the distance indicated in Table 2, Measured horizontally from the nearest point of the shell to the nearest line of adjoining property that has been or may be built upon and the nearest outside wall of any basement or pit, of which the floor is lower in elevation than the top of such tank. In no instance, however, regardless of the depth of a tank shall such tank be located closer to a property line, of adjoining property that has been or may bebuilt upon, than the distance described in Table 2 hereof. Where such location causes unnecessary hardship, an underground tank may be placed closer than the distance specified if enclosed, encased or otherwise protected from physical damage. TABLE 2 Minimum Distance from Underground Tanks for Class I or II Flammable Liquids to Basements or to Line of Adjoining Property that has been or may be Built Upon. Individual Tank Capacity Class I and II 5.50 gallons 5,000 gallons 10,000 gallons 15,000 gallons unlimited Distance 5 feet away 10 feet away 15 feet away 20 feet away 25 feet away (b) Depth and .Cover - Underground tanks shall be set on firm foundation and surrounded with soft earth or sand well-tamped in place. Tanks shall be covered with a minimum of 2 ft. of earth, or shall be covered with not less than one foot of earth on top of which shall be placed a slab of reinforced concrete not less than four (4) inches thick. When subjected to traffic, tanks shall be protected against damage from vehicles passing over them by at least 3 ft. of earth cover, or 18 inches of well-tamped earth, plus either 8 inches of asphaltic concrete or 6 inches of reinforced concrete. When asphaltic or reinforced concrete paving is used as part of the protection it must extend at least 1 ft. horizontally beyond the outline of the tank in all directions. Tanks Section 9. STORAGE INSIDE BUILDINGS. (a) Class I and II Flammable Liquids - Tanks for storage of Class I and II flammable liquids shall not be installed inside buildings except for ..n! limited amounts that may be permitted in commercial or industrial establishments Ii or processing plants. Tanks for storage of Class I and II flammable liquids may be installed under a building as an underground tank complying with Section 8. (b) Class III Flammable Liquids - Unenclosed tanks shall not be located within 5 ft. horizontally, of any fire or flame. Tanks larger than 60 gallons capacity shall not be located in buildings above the lowest story or basement, except in commercial, industrial or process plants where storage on a higher floor is required by the process. Tanks exceeding 275 gallons individual capacity or 550 gallons aggregate capacity in an individual building or in a section of a building separated by firewalls shall be installed in an enclosure Constructed as follows: The walls of the enclosure shall be constructed of reinforced concrete at least 6 in. thick or of brick at least 8 in. thick. Such enclosures shall be installed only on concrete or other fire-resistive floors and shall be bonded to the floors. Enclosures shall have tops of reinforced concrete at least 5 in. thick or equivalent fire-resistive construction, except that where floor or roof construction above the enclosure is concrete or other fire-resistive construction, the walls may be extended to and bonded to the underside of the construction above in lieu of the provision of a separate top. Any openings to such enclosure shall be provided with fire doors or other approved closures and six-inch noncombustible liquid tight sills or ramps. Provision shall be made for adequate ventilation of such enclosures prior to entering for inspection or repairs to tanks. In buildings of ordinary construction, the nominal gross capacity of tanks shall not exceed 5,000 gallons. In fire- resistive buildings the nominal gross capacity of the tanks shall not exceed 15,000 gallons. In any building, if in a fire-resistive or detached room cut off vertically and horizontally in an approved manner from other floors of the main building, the nominal gross capacity of tanks shall not exceed 50,000 gallons, with an individual tank capacity not exceeding 25,000 gallons. (c) Support of Tanks in Buildings - Inside storage tanks shall be securely supported to prevent settling, sliding or lifting. Section 10. TANK CONNECTIONS FOR TANKS UNDERGROUND OR IN BUILDINGS (a) Vents for Class I or II Flammable Liquids - Vent pipes for tanks storing Class I or Class II flammable liquids shall be so located that the discharge point is outside of buildings, higher than the fill pipe opening, and not less than 12 ft. above the adjacent ground level. Vent pipes shall discharge only upward or horizontally (not downward) in order to disperse vapors. Vent pipes 2 in. or less in nominal inside diameter shall not be obstructed by devices that will reduce their capacity and thus cause excessive back pressure. Vent pipe outlets shall be so located that flammable vapors Will not enter building openings, or be trapped under eaves or other obstructions. If the vent is less than 10 ft. in length or greater than 2 in. in nominal inside diameter, the outlet shall b~ provided with a vacuum and pressure relief device or there shall be an approved vent head located in the vent line at the outlet. (b) Vents for Class III Flammable Liquids - Vent pipes from tanks storing Class III flammable liquids shall terminate outside of building and higher than the fill pipe opening. Vent outlets shall be above normal snow level. They may be fitted with return bends, coarie screens or other devices to minimiZe ingress of foreign material. (c) Size of Vents - Each tank~ shall be vented throUgh piping adequate in size to prevent blow-back of vapor or liquid at the fill opening while tank is being filled. Vent pipes shall be not less than i 1/4 in. nominal inside diameter. (d) vent Pipin~ - Vent pipes shall be so laid as to drain toward t~ tank without sags or traps in which liquid can collect. They shall~ be located so that they will not be subjected to physical damage above ground. Vent pipes from tanks storing the same class of flammable liquids may be connected into one outlet pipe. The outlet pipe shall at least be one pipe-size larger than the largest individual vent pipe connected thereto. In no case shall the point of connection between vent lines be lower than the top of any fill-pipe opening. The lower.end of a vent pipe shall enter the tank through the top and shall not extend into the tank more than I inch. (e) Fill and Discharge Pi~in~ - Filling and discharge lines for Class I and Class II liquids, and for Class III liquids where practicable, shall enter tanks only through the top'and shall be graded toward the tank. (f) Fill Ovenin~s - The fill-pipe opening shall be located outside of any building. For Class I or II flammable liquid storage the fill-pipe opening shall be not less than 5 feet from any door or cellar opening. For Class III flammable liquid storage the fill-pipe opening shall be not less than 2 feet from any building opening at the same or lower level. The fill-pipe opening shall be closed and liquid tight when not in use. Fill-pipe for filling by tank car or tank truck shall be not larger than 4 in. nominal inside diameter and shall not be constricted. Fill-pipe openings shall be identified by a definite color scheme or other means. (g) Gauge Openings - Gauge openings, if independent of fill-pipe, shall be provided with liquid-tight cap or cover. Where Class I or Class II liquids are stored within a building, such gauge opening shall be protected against vapor re.lease or liquid overflow by means of a springloaded check valve or other approved device. (h) Testin~ - Before being covered or placed in use, tanks and piping connect~ed thereto must,pass a test for tightness. 17 The test pressure shall be at least 5 psi and either air or hydrostatic pressure may be used. Section 11. PIPING, VALVES, AND FITTINGS. Piping, valves and fittings for flammable liquids shall be designed for the working pressures and structural stresses to which they may be subjected and they shall be installed in conformance to generally accepted good practice. Ail piping, both aboveground and underground, where subject to external corrosion, shall be painted or otherwise protected. Pipe systems shall be substantially supported and protected against physical damage and excessive stresses rising from settlement, vibration, expansion or contraction. Section 12. SERVICE STATIONS. (a) General Construction - Buildings shall be constructed in conformi with The Official Building Code of the City of Roanoke, 1(753. Class I and Class II flammable liquids shall not be stored or handled within a building having a basement or pit into which flammable vapors may travel, unless such area is provided with ventilation designed to prevent the accumulation of flammable vapors therein. (b) Storage and Handling - Flammable liquids shall be stored in tanks installed in conformity to the applicable provisions of this Ordinance or in closed containers in conformity with the following paragraphs. No Class I flammable liquids shall be stored or handled within any service station building except packaged items, for example: cleaning fluid received and resold in unbroken metallic containers of not over one gallon capacity each, or in approved nonmetallic containers of not more than one quart capacity each. Class II flammable liquids in closed containers may be stor'~d inside the station building. A container equipped with an approved pump shall be considered a closed container for purposes of storage only. No Class I or Class II flammable liquids shall be dispensed, or transferred from one container to another, inside of a service station building, provided, however, that flammable anti-freeze liquids and Class II flammable liquids may be dispensed in rooms of a service station building provided such rooms have approved heating devices and provided also that there is no open flame in such room lower than 8 ft. above floor level. Class III liquids may be stored and dispensed inside service station buildings from approved containers of not more than 125 gallons capacity each. No sale or purchase of any Class I, II or III flammable liquids shall be made in containers unless such containers are clearly marked with the name of the product contained therein. (c) Dispensing Devices - Class I and Class Iii flammable liquids shall be transferred from underground tanks by means of fixed pumps so designed and equipped as to allow control of the flow and to prevent leakage or accidental discharge. Supplemental means shall be provided outside of the dispensing device whereby the source of power may be readily disconnected in the event of fire or other accident. Dispensing devices for Class I or Class II flammable liquids shall be of approved type. Devices meeting the standards of the Underwriters' Laboratories, Inc., shall be deemed to be in compliance with this section. Class I or Class II flammable liquids shall not be dispensed by pressure or gravity from drums, barrels, and similar containers. Gear pumps or similar positive displacement devices taking suction through the top of the container shall be used. Class I and Class II flammable liquids shall not be dispensed by a device that operates through pressure within a storage tank, unless the tank has been approved as a pressure vessel for the use to which it is subjected. In no case shall air or gas pressure be used for this purpose. The dispensing of Class I flammable liquids into the fuel tank of a vehicle or container shall at all times be under the supervision of a competent person. The installation and use of coin-operated dispensing devices for Class I flammable liquids is prohibited. Dispensing devices at automotive service stations shall be so located that all parts of the vehicle being served will be on private property. (d) Drainage - Provision shall be made in the area where Class I flammable liquids may be spilled to prevent liquids from flowing into interior of service-station buildings. Such provision may be by grading driveway, raising door sills, or other equally effective means. Crank-Case drainings and flammable liquids shall not be dumped into sewers. (e) Safety Rules - There shall be no smoking on the driveway of service stations in the areas used for fueling motor vehicles dispensing flammable anti-freeze or the receipt of products by tank truck, or in those portions of the building used for servicing automobiles, tractors or internal combustion engines. Conspicuous signs prohibiting smoking shall be posted within sight of the customer being served, and the signs shall be clearly legible. The motors of all vehicles being fueled shall be shut off during the fueling operation. Suitable first-aid fire-control devices, such as small hose or portable extinguishers, shall be provided at locations where fires are likely to occur, Section 13. PENALTY FOR NON-COMPLIANCE Any person who violates any provisions of this Ordinance shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than five dollars ($5.00) nor more than one hundred dollars ($100.00); and where such violation is of a continuing nature, each day such person violates any provision of this Ordinance shall be deemed a separate offence. Section 14. SEPARABILITY OF PROVISIONS If any section, part of section, sentence or clause of this Ordinance shall be adjudged to be invalid by a Court of competent jurisdiction, such decision shall not affect the validity of any other portion of this Ordinance, but shall be restricted and limited in its operation and effect, to that specific portion of the Ordinance involved in the litigation in which such decision shall have been rendered. 19 Section 15. CITATION. This Ordinance shall be known, designated and cited as the Flammable Liquids Ordinance of the City of Roanoke. An emergency existing, this Ordinance shall'be in effect from its passage. ATTE S,T~. Clerk ' APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of September, 1955. No. 12472. AN ORDINANCE to amend and reenact Article I, Section 1, of Chapter 51, of the Code of the City of Roanoke, Virginia, 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 Jamison Avenue, S. E., described as part of Lots 21 and 22, part of Lots 22 and 23, part of Lots 23 and 24, and part of Lots 24 and 25, Block 10, Map of Oakridge, rezoned from General Residence District to Business District, and WHEREAS, the City Planning Commission has recommended that the above properi be rezoned from General Residence District to Business District as requested, and WHEREAS, notice required by Article XI, Section 43, of Chapter 51, of the Code of the City of Roanoke, Virginia, relating to Zoning, has been published in "The Roanoke World-News", a newspaper published in the City of Roanoke, for the tim~ required by said section, and WHEREAS, the hearing as provided for in said notice published in the said newspaper was held on the 29th day of August, 1955, at 2:00 o'clock, p. m., before the Council of the City of Roanoke, in the Council Room in the Municipal Building, at which hearing no objections were presented by property owners and other intereste parties in the affected area, and WHEREAS, this Council, after considering the application for rezoning, is o the opinion that the ~bov~ property should be rezoned as requested. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Articl I, Section 1, of'Chapter 51, of the Code of the City of Roanoke, Virginia, relating to Zoning, be amended and reenacted in the following particular and no other, viz: Property located on the north side of Jamison Avenue, S. E., between Twelft Street and Thirteenth Street, S. E., described as part of Lots 21 and 22, Block 10, Map of Oakridge, Official No. 4120520; part of Lots 22 and 23, Block 10, Map of Oakridge, Official No. 4120521; part of Lots 23 and 24, Block 10, Map of Oakridge, Official No. 4120522; and part of Lots 24 and 25, Block 10, Map of Oakridge, Offici No. 4120523, be, and is hereby changed from General Residence District to Business District, and the Zoning Map of the City of Roanoke, Sheet No. 412, shall be changed in this respect. 2O IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of September, 1955. No. 12477. AN ORDINANCE authorizing the sale of a portion of Lot 7, according to the Scott and Wright Map, to E. D. and Mary A. Prillaman. WHEREAS, E. D. and Mary A. Prillaman, husband and wife, have made the City an offer, in writing, to purchase the hereinafter described portion of Lot 7, Scott and Wright Map, for the cash sum of $2,200.00 net, and, as a part of their said offer have agreed to convey to the City, in fee simple, the wes-terly 5 feet of Lot 6, according to the aforesaid map, and WHEREAS, the late David M. Etheridge, Sr., shortly prior to his recent demi advised the City Manager that, in his opinion, the sale of said real estate by the City for the above consideration, was reasonable, fair and protective of the City's interest, and WHEREAS, the real estate herein authorized to be sold is not needed as righ of way for the Jefferson Street Grade Crossing Elimination Viaduct and Project but constitutes a small residue of a lot acquired for such right of way, and WHEREAS, Council is of the opinion that the aforesaid offer is fair and reasonable and should be accepted by the City; which opinion is shared, and has bee'. consented to and concurred , by the Norfolk and Western Railway Company in writing. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the offer of E. D. and Mary A. Prillaman, husband and wife, as above set forth, be, and the same is hereby, accepted and that the proper City officials be, and they are hereby, authorized and directed, for and on behalf of the City, upon payment of the cash sum of $2,200.00 net to said City and upon the execution and delivery to the City of a deed in form approved by the City Attorney conveying to the City, in fee simple, the westerly 5.0 feet of Lot 6, according to the Scott and Wright Map, dated July, 1888, to execute and deliver a deed upon such form as is approved by the City Attorney conveying, with special warranty of title, unto E. D. and Mary A. Prillaman, husband and wife, the following described lot or parcel of land, situate~ in the City of Roanoke, Virginia, to-wit: BEGINNING at a point on the division line between Lots 6 and 7 of the Scott and Wright Map, dated July, 1888, said beginning point being located the following two (2) courses and distances from the point of intersection of the present west line of Second Street, N. E., with the present east line of Commonwealth Avenue; i.e., S. 39° 57' 37" W. an actual distance of 179.28 feet (178.8 feet by deeds) and S. 88° 48' 20" E. 6.41 feet; thence leaving the said beginning point N. 39° 57' 37" E. 19.16 feet to a point of curve; thence with a curved line to the right an arc distance of 86.04 feet, radius of said curve being 40.0 feet with a chord bearing and distanc of S..78o 25' 05" E. 70.39 feet, to a point of tangency on the newly established west line of Second Street; thence with same S. 16° 47' 47" E. 2.37 feet to a point on the division line between Lots 6 and 7 of the aforesaid map; thence with same N. 88° 48' 20" W. 81.97 feet to the place of BEGINNING; containing 1,737.39 square feet, more or less, and being a portion of Lot 7 of the Scott and Wright Map, dated July, 1888. BEING a portion of the same property acquired by the City of Roanoke in certain condemnation proceedings, certain papers in which are of record in the Clerk's Office of the Hustings Court of the City of Roanoke, in Deed Book 929, Page 228, Legally reserving, however, in said deed or otherwise the full right of the City, its contractors and agents, to make such use of said land as it may desire, and without any charge therefor, until the aforementioned Viaduct shall have been fully constructed and placed in use. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of September, 1955. No. 12478. AN ORDINANCE to amend and reenact Article I, Section 1, of Chapter 51 of the Code of the City of Roanoke, Virginia, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have six parcels of land located on the west side of Thirteenth Street, S. W.; bounded north by Campbell Avenue, S. W., on the south by Cleveland Avenue, S. and extending in back from Thirteenth Street the depth of the lots, described as Lots 1, 2, 3, 4, 5, 6, 7, 8, the southerly part of 9 and 10 and the northerly part of 11 and 12, all in Block 4, Mountain View Land Company, and bearing Official Nos. 1220421, 1220420, 1220419, 1220418, 1220417 and 1220416, rezoned from Special Residence District to Business District, and WHEREAS, the City Planning Commission has recommended that the application to rezone the property be denied, and WHEREAS, notice required by Article XI, Section 43, of Chapter 51 of the Code of the City of Roanoke, relating to Zoning, has been published in "The Roanoke World-News", a newspaper published in the City of Roanoke for the time required by said section, and WHEREAS, the hearing, provided for in said notice published in the said newspaper was held on the 18th day of July, 1955, at 2:00 o'clock, p. m., before the Council of the City of Roanoke in the Council Room in the Municipal Building, at which hearing evidence both for and against said rezoning was presented by property owners and other interested parties in the affected area, and WHEREAS, this Council, after considering the application for rezoning, the report of the City Planning Commission, and the evidence presented, is of the opinion that the above p~operty should be rezoned as requested. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Article I, Section 1, of Chapter 51 of the Code of the City of Roanoke, relating to Zoning, be amended and reenacted in the following particular and no other, viz: Those six parcels of land located in the City of Roanoke on the west side of Thirteenth Street, S. W., bounded on the north by Campbell Avenue, S. W., on the south by Cleveland. Avenue, S. W., and extending back from Thirteenth Street the depth of the lots, described as Lots 1, 2, 3, 4, 5, 6, 7, 8, the southerly part of Lots 9 and 10, and the northerly part of Lots 11 and ]2, all in Block 4, Mountain View Land Company, and bearing Official Numbers 1220421, 1220420, 1220419, 1220418, 1220417 and 1220416, be, and the same are hereby changed from Special Residence District to Business District, and that the Zoning Map shall be changed in this respect. APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of September, 1955. south of Tinker Creek and bounded on the west by the east line of Eighteenth Street S. E., extended, said streets and alleys being embraced within the bounds of Sections 33, 34, 35, 37, 38, and 39, McDonald Addition. WHEREAS, R. Fletcher Epperson and Marion S. Battle have heretofore filed a petition before the Roanoke City Council in accordance with law, requesting Council to permanently vacate , discontinue and close streets and alleys located north of Wise Avenue, S. E., west and south of Tinker Creek and bounded on the west by the east line of Eighteenth Street, S. E., extended, said streets and alleys being embraced within the bounds of Sections 33, 34, 35, 37, 38 and 39, McDonald Addition all within the City of Roanoke, Virginia, and as to the filing of said petition due notice was given to the public as required by law, and WHEREAS, in accordance with the said petition, viewers were appointed by Council to view the property and report in writing what inconvenience, if any, would result from permanently vacating, discontinuing and closing the said streets and alleys above referred to, and WHEREAS, it appears from the report in writing filed with the City Clerk, together with the affidavit of said viewers, and a recommendation of the Planning Commission tothe City Council that no inconvenience would result either to any individual or to the public from permanently vacating, discontinuing and closing the said streets and alleys above referred to, to which report no exceptions have been filed, a~d WHEREAS, after due notice published in the Roanoke World-News on the 5th day of August, 1955, directed to any person interested in the permanently vacating, discontinuing and closing of said streets and alleys, a public hearing was held before the CityCouncil of the City of Roanoke at 2:00 o~clock, p. m., on August 15, 1955, at which hearing no one appeared and offered any objections why the aforesaid streets and a11eysshould not be permanently vacated, discontinued and closed, and WHEREAS, in the opinion of the City Council of the City of Roanoke, the permanently vacating, discontinuing and closing of said streets and alleys as set forth herein would result in no inconvenience to any individual or to the public, and WHEREAS, the petitioners have agreed to bear and defray the costs and expenses incident to the closing of the said streets and alleys. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that all streets and alleys located upon the property lying north of Wise Avenue, S. E., west and south of Tinker Creek and bounded on the west by the east line of Eighteenth Street, S. E., extended, said streets and alleys being embraced within the bounds of Sections 33, 34, 35, 37, 38, and 39, McDonald Addition, all within the City of Roanoke, Virginia, be, and the same is hereby permanently vacated, discontinued and closed; reserving, however, unto the City of Roanoke any and all existing easements in the streets and alleys hereby vacated, disconfi hued and closed and, also, unused easement rights within those portions of Twentieth and Twenty-first Streets, S. E., hereby vacated, discontinued and closed, for the purposes of subsequently installing and maintaining requisite municipal facilities and services therein. BE IT FURTHER ORDAINED that the City Engineer be, and he is hereby directed to mark "Permanently Vacated, Discontinued, and Closed" the said streets and alleys above referred to on all maps and plats on file in the Office of the City Engineer of the City of Roanoke, Virginia, on which said maps and plats said streets and alleys are shown referring to the book and page of Resolutions and Ordinances of'the Council wherein this Ordinance shall be spread. BE IT FURTHER ORDAINED that the Clerk of this Council deliver to the Clerk iiof the Hustings Court for the City of Roanoke, Virginia, a copy of this Ordinance i in order that said C1 ~ ' ' erk may make proper notation on all maps or plats recorded in i his office upon which are shown the said streets and alleys herein permanently vacated, discontinued and closed as provided by law. APPROVED Pres~-i-d-ent IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of September, 1955. No. 12480. AN ORDINANCE to amend and reordain Ordinance No. 11526, adopted by this Council on the llth day of August, 1952, entitled, "AN ORDINANCE authorizing the Roanoke Junior Chamber of Commerce to install and operate a miniature train in the Children's Zoo area on Mill Mountain upon certain terms and conditions". WHEREAS, agreeable to the provisions of Ordinance No. 11526, adopted by i this Council on the llth day of August, 1952, the Roanoke Junior Chamber of i Commerce has installed and operated a miniature train in the Children's Zoo area on Mill Mountain, and WHEREAS, paragraph No. 2 of the aforesaid ordinance limited the original actual cost that the said Roanoke Junior Chamber of Commerce could incur for the train and for the installation of the track and tunnel to a sum not to exceed $13,500.00, and WHEREAS, the said Roanoke Junior Chamber of Commerce has, by letter addressed to the Clerk of this Council under date of Augnst 12, 1955, informed this Council that it had invested slightly more than the $13,500.00 above-mentioned and requested that the aforesaid ordinance be amended so that it might make and recover additional capital expenditures in the amount of $3,500.00, and WHEREAS, this Council is agreeable to granting such request. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Ordinance No. 11526, adopted on the llth day of August, 1952, be, and the same is hereby, amended and reordained so as to read as follows: 1. That the Roanoke Junior Chamber of Commerce be, and ii is hereby, authorized to install and operate a miniature train in the Children's Zoo area on Mill Mountain on a precise location to be approved by the City Manager, and upon the terms and conditions hereinafter set forth. AMENDED By 24 deduction of all necessary expenses ~curred in the operation of the project, until such time as the actual cost of the train and of the installation of the track, tunnel and accessories, not to exceed $17,000.00, shall have been so earned and refunded to it. 3. That after the actual investment of the said Roanoke Junior Chamber of Commerce or $17,000.00, whichever is smaller, has been so earned and refunded to it from the net income derived from the operation of said train, the future net income derived from the operation thereof, after the deduction of all necessary expenses incurred in the operation of the project, all of which expenses shall be approved by the City Manager, shall, for a period of four years, be divided on the basis of 80% of said net income to the Roanoke Junior Chamber of Commerce and the remaining 20% thereof to the City of Roanoke; and thereafter, for a period of two years, such net income shall be equally divided between the said Roanoke Junior Chamber of Commerce and the City of Roanoke; and immediately thereafter, and for no additional consideration, the said Roanoke Junior Chamber of Commerce shall assign and deliver the said train, track, tunnel and all accessories used in connection therewith unto the City of Roanoke and warrant the title to all thereof to be free from the claims of all persons whomsoever. 4. That the said Roanoke Junior'Chamber of Commerce, so long as it retains any financial interest in the project pursuant to the terms of this ordinance, in cooperation with the City Department of Parks and Recreation, shall have the responsibility and authority for determining the hours of the train's operation, duration of its season, the price of the train fare, the promotional features thereof and all general details of the operation of the project. 5. That the Roanoke Junior Chamber of Commerce shall obtain all such protective insurance iq connection with the project as may be prescribed by the City Manager; the cost of the premiums thereof to be considered as necessary operating expenses. 6. That if, after a fair trial, the operation of the project should prove to be unprofitable on Mill Mountain the Roanoke Junior' Chamber of Commerce shall, at its discretion and expense, have the option to cause the train, track and all appurtenances thereto to be moved to and operated in such other City park as may then be approved by the Council of the City of Roanoke. And, in such event, ali of the terms and conditions of this ordinance shall continue and be of the same force and effect as if said project had originally been placed and operated in the park to which it may be remov'ed pursuant hereto. 7. That before this ordinance shall become effective the said Roanoke Junior Chamber of Commerce s~all evidence its agreement to be bound by the terms and conditions hereof by causing its signature and seal to be affixed to the origin hereof by its proper officers. Signed and sealed in com ~p~iance with 7 of this (~rdinance. /r~./ This ./~ .~g d a y o f ~,~///~~-~ paragraph · ;'- /-., 'president INC. 25 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of September, 1955. No. 12481. AN ORDINANCE to amend and reordain Section =121, "Libraries", of the 1955 Appropriation Ordinance, and providing for an emergency. WHEREAS, for. the immediate, preservation of the public peace, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =121, "Libraries", of the 1955 Appropriation Ordinance, be, and the same is hereby .amended and reordained to read as follows, in part: LIBRARIES =121 Salary, Junior Assistant ............................... $ 1,050.00 Salary, Extra Employees ................................ 850.00 BE IT FURTHER ORDaINEDthat, an emergency existing, this Ordinance shall be in effect as of and from October 1, 1955. APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of September, 1955. No. 12482. AN ORDINANCE to amend and reordain Section ~154, "Refunds and Rebates", of the 1955 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the immediate preservation of the public peace, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section #154, "Refunds and Rebates", of the 1955 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: REFUNDS AND REBATES ~154 License Taxes ......................................... $ 3,500.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. C16rk APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of September, 1955. No. 12483. WHEREAS, for the usual daily operation of the office of the Commissioner of Revenue of the City of Roanoke, an emergency is declared to exist, THEREFORE, BE IT ORDAINED by the'Council of the City of Roanoke that Section ~5, "Commissioner of Revenue", of the 1955 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: COMMISSIONER OF REVENUE g5 Salary, Extra Employees...o........................ $ 1,983.33 (1) Stationery and Office SuPPlies''''''''''''''''''''''' 2,550.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage, subject to the approval of the State Compensation Board. APPROVED ATT~ Pre s~i~ent IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of September, 1955. No. 12484. AN ORDINANCE to amend and reordain Section =112, "Stadium and Athletic Field', of the 1955 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the immediate preservation of the public property, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the'Council of the City of Roanoke that Section #112, "Stadium and Athletic Field", of the 1955 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: STADIUM AND ATHLETIC FIELD ~112 Repair~ ............................................ $ 8,500.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of September, 1955. President No. 12485. AN ORDINANCE providing for the sale of the northerly one-half of Lot 22, Block 3, Map of Crosier, by the City of Roanoke at a net consideration of $200.00 cash; and authorizing the execution and delivery of a deed therefor. BE IT ORDAINED by the Council of. the City of Roanoke as follows: 1. That sale be made by the City of Roanoke to C. F. Kefauver of the northerly one-half of Lot 22, Block 3, Map of Crosier, Official Tax No. 3050806, 2. That the proper City officials be, and they are hereby, authorized and directed, for and on behalf of the City, to execute and deliver a proper deed, to be prepared by the City Attorney, conveying, with Special Warranty of title, the abovedescribed real estate to the proposed purchaser and to deliver the same, properly executed, upon receipt of the net cash consideration. Clerk, APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA~ The 19th day of September, 1955. No. 12486. AN ORDINANCE to amend and reordain Section ~143, "Departmental Equipment and Improvements", of the 1955 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the immediate preservation of the public property, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~143, "Departmental Equipment and Improvements", of the 1955 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: DEPARTMENTAL EQUIPMENT AND IMPROVEMENTS g143 (1) .......... $185,163.99 (1) Schools Replacement of student $26,248.55 furniture BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of September, 1955. No. 12487. AN ORDINANCE to amend and reordain Section =67, "Dog Tax Administration", of the 1955 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the immediate preservation of the public safety, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =67, "Dog Tax Administration" of the 1955 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: DOG TAX ADMINISTRATION ~67 28 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of September, 1955. No. 12488. AN ORDINANCE to amend and reordain Section ~99, "Garage", of the 1955 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the immediate preservation of the public property, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council ~f the City of Roanoke that Section =99, "Garage", of the 1955 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: GARAGE ~99 Stationery and Office Supplies ..................... $ 900.00 Supplies ........................................... 8,100.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. Cl~erk APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of September, 1955. No. 12489. AN ORDINANCE to amend and reordain Section =89, "Scales", of the 1955 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the immediate preservation of the public property, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =89, "Scales", of the 1955 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: SCALES Stationery and Office Supplies ..................... $ 65.00 Repairs ............................................ 85.00 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 29 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of September, 1955. No. 12490. AN ORDINANCE to amend and reordain Section ~154, "Refunds and Rebates", of the 1955 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Department of Public Welfare of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~154, "Refunds and Rebates", of the 1955 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: REFUNDS AND REBATES ~154 Public Assistance ..................................... $ 1,500.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Cl~rk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of September, 1955. No. 12491. A RESOLUTION authorizing and directing the City Auditor to pay unto E. ~ E. g. Pfotzer, Incorporated, General Contractors, $12,356.46 reported to be due said contractors, at this time, for work performed under the contract for the construction of the Sewage Disposal Plant. WHEREAS, by letter dated September 6, 1955, from Hayes, Seay, Mattern and Mattern to the City Manager, on file in the Office of the City Clerk, there is tabulated a total of claims for extra work not called for in the contract approved by the Engineers in the amount of $4,341.46, minus a credit of $1,660.00 due the City for 33.2 cubic yards of concrete at $50.00 per yard called for in the contract but not placed, leaving an approved balance of $2,681.46; and WHEREAS, the aforesaid Engineers, in said letter, recommend that the last-mentioned sum of $2,681.46 plus the $10,000.00 in retained percentage, or $12,681.46 be paid; provided that there be deducted therefrom the cost to the City of repairing the pump room front wall and the building cupola; and WHEREAS, the Assistant City Auditor has reported that the cost of repairing the pump room front wall was $175.00 and the cost of repairing the building cupola was $150.00, or a total of $325.00 for the two items; which sum deducted from the $12,681.46 leaves the sum of $12,356.46 as the amount approved for payment, at this time, by the aforesaid Engineers; and 3O WHEREAS, the City Manager has recommended the payment of said last- mentioned sum to the aforesaid contractors at this time. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Auditor be, and he is hereby, authorized and directed to pay unto E. & E. J. Pfotzer, Incorporated, contractors, $12,356.46, being $10,000.00 retained percentage and approved extras, as set forth in the letter of Hayes, Seay, Mattern and Mattern to the City Manager, bearing date September 6, 1955, and on file in the Office of the City Clerk, less the $325.00 repairs paid by the City. ES . APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE. VIRGINIA. The 19th day of September, 1955. No. 12492. AN ORDINANCE to amend and reordain Section =143, "Departmental Equipment and Improvementsn, of the 1955 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the immediate preservation of the public safety, an emergency is declared to exist. THEREFORE~ BE IT ORDAINED by the Council of the City of Roanoke that Section =143,'~epartmental Equipment and Improvements", of the 1955 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: DEPARTMENTAL EQUIPMENT AND IMPROVEMENTS =143 (1) ............ $185,913.99 (1) Juvenile Detention Home 1 Electric $750.00 refrigerator (2) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. 1 erk APPROVED ~resXden~' IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of September, 1955. No. 12493. A RESOLUTION creating a Subdivision Committee to study the Subdivision Ordinance of the City of Roanoke and thereafter, if deemed advisable, to recommend additions thereto or deletions therefrom for the consideration of Council follows: WHEREAS, at the last regular meeting of this body, held on September 6, 1955, the City Manager recommended the creation of a Subdivision Committee to study the Subdivision Ordinance of the City of Roanoke and thereafter, if deemed advisable, to recommend additions thereto or deletions therefrom for the consideration of Council; and WHEREAS, Council deems such a study, at this time, to be in the best interest of the City; and WHEREAS, for the public peace, an emergency is set forth and declared to exist. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as 1. That there is hereby created a Subdivision Committee consisting of Mr. Randolph G. Whittle, Chairman, Mr. Herbert A. Davies, Mrs. Mary C. Pickett, Mr. Arthur S. Owens, Mr. Harry R. Yates, Mr. R. R. Quick and Mr. Thomas D. Taylor; 2. That the Subdivision Committee is hereby directed to study the i Subdivision Ordinance of the City of Roanoke, to hold such hearings and conferences as it considers necessary and, thereafter, if deemed advisable, to recommend additions to or deletions from the Ordinance, for the consideration of Council; provided, however, that said committee shall incur no financial obligations against the City without the prior authorization of this body. 3. That the said Subdivision Committee is directed to make its report to this body, if possible, within sixty days from the passage of this Resolution. 4. That, an emergency existing, this Resolution shall be in effect from its passage. APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of September, 1955. No. 12494. A RESOLUTION offering for sale on the 2nd day of November, 1955, bonds amounting to Three Hundred Fifty Thousand Dollars ($350,000.00) to provide funds to defray the City's share of the cost of permanent public improvements, to-wit: Acquisition of sites for, apprOaches to and the construction of, a new grade separation viaduct designed to replace the existing Jefferson Street grade crossing over the Norfolk and Western Railroad, on U. S. Route 11, in the City of Roanoke, authorized at an election held on the lOth day of June, 1952; directing that said bonds shall be dated the 1st day of December, 1955, and delivered 32 to the purchaser or purchasers on the 7th day of December, 1955, or as soon thereafter as is reasonably convenient; directing the City Clerk to advertise said sale of bonds and to have the bonds prepared. WHEREAS, the freehold voters of the City of Roanoke, on the 10th day of June, 1952, approved an Ordinance (~11406) for the issuance of Three Hundred Fifty Thousand Dollars ($350,000.00) of bonds of the City of Roanoke for the purpose of providing funds to defray the City's share of the cost of permanent public improvements, to-wit: Acquisition of sites for, approaches to and the construction of, a new grade separation viaduct designed to replace the existing Jefferson Street grade crossing over the Norfolk and Western Railroad, on U. S. Route 11, in the City of Roanoke. THEREFORE, BE'IT RESOLVED, by the Council of the City of Roanoke, as follows: 1. That bonds amounting to Three Hundred Fifty Thousand Dollars ($350,000.0 for the purpose of providing funds to defray the City's share of the cost of permanent public improvements, to-wit: Acquisition of sites for, approaches to and the construction of, a new grade separation viaduct designed to replace the existing Jefferson Street grade crossing over the Norfolk and Western Railroad, on U. S. Route 11, in the City of Roanoke, be, and the same are to be, offered for sale on the 2nd day of November, 1955, at twelve o'clock, noon; 2. That said bonds shall be dated December 1, 1955, and shall mature $35,000.00 bonds on December I in each of the years 1956 to 1965, inclusive; 3. That said bonds shall be delivered to the purchaser or purchasers on the 7th day of December, 1955, or as soon thereafter as is reasonably convenient; 4. That the City Clerk be, and he is hereby, directed to advertise said sale of bonds in such publications as to him shall seem best and for such length of time as he shall deem necessary, reserving the right to the City to reject any and all bids; and That the City Clerk be, and he is hereby, directed to have the bonds prepared. .~/~ Clei-k A P P.R 0 V E D P~eside~ ' ' IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA. The 26th day of September, 1955. No. 12496. AN ORDINANCE to amend and reordain Section =1, "Council", of the 1955 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~1, "Council", of the 1955 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: COUNCIL ~1 Travel Expense ......................................... $ 583.46 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of September, 1955. No. 12497. AN ORDINANCE to amend and reordain Section ~27, "Sergeant", of the 1955 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the immediate preservation of the public peace, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~27, "Sergeant", of the 1955 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: SERGEANT ~27 Salary, Extra Employees -$675.00 .............. $ 225.00 (1) Stationery and Office Supplies (2) .................. 425.00 (1) One-third of actual salaries. Total salaries shown in column after title. (2) Two-thirds reimbursed by State. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage, subject to the approval of the Compensation Board. APPROVED P r e sTff~-~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of September, 1955. No. 12498. AN ORDINANCE to amend and reordain Section g29, "Clerk of Courts", and Section ~143, "Departmental Equipment and Improvements", of the 1955 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the office of the Clerk of Courts of the City of Roanoke, an emergency is declared to exist. THEREFORE. BE IT ORDAINED by the Council of the City of Roanoke that Section ~29, "Clerk of Courts", and Section ~143, "Departmental Equipment and Improvements", of the 1955 Appropriation Ordinance, be, and the same are hereby amended and reordained to read as follows, in part: CLERK OF COURTS ~29 Maintenance of Machines .............................. $ 486.00 DEPARTMENTAL EQUIPMENT AND IMPROVEMENTS ~143 (1) .......... $ 185,788.99 (1) Clerk of Courts 1 Steel safe $125.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Pres~--- IN THE COUNCIL OF THE CITY OF ROANOKE. VIR6INIA, The 26th day of September, 1955. No. 12499. A RESOLUTION accepting the proposal of M. S. Hudgins, Roanoke, Virginia, for the construction of sanitary sewer to serve portions of the area of Salem Avenue, West Avenue and Westview Avenue, S. W., west of Eighteenth Street, in the total sum of $15,693.00; authorizing and directing the City Manager to execute the requisite contract; and providing for an emergency. WHEREAS, a committee composed of Mr. Arthur S. Owens, City Manager, Mr. John L. Wentworth, Director of Public Works, and Mr. H. Cletus Broyles, City Engineer, upon the request of the Council of the City of Roanoke, has tabulated bids heretofore received for the construction of sanitary sewer to serve portions of the area of Salem Avenue, West Avenue and Westview Avenue, S. W., west of Eighteenth Street, and WHEREAS, it appears from said tabulation that the bid of M. S. Hudgins, Roanoke, Virginia, in the total sum of $15,693.00, is the lowest and best bid received for the construction of sanitary sewer to serve portions of the area of Salem Avenue, West Avenue and Westview Avenue, S. W., west of Eighteenth Street, and WHEREAS, this Council is of the opinion that the proposal of M. S. Hudgins, Roanoke, Virginia, should be accepted and that a contract for the project should be so awarded to Mr. Hudgins, and WHEREAS, for the preservation of the public health, an emergency is declared to exist. THEREFORE. BE IT RESOLVED by the Council of the City of Roanoke as follows: Section 1. That the bid of M. S. Hudgins, Roanoke, Virginia, for the construction of sanitary sewer to serve portions of the area of Salem Avenue, West Avenue and Westview Avenue, S. W., west of Eighteenth Street, is hereby determined and declared to be the best bid therefor; and that a contract for said project be forthwith executed in the sum of $15,693.00. Section 2. That Arthur S. Owens, City Manager, be, and he is hereby authorized and directed, for and on behalf of the City of Roanoke, to execute the contract herein provided for. Section 3. That, an emergency existing, this Resolution shall be in effect from its passage. ATTEST :,/ Clerk APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE. VIRGINIA, The 26th day of September, 1955. No. 12500. A RESOLUTION expressing the City's appreciation of a recent gift to the City by the Norfolk and Western Railway Company. WHEREAS, the Norfolk and Western Railway Company, through its president, Mr. R. H. Smith, has very recently donated and given to the City one of its real, steam locomotives with coal tender attached and has delivered the same to the City in Wasena Park and Playground, where it is intended to remain hereafter for the entertainment and delight of children and would-be children who visit said park and playground for recreational purposes; and WHEREAS, the aforesaid gift may be the first of other unusual attractions representing various means and modes of transportation which may be located in Wasena Park and Playground for the education, entertainment and interest of children and others visiting said park and playground and, also, typical of the City's history and background. THEREFORE. BE IT RESOLVED by the Council of the City of Roanoke that said body, on behalf of the children and citizens of said City, extends to the Norfolk and Western Railway Company and its officials the City's thanks and appreciation for the generous gift to the City of the aforesaid steam locomotive and tender for use at the City's Wasena Park and Playground. BE IT FURTHER RESOLVED that the aforesaid gift may set a pattern for other similar attractions to be located at said park and playground which would, in reality, depict for children and others using said park and playground, this City's background and progress in transportation by actual examples of the various means and modes thereof. BE IT FINALLY RESOLVED that the City Clerk transmit an authenticated copy of this resolution to the president of the Norfolk and Western Railway Company. APPROVED ler~ Pres~ ~. 36 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of September, 1955. No. 12501. AN ORDINANCE to amend and reordain Section ~54, "City Home", of the 1955 Appropriation Ordinance, and providing for an emergency. WHEREAS, it is the sense of this Council that the care of convalescent patients at the City Home should be continued, and . WHEREAS, for the preservation of the public health, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~54, "City Home", of the 1955 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: CITY HOME ~54 Salary, Nurse (1 Month) ............. Salary, PractiCal Nurse Salary, Practical Nurse (3 Months) ................... Salary, Orderly (3 Months) ......................... -.., Repairs .............................................. $ 255.00 1,350.00 450.00 450.00 1,500.00 BE IT FURTHER ORDAINED that, from the unexpended balance of funds appropriated for capital outiays for the City Home under Section =143, "Departmental Equipment and Improvements", the City Manager be, and he is hereby authorized to purchase the following: $ 480.00. 3OO. OO 6 Hospital beds and mattresses 6 Bedside tables BE IT FURTHER ~RDAINED that, an emergency existing, this Ordinance shall APPROVED be in effect from its passage. President Clerk IN THE COUNCIL OF THE CItY OF ROANOKE, VIRGINIA. The 26th day of September, 1955. No. 12503. AN ORDINANCE providing for certain needed public improvements at Roanoke Munici. pal Stadium; and providing for an emergency. WHEREAS, there has heretofore been appropriated in the Improvement Fund - Stadium Account from the City's bond funds heretofore authorized for the purpose sufficient money to provide for the needed public improvement~ hereinafter mentioned; and WHEREAS, the needed public improvements to Roanoke Municip'al Stadium and A~hletic Field hereinafter mentioned have been recommended by the Stadium Advisory Committee and by the City Manager, which recommendations are concurred in by this Council; and WHEREAS, for the usual daily operation of the Department of Parks and R~ar~atinn. an emeroencv is herebv declared to exist in order that this 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 immediately proceed to accomplish the following enumerated needed public improvements at Roanoke Municipal Stadium and Athletic Field at costs not to exceed the sums hereinafter provided, respectively, the same to be paid out of funds heretofore appropriated to the Improvement Fund - Stadium Account: 1. Installation of steel bridge, donated by the Norfolk and Western Railway Company, or an alternate bridge approved by the Council of the ~City of' Roanoke, over Roanoke River connecting ~the stadium and athletic grounds to South Roanoke t\Park, with necessary appurtenances t. hereto ....... cost, $11,000.00 2. Acquisition and installation of wat'er heaters and necessary electrical wiring therefor in the concession stands under Roanoke Municipal Stadium .......... cost, $ 950.00 3. Acquisition and installation of unit heaters and wiring, floor and c~anvas, in and on Press Box at Roanoke ip $ Munic al Stadium ............................... cost, 3,770.00 Installation of brick wall at south end of football field at Roanoke Municipal Stadium .............. cost, $ 3,520.00 Acquisition and Installation of modern type bleacher seats to accommodate 3,000 people at Roanoke Municipal Stadium .................................. . ....... cost, $22,500.00 6. Installation of electric and flood lights around and outside of said Stadium ......................... cost, $ 6,000.00 The said City Manager shall, in effecting the needed public improvements hereinabove provided, comply with existing ordinances and directives of the Council with respect to the awarding of contracts and the invitation of bids therefor. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in full force and effect from its passage. APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE. VIRGINIA. The 26th day of Septemb~er, 1955. No. 12506. A RESOLUTION expressing appreciation for a recent gift to the City by American Bridge Division of United States Steel Corporation. WHEREAS, the City and other governmental agencies has recently constructed and dedicated at Maher Field, in the City, a new National Guard Armory upon the dedication of which American Bridge Division of United States Steel Corporation, through L. J. Larison, its local manager, presented to the City and installed at the new Armory a steel flagpole, hereafter to be used at said Armory; and WHEREAS, Council of the City is genuinely appreciative of the aforesaid gift and desires to express to its donor and to said doner's officials this body's feelings in the matter. AMENDED A?¢tiNOED By THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this body, for itself and for the citizens of the City, hereby expresses to American Bridge Division of United States'Steel Corporation and to L. J. Larison, its local manager, the appreciation of this Council and of the citizens of the City of the recent donation by said company of the new steel flagpole recently erected at the City's new National Guard Armory. BE IT FURTHER RESOLVED that the Clerk transmit an authenticated copy of this Resolution to the local mananger of the aforesaid donor. APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of September, 1955. No. 12507. A RESOLUTION Providing for a banking institution in the City of New York as a place of payment for bonds and coupons mentioned and provided for in an Ordinance, No. 11406, entitled: "AN ORDINANCE to provide for the issue of bonds not to exceed Three Hundred Fifty Thousand Dollars ($350,000.00) to defray the City's share of the cost of permanent public improvements, to-wit: acquisition of sites for, approaches to and the construction of, a new grade separation viaduct designed to replace the existing Jefferson Street grade crossing over the Norfolk g Western Railroad, on U. S. Route 11, in the City of Roanoke; and providing for an emergency", passed by the Council of the City of Roanoke, Virginia, on the 22nd day of April, 1952, and ratified by a majority of the qualified voters of said City voting at an election duly and legally called, held and conducted on the lOth day of June, 1952, and for a proposal by the City of Roanoke to prospective purchasers of said bonds that the bonds and coupons will be paid at such banking institution in the City of New York, the proposal to be made and constitute a part of the purchase agreement; and providing for an emergency. WHEREAS, an Ordinance, No. 11406, entitled: "AN ORDINANCE to provide for the issue of bonds not to exceed Three Hundred Fifty Thousand Dollars (.$350,000.00) to defray the City's share of the cost of permanent public improvements, to-wit: acquisition of sites for, approaches to and the construction of, a new grade separation viaduct designed to replace the existing Jefferson Street grade crossing over the Norfolk & Western Railroad, on U. S. Route 11, in the City of Roanoke; and providing for an emergency", passed by the Council of the City of Roanoke, Virginia, on the 22nd day of April, 1952, and ratified by a majority of the qualified voters of said City voting at an election duly and legally called, held and conducted on the lOth day of June, 1952, provides, in part, that the City Council may, in its discretion, by resolution, provide a place, in addition to the Office of the City Treasurer, for payment of said bonds and coupons; and 39 WHEREAS, in order to attract more favorable bids from prospective purchasers of the bonds, mentioned and described in the ordinance, than would be possible unless the bonds and coupons be made payable in the City of New York, it is deemed expedient to assure bidders therefor that the bonds and interest coupons attached thereto will be payable not only at the Office of the Treasurer of the City of Roanoke, but also at a banking institution in the City of New York; and WHEREAS, for the public health and safety, an emergency is set forth and declared to exist. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, Virginia, as follows: Section 1. That all bonds and interest coupons mentioned and provided for in an Ordinance, No. 11406, entitled: "AN ORDINANCE to provide for the issue of bonds not to exceed Three Hundred Fifty Thousand Dollars ($350,000) to defray the City's share of the cost of permanent public improvements, to-wit: acquisition of sites for, approaches to and the construction of, a new grade separation viaduct designed to replace the existing Jefferson Street grade crossing over the Norfolk & Western Railroad, '.on U. S. Route 11, in the City 'of Roanoke; and providing for an emergency", passed by the Council of the City of Roanoke, Virginia, on the 22nd day of April, 1952, and ratified by a majority of the qualified voters of said City voting at an election duly and legally called, held and conducted on the lOth day of June, 1952, be made payable at the office of the City Treasurer of said City, or, at the holder's option, at the Manufacturers Trust Company, 55 Broad Street, New York City, New York. Section 2. That in the offer or offers for sale of bonds by the City of Roanoke, such offer or offers shall include a proposal to prospective purchasers that the bonds and coupons attached will be made payable as provided in Section 1 hereof, which proposal shall be, and constitute, a part of the purchase agreement between the City of Roanoke and the purchaser or purchasers of the bonds when sold. Section 3. That, an emergency existing, this Resolution shall be in effect from its passage. APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of October, 1955. No. 12495. AN ORDINANCE to amend and reenact Article I, Section 1, of Chapter 51, of the Code of the City of Roanoke, Virginia, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have property located on the southwest corner of Franklin Road and Highland Avenue and extending south on Franklin Road to Washington Avenue described as Lots 15 and 16, Block 20 of the Lewis Addition to the City of Roanoke, Virginia, and known and designated on the Official Map of Roanoke City as ~1022016, 1022017 and 1022018 rezoned from Special Residence District to Business District, and WHEREAS, the City Planning Commission has recommended that the above property be rezoned from Special Residence District to Business District as requested, and WHEREAS, notice required by Article XI, Section 43, of Chapter 51, of the Code of the City of Roanoke, Virginia, relating to Zoning, has been published in "The Roanoke World-News", a newspaper published in the City of Roanoke, for the time required by said section, and WHEREAS, the hearing as provided for in said notice published in the said newspaper was held on the 26th day of September, 1955, at 2:00 o'clock, p. m., before the Council of the City of Roanoke, in the Council Room in the Municipal Building, at which hearing no objections were presented by property owners and other interested parties in the affected area, and WHEREAS, this Council, after considering the application for rezoning, is of the opinion that the above property should be rezoned as requested. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Article I, Section 1, of Chapter 51, of the Code of the City of Roanoke, Virginia, relating to Zoning, be amended and reenacted in the following particular and no other, viz: Property located on the southwest corner of Franklin Road and Highland Avenue and extending south on Franklin Road to Washington Avenue described as Lots 15 and 16, Block 20 of the Lewis Addition to the City of Roanoke, Virginia, and known and designated on the Official Map of Roanoke City as =1022016, 1022017 and 1022018, and is all set forth on that map designated as Sheet number 102 of the Zoning Map of the City of Roanoke, be, and is hereby changed from Special Residence District to Business District and the Zoning Map herein referred to shall be changed in this respect. ' Cler~ APPROVED Pres~=-- IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of October, 1955. No. 12502. AN ORDINANCE to amend and reenact Article I, Section 1, of Chapter 51 of the Code of the City of Roanoke, Virginia, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have a tract of land. containing 6.4 acres, more or less, located on the south side of Cove Road, N. W., designated as Official No. 2450101, 2.4 acres, more or less; Official No. 2460408, 1 acre; and Official No. 2460407, 3 acres, rezoned from General Residence District to Business District; and WHEREAS, the City Planning Commission has recommended that the above tract of land be not rezoned from General Residence District to Business District, as requested; and WHEREAS, notice required by Article XI, Section 43, of Chapter 51 of the Code of the City of Roanoke, Virginia, relating to Zoning, has been published in "The Roanoke World-News", a newspaper published in the City of Roanoke, for the time required by said section; and WHEREAS, the hearing as provided for in said notice published in the said newspaper was given on the 19th day of September, 1955, at 2:00 o'clock, p. m., before the Council of the City of Roanoke in the Council Room in the Municipal Building, at which hearing no objections were presented by property owners and other interested parties in the affected area; and WHEREAS, this Council, after considering the application and the evidence both for and against said rezoning, is of the opinion that the above property should be rezoned as requested. THEREFORE. BE IT ORDAINED by the Council of the City of Roanoke that Article I, Section 1. of Chapter 51 of the Code of the City of Roanoke, Virginia, relating to Zoning, be amended and reenacted in the following particular and no other, viz.: A tract of land, containing 6.4 acres, more or less, located on the south side of Cove Road, N. W., being the property designated on Sheets 245 and 246 of the Zoning Map as Official No. 2450101, Official No. 2460408 and Official No. 2460407, be, and is hereby changed from General Residence District to Business District, and the Map herein referred to shall be changed in this respect. APPROVED Pre sid~'~~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of October, 1955. No. 12504. AN ORDINANCE to amend and reordain Ordinance No. 9152 adopted by the Council of the City of Roanoke on the llth day of August, 1947, as the same was thereafter amended by Ordinance No. 9513 adopted by the said Council on the 21st day of June, 1948, by Ordinance No. 10024 adopted by said Council on the 13th day of June, 1949, and by Ordinance No. 12292 adopted by said Council on the 3rd day of January, 1955, entitled "The Air Pollution Control Ordinance of the City of Roanoke, 1949", by the enactment of a new Ordinance to ~known, designated and cited as "The Air Pollution Control Ordinance of the City of Roanoke, 1955", regulating the emission of smoke and other products of combustion, regulating the construction, installation, alteration, reconstruction or repair of certain boilers, furnaces, heaters and other related or similar combustion equipment; providing for the approval of applications for permits; providing penalties for the violation of the provisions of this Ordinance; and providing for an Air Pollution Control Advisory and Appeal Board. BE IT ORDAINED by the Council of the City of Roanoke that Ordinance No. 9152 heretofore adopted by the Council of the City of Roanoke on the llth day of August,. 1947, as thereafter amended by Ordinance No. 9513 adopted by said Council on the 21st day of June, '1948, by Ordinance No. 10024 adopted by said Council on the 13th day of June, 1949, and by Ordinance No. 12292 adopted by said Council on the 3rd day of January, 195§, entitled "The Air Pollution Control Ordinance of the City of Roanoke, 194@", be, and the same is hereby, amended and reordained so as to read and provide as follows: Section 1. DEPARTMENT OF AIR POLLUTION CONTROL. The Department of Air Pollution Control is hereby continued and shall be an administrative department responsible to the City Manager, the chief of which shall be known as the DirectOr, who shall be appointed by the City Manager. The individual so appointed shall be qualified by training and experience in the theory and practice of air pollution control. Other personnel such as clerks, stenographers, inspectors, and others may be employed by the Director with the approval of the City Manager. Section 2. ADVISORY BOARD. The Air Pollution Control Advisory Board consisting of five members heretofore appointed by City Council shall continue in office for the respective terms of their appointment and they and their successors shall constitute the Air Pollution Control Advisory Board and the Air Pollution Control Appeal Board provided for in this Ordinance. Annually hereafter on or before the 1st day of January of each year, the Council shall appoint a member or members of such Board to fill the vacancy or vacancies caused by the expiration of the term or terms of office of any member or members, and such member or members then appointed shall hold office for a term of four years from the 1st day of January of the year of his appointment. If any vacancy shall occur on said Board caused by resignation or any other reason other than expiration of a term, the Council shall appoint a member for the remainder of such term. Members of the Board shall serve without remuneration for their services but shall be reimbursed for all expenses necessarily and actually incurred in the performance of their duties as members of such Board. Section 3. ADMINISTRATION. The Director shall be responsible for the administration of this Ordinance. He shall issue all notices provided for hereunder and shall keep on file all reports of violations, complaints, and other records. The Director and inspectors employed in this department shall investigate complaints and make inspections and observations of smoke conditions in the City of Roanoke and they shall keep daily written records of all inspections, violations and complaints. Section 4. DEFINITIONS. (a) DIRECTOR. The term "The Director" or "Director" shall mean the Director of the Department of Air Pollution Control. (b) PERSON. The word person shall include individuals, firms, corporations,~ companies, receivers, associations, executors, administrators, trustees, guardians,, agents, or any other legal entities. (c) DENSE SMOKE. Dense smoke, as the term is used in this Ordinance, is hereby defined as smoke the density or shade of which is equal to or greater than No. 3 of the Ringelmann Chart as prepared and approved by the United States Bureau of Mines. (d) FUMES. The term "FUMES" as used in this Ordinance is hereby defined to mean any visible fumes or gases other than smoke regardless of color or shade of a density equal to or greater than No. 1 of the Ringelmann Chart. (e) FLY ASH. "Fly Ash" as the term is herein used, is hereby defined to mean all cinders, dust, fly ash, soot, and other solids formed as a result of the combustion of fuel, and carried into the gas stream so as to reach the external air. (f) STACK. "Stack" is hereby defined to mean any chimney, smokestack, structure, or opening of any kind whatsoever capable of emitting smoke. (g) OPEN FIRE. An "Open Fire" is hereby defined to be a fire not contained within a combustion unit so designed as to prevent the excessive emission of smoke, soot, cinders, noxious acids, fumes and gases~. Section 5. APPROVAL OF CERTAIN HEATING INSTALLATIONS. Before any person shall construct, install, reconstruct, alter or repair any heating or combustion equipment in the City employing solid fuel or commercial oil, known as Bunker C or No. 5 or No. 6 oil, or having a fuel input of 400,000 BTU's or more per hour he shall first obtain therefor an installation permit from the City's Department of Buildings pursuant to the provisions of the Official Building Code of the City of Roanoke. Prior to the issuance of any such permit, the City's Building Inspector shall cause to be transmitted to the Department of Air Pollution Control the plans and specifications filed with the application for such permit which plans and specifications shall be examined by the Director for the purpose of determining whether or not ~he provisions made for the prevention of smoke are of the kind and character to enable the equipment or heating device to be operated without violating the provisions of this Ordinance. The said Director shall promptly endorse thereon his approval or disapproval of said plans and specifications and return the ,same to the Department of Buildings, whereupon, and provided that all other requirements of the said Bui, lding Code have been met, the Building Inspector may issue an installation permit and the application shall be made a part of the same. Section 6. INSPECTION NECESSARY. The Director or an assistant shall inspect after completion all boilers, furnaces, or other apparatus for which an approval by the Director is required according to Section 5 and for which an installation permit has been issued, and if the same be found to be in accordance with the requirements of this Ordinance and with the approved plans and specificatio and the information given on the aonlication in~nCnr is concerned, the Director shall so notify the Building Inspector who shall in turn, after his inspection, issue a Certificate of Inspection. Such issuance of a Certificate of Inspection shall not exempt, nor be held to exempt, any person, firm, or corporation from prosecution on account of the subsequent emission of excessive smoke. Section 7. RULES AND REGULATIONS. In addition to the requirements set forth, the Director is hereby authorized to promulgate rules and regulations, insofar as air pollution control is concerned, governing setting heights and setting methods of boilers, furnaces and stokers; sizes and construction methods of flues, breechings, chimneys, and stacks; sizes and types of furnaces, stokers, boilers, and other fuel-burning equipment, grate area, use, size, number and type of steam-air jets or other smoke eliminating devices, as determined by the kind of fuel to be used, which rules and regulations shall first be approved by resolution of Council before becoming effective. Any such rules and regulations shall be preserved in the office of the Department of Air Pollution Control and made available for public inspection. Such rules and regulations shall embody basic principles as set forth in publications of recognized standard authorities such as the Federal Bureau of Mines, the Department of Commerce, Bureau of Standards, Stoker Manufacturers Association, American Society of Mechanical Engineers, American Society for Testing Materials, National Warm Air Heating and Air Conditioning Association, National Association Heating and Piping Contractors, American Society of Heating and Ventilating Engineers, the National Board of Fire Underwriters, the American Gas Association, or other recognized authority. Section 8. WHEN SMOKE A NUISANCE. The production, emission, or other escape of smoke within the City of Roanoke of a density equal to or greater than that defined in Section 4 (c) of this Ordinance, from any fire or fires whether the same be active or burning or banked or in a state of rest, such smoke being suffered or permitted to escape through a stack, flue, or chimney, except for a period or periods aggregating 6 minutes in any 60 minute period during which time the firebox or fireboxes are being cleaned out or-a new fire or fires built therein, is hereby declared a nuisance and shall be summarily abated by the Director or by anyone whom he may duly authorize for such purpose. Such abatement shall be in addition to any penalty hereinafter provided. Any person who shall suffer or permit the production, emission, or other escape of smoke within the City of Roanoke of a density equal to or greater than that defined in Section 4 (c) of this Ordinance, from any fire or fires, whether the same be active or burning or banked or in a state of rest, such smoke being suffered or permitted to escape through a stack, flue, or chimney, except for a period or periods aggregating 6 minutes in any 60 minute period during which time the firebox or fireboxes are being cleaned out or a new fire or fires built therein, shall be deemed guilty of a misdemeanor and punished as provided in Section 17 of this Ordinance. Section 9. ROUNDHOUSE AND TERMINALS. At roundhouses and terminals an immunity of periods aggregating 6 minutes in any 60 minute period shall be allowed when fires are being cleaned or fires are being built in cold locomotives. After the fire has been built, the locomotive shall not emit smoke in violation of Section 10. FUMES. The emission from any premises of visible fumes or igases other than smoke regardless of color or shade of a density equal to or greater than No. 1 of the Ringelmann Chart is hereby prohibited, and any person who shall suffer or permit the emission of same from any premises shall be guilty of a misdemeanor and punished as provided in Section 17 of this Ordinance. The ~emission at any time of smoke equal to or greater than No. S of the Ringelmann .Chart shall be unlaw£ul and constitute a misdemeanor hereunder. Section 11. CINDERS, DUST, FLY ASH, SOOT, ACID. It shall be unlawful for any person to cause or allow to escape into the open air such quantities of cinders, dust, fly ash, soot, acid, or other fumes, dirt, or other materials, or obnoxious gases, in such place or manner as to cause injury, detriment, nuisance, or annoyance to any other person or damage to any other property and the same shall constitute a misdemeanor punishable under Section 17 of this Ordinance. Section 12. DEFENSE PROVISIONS. In any proceeding under this Ordinance, it shall be a good defense if the person, charged with the unlawful emission of smoke, fly ash, soot, cinders, noxious acids, fumes or gases, shall show to the satisfaction of the court or jury trying the case that an adequate supply of smokeless solid fuel is not available and shall further' show that there is no known practicable device, appliance, means or method by application of which to his building, establishment, premises, locomotive, or other equipment, the emission or discharge of the dense smoke, fly ash, soot, cinders, noxious acids, fumes or gases, complained of in such proceeding, could have been prevented. Section 13. APPROVAL REQUIRED-. No person shall put into use or. cause to be used any new, remodeled, or reconstructed stationary boiler, furnace, incinerator stack, or other apparatus connected with the stack required by this Ordinance to be inspected, until a certificate of inspection as provided for hereunder shall have been issued. Section 14. FIRING EQUIPMENT. Each heating plant hereafter installed, altered, rebuilt, or reconstructed, having an input of 4.00,000 Btu's or more per hour, shall be an approved smokeless type or shall be equipped with mechanical methods of firing coal, oil, or gas, except that a permit may be issued for the use of coke only, in which event no other fuel may be used in such plants, and the use of other fuel in such plants shall constitute a violation of this Ordinance. A permit may be issued for only one such boiler in any one plant. Section 15. EXEMPTION FROM PROSECUTION. The issuance of any installation permit or certificate of inspection for the construction, reconstruction, alteration, or repair of any boiler, furnace, incinerator, stack, or other apparatus connected with the stack, shall not be held or construed to exempt any person to whom such. installation permit or certificate of inspection may have been issued from prosecution on account of the emission of smoke, visible fumes or gases, or of the products of combustion which are herein prohibited. Section 16.- RIGHT TO ENTER. The Director or his assistants upon identification shall have the right to enter and inspect in the performance ~of his or their duties, at all reasonable hours, all premises from which smoke, 46¸ cinders, dust, gas, fly ash, fumes, or odors are being emitted in violation of this Ordinance, or have been emitted, or where the construction, installa;ti.on, reconstruction, altera~tion or repair of any boiler, furnace, stack, or other apparatus connected with the stack is taking place or has taken place, and it shall be un!awful for any person to deny admittance to said Director or his assistants or to in;terfere with him or them in the performance of his or their duties. Section 17. PENALTIES. Any person found guilty of violating any provision of this Ordinance shall be fined not less than $10 nor more than $100 for each such violation. Offenses committed on separate days. shall, be deemed to be separate offenses for the purposes of this Ordinanc~e. ; Section 18. ADVISORY AND APPEAL BOARD. The Air Pollution Control Advisory Board shall act as advisor on matters of Air Pollution Control to both City Council and the Director. The Advisory Board shall act also as an Air Pollution Control Appeal Board and shall review any appeal made in writing by any person dissatisfied with any decision of the Director. The members of said Board shall be residents of the city and shall have no interest in the sale or control of any smoke prevention equipment or apparatus. The Advisory Board may prepare such rules and regulations as may be deemed necessary for them in the discharge of their duties. As an Appeal Board, it shall decide all appeals properly before it and shall either affirm, modify, or overrule any decision of the Director, properly brought before said Board for review. Section 19. OPEN FIRES. It shall be unlawful for any person to permit or cause or allow the burning of old rubber, automobile batteries, leather, waste oils, and grease, garbage, junk automobiles, or similar items, cloth materials, plastics, or leaves or trimmings, or any such refuse in open fires in such a manner as to cause nuisance, annoyance, detriment, or discomfort to any other person or persons or damage to business or property. A violation of this section shall constitute a misdemeanor punishable under Section 17 of this Ordinance. Section 20. SEALING OF EQUIPMENT. After an owner, person, agent, occupant, manager or lessee of any premises has been convicted more than once of a violation of this Ordinance within any consecutive twelve (12) month period, in respect to the emission of dense smoke, soot, cinders, noxious acids, fumes, gases, or fly ash, the owner, agent, occupant, manager, or lessee of said premises may be notified to show cause before the Director of Air Pollution Control on a day certain, not less than ten (10) days from the date of the notice, why the equipment causing such violations should not be sealed. The notice herein provided for may be given by mail directed to the last known address of the party to be notified, or if said party or his whereabouts is unknown, then by posting a notice on the premises at which the violations shall have occurred. Upon said date, said violator may appear and be heard. Upon such hearing, if the Director of the Department of Air Pollution Control finds that adequate corrective means and methods have not been employed to correct the cause of such condition, then he shall seal said equipment until such time as adequate changes to the equipment have been made. Any person may within ten (10) days of the decision of the in Section 18 and the appeal shall stay the sealing of said equipment, pending the appeal. Section 21. VIOLATING OFFICIAL SEAL. It shall be unlawful and constitute a misdemeanor for any person to violate a seal of any equipment or process that has been duly sealed by the Director of Air Pollution Control, unless authorized by the Director of Air Pollution Control, in writing, or by a court of competent jurisdiction. Section 22. OUTDOOR FIREPLACES. Outdoor fireplaces designed primarily for use as outdoor cooking appliances shall not be used as incinerators in such a manner as to cause nuisance, annoyance, detriment, or discomfort to any person or persons, or to cause the emission of smoke, fumes, fly ash, dust, or soot prohibited by this Ordinance. Section 23. VALIDITY. Should any section, part, paragraph, or provision of this Ordinance be declared unconstitutional or held invalid for any reason, the remainder of said Ordinance shall not be affected thereby. Section 24. CITATION. This Ordinance shall be known, designated and cited as "The Air Pollution Control Ordinance of the City of Roanoke, 1955". Clerk APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of October, 1955. No. 12505. AN ORDINANCE amending and reordaining Section 1100, Installation Standards, of Article XI, Relating to Heat Producing Appliances, Heating, Ventilating, Air Conditioning, Blower and Exhaust Systems of The Official Building Code of the City of Roanoke as heretofore amended; and repealing Ordinance No. 12293 heretofore adopted on the 3rd day of January, 1955. BE IT ORDAINED by the Council of the City of Roanoke that Section 1100, Installation Standards, of Article XI, relating to Heat Producing Appliances, Heating, Ventilating, Air Conditioning, Blower and Exhaust Systems of The Official Building Code of the City of Roanoke be, and the same is hereby, amended and reordained so as to read and provide as follows: Section ll00-A. INSTALLATION STANDARDS. (a) Heat producing appliances and systems (including incinerators) hereafter installed shall be installed in accordance with standard practices for safe installation and use without danger of overheating combustible material or construction and with standard practices for air pollution control. Ventilating, air conditioning, blower and exhaust systems hereafter installed shall be installed in accordance with standard practices for safe installation and use with all features presenting a possibility of starting or spreading a fire safeguarded to a reasonable degree. Except as otherwise provided in rules duly promulgated by the building official, installation of such appliances and systems in accordance with the "Building Code Standards of the National Board of Fire Underwriters for the Installation of Neat Producing Appliances, Heating, Ventilating, Air Conditioning, Blower and Exhaust Systems~ shall be deemed to be the standard practice for safe installation and use, (See Appendix I.), and installation of such appliances and systems in accordance with The Air Pollution Control Ordinance of the City of Roanoke, 1955, shall be deemed to be the standard practice for air pollution control. (b) The Building Inspector, or his authorized assistant, shall, after completion, inspect for safe installation and use without danger of overheating combustible materia! or construction all boilers, furnaces or other apparatus for the construction, installation, reconstruction, a!teration or repair of which a permit is required under subsection (a) of Section llOO-B, next following. ll00-B. PERMITS REQUIRED. (a) No person shall construct, install, reconstruct, alter or repair any stationary boiler, water heater, furnace, oven, stoker, oil burner, gas burner, apparatus to burn pulverized coal, or other apparatus connected with the boiler, breeching, or stack having an input rating of more than 25,000 BTU's per hour, until application in writing, on forms provided, has been made by the owner, contractor, installer, or other person to the Department of Buildings and the requisite fee has been paid and a permit has been issued by the Building Inspector or his duly authorized assistant. The application shall show the nature of the work to be done, the size and make of boiler or other equipment, the size and make of the burner or stoker, the fuel to be used, the size of the breeching and stack, the load, and other information pertinent to the installation. Minor repairs which do not involve any major alteration or addition to such boiler, furnace, or other apparatus, or which do not involve any alteration which tends to increase the emission of smoke may be made without a permit. The resetting of boilers, furnaces or other heating equipment or the replacement of such equipment shall not be construed to be minor repairs. Schedule of Fees Heating boilers, furnaces, stokers, oil burners, gas burners, and combustion apparatus which does not exceed 3,000 square feet of steam radiation or its equiva!ent, $3.00 for each installation. Al! other such equipment of greater rating, $5.00 for each installation. Power Boilers 1HP to 100 HP $3.50 each 101HP to 300 HP $5.00 each 301HP to 500 HP 7.50 each 500 HP and over 10.00 each (b) No such permit as is required by the preceding subsection for the construction, installation, reconstruction, alteration or repair of any apparatus mentioned in said subsection employing solid fuel or commercial oil known as Bunker C or No. 5 or No. 6 oil or having a fuel input of 400,000 BTU's or more per hour shall be issued by the Building Inspector until the plans and specifications for such apparatus and its installation shall have been first approved by the Director of the Department of Air Pollution Control, or his duly authorized assistant, as complying with the requirements of the Air Pollution Control Ordinance of the City of Roanoke, 1955. BE IT FURTHER ORDAINED that Ordinance No. 12293 heretofore adopted on the 3rd day of January, 1955, amending and reordaining Section 1100, Installation Standards, of Article XI aforesaid, be, and it is hereby, REPEALED. APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE,,VIRGINIA, The 3rd day of October, 1955. No. 12509. AN ORDINANCE authorizing the acceptance from C. F. Kefauver or a lO-foot wide easement through Lot 4, Section 40, West End and Riverview Map. WHEREAS, C. F. Kefauver has offered to convey, without consideration, unto the City of Roanoke a lO-foot wide perpetual easement contiguous and parallel to the east lot line of Lot 4, Section 40, West End and Riverview Map, for use in installing and maintaining sanitary sewer lines; reserving unto himself, his heirs and assigns, however, the right to erect buildings and structures over said easement; and WHEREAS, the City Manager has recommended that said proposed deed of easement be accepted for and on behalf of the City; and WHEREAS, for the immediate preservation of the public health and safety, an emergency is set forth and declared to-exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the offer of C. F. Kefauver to convey unto the City of Roanoke, without any consideration therefor, a 10-foot wide perpetual easement, contiguous and parallel to the east lot line of Lot 4, Section 40~ West End and Riverview Map, for use in installing and maintaining sanitary sewer lines; reserving, however, in said deed of conveyance, unto the said C. F. Kefauver, his heirs and assigns, the right to erect buildings and structures over said easement, be, and said offer is hereby, accepted. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED AT T~t~ Clerk~ Presideff~ 5O IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of October, 1955. NO. 12510. AN ORDINANCE authorizing the acquisition of certain property to be used for street purposes for widening the intersection of Brandon and,Sherwood Avenues; 'and providing for an emergenqy. WHEREAS, by Ordinance No. 12346, adopted on the 28th day of March, 1955, this Council authorized the purchase of the property hereinafter described upon certain terms and conditions therein provided, the same to be used for the widening of Brandon Avenue and Sherwood Avenue; and WHEREAS, later, by Ordinance No. 12384, adopted on the 16th day of May, 1955, Council authorized and directed that the same property be acquired by condemnation proceedings, the City having~failed to acquire said property by purchase; and WHEREAS, immediately prior to the institution of said condemnation proceedings, the owners of said property have offered to sell and convey the same to the City at a purchase price of ELEVEN HUNDRED DOLLARS, which price this Council believes to be a fair and reasonable value for said property in view of the circumstances of the case and, furthermore, this body believes that the latest offer should be accepted so as not to necessitate the condemnation of the same; and WHEREAS, for the usual daily operation of the Department of Public Works, a department of the City, an emergency is hereby declared to exist in order that this Ordinance may take effect upon its pass, age; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the proper City officials be, and they are hereby, authorized and directed to acquire, for and on behalf of the City, from Roy R. Pollard, Sr., and Virginia R. Pollard, husband and wife, or the true and lawful owners thereof, the following lot or parcel of land situate in the City of Roanoke and more particularly described as follows: BEGINNING at a point on the present north line of Brandon Avenue, S. W., said beginning point being located S. 77° 16' W. 194.11 feet from the point of intersection of the present south line of Sherwood Avenue with the present north line of Brandon Avenue; thence, with a new division line through and across Lot 11, Block 5 Map of Barbour Heights, said map being of record in the Clerk's Office of the Hustings Court for the City of Roanoke, Virginia, in Deed Book 360, page 224, N. 12° 44' W. 95.95 feet to a point on the present south line of Sherwood Avenue; thence, with same, S. 76° 26' E. 138.42 feet to a point of curve; thence with a curved line to the right an arc distance of 48.96 feet (radius of said curve being 18.25 feet with a chord bearing and distance of S. 0° 25' W. 35.54 feet) to a point of tangency on the present north line of Brandon Avenue; thence with same S. 77° 16' W. 116.0 feet to the place of BEGINNING'; BEING an easterly portion of Lot 11, Block 5, Map of Barbour Heights, of record in the afore- mentioned Clerk's Office. It is the intent of this description to cover all of Lot 11, Block 5, Map of Barbour Heights, lying east of a line 20.0 feet from and parallel to the original west line of the aforesaid Lot I~sufficient deed containing general warranty of title and modern english covenants, i:~together with a release of any claim to damages by reason of said street improve- ment, the said deed to be upon such form as is prepared and approved by the City Attorney or the Assistant City Attorney and the purchase price above provided to be paid out of funds heretofore appropriated for Street Construction Rights of Way; BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in full force and effect from its passage. AT~ST:J APPROVED President - IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of October, 1955. No. 12511. AN ORDINANCE authorizing the acquisition of certain property for the future widening of Liberty Road, N. N., and providing for an emergency. NHEREAS, it is deemed necessary that Liberty Road, N. N., be widened, in the near future, to accommodate increasingly heavy vehicular traffic in that section of the City and, for such widening, a large portion of the lot of land hereinafter described will have to be used for street purposes, rendering the remainder of said lot unsuitable, by itself, for building purposes; and NHEREAS, the present owner of said lot has offered to sell the same to the City at a price which the Council, pursuant to appraisals and investigations it has caused to be made, deems to be fair and reasonable; and NHEREAS, there has heretofore been appropriated for Street Construction Rights of Nay a fund sufficient to provide for the payment of the purchase price hereinafter mentioned; and NHEREAS, for the usual daily operation of the Department of Public Norks, a department of the City, an emergency is hereby 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 City officials be, and they are hereby, authorized and directed to acquire by purchase, for and on behalf of the City, from Mrs. Eddie N. Brinton, or the true and lawful owner thereof, all of that certain lot or parcel of land situate in the City of Roanoke, known as Lot 20, Section 2, according to the Map of Meadorland, located on the northeast corner of Hillcrest Avenue and Liberty Road, N. N., fronting 50.0 feet on Hillcrest Avenue and extending along Liberty Road a distance of 140.45 feet, at a purchase price of ONE THOUSAND TN0 HUNDRED DOLLARS, ($1,200.00), cash, to be paid out of funds heretofore appropriated for Street Construction Rights of Nay, said purchase price to be payable upon delivery to the City of a deed conveying the fee simple title to said property with General Narrant¥ and modern english covenants of title, the said deed of conveyance to be .52 upon such form as is prepared and approved by the City Attorney or the Assistant City Attorney, and to,contain provision that the said grantor.may, within a reasonable.time not exceeding six (6)months .from~the delivery of said deed, remove fr~m said .property the fence pr.esentl¥ upon same and all shrubbery presently growing upon said property.. . BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in full force and effect from its passage. APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of October, 1955. No. 12512· AN ORDINANCE to amend and reor.dain Section ~140, "Street Construction", of the 1955 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Department of Public Works of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =140, "Street Construction", of the 1955 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: STREET CONSTRUCTION ~140 Rights-of-Way .......................................... $ 12,3OO.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ' Clerk' President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of October, 1955. No. 12513. AN ORDINANCE to amend and reordain "Non-Operating Expense" of an Ordinance adopted by the Council of the City of Roanoke, Virginia, on the lOth day ,of January, 1955, No. 12301, entitled, "An Ordinance making appropriations from the Water General Fund and the Water Replacement Reserve Fund for the City of Roanoke for the fiscal year beginning January 1, 1955, and ending December 31, 1955; fixing the rate of pay of employees of the Water Department; and declaring the existence of an emergency" and providing for an emergency WHEREAS, for the immediate preservation of the public health, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that "Non-Operating Expense" of an Ordinance adopted by the Council of the City of Roanoke, Virginia, on the lOth day of January, 1955, No. 12301, entitled, "An Ordinance making appropriations from the Water General Fund and the Water Replacement Reserve Fund for the City of Roanoke for the fiscal year beginning January 1, 1955, and ending December 31, 1955; fixing the rate of pay of employees of the Water Department; and declaring the existence of an emergency", be, and the same is hereby amended and reordained to read as follows, in part: NON-OPERATING EXPENSE Capital Outlay from Revenue (1) ......................... $ 143,100.00 (1) Normal Extensions ................... $40,000.00 2 Trucks ............................ 3,500.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. AT'ST :] APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of October, 1955. President No. 12514. A RESOLUTION authorizing payment of $150.00 to the Heirs of Thomas N. land Stella C. Castros, deceased, in full settlement of a claim against the City; and providing for an emergency. WHEREAS, the City of Roanoke accepted an option from the Heirs of Thomas N. and Stella C. Castros and, pursuant thereto, purchased, for use as right of way for the Jefferson Street Grade Crossing Elimination Viaduct and Project, Lot 17, Block 5, R. L. ~ I. Map (Tax Serial No. 4,010,108); and WHEREAS, in addition to the cash consideration named in said option, the grantors reserved unto themselves the following property, valued at $150.00: and One complete basin Two complete commodes One urinal complete Shelves in Storage room All water pipes Electrical switch boxes Electrical wiring and fixtures All soil pipe Two plate glass windows complete with frames One front door with frame One gas heater complete with pipe Ail wall board on interior of building WHEREAS, the reservation contained in the option was not called to the attention of the Cleveland Wrecking Company and in razing the building for the Viaduct said Company removed the aforesaid property and the same was not, and cannot now, be delivered to the Heirs of Thomas N. and Stella C. Castros, deceased; .54 WHEREAS, the agreed value of said property is $150.00; and WHEREAS, for the usual daily operation of the Department of Public Works, an emergency is set forth and declared to exist. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the City Auditor be, and he is hereby, authorized and directed to issue a proper voucher of the City, payable to Milton Castros, Gussie Castros, Helen Castros, Arthur castros, Nicholas Castros (being all the Heirs of Thomas N. and Stel!a C. Castros, deceased), and George W. Draper, their attorney, in the amount of $150.00 in full and complete settlement of said heirs' aforementioned claim against the City; 2. That upon George W. Draper, Attorney, signing the original of this Resolution as evidence of his acceptance of the aforesaid voucher, as attorney for the Heirs of Thomas N. and Stella C. Castros, in full payment and complete settlement of the abovementioned claim, that said voucher be delivered unto the said George W. Draper, Attorney; 3. That, an emergency existing, this Resolution shall be in effect from its passage. SIGNE~, pursuant to Section 2 above: Attorn APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of October, 1955. No. 12515. A RESOLUTION approving generally the request of the Roanoke City School Board for funds to acquire sites and to pay for preliminary architectural studies, as required for the expansion of the City's public schdol system, Phase I, as proposed by the School Board; and assuring the School Board of Council's intent to make necessary appropriations as loans, against the proposed school bond issue, as individual items of expense are presented to Council and requests for such individual appropriations are properly made; the total amount of such appropriations not to exceed $300,000.00. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the request of the Roanoke City School Board for funds to acquire sites and to pay for preliminary architectural studies, as required for the expansion of the City's public school system, Phase I, as proposed by said School Board and on file in the Office of the City Clerk, be, and the same is hereby, generally approved; 2. That the Roanoke City School Board be, and it is hereby, assured of this Council's present intent to make the necessary appropriations as loans, against the proposed school bond issue, as the individual items of expense, in the premises, are presented to Council and requests for such individual appropriations are properly made; the total amount of such appropriations not to exceed $300,000.00. ATTE~~ Clerk APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of October, 1955. No. 12516. AN ORDINANCE to amend and reordain Section ~8, "Treasurer", of the 1955 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the office of the Treasurer of 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 1955 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: TREASURER =8 Cigarette Stamps ....................................... $ 2,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of October, 1955. No. 12517. AN ORDINANCE to amend and reordain Section =66, "Air Pollution Control", of the 1955 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the immediate preservation of the public health, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =66, "Air Pollution Control", of the 1955 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: AIR POLLUTION CONTROL =66 Stationery and Office Supplies ............................. $ 150.00 55 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of October, 1955. No. 12518. A RESOLUTION accepting the proposal of M. S. Hudgins, Roanoke, Virginia, for the construction of a 24-inch storm drain from Kellogg Avenue, N. W., to Lick Run, in the total sum of $6,207.50; authorizing and directing the City Manager to execute the requisite contract; and providing for an emergency. WHEREAS, the Purchasing Agent has heretofore advertised for bids for the construction of a 24-inch storm drain from Kellogg Avenue, N. W., to Lick Run, and WHEREAS, pursuant to said advertisement, three bids were received and opened in the office of the Purchasing Agent at 10:00 o'clock, a. m., September 28, 1955, and WHEREAS, the City Manager has presented a tabulation of the bids to this Council for its consideration, and WHEREAS, it appears from said tabulation that the bid of M. S. Hudgins, Roanoke, Virginia, for the construction of a 24-inCh storm drain from Kellogg Avenue, N. W., to Lick Run, in the total sum of $6,207.50, is the lowest and best bid received for the project, and the City Manager has recommended that the proposal of Mr. Hudgins be accepted, and WHEREAS, this Council' is of the opinion that the proposal of M. S. Hudgins should be accepted and that a contract for the project should be so awarded to Mr. Hudgins, and WHEREAS, for the preservation of the public health, an emergency is declared to exist. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: Section 1. That the bid of M. S. Hudgins, Roanoke, Virginia, for the construction of a 24-inch storm drain from Kellogg Avenue, N. W., to Lick Run, is hereby determined and declared to be the best bid therefor; and that a contract for said project be forthwith executed in the sum of $6,207.50. Section 2. That Arthur S. Owens, City Manager, be, and he is hereby authorized and directed, for and on behalf of the City of Roanoke, to execute the contract herein provided for. Section 3. That, an emergency existing, this Resolution shall be in effect from its passage. Clerk APPROVED Pr e s ide~r~~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of October, 1955. No. 12520. WHEREAS, at the request of the City, the Virginia Forest Service made, without charge, a thorough survey of t~ City's timber resources on the Beaver Dam and Falling Creek water sheds and filed its written report thereof under date of March 4, 1955; THEREFORE. BE IT RESOLVED by the Council of the City of Roanoke that its appreciation be, and such appreciation is hereby, expressed to the Virginia Forest Service for making, without charge, a thorough survey of the City's timber resource on the Beaver Dam and Falling Creek water sheds. APPROVED Clerk President~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of October, 1955. No. 12521. AN ORDINANCE to amend and reordain "Non-Operating Expense" of an Ordinance adopted by the Council of the City of Roanoke, Virginia, on the 10th day of January, 1955, No. 12301, entitled, "An Ordinance making appropriations from the Water General Fund and the Water Replacement Reserve Fund for the City of Roanoke for the fiscal year beginning January 1, 1955, and ending December 31, 1955; fixing the rate of pay of employees of the Water Department; and declaring the existence of an emergency", and providing for an emergency. WHEREAS, for the immediate preservation of the public health, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that "Non-Operating Expense" of an Ordinance adopted by the Council of the City of Roanoke, Virginia, on the 1Ot~h day of January, 1955, No. 12301, entitled, "An Ordinance making appropriations from the Water General Fund and the Water Replacement Reserve Fund for the City of Roanoke for the fiscal year beginning January 1, 1955, and ending December 31, 1955; fixing the rate of pay of employees of the Water Department; and declaring the existence of an emergency", be and the same is hereby amended and reordained to read as follows, in part: NON-OPERATING EXPENSE Capital Outlay from Revenue (1) ........................ $ 150,225.00 (1) Marking and Estimating Timber ............ $7,125.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE. VIRGINIA, The 3rd day of October, 1955. No. 12522. A RESOLUTION creating an Electrical Code Committee to study the Electrical Code of the City of Roanoke and recommend such revisions as may be necessary to' modernize and conform it with existing ordinances of the City; and providing for an emergency. WHEREAS, at the last regular meeting of this body, held on September' 26th, 1955, the City Manager recommended the creation of an Electrical Code Committee to study the Electrical Code of the City of Roanoke and recommend such revisions as may be necessary to modernize and conform it with existing ordinances of the City and, thereafter, to make report to this Council; and WHEREAS, Council deems such a study, at this time, to be in the best interest of the City; and WHEREAS, for the public health and safety, an emergency is set forth and declared to exist. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That there is hereby created an Electrical Code Committee consisting of Mr. E. L. Brindel, Electrical Inspector, Chairman, Mr. James N. Kincanon, Mr. B. H. McKeever, Mr. J. M. Murphy and Mr. John Lawrence Hart; 2. That the Electrical Code Committee is hereby directed to study the Electrical Code of the City of Roanoke and recommend such revisions as may be necessary to modernize and conform it with existing Ordinances of the City; provided, however, that said committee shall incur no financial obligation against the City without the prior authorization of this body; 3. That the said Electrical Code Committee is directed to make its report to this body, if possible, within sixty days from the passage of this Resolution; 4. its passage. Cle/'k That, an emergency existing, this. Resolution shall be in effect from APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of October, 1955. No. 12523. AN ORDINANCE extending the provisions of Ordinance No. 12285, adopted by the Council of the City of Roanoke on the 28th day of December, 1954; and )roviding for an emergency. WHEREAS, for the public health and safety, an emergency is set forth and leclared to exist. .59 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the provisions of Ordinance No. 12285, adopted by this Council on the 28th day of December, 1954, entitled: "AN ORDINANCE authorizing the City Manager to cause certain welfare and medically indigent patients to be transferred from hospitals to the City Home or to private convalescent homes during a six months' experimental period in the fiscal year 1955", be, and all of the provisions thereof, are hereby, extended through the 31st day of December, 1955. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in force from its passage. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of October, 1955. No. 12508. AN ORDINANCE to amend and reenact Article I, Section 1, of Chapter 51 of the Code of the City of Roanoke, Virginia, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have three parcels of land located on and near McClanahan Street, S. W., Roan~e, Virginia, being part of Lots 5, 6 and 7 and all of LoB 8, 9, 10, 11, 12, 13, 14, 15 and 16, Block 50, according to the Map of Crystal Spring Land Company, and designated as Official Nos. 1040906, 1040905 and 1040907, rezoned from Sepcial Residence District to Business District, and WHEREAS, the City Planning Commission has recommended that the above parcels of land be rezoned from Special Residence District to Business District as requested, and WHEREAS, notice required by Article XI, Section 43, of Chapter 51 of the Code of the City of Roanoke, Virginia, relating to Zoning, has been published in "The Roanoke World-News", a newspaper published in the City of Roanoke, for the time required by said section, and WHEREAS, the hearing as provided for in said notice published in the said newspaper was held on the 3rd day of October, 1955, at 2:00 o'clock, p. m., before the Council of the City of Roanoke in the Council Room in the Municipal Building, at which hearing evidence both for and against said rezoning was presented by property owners and other interested parties in the affected area, and WHEREAS, this Council, after considering the application for rezoning, is of the opinion that the above parcels of land should be rezoned as requested. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Article I, Section 1, of Chapter 51 of the Code of the City of Roanoke, Virginia, relating to Zoning, be amended and reenacted in the following particular and no other, viz: Those three parcels of land located on and near McClanahan Street, S. W., Rnnnnke V~rnlnln h~inn nnrt nF [.ntc R A nnd ? nnd n11 nF [.ntc R Q In 11 6O 12, 13, 14, 15 and 16, Block 50, according to the Map of Crystal Spring Land Company, and designated as Official Nos. 1040906, 1040905 and 1040907, be, and are hereby changed from Special Residence District to Business District, and the Zoning Map shall be changed in this respect. APPROVED U - Clerk President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of October, 1955. No. 12519. AN ORDINANCE approving the report and recommendations of the "Timber Lands Committee"; authorizing the City Manager to enter into an agreement with the Virginia Forest Service for marking and estimating the timber, it proposes to recommend to be sold, as set forth in its report of March 4th, 1955; and, further, authorizing the City Manager, after the proper marking and estimating of the timber recommended to be sold has been completed, to advertise for bids for the purchase thereof. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the written report and recommendations of the "Timber Lands Committee" heretofore appointed by this Council bearing date September 27 1955 and this day submitted to this body, be, and said report and recommendations are hereby, approved; 2. That the City Manager be, and he is hereby, authorized and directed, for and on behalf of the City, to enter into an agreement with the Virginia Forest Service for marking and estimating the City's timber, on the Beaver Dam and Fall~ g Creek Water Sheds, that said Forest Service proposes to recommend to be sold; said agreement to be in the form submitted by said Forest Service and made a part of its report of March 4th, 1955, on file in the Office of the City Clerk; 3. That upon completion of the marking and estimating of the timber by the Virginia Forest Service, pursuant to the agreement authorized in paragraph 2, supra, that the City Manager be, and he is hereby, authorized and directed to advertise for bids for the purchase of such standing timber as is so marked for cutting and sale; setting forth in said advertisement, after consultation with said Forest Service, among other pertinent matters, the detailed logging methods to be required of the successful bidder or bidders to ful~ protect the water sheds and unsold timber. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of October, 1955. No. 12524. 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 Roanoke Valley Realty Corporation to vacate Willow Lane and also Panorama Avenue, which streets have never been opened to the public and which streets, on the map, run from the west side of West Side Boulevard (formerly Oak Grove Road) to the east side of Fairview Road, in the subdivision known as Panorama Heights, as provided by Section 15-766 of the 1950 Code of Virginia, as amended. WHEREAS, it appearing to the Council of the City of Roanoke, Virginia, upon said petition of Roanoke Valley Realty Corporation, that said petitioner did duly and legally publish, as required by Section 15-766 of the 1950 Code of Virginia, as amended, a notice of application to the Council of the City of Roano'~ke, Virginia, to vacate said Willow Lane and Panorama Avenue, the publication of which was had by duly posting copies of said notice in the manner as provided by the aforesaid section of the 1950 Code of Virginia, as amended, all of which is vertified by an affidavit appended to the petition addressed to the Council requesting that Willow Lane and Panorama Avenue be vacated, and WHEREAS, it further appearing to the Council that more than five days have elapsed since the publication of the hereinabove described notice of application, and the Council has considered the petition of the applicant to vacate said Willow Lane and Panorama Avenue in the sub-division known as Panorama Heights, as provided by Section 15-766 of the 1950 Code of Virginia as amended and WHEREAS, the petitioner has requested that not less than three, nor more than five qualified persons, be appointed to view the above described Willow Lane and Panorama Avenue, sought to be vacated, and report, in writing, as required by Section 15-766 of the 1950 Code of Virginia, as amended. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, Virginia, that Messrs. Lester K. Stover, Jr., L. S. Waldrop, Carl B Flora, James A. Turner and R. L. Rush, any three of whom may act, be, and they are hereby appointed as viewers to view the above described Willow Lane and Panorama Avenue, sought to be vacated, and to report, in writing, as required by Section 15-766 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 Willow Lane and Panorama Avenue, which run from the west side of West Side Boulevard (formerly Oak Grove Road) to the east side of Fairview [toad, in the sub-division known as Panorama Heights. APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The lOth day of October, 1955. No. 12525. AN ORDINANCE to amend and reordain Section =68, "Militia", of the 1955 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the immediate preservation of the public safety, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =68, "Militia", of the 1955 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: MILITIA ~68 Rental ............................................. $ 2,250.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of October, 1955. No. 12526. AN ORDINANCE to amend and reordain Section =31, "Juvenile Detention Home", of the 1955 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the immediate preservation of the public safety, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~31, "Juvenile Detention Home", of the 1955 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: JUVENILE DETENTION HOME =31 Wages ................................................... $ 1,100.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED (;3 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of October, 1955. No. 12527. AN ORDINANCE granting permission to Nelson Hardware Co. to project the ~i'footings of a retaining wall into Gregory Avenue and to excavate approximately 25 feet beyond the property line into said Gregory Avenue. WHEREAS., Section 405 of the Building Code of the City of Roanokepcohibits the projection of foundations under sidewalks more than 1 foot beyond the property 'line and adherence thereto would entail a large cost to the Nelson Hardware Co. in the case of the construction of a retaining wall as an adjunct to the building it presently proposes to erect at Eleventh Street and Gregory Avenue, N. E.; and WHEREAS, the last-mentioned company, because of said hardship, has ':requested this body to waive the aforesaid restriction in this instance, and to igrant it permission to project the footings of such retaining wall and to excavate approximately 25 feet beyond the property line into Gregory Avenue, in the manner, and to the extent only, as is shown on a Rough Grading Plan therefor, prepared by ~iSmithey g Boynton, Architects g Engineers of Roanoke, Virginia, Revised September !119, 1955, and in a letter from said Architects g Engineers addressed to the City iManager under date of September 21st, 1955; both of which are on file in the Office of the Clerk of this Council; and WHEREAS, the City Manager and the City Engineer have concurred in the ~granting of such permission. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as ~follows: 1. That permission be, and the same is hereby, granted unto the Nelson Hardware Co. to project the footings of the retaining wall it proposes to construct as an adjunct to the building it plans to erect at Eleventh Street and Gregory Avenue, N. E., and to excavate approximately 25 feet beyond the property line into Gregory Avenue, in the manner, and to the extent only, as is shown on a Rough Grading Plan therefor, prepared by Smithey g Boynton, Architects g Engineers of ;Roanoke, Virginia, Revised September 19, 1955, and in a letter from said !Architects and Engineers addressed to the City Manager under date of September 21st, 1955; both on file. in the Office of the Clerk of th{s Council; 2. That the said Nelson Hardware Co. shall, by acting under this Ordinance, be deemed to agree to indemnify and save harmless the City of Roanoke and all other persons and corporations of and from any and all claims for damage to persons and property by reason of availing itself of the permission herein- above granted in the construction and maintenance of its proposed retaining wall 'and in excavating beyond the property line into Gregory Avenue. APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of October, 1955. No. 12528. AN ORDINANCE to amend and reordain Section ~67, "Dog Tax Administration", of the 1955 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the immediate preservation of the public safety, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =67, "Dog Tax Administration" of the 1955 Appropriation Ordinance be and the same is hereby amended and reordained to read as follows, in part: DOG TAX ADMINISTRATION ~67 Game Warden Killing Dogs .............................. $ 530.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The l?th day of October, 1955. No. 12529. AN ORDINANCE to amend and reordain Section =60, "Police Department", and Section ;;86, "Municipal Building", of the 1955 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the immediate preservation of the public safety, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section g60, "Police Department", and Section ~86, "Municipal Building", of the 1955 Appropriation Ordinance, be, and the same are hereby amended and reordained to read as follows, in part: POLICE DEPARTMENT ~60 Storage of Vehicles ................................ $ 600.00 MUNICIPAL BUILDING =86 Repairs ............................................ $ 14,510.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATT~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The l?th day of October, 1955. No. 12530. A RESOLUTION authorizing the "Steering Committee for the celebration of Roanoke's 75th, or Diamond, Anniversary" to form a non-profit corporation, with the promotion and management of the Jubilee as its aim. WHEREAS, the Steering Committee for the celebration of Roanoke's 75th, or Diamond, Anniversary, has recommended to this body that its Steering Committee be authorized to form a non-profit corporation, with the promotion and management of the Jubilee as its aim, in which recommendation this Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Steering Committee for the celebration of Roanoke's 75th, or Diamond, Anniversary in the year 1957, be, and it is hereby, authorized to form a non-profit corporation, with the promotion and management of the Jubilee as its aim; naming in the application for such a certificate of incorporation as Directors to manage the affairs thereof for~ the first year of its existence the members of the aforesaid Steering Committee, and in addition thereto, Messrs. Robert H. Smith, C. Francis Cocke, B. F. Moomaw and J. Robert Thomas. APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of October, 1955. No. 12531. AN ORDINANCE authorizing and directing the City Manager and the City Clerk to enter into suspending bonds on behalf of the City in certain pending litigation; authorizing and directing that a corporate surety be secured therefor; appropriating the sum of $20.00 from the General Fund for the payment of bond premiums; and providing for an emergency. WHEREAS, by orders entered contemporaneously in the Court of Law and Chancery of the City of Roanoke on the 14th day of October, 1955, in the separate proceedings of English Construction Company, Incorporated, and C-W-G Mechanical Corporation against the City for recovery of certain license taxes held to have been erroneously assessed and the City was ordered to refund the same, for the correction of which said orders the City intends to apply to the Supreme Court of Appeals of Virginia for a writ of error and supersedeas; and WHEREAS, by the terms of said orders the Court provided for the suspension of the execution of said judgments upon the City's entering into bonds with surety, in the penal sum of $300.00, conditioned according to law; and By WHEREAS, for the usual daily operation of the Legal Department of said City and for the preservation of the public property, an emergency is hereby declared to exist. 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 they are hereby, authorized and directed, for and on behalf of the City, to execute suspending bonds before the Clerk of the Court of Law and Chancery of the City of Roanoke in the penal sum of $300.0Q in the cases of English Construction Company, In- corporated, and C-W-G Mechanical Corporation against the City, pending therein, which said bonds shall be conditioned according to law; 2. That the City Attorney be, and he is hereby, authorized and directed to secure corporate surety on the City's aforesaid bonds; 3. That there is hereby appropriated from the General Fund the sum of $20.00 to be paid the aforesaid corporate sureties as premiums on said suspending bonds; and 4. That, an emergency existing, this Ordinance shall be in full force and effect from its passage. APPROVED pr e s i dc~-t---- IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of October, 1955. No. 12532. AN ORDINANCE to amend and reordain Section ~81, "Street Repair", of the 1955 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the immediate preservation of the public safety, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =81, "Street Repair", of the 1955 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: STREET REPAIR ~81 Contractors ......................................... $ 98,100.OO Materials ......................................... ~. 61,900.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of October, 1955. No. 12533. A RESOLUTION authorizing the purchase of one automobile out of the unexpended balance for five sedans under Police Department, Section =143, "Departmental Equipment and Improvements", of the 1955 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the immediate preservation of the public safety, an emergency is declared to exist. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that authority be, and is hereby granted for the purchase of one automobile out of the unexpended balance for five sedans under Police Department, Section =143, "Departmental Equipment and Improvements", of the 1955 Appropriation Ordinance. BE IT FURTHER RESOLVED that, an emergency existing, this Resolution shall be in force from its passage. AT~. APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of October, 1955. No. 12534. A RESOLUTION authorizing the installation of additional street lights and the replacement of certain existing street lights on Brandon Avenue, S. W., between Franklin Road and Main Street. BE IT RESOLVED by the Council of the City of Roanoke that the Appalachian Electric Power Company be, and it is hereby authorized to install eighteen addition 6000 lumen overhead incandescent street lights on Brandon Avenue, S. W., between Franklin Road and Main Street, as follows: 277-2521 - West of intersection with Franklin Road. 277-2608 - at Winston Avenue. 277-2569 - between Lynn Avenue and Sanford Avenue. 277-2089 - at Lynn Avenue. 277-2088 - between Lynn Avenue and Colonial Avenue. 277-2086 - approximately 125 feet west of Colonial Avenue. 277-2084 - approximately 300 feet west of Colonial Avenue. 277-2081 - approximately 520 feet west of Colonial Avenue. 277-2078 - approximately 740 feet west of'Colonial Avenue. New pole - approximately 940 feet west of Colonial Avenue. New pole - approximately 1140 feet west of Colonial Avenue. New pole - approximately 1340 feet west of Colonial Avenue. New pole - approximately 1540 feet west of Colonial Avenue. 277-7111 - approximately 300 feet west of Windsor Avenue. 277-7109 - approximately 615 feet west of Windsor Avenue. 277-7100 - approximately 915 feet west of Windsor Avenue. 277-7075 - approximately 300 feet west of Malcolm Avenue. 277-7067 - near Main Street. t E.PEALE.D BE IT FURTHER RESOLVED that the Appalachian Electric Power Company be, and it is hereby authorized to replace with 6000 lumen units five existing 2500 lumen overhead incandescent street lights on Brandon Avenue, S. W., between Franklin Road and Main Street, as follows: 277-2565 - approximately 150 feet west of Franklin Road. 277-2567 - at Sanford Avenue. 277-2087 - at Colonial Avenue. 277-7123 - at Windsor Avenue. 2?7-7077 - at Malcolm Ave.ue. Said lights to be maintained under the contract existing between the Appalachian Electric Power Company and the City of Roanoke. APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of October, 1955. No. 12536. AN ORDINANCE providing for the acquisition of a small parcel of land at the southeast corner of the intersection of Franklin Road and 2nd Street, S. W.; appropriating the sum of $1,349.75 from the General Fund to the Street Construction Rights of Way Account for the payment therefor; and providing for an emergency. WHEREAS, Council deems it necessary to acquire the small parcel of land hereinafter described at the southeast corner of the intersection of Franklin Road and 2nd Street, S. W., t~ be used for the pmrpose of rounding the corner of said street intersection; and WHEREAS, for the usual daily operatio~ of the Department of Public Works and for the immediate preservation of the public safety, an emergency is hereby declared to exist in order that this Ordinance may take effect upon its passage; THEREFORE BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be, and he is hereby, authorized and directed, for and on behalf of the City, to.offer to acquire from Earl O. Slaughter and Jas. C. Martin, Executors under the Will of A. N. Pitzer, deceased, or from the true and lawful owner thereof, the following described plot or parcel of land situate in the City of Roanoke, Virginia, to-wit: BEGINNING at the point of intersection of the present south line of Franklin Road, S. with the present east Zine of 2nd Street, S. thence, with the present south line of Franklin .Road, N. 86° 54' 15" E. 27.04 feet to a point of curve; thence, with a curved line to the left, an arc distance of 41.23 feet (radius of said curve being 25.0 feet with a chord bearing and distance of S. 39° 39' 35" W. 36.7 feet) to a point of tangency on the present east line of 2nd Street; thence, with same, N. 7° 35' 05" W. 27.04 feet to the place of BEGINNING; and containing 160.63 square feet, more or less; at a purchase price of $1,349.75, cash, upon delivery to the City of a proper deed of conveyance to said land which said deed shall be in such form as is first approved by the City Attorney and which said deed shall convey the above- described land to the City in fee simple. BE IT FURTHER ORDAINED that there be, and there is hereby, appropriated to the Street Construction - Rights of Way Account from the General Fund of the City the sum of $1,349.75 to be used as the purchase price for the property aforesaid. BE IT FINALLY ORDAINED that, an emergency existing, this Ordinance shall be in full force and effect from its passage. APPROVED Pr e s-i-d-~n t IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 31st day of October, 1955. No. 12535. AN ORDINANCE authorizing a certain encroachment over the building setback line heretofore established on the north side of Orange Avenue, N. E., east of Tinker Creek. WHEREAS, by Resolution No. 11447 heretofore adopted by the Council on the 26th day of May, 1952, a building setback line was established on the north side of Orange Avenue, N. Eo, over the property hereinafter described, and other properties, for the purpose of the future widening of Orange Avenue, N. E.; and WHEREAS, Mrs. E. J. Thomas, sometimes known as Genevieve N. Thomas, the present owner of certain lots situate on the north side of Orange Avenue, N. E., immediately east of Tinker Creek, known and described as Lots 3222258 and 3222259 of the Official Tax Appraisal Map of the City, has petitioned the council for permission to construct an addition to an existing building on one of said lots which addition would encroach over the building setback line above-mentioned and has offered to agree that, should such permission be granted, she, or her heirs or assigns, will later remove that part of the proposed addition extending over said setback line at no cost or expense to the City at such time as the City undertakes to widen Orange Avenue, N. E., and notifies the said owner of such intention, which said agreement the owner has offered to reduce to writing as a covenant running with the land involved, to be recorded as other deeds are recorded. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that upon admission to record of the deed of agreement hereinafter provided, permission is granted to Mrs. E. J. Thomas, sometimes known as Genevieve N. Thomas, to erect an addition to a certain existing building presently located on certain property of said owner situate on the north side of Orange Avenue, N. E., immediately east of Tinker Creek, described as' Lo. ts No. 3222258' and 3222259 on the Official Tax Appraisal Map of said City, which said addition may extend over the building setback line heretofore established by the Council on the north side of Orange Avenue, N. E., pursuant to Resolution No. 11447, above-mentioned. BE ITFURTHER ORDAINED that. before the permission granted by this Ordinance shall become 'effective or be exercised by the said permittee, there shall be executed, delivered and recorded in the deed books of the Clerk's Office of the Hustings Court of the City of Roanoke, at the expense of said permittee, a deed of agreement executed by said permittee and any other necessary parties by which instrument the said permittee will agree, on behalf of herself, her heirs or assigns, that, later, uponnotification that the City intends to proceed with the widening of Orange Avenue, N. E., and upon official request by the City through its Council or its City Manager, the said owner, or her heirs or assigns, will forthwith take down and remove, at no cost or expense to the City, all of that part of said building addition erected under authority of this Ordinance which extends over the building setback line on said property established pursuant to Resolution 11447, aforesaid, and is constructed between said setback line and the present north line of Orange Avenue, N. E.; said agreement to be made a covenant running with the aforesaid land and binding upon the present owner thereof, her heirs or assigns, and to be in such form as is approved by the City Attorney. APPROVED PreSident IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 31st day of October, 1955. No. 12537. 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 Electric Power Company be, and it is hereby, authorized to install one 2500 lumen overhead incandescent street light at each of the following places or locations in the City: GROUP XI - SOUTHWEST Rosalind Avenue at the entrance to South Roanoke Park Intersection of Creston Avenue and Strother Road Middle of 2200 Block of Memorial Avenue GROUP XII - NORTHWEST Intersection of Aspen Street and Kirkland Drive Hearthstone Road between Maitland Avenue and end of Street Intersection of Pawling Street and Yorkshire Drive Middle of Block on Floraland Drive between Buff Land and Grandview Avenue Intersection of Forest Hill Avenue and Bowman Street 440 Liberty Road between Fairfield and Bradley Street GROUP XIII - NORTHEAST Intersection of Kyle Avenue and Hollins Road GROUP XIV - SOUTHEAST Intersection of Riverside Terrace and Bennington Street Intersection 10th Street and Church Avenue, S. E. Said lights to be maintained under the contract existing between the Appalachian Electric Power Company and the City of Roanoke. APPROVED Pre sident - IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 31st day of October, 1955. No. 12538. AN ORDINANCE to amend Ordinance No. 12503, heretofore adopted on the 26th day of September, 1955, providing for certain needed public improvements at Roanoke Municipal Stadium; and providing for an emergency. ~qHEREAS, in the adoption of Ordinance No. 12503 on the 26th day of September, 1955, providing for certain needed public improvements at Roanoke Municipal Stadium there was inadvertently omitted from Item 3 of said ordinance, relating to improvements in and on the Press Box at said stadium, an item of chairs necessary to be installed in said Press Box, which item had been intended to be specifically included in the report of the Stadium Advisory Committee theretofore made to Council; and WHEREAS, for the usual daily operation of the Department of Parks and Recreation, a department of the City, an emergency is hereby declared in order that this Ordinance may be in full force and effect from its passage; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Item No. 3 of Ordinance No. 12503 be, and it is hereby, amended and reordained so as to provide as follows: 3. Acquisition and installation of chairs, unit heaters and wiring, floor and canvas, in and on Press Box at Roanoke Municipal Stadium .......... cost, $3,770.00 the remainder of said ordinance to remain in full force and effect. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in full force and effect from its passage. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 31st day of October, 1955. No. 12539. AN ORDINANCE to amend and reordain Section ~121, "Libraries", of the 1955 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Roanoke Public Library, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of t'he City of Roanoke that Section =121, "Libraries" of the 1955 Appropriation Ordinance be and the same is hereby amended and reordained to read as follows, in part: LIBRARIES =121 Building Maintenance ................................... $ 2,204.19 Book Repairs ........................................... 795.81 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Pr e s i~l-~n t IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 31st day of October, 1955. No. 12540. AN ORDINANCE to amend and reordain Section =99, "Garage", of the 1955 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the immediate preservation of the public safety, an emergency is declared to eXist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~99, "Garage", of the 1955 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: GARAGE ~99 Insurance ........................................... $ 18,545.62 Tires ............................................... 19,954.38 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 31st day of October, 1955. No. 12541. AN ORDINANCE to amend and reordain Section =5, "Commissioner of Revenue", of the 1955 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the office of the Commissioner of Revenue of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =5, "Commissioner of Revenue", of the 1955 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: COMMISSIONER OF REVENUE =5 Stationery and Office Supplies ........................ $ 3,550.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 31st day of October, 1955. No. 12542, A RESOLUTION authorizing the continuance of pay to Captain Eugene W. Meador; and providing for an emergency. WHEREAS, Captain Eugene W. Meador of the City's Fire Department was injured on the 2nd day of September, 1955, in the performance of his duties on the occasion of the fire at the Virginia Scrap Iron g Metal Co., and has since been unable to perform his duties, and is not expected to be able to perform such duties for quite some time from this date, because of said injury; and WHEREAS, under the ordinances and rules and regulations of the City, in this instance Captain Meador would ordinarily receive his usual pay during his convalescence for a period not to exceed sixty (60) days from the date of his injury; and WHEREAS, in the judgment of thi~ Council this period of sixty days should be extended in this case; and WHEREAS, for the usual daily operation of the Fire Department of the City, an emergency is set forth and declared to exist. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the pay of Captain Eugene W. Meador be, and the same is ordered, continued during the period of his convales~ae; not to exceed an additional period of sixty days without a further directive of this Council. A P P R 0 V E D President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 31st day of October, 1955. No. 12543. A RESOLUTION authorizing the Water Department to install a 6" main in easements through the lands of E. Engleman and the Norfolk and Western Railway Company to serve the property of the Roanoke Electric Steel Corporation; and providing for an emergency. WHEREAS, this day a committee, composed of Mayor Woody, Chairman, Councilmen Webber and Young, Arthur S. Owens and G. H. Ruston, has filed a written report recommending the adoption of this Resolution; and WHEREAS, for the usual daily operation of the Water Department, an emergency is set forth and declared to exist. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That upon receipt by the City Clerk of a perpetual easement from E. Engleman extending from the present terminus of Mulberry Street to the present city limits and also the usual form of easement or agreement from the Norfolk and Western Railway Company extending from said last-mentioned point within the County of Roanoke, through its property, contiguous to the present Roanoke corporate limits to a point on the west bank of Peters Creek, that the City Clerk be, and he is hereby, authorized and directed to receive the same and admit them to record' and, thereafter, that the Water Department be, and it is hereby, authorized and directed, to install within said easements a 6".water main. 2. That the adoption of this Resolution shall not be construed as setting a precedent, by Council, in such instances. 3. That, an emergency .existing, this Resolution shall become effective at such time as the Roanoke Electric Steel Corporation shall have fully complied with all other applicable rules of the Water Department relating to applications for the extension of water service. APPROVED Pr e s itt~vr~ - IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 31st day of October, 1955. No. 12544. A RESOLUTION amending the contract of September 28, 1954, between the City of Roanoke and the County of Roanoke dealing with the treatment of domestic and commercial wastes; and providing for an emergency. WHEREAS, the Board of Supervisors of Roanoke County, Virginia, by a proper resolution, adopted on the l?th day of October, 1955, requested the City of Roa~ ke to amend the contract of September 28, 1954, between the City of Roanoke and the County of Roanoke, dealing with the treatment of domestic and commercial wastes, to the extent only that said contract is hereinafter amended; which request is agreeable to this Council; and WHEREAS, for the public health and safety, an emergency is set forth and declared to exist. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the contract of September 28, 1954, between the City of Roanoke and the County of Roanoke dealing with the treatment of domestic and commercial wastes be, and the same is hereby, amended in the following respects only, viz.: (a) That the following described two (2) areas of land be added to, and included in, said contract to the full extent as if each of said areas were therein set out in extensio: Area 1. (Starmount and Dwight Hills Subdivision and vicinity). BEGINNING at the northwest corner of the north boundary of Tinker Knoll Subdivision; thence in a westerly direction, 1800 ft., more or less, through the lands of Mrs. Maude Fisher and others to the northeast corner of Starmount Subdivision on the west side of Route 623 north; thence S. 38° 30' W. 1160.35 ft. to the northwest corner of Starmount Subdivision on Route 623 south; thence in a southeasterly direction 580 ft., more or less, to the northeast corner of the north boundary of Dwight Hills Subdivision; thence S. 50 50' W. 581.17 feet to point; thence S. 37° O' W. 581.17 ft. to the northwest corner of Dwight Hills Subdivision; thence S. 56° 55' E. 873 ft., more or less, with the southwest boundary of Dwight Hills Subdivision to the north right-of-way line of Rt. 117; thence in a northeasterly direction with the north right-of-way line of Route 117 to the intersection of Route 117 and the southwest corner of Tinker Knoll Subdivision; thence in a northerly and westerly direction with the west boundary line of said subdivision 953.0 ft., more or less, to the point of BEGINNING, and including all the lands of the Starmount Subdivision of record in Plat Book 3, page 103, and Plat Book 3, page 135; Dwight Hills Subdivision of record in Plat Book 3, page 5; Roanoke County, Virginia; and including in addition to the aforementioned subdivisions, all the lands within the described area. Area 2. (Summerdean, Sections No. 3 and 5). BEGINNING at the southeast corner of Lot 5, Block 6, Section 2, Summerdean Subdivision; thence following the southerly and westerly boundary limits of Section 5, Summerdean Subdivision to the east right-of-way line of Route 601; thence S. 52° 26' E. 52.93 ft.; to the south right-of-way line of Aster Street in said subdivision; thence following the south boundary limits of Section 5, Summerdean Subdivision in an easterly and southerly direction to the center of Tinker Creek and the southwest corner of Section 3, Summerdean Subdivision; thence in a northerly, easterly and westerly direction with the boundary line of Section 3, Summerdean Subdivision, in general following the center line of Tinker Creek to the point where the said subdivision boundary line leaves the center line of Tinker Creek; thence with the said subdivision line in a northerly and westerly direction to corner ~1. Man of Section 3. Summerdean Subdivision, and being the center of the north fork of Carvins Creek; thence in a southerly direction with Carvins Creek to the point of BEGINNING, and being all of Sections No. 3, Summerdean Subdivision of record in Plat Book 3, page 96, and Section No. 5, Summerdean Subdivision of record in Plat Book 3, page 170, Roanoke County, Virginia. (b) That domestic and commercial wastes, originating within the above-described areas only, and, at no time, having an average b.O.do 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 City's interceptor sewer, may also be delivered to, and treated by, the City in accordance with said contract; (c) That acceptable wastes originating within the aforesaid areas shall he delivered, by the County, to the City's sanitary sewer system at such point as is approved by the City's Director of Public Works or the City Engineer and the requisite measuring meter installed, at said point of delivery, by the County; (d) That in all other respects said contract shall remain in full force and effect. 2. That the City Clerk be, and he is hereby, directed to mail an attested copy of this Resolution to Roy K. Brown, Clerk of the Board of Supervisors, Roan0~ County, Virginia. 3. That, an emergency existing, this Resolution shall be in full force from its passage. APPROVED Preslaent ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 31 st day of October, 1955. No..12546. A RESOLUTION making recommendation to the Compensation Board for the fixing of salaries, expenses and other requirements in the office of the Clerk of the Courts for the calendar year 1956; and providing for an emergency. WHEREAS, in accordance with its usual procedure followed prior to adopting its annual budget ordinance, this Council afforded William H. Carr, Clerk of the Courts of the City of Roanoke, Virginia, a full opportunity to be heard in regard to his recommendations, and reasons therefor, for the fixing of the salary schedule, expenses and all other requirements, as may be needed to properly conduct the office of the Clerk of the Courts of the City of Roanoke, in the public interest, for the. calendar year 1956; and WHEREAS, in the judgment of this Council, concurred in by the aforesaid Clerk of Courts, the appropriations hereinafter listed are sufficient to enable the Clerk of the Courts of the City of Roanoke to properly conduct all affairs of 77 WHEREAS, for the usual daily operation of the municipal government, an emergency is set forth and declared to exist. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the salary schedule, expenses and all other requirements, as hereinafter set out, for the conduct and operation of the office of the Clerk of the Courts of the City of Roanoke, for the calendar year 1956, be, and the same are hereby, adopted and approved, subject to the approval of the Compensation Board, and that the same shall continue in force unless and until subsequently changed by agreement or otherwise revised by lawful authority, viz.: Salary, Clerk of Courts ................................. $ 9 180.00 Salary Deputy Clerk .................................... 4 980.00 Salary Salary Salary Salary Salary Salary Salary Deputy Clerk .................................... Deputy Clerk .................................... Deputy Clerk .................................... Deputy Clerks, 3 @ $3,480.00 .................... Deputy Clerks, 2 @ $3,180.00 .................... Deputy Clerk .................................... Deputy Clerk .................................... Salary, Deputy Clerk .................................... Salary, Photographer .................................... Salary, Assistant Photographer .......................... Salary, Deputy Clerk .................................... Stationery and Office Supplies .......................... Postage ................................................. Telephone ............................................... Bond Premium ............................................ Maintenance of Machines ................................. 4 600.00 4 020.00 3 600.00 10 440.00 6 36O. OO 2 820.00 2 700.00 2 400.00 2 940.00 2 400.00 2 820.00 8 500.00 510.00 800.00 59O. OO 5OO. OO BE IT FURTHER RESOLVED that the Clerk of this body be, and he is hereby, directed to promptly forward an attested copy of this Resolution to the Compensation Board of the State of Virginia and to the Clerk of the Courts of the City of Roanoke, Virginia. BE IT FURTHER RESOLVED that, an emergency existing, this Resolution shall be in full force and effect from its passage. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 31st day of October, 1955. No. 12547. A RESOLUTION making recommendation to the Compensation Board for the fixing of salaries, expenses and other requirements in the Office of the City Treasurer for the calendar year 1956; and providing for an emergency. WHEREAS, in accordance with its usual procedure followed prior to adopting its annual budget ordinance, this Council afforded J. H. Johnson, City Treasurer of the City of Roanoke, Virginia, a full opportunity to be heard in regard to his recommendations, and reasons therefor, for the fixing of the salary schedule, expenses and all other requirements, as may be needed to properly conduct the office of the City Treasurer of the City of Roanoke, in the public AMENDED interest, for the calendar year 1956; and WHEREAS, after a study of the anticipated revenue and receipts, as well as the over-all expense requirements of the City of Roanoke for the calendar year 1956, this Council is of the opinion that it cannot allow the salary increase requested by and for the City Treasurer of the City of Roanoke because this official has been in office for only two years and the present estimate of revenue does not appear to justify such increase; and WHEREAS, certain of the salaries as hereinafter set out are the salaries paid for the calendar year 1955 as fixed by the Compensation Board and, in some instances, represent increases granted at a time when this Council had to deny justified increases to other City employees because of the City's financial position, therefore, the inclusion of such'salaries in this Resolution does not constitute this CounCil's approval thereof but, rather, its acquiescence therein; and WHEREAS, this Council herein approves'and recommends the purchase of expensive new labor-saving accounting equipment for this office (provided a similar approval and recommendation in regard to the office of the local Commissioner of Revenue is effectuated), in the belief that the use thereof, in said two offices, should result in some personnel savings, the amount thereof being presently undeterminable; and, ~ WHEREAS, it is this Council's hope that, during the year 1956, the amount of such savings may be determinable and the personnel in said offices reduced for the year 1957, in order to 'justify the expense of acquiring such labor-saving accounting equipment; it being the further belief of this Council that such reduction, in personnel, can be accomplished by normal attrition and without the necessity of any dismissal; and WHEREAS, this Council includes herein an increased automobile expense allowance, providing the same is paid on a mileage basis and proper refunds are made the City by the State; and WHEREAS, in the judgment of this Council the appropriations hereinafter listed are sufficient to enable the City Treasurer of the City of Roanoke to properly conduct all affairs of his office, in the public interest, for the said calendar year; and WHEREAS, for the usual daily operation of the municipal government, an emergency is set forth and declared to exist. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the salary schedule, expenses and all other requirements, as hereinabove qualified and as hereinafter set out, for the conduct and operation of the office of the City Treasurer of the City of Roanoke, for the calendar year 1956, be, and the same are hereby, adopted and approved, subject to the approval of the Compensation Board, and that the same shall continue in force unless and until subsequently changed by agreement or otherwise revised by lawful authority, viz.: 79 Salary Salary Salary Salary Salary Salary Salary Salary Salary Salary Salary Salary Salary Salary Salary City Treasurer .................................. $ 9 180.00 1st Deputy ...................................... 4 $60.00 2nd Assistant ................................... 3rd Assistant ................................... 4th Assistant ................................... Tax Collector ................................... Clerk ........................................... Clerk ........................................... Clerk ........................................... Clerk ........................................... Clerk ........................................... Clerk ........................................... Clerk ........................................... Stenographer .................................... Extra Help ...................................... 3 740.00 3 560.00 3 560.00 3 900.00 2 919.00 2 919.00 2 919.00 2 760.00 2 760. O0 2 580. O0 2 580. O0 2 640.00 1 200.00 Stationery & Office Supplies ............................ Postage ................................................. Telephone & Telegraph ................................... Advertising ............................................. Maintenance of Equipment ................................ Rental on Bookkeeping Machines .......................... 3 National Bookkeeping Machines) 9 additional Form Bars ) ........................ Auto Expense, Outside Collector @ 7¢ mile ............... 7 500.00 3 500.00 400.00 400.00 1,000.00 300.00 16,065.00 300.00 BE IT FURTHER RESOLVED that the Clerk of this body be, and he is hereby, directed to promptly forward an attested copy of this Resolution to the Compensation Board of the State of Virginia and to the City Treasurer of the City of Roanoke, Virginia. BE IT FURTHER RESOLVED that, an emergency existing, this Resolution shall be in full force and effect from its passage. APPROVED Presi~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 31st day of October, 1955. No. 12548. A RESOLUTION making recommendation to the Compensation Board for the fixing of salaries, expenses and other requirements in the office of the City Sergeant for the calendar year 1956; and providing for an emergency. WHEREAS, in accordance with its usual procedure followed prior to adopting its annual budget ordinance, this Council afforded Edgar L. Winstead, City Sergeant of the City of Roanoke, Virginia, a full opportunity to be hea~ in regard to his recommendations, and reasons therefor, for the fixing of the salary schedule, expenses and all other requirements, as may be needed to properly conduct the office of the City Sergeant of the City of Roanoke, in the public interest, for the calendar year 1956; and WHEREAS, after a study of the anticipated revenue and receipts, as well as the over-all expense requirements of the City of Roanoke for the calendar year 1956, this Council is of the opinion that it should and, accordingly, has herein approved the addition of one jailor in order that the hours worked by jailors may, as recommended by the City Sergeant, be more nearly broughtin line 8O WHEREAS, certain of the salaries as hereinafter set out are the salaries paid for the calendar year 1955 as fixed by the Hustings Court of the City of Roanoke or the Compensation Board and, in some instances, represent increases granted at a time when this Council had to deny justified increases to other City employees because of the City's financial position, therefore, the inclusion of such salaries in this Resolution does not constitute this Council's approval thereof but, rather, its acquiescence therein; and WHEREAS, in the judgment of this Council the appropriations hereinafter listed are sufficient to enable the City Sergeant of the City of Roanoke to properly conduct all affairs of his office, in the public interest, for the said calendar year; and WHEREAS, for the usual daily operation of the municipal government, an emergency is set forth and declared to exist. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the salary schedule, expenses and all other requirements, as hereinabove qualified and as hereinafter set out, for the conduct and operation of the office of the City Sergeant of the City of Roanoke, for the calendar year 1956, be, and the same are hereby, adopted and approved, subject to the approval of the Compensation Board, and that the same shall continue in force unless and until subsequently changed by agreement or otherwise revised by lawful authority, viz.: Salary Salary Salary Salary Salary Salary Salary Salary Salary City Sergeant ...................................... $ 8 500. OO Deputy Sergeant .................................... Deputy Sergeant .................................... Deputy Sergeant .................................... Deputy Sergeant .................................... Deputy Sergeant .................................... Deputy Sergeant .................................... Deputy Sergeant .................................... Secretary .......................................... 4 140.00 3.780.00 3.720.00 3 480.00 3 720.00 3 780.00 3600.00 3,360.00 Salary, Stenographer ....................................... Salary Deputy Sergeant and Jailer ......................... Salary Deputy Sergeant and Jailer ......................... Salary Deputy Sergeant and Jailer ......................... Salary Deputy Sergeant and Jailer ......................... Salary Deputy Sergeant and Jailer ......................... Salary Matron ............................................. Salary Relief Jailer ...................................... Salary New Jailer ......................................... Salary Extra Help ......................................... Bond Premium ................................. Stationery an ies (Including Jail) ............ Telephone and Telegraph .................................... Automobile Expense ......................................... Travel Expense ............................................. Postage .......................................... .......... 3 000.00 3 480.00 3 480.00 3 42O.00 3 180.00 3 480.00 2 640.00 3OO. OO 3,480.00 900.00 30.00 55O. OO 445.00 3,600.00 120.00 150.00 BE IT FURTHER RESOLVED that the Clerk of this body be, and he is hereby, directed to promptly forward an attested copy of this Resolution to the Compensation Board of the State of Virginia and to the City Sergeant of the City of Roanoke, Virginia. BE IT FURTHER RESOLVED that, an emergency existing, this Resolution shall be in full force and effect from its passage. ler~ APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 31st day of October, 1955. No. 12549. A RESOLUTION making recommendation to the Compensation Board for the fixing of salaries, expenses and other requirements in the office of the Commissioner of Revenue for the calendar year 1956; and providing for an emergency. WHEREAS, in accordance with its usual procedure followed prior to adopting its annual budget ordinance, this Council afforded James A. Armstrong, Commissioner of Revenue of the City of Roanoke, Virginia, a full opportunity to be heard in regard to his recommendations, and reasons therefor, for the fixing of the salary schedule, expenses and all other requirements, as may be needed to properly conduct the office of the Commissioner of Revenue of the City of Roanoke, in the public interest, for the calendar year 1956; and WHEREAS, after a study of the anticipated revenue and receipts, as well as the over-all expense requirements of the City of Roanoke for the calendar year 1956, this Council is of the opinion that it cannot approve the allowance of one increase in salary requested for a member of the staff because the present estimate of revenue does not appear to justify such increase; and WHEREAS, this Council herein approves and recommends the purchase of expensive new labor-saving accounting equipment for this office (provided a similar approval and recommendation in regard to the local Treasurer's Office is effectuated), in the belief that the use thereof, in said two offices, should result in some personnel savings, the amount thereof being presently undetermin- able; and, WHEREAS, it is this Council's hope that, during the year 1956, the amount of such savings may be determinable and the personnel in said offices reduced for the year 1957, in order to justify the expense of acquiring such labor-saving accounting equipment; it being the further belief of this Council that such reduction, in personnel, can be accomplished by normal attrition and without the necessity of any dismissal; and WHEREAS, in the judgment of this Council the appropriations hereinafter listed are sufficient to enable the Commissioner of Revenue of the City of Roan~e to properly conduct all affairs of~his office, in the public interest, for the said calendar year; and WHEREAS, for the usual daily operation of the municipal government, an emergency is set forth and declared to exist. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the salary schedule, expenses and all other requirements, as herein-above qualified and as hereinafter set out, for the Conduct and operation of the office of the Commissioner of Revenue of the City of Roanoke, for the calendar year 1956, be, and the same are hereby, adopted and approved, subject to the approval of Salary, Commissioner of Revenue ............................. $ 9,180.00 Salary, Chief Deputy ........................................ Salary, Deputy and License Inspector ........................ Salary, Deputy .............................................. Salary, Deputy .............................................. Salary, Deputy .............................................. Salary, Deputy .............................................. Salary, Deputy .............................................. Salary, Deputy .............................................. Salary, Deputy .............................................. Salary, Deputy .............................................. Salary, Deputy .............................................. Salary, Deputy .............................................. Salary, Deputy .............................................. Salary, Deputy .............................................. Salary, Deputy .............................................. Salary, Deputy .............................................. Salary, Extra Employees ..................................... Bond Premium ................................................ Postage ..................................................... Telegraph & Telephone ..................... .................. Advertising .............................................. .... 1 Class 9100 Tax Accounting Addressograph Machine with Supplies, Plates and Cabinets .............. 5 180.00 4 520.00 3 780.00 3 740.00 3 480.00 3 390.00 2 940.00 2 919.00 2 820.00 2 820.00 2,760.00 2 400.00 2 400.00 2 400.00 2 400.00 2 400.00 3 500.00 5.00 2,000.00 375.00 300.00 17,257.05 BE IT FURTHER RESOLVED that the Clerk of this body be, and he is hereby, directed to promptly forward an attested copy of this Resolution to the Compensation Board of the State of Virginia and to the Commissioner of Revenue of the City of Roanoke, Virginia. BE IT FURTHER RESOLVED that, an emergency existing, this Resolution shall be in full force and effect from its passage. APPROVED Pre§ident - IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 31st day of October, 1955. No. 12550. A RESOLUTION making recommendation to the Compensation Board for the fixing of salaries, expenses and other requirements in the office of the Attorney for the CommOnwealth for the calendar year 1956; and providing for an emergency. WHEREAS, in accordance with its usual procedure followed prior to adopting its annual budget Ordinance, this Council afforded C. E. Cuddy, Esquire, Attorney for the Commonwealth of the City of Roanoke, Virginia, a full opportunity to be heard in regard to his recommendations, and reasons therefor, for fixing of the salary schedule, expenses and all other requirements, as may be needed to properly conduct the office of the Attorney for the Commonwealth of the City of Roanoke, in the public interest, for the calendar year 1956; and WHEREAS, after a study of the anticipated revenue and receipts, as well as the over-all expense requirements of the City of Roanoke for the calendar year 1956, this Council is of the opinion that it cannot approve the allowance of two increases in salary requested for members of the staff because the present estimate WHEREAS, the request for an increase in the salary of the present Assistant Commonwealth's Attorney being in line with that received by his predecessor in office the same is concurred in by this body; and WHEREAS, one of the salaries as hereinafter set out is the salary paid for the calendar year 1955 as fixed by the Compensation Board and represents an increase granted at a time when this Council had to deny justified increases to other City employees because of the City's financial position, therefore, the inclusion of such salary in this Resolution does not constitute this Council's approval thereof but, rather, its acquiescence therein; and WHEREAS, in the judgment of this Council the appropriations hereinafter listed are sufficient to enable the Attorney for the Commonwealth of the City of Roanoke to properly conduct all affairs of his office, in the public interest, for the said calendar year; and WHEREAS, for the usual daily operation of the municipal government, an emergency is set forth and declared to exist. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the salary schedule, expenses and all other requirements, as herein-above qualified and as hereinafter set out, for the conduct and operation of the office of the Attorney for the Commonwealth of the City of Roanoke, for the calendar year 1956, be, and the same are hereby, adopted and approved, subject to the approval of the Compensation Board, and that the same shall continue in force unless and until subsequently changed by agreement or otherwise revised by lawful authority, viz.: Salary, Commonwealth's Attorney ............................. $ 8,800.00 Salary, Assistant Commonwealth's Attorney ................... 5,500.00 Salary, Case Coordinator .................................... 3,600.00 Salary, Typist .............................................. 1,680.00 Bond Premium ................................................ 5.00 Postage ..................................................... 50.00 Telephone and Telegraph ..................................... 500.00 Stationery and Office Supplies .............................. 300.00 BE IT FURTHER RESOLVED that the Clerk of this body be, and he is hereby, directed to promptly forward an attested copy of this Resolution to the Compensation Board of the State of Virginia and to the Attorney for the Commonwealth of the City of Roanoke, Virginia. BE IT FURTHER RESOLVED that, an emergency existing, this Resolution shall be in full force and effect from its passage. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of November, 1955. No. 12551. A RESOLUTION to sell to Mason-Hagan, Inc., and C. F. Cassell ~ Co., Inc., 84 City of Roanoke, Virginia, at the bid submitted; rejecting all other bids; directing that the certified, check accompanying the successful bid be deposited by the City Treasurer and credit therefor, be allowe~d on. the purchase price of the bonds; d~recting that, the. certified or cashier's check, of all other bidders be forthwith returned; and, providing, for an emergency. WHEREAS, by Resolution No. 12494, adopted by, the Council of the City of Roanoke on the 19th day of September,. 1955, the City Clerk.was directed to advertise for bids for the sale of $350,~00.00 bonds authorized;at an elec~i.on held on the lOth day of June,. 1952, to provide funds to. defray the City's share of the cost Of permanent public improvements, to-wit: Acquisition of sites for, approaches to and the construction of, a new grade separation viaduct designed to replace the existing Jefferson Street grade crossing over the Norfolk and Western Railroad, on U. S. Route ll, in the City of Roanoke, and WHEREAS, the said resolution provided for ~he opening of said bids at twelve o'clock, Noon, Eastern Standard Time, WednesdaY., November 2, 1955, and WHEREAS, in accordance with the provisions of the advertisement that proposals would be received for the purchase of the whole, b~t not any part, of the $350,000.00 Jefferson Street Grade. Crossing Elimination Bonds, Series bids were received as follows: Coupon Rate or Bidder Aqqreqate Bid Rates ) $350,140.00 2.00% Mason-Hagan, Inc. C. F. Cassell & Co., Inc. Mercantile-Safe Deposit and) Trust Company ) Wachovia Bank & Trust )' Company ) J. C. Wheat ~ Company ) Estabrook & Company ) F. W. Craigie & Company ) Halsey Stuart & Co. Scott, Horner& Mason, Inc.) Anderson ~ Strudwick ) 350,112.00 2.25% 2.00% Peoples National Bank R. H. Brooke ~ Co. Edward G Webb & Company ) Strader, Taylor & Co., Inc.) Willis, Kenny & Ayres, Inc.) and Effective Interest Maturities Premium Rate 1956-65 140.00 1.992727 350~i00.00 1956-60 112. O0 2. 062363 1961-65 ) 350,252.00 350,005.00 350,077.77 ) 350,056.00 ) 350,09B.00 2.125% 1956-63 100.00 2.076623 2.00% 1964-65 2.50% 1956-59 252.00 2.077818 2.00% 1960-65 2.125% 1956-65 5,00 2.124740 2.00% 1956-60 77.77 2.177778 2.25% 1961-65 2.25% 1956-64 56.00 2.178909 1.875% 1965 2.50% 1956-60 98.00 2.222181 2.125% 1961-65 WHEREAS, the bid of Mason-Hagan, Inc., and C. F. Cassell & Co., Inc., of $350,140.00, for $350,000. O0 bonds, to bear coupons at the rate of 2.00% per annum plus accrued interest to the City of Roanoke to date of delivery, is the best bid in the interest of the City of Roanoke, and ~ aonformity with the printed notice of sale and official proposal form issued prior to such sale, and WHEREAS, for the public health and safety, an emergency is set forth and declared to exist. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the bid of Mason-Hagan, Inc., and C. F. Cassell & Co., Inc., of $350,140.00, for $350,000.00 bonds, to bear coupons at the rate of 2.00% per annum plus accrued interest to the City of Roanoke to the date of delivery, be, and the same is hereby accepted, and upon payment of the sum of money bid by Mason-Hagan, Inc., and C. F. Cassell & Co., Inc., for said bonds, more accurately identified as $350,000.00 Jefferson Street Grade Crossing Elimination Bonds, Series "HH", of the City of Roanoke, Virginia, dated December 1, 1955, the said bonds shall be delivered to the said corporations. BE IT FURTHER RESOLVED that ail bids, except the bid of Mason-Hagan Inc., and C. F. Cassell & Co., Inc., be, and they are hereby rejected. BE IT FURTHER RESOLVED that the $7,000.00 certified check accompanying the successful bid, in conformity with the printed notice and proposal for bonds, be deposited by the City Treasurer, and credit therefor be allowed on the purchase price of the said bonds, and that the certified or cashier's checks of ali other bidders be forthwith returned. BE IT FURTHER RESOLVED that, an emergency existing, this Resolution shall be in effect from its passage. APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of November, 1955. No. 12545. AN ORDINANCE providing for the public safety, peace, comfort and welfare of the City and its inhabitants by regulating solicitations for charitable, educational, patriotic or philanthropic purposes; requiring registration of those engaged in solicitation for such purposes; prohibiting solicitation by false or fraudulent statements, device or deception; and providing penalties for the violation of this ordinance. WHEREAS, the Council of the City of Roanoke has found that numerous persons have been and may be soliciting funds and property in the City on the representation that such funds are to be used for charitable and religious purposes, when in truth and in fact such funds and property are being used wholly, or in large part, for the private profit of the unscrupulous individuals promoting such solicitations; that a great variety of frauds and misleading devices are employed in such solicitation; that deliberate imitations of the names, slogans, and familiar devices of great and worthy charitable and religious organizations are fraudulently imposed on the public; that, as a result of such pernicious activities, honest and needed charities and religions are suffering from the suspicion engendered by these practices; that the residents of this City have in many cases been defrauded and imposed upon for lack of adequate protection; and that the public safety, peace and welfare demand the exercise of the police power of this City in the enactment and stringent enforcement of this ordinance; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Permit required; exceptions. It shall be unlawful for any person, organization or society, or for any agent, member or representative thereof, directly or indirectly, to solicit property or financial assistance of any kind, to sell or offer to sell any article, tag, service emblem, publication, ticket, advertisement, subscription or anything of value, on the plea or the representation that such sale or solicitation, or the proceeds thereof, is for a charitable, educational, patriotic or philanthropic purpose, on the streets, in any office or business building, by telephone, personal solicitation, by house-to-house canvass or in any other public or private place, by mail, or any other way, in the City, unless such person, organization or society shall have first been issued a permit as provided in this ordinance; provided, however, that the provisions of this ordinance shall not apply to any individual nor any society that is organized and operated exclusively for religious, educational, philanthropic, benevolent, fraternal, charitable or reformatory purposes, not operated for pecuniary profit, where no part of the net earnings of which inures to the benefit of any person, private shareholder or individual, and where the solicitation of such organization shall be conducted only among the members thereof by other members thereof or officers thereof,. voluntarily and without remuneration for such solicitation, or where such solicitation may be in the form of collections or contributions at the regular exercises or services of any church, religious society, lodge, benevolent order or fraternity or similar organization, or of any branch thereof. 2. Application for permit. A written application for a permit to solicit for any cause as provided in Section 1 shall be sworn to and filed with the City Manager, and said application shall contain the following information: (a) Name of organization or individual applying for a permit to solicit and his address or its headquarters. (b) Names and addresses of principal officers and management if applicant is other than an individual. (c) The purpose for which any receipts derived from such solicitation are to be used. (d) The name of the person by whom the receipts of such solicitation shall be disbursed. (e) The name and address of the person who will be in direct charge of conducting such solicitation. (f) An outline of the method to be used in conducting the solicitation. (g) The time when such solicitation shall be made, giving the persons of money thereof. (h) The amount of any wages, fees, commissions, expenses or emoluments ito be expended or paid to anyone in connection with such solicitation, together with the manner in which such wages, fees, expenses, commissions or emoluments are to be expended, to whom paid and the amount thereof. (i) A financial statement for the last preceding fiscal year of any funds collected for the purposes set out in Section 1 by the organization or seeking a permit for such solicitation, said statement giving the amount so raised, together with the cost of raising it, and the final distributio (j) A full statement of the character and extent of the charitable, educational or philanthropic work being done by the applicant organization within the City. (k) Such other information as may be required by the City Manager in order for him to fully determine the kind, character and worthiness of the proposed solicitation and as to whether or not such solicitation is in the interest of protecting the health, life and property of the citizens of the City and in the interest of preserving and enforcing good government and for the security of the City and its inhabitants. 3. Approval of application. Upon receipt of an application as provided in Section 2, the City Manager shall make or cause to be made such investigation as shall by him be deemed necessary in regard thereto, in order to determine that such proposed solicitation is in fact to be conducted for a charitable, educational, philanthropic or patriotic purpose, and that the proceeds from such solicitation shall be so used, and if the City Manager shall be satisfied that such cause for which such solicita- tion is to be made is in fact for a charitable, educational, patriotic or philan- thropic purpose and that the proceeds derived from such solicitation will be used for such purpose, and that not more than twenty per cent of the gross proceeds from such solicitation shall be used in the promotion expenses of such solicitation and that such solicitation is not promoted or conducted primarily for )rivate profit of its promoters, and that such solicitation will not be incompatible vith the protection of health, life and property of the citizens of the City, ~then he shall approve such application. 4. Advisory Commission on Public Solicitation. For the purpose of making any such investigation the City Manager is ereby authorized to appoint a commission to be known as the Advisory Commission n Public Solicitation, to be composed of five (5) members, who shall be citizens f the City and shall serve without remuneration. Of the first appointments hereund. hree (3) of the members shall be appointed for terms of one year, and two (2) or terms of two years, and thereafter members shall be appointed for terms of wo years. The initial appointment of members of said commission shall become ~ffective the 1st day of January, 1956. Vacancies shall be filled by the City 4anager for any unexpired terms, and the City Manager shall designate a member of the commission to be the chairman thereof. The City Manager may refer to said commission any such application for a permit for the solicitation of funds and upon receipt thereof said commission shall make such investigation as it may deem necessary to determine whether, under the provisions of this ordinance, such applicant is entitled to such permit, and shall report to the City Manager the result thereof, and its recommendations in the matter. 5. Issuance of permit; duration; hearing in event of refusal. Upon approval, the City Manager shall issue a permit to an applicant to solicit for any cause as provided in Section 1 for such period as the City Manager may determine not to exceed three (3) calendar months. No such permit shall in any case be construed or be deemed to be an endorsement by the City, the City Manager or by the Advisory Commission provided for in Section 4 of this ordinance of any such solicitation or of the purpose for which the same is made. In all cases where the City Manager declines to issue a permit, the applicant shall upon request be granted a hearing by the City Manager or by someone designated by him. 6. Report from permittee. The City Manager may require from any permittee hereunder any reports or information at any time and at such intervals as in his discretion shall be necessary for the proper administration of the provisions of this ordinance and the protection of the health, life and property of the citizens of the City. 7. Permits non-transferable. Any permit approved and issued under this ordinance shall be non- transferable; provided, however, that this shall not prevent any permittee from using any number of solicitors as shall be reported to the City Manager. 8. Revocation of permit. If, upon receipt of written information or upon his own investigation, the City Manager shall find that any agent or representative of the permittee 'is misrepresenting or making untrue statements with regard to solicitation, or has made untrue statements in the application, or that in any other way the solicitatio has been conducted or is being conducted in a manner inimical to the protection of the health, life and property of the citizens of the City and not in conformity with the intent and purposes of this ordinance, or representing in any way that any permit granted hereunder is an endorsement of such solicitation, then it shall be his duty to revoke said permit; provided, however, that before any permit is revoked, the said City Manager shall give the permittee a minimum of twenty-four (24) hours' notice in writing that a beaching is to be had, and that at said hearing the City Manager shall ascertain the facts, and if any reasons above set forth for revoking the permit are found to exist, the permit shall be revoked. 9. Fraudulent solicitation. It shall be unlawful for any person to knowingly make or perpetrate, or assist or aid in making or perpetrating, in any manner whatsoever, any misstatement deception or fraud in connection with any solicitation of property or financial 8.9 assistance for any purpose in the City of Roanoke, whether or not such person shall be required, under the provisions of this ordinance, to obtain a permit hereunder and whether or not any such permit so required shall have been obtained by such per son. 10. Penalty for violation of ordinance. Any person, and in case of an organization or society, the agent or representative thereof, violating any provision of this ordinance, shall, upon conviction, be punished by a fine not exceeding fifty dollars ($50.00) or by imprisonment not exceeding thirty (30) days, or by both such fine and imprisonment. Each day's continuance of any violation of this ordinance shall constitute a separate offense. 11. Severability. If any sentence, clause, section or other part of this ordinance shall for any reason be adjudged invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining parts or sections of this ordinance, which shall remain standing as if this ordinance had been passed with the invalid sentence, clause, section or part thereof eliminated; and the Council of the City of Roanoke hereby declares that it would have adopted this ordinance if such invalid part or parts had not been included therein. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of November, 1955. No. 12553. AN ORDINANCE to amend and reordain Section =31, "Juvenile Detention Home", of the 1955 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the immediate preservation of the public safety, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =31 "Juvenile Detention Home" of the 1955 Appropriation Ordinance, be and the same is hereby amended and reordained to read as follows, in part: JUVENILE DETENTION HOME =31 Supplies (2) .............................................. $ 2,714.75 (2) 100% reimbursed by State. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED 9O IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The ?th day of November, 1955. No. 12554. AN ORDINANCE to amend and reordain Section ~6R, "Militia" of the ]955 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the immediate preservation of the public safety, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =68 "Militia" , , of the 1955 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: MILITIA =68 Insurance ............................................ $ 2,375.00 Rental ............................................... 2,375.00 BE IT FURTHER ORDAINED that, an emergency existing, this mrdinance shall be in effect from its passage. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The ?th day of November, 1955. No. 12555. AN ORDINANCE to amend and reordain Section =67, "Dog Tax Administration", of the 1955 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the immediate preservation of the public safety, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =67, "Dog Tax Administration", of the1955 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as folIows, in part: DOG TAX ADMINISTRATION ~67 Game Warden Killing Dogs .............................. $560. o~ BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. A P P R o V E D Pr es~~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of November, 1955. No. 12552. AN ORDINANCE to amend and reenact Article I, Sec'tion 1, of Chapter 51 of the Code of the City of Roanoke, Virginia, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have the property located on the north side of Wayne Street, N. E., between Williamson Road and Wilkins Street, described as Lots 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23 and 24, Section A, Map of Williamson Groves, designated as Official Nos. 3070407 through 3070412, both inclusive, rezoned from General Residence District to Business District; and WHEREAS, the City Planning Commission has recommended that the above tract of land be rezoned from General Residence District to Business District, as requested; and WHEREAS, notice required by Article XI, Section 43, of Chapter 51 of the Code of the City of Roanoke, Virginia, relating to Zoning, has been published in "The Roanoke World-News", a newspaper published in the City of Roanoke, for the time required by said section; and WHEREAS, the hearing as provided for in said notice published in the said newspaper was given on the 7th day of November, 1955, at 2:00 o'clock, p. m., before the Council of the City of Roanoke in the Council Room in the Municipal Building, at which hearing no objections were presented by property owners and other interested parties in the affected area; and WHEREAS, this Council, after considering the application and the evidence both for and against said rezoning, is of the opinion that the above property should be rezoned as requested. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Article I, Section I, of Chapter 51 of the Code of the City of Roanoke, Virginia, relating to Zoning, be amended and reenacted in the following particular and no other, viz: The tract of land located on the north side of Wayne Street, N. E., between Williamson Road and Wilkins Street, described as Lots 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23 and 24, Section A, Map of Williamson Groves, designated as Official Nos. 3070407 through 3070412, both inclusive, be and the same is hereby changed from General Residence District to Business District, and the Map herein referred to shall be changed in this respect. APPROVED Clerk President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of November, 1955. No. 12556. AN ORDINANCE providing for the sale of Lots 6, 7 and 8, Block 39, according to the West End and River View Map, upon certain terms and conditions. WHEREAS, the City is the owner of three lots or parcels of land hereinafter described, and one Elbert H. Waldron has offered to purchase the same from the City at a price of $3,000.00, cash; and WHEREAS, the City's Real Estate Committee, to whom said matter has heretofore been referred, has viewed said lots and appraised the value of the same and has recommended to the Council that the aforesaid offer be accepted; and WHEREAS, the Council is of opinion that the offer hereinabove mentioned represents a fair price to be required for the purchase of said property and that it is to the best interests of the City to accept said offer and authorize a sale of said lots upon the terms and conditions hereinafter provided; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the offer of Elbert H. Waldron to purchase from the City those three certain lots or parcels of land known as Lots 6, 7 and 8, Block 39, according to the West End and River View Map, at a purchase price of $3,000.00, cash, net to the City, less Federal revenue stamps to be affixed to the City's deed of conveyance, be, and it is hereby, accepted. BE IT FURTHER ORDAINED that the proper City officials be, and they are hereby, authorized and directed, upon payment by the said purchaser, of the sum of $3,000.00, cash, to the City at the office of the City Clerk, to execute and deliver to the said purchaser the City's deed of conveyance upon such form as is approved by the City Attorney or the Assistant City Attorney conveying said property to the said purchaser with Special Warranty of title, and that the purchase price received therefor be paid into the General Fund of the City. APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of November, 1955. No. 12557. AN ORDINANCE to amend and reordain Section =87, "Airport", of the 1955 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the immediate preservation of the public safety, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~87, "Airport", of the 1955 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: AIRPORT ~87 Gasoline and Oil for Resale ........................ $ 50,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of November, 1955. No. 12558. A RESOLUTION authorizing the installation of additional street lights and the replacement of certain existing street lights in the area around Maher Field. BE IT RESOLVED by the Council of the City of Roanoke that the Appalachian Electric Power Company be, and it is hereby authorized to install seven additional 6000 lumen overhead incandescent street lights on Reserve Avenue, S. W., from Jefferson Street to Franklin Road, as follows: Pole No. 278-3511 - 2nd pole west of Jefferson Street. Pole No. 278-3513 - 4th pole west of Jefferson Street. Pole No. 278-3515 - 6th pole west of Jefferson Street. Pole No. 278-3006 - 8th pole west of Jefferson Street. Pole No. 278-3004 - lOth pole west of Jefferson Street. Pole No. 278-3002 - 12th pole west of Jefferson Street. Pole No. 278-2103 - 14th pole west of Jefferson Street. BE IT FURTHER RESOLVED that the Appalachian Electric Power Company be, and it is hereby authorized to replace with 6000 lumen units seven existing 2500 lumen overhead incandescent street lights on Reserve Avenue, S. W., from Jefferson Street to Franklin Road, as follows: Pole No. 278-3510 - 1st pole west of Jefferson Street. Pole No. 278-3512 - 3rd pole west of Jefferson Street. Pole No. 278-3514 - 5th pole west of Jefferson Street. Pole No. 278-3007 - 7th pole west of Jefferson Street. Pole No. 278-3005 - 9th pole west of Jefferson Street. Pole No. 278-3003 - llth pole west of Jefferson Street. Pole No. 278-3001 - 13th pole west of Jefferson Street. BE IT FURTHER RESOLVED that the Appalachian Electric Power Company be, and it is hereby authorized to install eight additional 6000 lumen overhead incandescent street lights on Jefferson Street, from the Jefferson Street Bridge to Wiley Drive, as follows: Pole No. 278-3019 - 1st pole north of Whitmore Avenue. Pole No. 278-3014 - 1st pole south of Whitmore Avenue. Pole No. 278-3013 - 2nd pole south of Whitmore Avenue. Pole No. 278-3516 - 1st pole south of Reserve Avenue. Pole No. 278-3519 - 3rd pole south of Reserve Avenue. 94 Pole No. 278-3521 - 4th pole south of Reserve Avenue (at Railroad). Pole No. 278-3526 - 6th pole south of Reserve Avenue. Pole No. 278-3528 - South end of bridge over Roanoke River. BE IT FURTHER RESOLVED that the Appalachian Electric Power Company be, and it is hereby authorized to install five additional 6000 lumen overhead incandescent street lights on Franklin Road, S. W., from the Franklin Road Bridge to Brandon Avenue, as follows: Pole No. 278-2105 - North side of intersection with Reserve Avenue. Pole No. 278-2099 - South side of intersection with Reserve Avenue. New - Middle of bridge across Roanoke River. Pole No. 278-2507 - 1st pole south of Wiley Drive. Pole No. 278-2510 - 3rd pole south of Wiley Drive. Said lights to be maintained under the contract existing between the Appalachian Electric Power Company and the City of Roanoke. APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of November, 1955. No. 12559. AN ORDINANCE to amend and reordain Section ~154, "Refunds and Rebates", of the 1955 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Department of Public Welfare of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =154, "Refunds and Rebates", of the 1955 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: REFUNDS AND REBATES ~154 Public Assistance .................................... $ 3,500.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED AT~ Clerk President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of November, 1955. No. 12560. A RESOLUTION accepting the proposal of Stone and Webber Construction Company, Incorporated, Salem, Virginia, for the construction of a storm drain from Valley View Avenue, N. W., to the Watts property, in the total sum of $12,174.00; n,~thnri~inn mud dlr~etlnn th~ City Mmnmn~r to exscuta the renuisite contract: WHEREAS, a committee composed of Mr. Arthur S. Owens, City Manager, Mr. Harry R. Yates, City Auditor, and Mr. H. Cletus Broyles, City Engineer, upon the request of the Council of the City of Roanoke, has tabulated bids heretofore received for the construction of a storm drain from Valley View Avenue, N. W., to the Watts property, and WHEREAS, it appears from said tabulation that the bid of Stone and Webber Construction Company, Incorporated, Salem, Virginia, in the total sum of $12,174.00, is the lowest and best bid received for the construction of a storm drain from Valley View Avenue, N. W., to the Watts property, and WHEREAS, this Council is of the opinion that the proposal of Stone and Webber Construction Company, Incorporated, Salem, Virginia, should be accepted and that a contract for the project should be so awarded to said Company, and WHEREAS, for the preservation of the public health, an emergency is declared to exist. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: Section 1. That the bid of Stone and Webber Construction Company, Incorporated, Salem, Virginia, for the Construction of a storm drain from Valley View Avenue, N. W., to the Watts property, is hereby determined and declared to be the best bid therefor; and that a contract for said project be forthwith executed in the sum of $12,174.00. Section 2. That Arthur S. Owens, City Manager, be, and he is hereby authorized and directed, for and on behalf of the City of Roanoke, to execute the contract herein provided for. Section 3. That, an emergency existing, this Resolution shall be in effect from its passage. ATT~ City Cl~rk APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of November, 1955. No. 12561. AN ORDINANCE approving, in general, a plan providing for the relocation of a portion of Norfolk Avenue, S. E.; proposing the vacating and closing of other portions of Norfolk Avenue; proposing the abandonment and relocating of a certain portion of the Winston-Salem line of the Norfolk and Western Railway Company and the relocation of certain railway grade crossings; proposing the City's acquisition of certain properties in connection with said street relocation; providing for the establishment of a street to serve as a connecting link between Salem Avenue, S. E., and Norfolk Avenue; authorizing and directing the preparation of plans and specifications necessary to effect said street improvements; providing for a public hearing on the question of the relocation, vacating and closing of various portions of Norfolk Avenue; authorizing and directing the City Manager to proceed to ascertain the cost for the construction of said improvements; and providing for an emergency. WHEREAS, this Council has heretofore indicated its intention to establish a new street to serve as a connecting link between Salem Avenue, S. E. and Norfolk Avenue and has heretofore acquired certain additional properties in connection therewith; and WHEREAS, the Norfolk and Western Railway Company has submitted to the Council a proposal, in writing, together with accompanying plan, Y-lO562-A, prepared under date of October 24, 1955, suggesting a relocation of that portion of Norfolk Avenue, S. E., extending from First Street, S. E., to a point at or near the Second Street, S. E. leg of the Jefferson Street Viaduct and the vacating and closing of certain other portions of Norfolk Avenue between First Street, S. E. and Third Street, S. E., all of said proposed relocation and street closing being shown in detail on the plan hereinabove referred to; and has also proposed that, in effecting the aforesaid improvements, it, the said Railway Company, will share equally with the City in the cost of constructing Norfolk Avenue, So E., as relocated, between First Street, S. E., and the aforesaid connecting link between Salem Avenue and Norfolk Avenue and, also, in the cost of constructing said connecting link between Salem Avenue and Norfolk Avenue and, further, has offered to convey to the City a certain parcel of land at the southwest corner of the intersection of Norfolk Avenue and Third Street, S. E., and, further, to convey to the City all its right, title and interest in and to those lands reverting to said Company by virtue of said street closing, provided the City will approve the aforesaid street relocation and abandonment and provided the City will approve the relocation of said Company's Winston-Salem line between Stations 4 + 12.6 and 10 + 60, as shown on the aforesaid plan, granting to said Company the necessary licenses and easements to effectuate such relocation, upon the granting of which said Company will abandon and release its rights acquired under Ordinance No. 1781, heretofore adopted by the Counci'l on the 7th day of November, 19OO; and WHEREAS, the proposal of the Norfolk and Western that certain portions of Norfolk Avenue be relocated and that certain other portions thereof be closed and vacated, in accordance with the aforesaid plan, has been considered by the City Planning Commission and said Commission has recommended to the Council, in writing, that said proposal be adopted by the Council and effected; and WHEREAS, no properties other than those presently owned by the City or by the Norfolk and Western Railway Company abut on or would be affected by either said relocation or vacation of those portions of Norfolk Avenue hereinabove- mentioned; and WHEREAS, for the usual daily operation of the Department of Public Works, an emergency is hereby declared to exist in order that this ordinance may take THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the said Council doth hereby approve, in general, the proposed plan for the relocation of that portion of Norfolk Avenue, S. E., from First Street, S. E. to a point at or near the Second Street leg of the Jefferson Street Viaduct and the vacating and closing of other portions of Norfolk Avenue between First Street, S. E. and Third Street, S. E., as the same are shown in detail on the plan hereinabove-mentioned and, further, doth approve the relocation of said Company's Winston-Salem line between Stations 4 + 12.6 and 10 + 60, as shown on said plan, to the extent that it will, at such time as is required by said Company, grant to said Company the necessary licenses and easements to maintain and operate its said line as relocated on said plan, providing that said Company will convey to the City in fee simple that certain parcel of land situate at the southwest corner of Third Street, S. E., and Norfolk Avenue, now owned by said Company, and will, further, convey to the City such right, title and interest as said Company may have or claim to have in those portions of Norfolk Avenue which will revert to said Company upon the closing and vacating of said street, and, further, will share equally with the City the cost of constructing the relocated portion of Norfolk Avenue between First Street, S. E., and the Second Street leg of said Viaduct and the cost of constructing the aforesaid connecting link between Salem Avenue, S. E., and Norfolk Avenue, as said streets are shown in purple, pink and green on said plans; and BE IT FURTHER ORDAINED that a public hearing be held before this Council at its regular meeting at 2 o'clock, p. m., on the 19th day of December, 1955, on the question of the proposed relocation of a certain portion of Norfolk Avenue, S. E., extending from First Street, S. E., to the Second Street leg of the Jefferson Street Viaduct and the vacating and closing of certain other portions of Norfolk Avenue between First Street and Third Street, S. E., all in accordance with the aforesaid plan, due and timely notice of which said public hearing shall be caused to be advertised by the City Clerk; and BE IT FURTHER ORDAINED that the City Engineer be, and he is hereby, authorized and directed to proceed with the preparation of detailed plans and specifications to effect the relocation and construction of Norfolk Avenue, S. E., as hereinabove provided, and the construction of the connecting link between Salem Avenue and said street, all as set forth on said plan and, upon the preparation of the same, the City Manager is hereby authorized and directed to forthwith negotiate with the State Highway Department, now under contract with the City for the construction of the Jefferson Street Grade Crossing Elimination Viaduct, to ascertain if said Department's existing contract with Rea Construction Co. may be altered or modified so as to include the construction of all of the street improvements hereinabove provided and the cost thereof but, if not, said City Manager is hereby authorized and directed to advertise fc~ bids to effect said construction and to report the same to this Council. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance shall be in force and effect from its passage. APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of November, 1955. No. 12563. 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 Lena M. Nininger to vacate, discontinue, and close the original portion of Oakland Boulevard extending southerly from Wentworth Avenue between Lot 15, Block 17 of the Map of William Fleming Court and Lots 48 and.49 of the Map of Fleming Court to Lot 7 of the A. N. Cook Map, as provided by Section 15-766 of the 1950 Code of Virginia, as amended to date, which portion of Oakland Boulevard has never been opened to the public. WHEREAS, it appearing to the Council of the City of Roanoke, Virginia, upon said petition that said petitioner did duly and legally publish, as required by Section 15-766 of the 1950 Code of Virginia, as amended, a notice of application to this Council to vacate said portion of Oakland Boulevard, 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, NHEREAS, it further appearing to the Council that more than five days have elapsed since the publication of the hereinabove described notice of application, and the Council having considered the petition of the applicant to vacate said portion of Oakland Boulevard as provided by Section 15-766 of the 1950 Code of Virginia, as amended; and, NHEREAS, the petitioner has requested that not less than three, nor more than five qualified persons, be appointed to view the above described port~ n of Oakland Boulevard sought to be vacated, discontinued and closed, and report, in writing, as required by Section 15-766 of the 1950 Code of Virginia, as amended. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, Virginia, that Messrs. R. R. Quick, D. J. Donnelly, James A. Turner, R. L. Rush, and John G. Jackson, any three of whom may act, be, and they are hereby appointed as viewers to view the above described portion of Oakland Boulevard sought to be vacated, and to report, in writing, as required by Section 15-766 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 Oakland Boulevard extending southerly from Wentworth Avenue to Lot 7 of the A. N. Cook Map in the Subdivision known as Fleming Court. APPROVED President IN 'THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of November, 1955. No. 12562. AN ORDINANCE granting permission to Mitchell Clothing, Incorporated, to maintain a certain encroachment over the north line of an alley running between Church Avenue, S. W., and Luck Avenue, S. W., east of 1st Street, S. W., upon certain terms and conditions. WHEREAS, upon the recent construction of a building upon Lot 5, Block 16, Sheet Southwest No. 1 of the Map of the Official Survey, which said property is owned and occupied by Mitchell Clothing, Incorporated, the rear wall of said building was so constructed as to encroach over the rear property line of said lot and into the 10-foot wide alley at the rear of said lot a distance of 2 1/4 inches at the southwest corner of said building and a distance of 2 1/2 inches at the southeast corner of said building, which said rear wall extends a distance of 25.0 feet along said alley; and WHEREAS, said encroachment appears to have been innocently and inadvertentl made due either to some minor error of survey or of construction but does not, in practical effect, abridge or destroy any right to the use of said alley; and WHEREAS, said owner has petitioned this Council for authority to maintain said encroachment upon the terms and conditions hereinafter provided; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that permission be, and the same is hereby, granted to Mitchell Clothing, Incorporated, to maintain, subject to the terms and conditions hereinafter provided, the encroachment of the rear wall of a certain existing building on Lot 5, Block 16, Sheet Southwest No. 1 of the Map of the Official Survey, over the rear line of said lot and into the lO-foot wide public alley running between Church Avenue, S. W., and Luck Avenue, S. W., east of 1st Street, S. W., said encroachment to be not more than 2 1/4 inches into said alley at the southwest corner of said building and not more than 2 1/2 inches into said alley at the southeast corner of said building; provided, however, that the aforesaid permission so granted 100 shall be held and deemed to be a license merely and shall be revokable at the pleasure of this Council or of the General Assembly or upon the removal or destruction of said existing building and that the said Mitchell Clothing, Incorporated, shall, by acting under this Ordinance, be deemed to agree to indemnify and save harmless the City of Roanoke from all claims for damage to persons or property by reason of the construction, existence or maintenance of the aforesaid encroachment. Clerk APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of November, 1955. No. 12567. AN ORDINANCE to amend and reordain Section ~63, "Building and Plumbing Inspection", of the 1955 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the immediate preservation of the public safety, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =63, "Building and Plumbing Inspection", of the 1955 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: BUILDING AND PLUMBING INSPECTION ~63 Salary, Extra Employees .................................... $56.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of November, 1955. No. 12568. AN ORDINANCE to amend and reordain Section ~68, "Militia", and Section ~143, "Departmental Equipment and Improvements", of the 1955 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the immediate preservation of the public safety, an emergency is declared to exist. reordained to read as follows, in part: MILITIA =65 Supplies ............................................. $ 1,241.00 DEPARTMENTAL EQUIPMENT AND IMPROVEMENTS =143 (1) .......... $ 186,047.99 (1) Militia 1 Waxing Machine $259.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. (_J Clerk/ - APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of November, 1955. No. 12569. AN ORDINANCE authorizing and directing the acquisition of certain land for the widening and improvement of Riverdale Road, S. E.; providing for the payment of the purchase price therefor; and providing for an emergency. WHEREAS, for the purpose of the widening and improvement of a portion of Riverdale Road, S. E., it is necessary that the strip or parcel of land hereinafter described be acquired by the City, in fee simple; and WHEREAS, the present owners thereof have agreed to convey the said land to the City for the purchase price of $25.00 cash and said sum is available for such purpose out of funds heretofore appropriated by the Council for Street Construction - Rights of Way; and WHEREAS, for the usual daily operation of the Department of Public Works, a department of the City, an emergency is hereby 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 City Officials be, and they are hereby, authorized and directed to acquire, for and on behalf of the City, from C. L. Minnix, Jr., et ux, or the lawful owners thereof, the following strip or parcel of land in said City, to-wit: BEGINNING at a point on the original north side of Riverdale Road, S. E., said beginning point being S. 58° 05' E. 100.0 feet from the northeast corner of Barton Street (former- ly Clifton Street) and Riverdale Road, S. E., and being the common corner of Lots 14 and 15, Block 18, Map of Riverdale Farm Corporation, of record in Plat Book 2, pages 83 and 83 1/2, in the Clerk's Office of the Circuit Court of Roanoke County; thence with the dividing line between Lots 14 and 15, N. 26° 15' E. 1.24 feet to a point; thence leaving the said dividing line and with the newly established north line of Riverdale Road, S. E., S. 61° 40' E. 49.70 feet to a point on the dividing line between Lots 15 and 16; thence with said dividing 102 aforesaid Riverdale Farm Corporation Map, and containing 175.0 square feet, more or less, all bearings referring to the meridian of the Riverdale Farm Corporation Map; at a purchase price of $25.00, cash, to be paid out of funds heretofore appropriated for Street Construction - Rights of Way, the said purchase price to be paid to said owners upon delivery to the City of a good and sufficient deed upon such form as is prepared and approved by the Assistant City Attorney conveying said land to the City in fee simple. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in full force and effect from its passage. APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of November, 1955. No. 12577. A RESOLUTION ratifying the appointment of James N. Kincanon as Substitute City Attorney; and providing for an emergency. WHEREAS, Randolph G. Whittle, City Attorney, is, at the time, unable, by reason of sickness, to discharge the duties of his office and has appointed in writing James N. Kincanon as Substitute City Attorney to act for him during the period of his inability, pursuant to the provisions of Section 4, Chapter 7, of the Code of the City of Roanoke; and WHEREAS, for the usual daily operation of the office of the City Attorney, a department of the City, an emergency is hereby declared to exist in order that this Resolution may take effect upon its passage; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this body doth hereby ratify and approve the appointment by Randolph G. Whittle, City Attorney, of James N. Kincanon as Substitute City Attorney for and during such period as the said Randolph G. Whittle shall be unable, by reason of sickness, to discharge the duties of the office of City Attorney; provided, however, that the said James N. Kincanon shall, before entering upon the duties of said office, take the oath of office prescribed for officers of the City of Roanoke by Section 5, Chapter 7, of the Code of the City of Roanoke. BE IT FURTHER RESOLVED that, an emergency existing, this Resolution shall be in full force and effect upon its passage. APPROVED --- Cler~ President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of November, 1955. No. 12578. AN ORDINANCE accepting the bid of The Texas Company to supply the city its required regular gasoline from the 1st day of December, 1955, through November 30, 1956, authorizing the Purchasing Agent to execute, for and on behalf of the City, the usual contract in the premises; and providing for an emergency. WHEREAS, the Purchasing Agent has heretofore properly advertised for bids for the supply of regular automotive gasoline for the City for the year beginning December 1, 1955, and ending November 30, 1956; and WHEREAS, pursuant to said advertisement, ten bids were received, tabulated and this day presented to Council for its consideration; and WHEREAS, in the opinion of the City Manager, the Purchasing Agent and this Council, the best bid received for the supplying of regular automotive gasoline for said period was submitted by The Texas Company; and WHEREAS, for the usual daily operation of the Fire Department and other departments of the City, an emergency is set forth and declared to exist in order that this ordinance may take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the bid of the Texas Company to supply regular automotive gasol~e for the City for the period beginning December 1, 1955, and ending November 30, 1956, as follows: For delivery to the City Garage in tank car or transport truck quantities as and when ordered by the City, and to be delivered to the City's Water Department facilities in tank wagon quantities as and when ordered by the Manager of the Hater Department, all at the seller's posted commercial consumer tank wagon price in effect in Roanoke at the time of delivery, less $.031 per gallon, plus any state or federal tax applicable thereto; said gasoline to have a minimum octane rating of 90, based upon the Research Method, and to be subject to sample test by the City at any time during the term of the contract. be, and the same is hereby, accepted; 2. That the Purchasing Agent be, and he is hereby, authorized and directed, for and on behalf of the City, to enter into a contract with The Texas Company, upon the usual terms and conditions, effectuating the acceptance of the aforesaid bid, said contract to be upon such form as is approved by the Substitute City Attorney; and 3. That, an emergency existing, this Ordinance shall be in full force and effect from its passage. APPROVED President - IN THE COUNCIL OF'THE CITY OF ROANOKE, VIRGINIA, The 21st day of November, 1955. No. 12579. AN ORDINANCE accepting the bid of Crown Central Petroleum Corporation to supply the City its required premium grade gasoline from the 1st day of December, 1955, through the 30th day of November, 1956, authorizing the Purchasing Agent to execute, for and on behalf of the City, the usual contract in the premises; and providing for an emergency. WHEREAS, the Purchasing Agent has heretofore properly advertised for bids for the supply of premium grade gasoline for the City for the year beginning December 1, 1955, and ending November 30, 1956; and WHEREAS, pursuant to said advertisement, seven bids were received, tabulated and this day presented to Council for its consideration; and WHEREAS, in the opinion of the'City Manager, the Purchasing Agent and this Council, the best bid received for the supplying of premium grade gasoline for said period was submitted by Crown Central'Petroleum Corporation; and WHEREAS, fOr the usual daily operation of the Fire Department and other departments of the City, an emergency is set forth and declared to exist in order that this Ordinance may take effect from its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the bid of Crown Central Petroleum Corporation to supply premium grade gasoline for the City for the period beginning December 1, 1955, and ending November 30, 1956, as follows: For delivery to the City Garage and/or Fire Department Stations in quantities and as ordered by the City's Officials, at a fixed price of .2224~ per gallon (including 6¢ State Tax but excluding Federal Tax); said gasoline to have a minimum octane rating of 94, based upon the Research Method, and to be subject to sample test by the City at any time during the term of the contract. be, and the same is hereby, accepted; 2. That the Purchasing Agent be, and he is hereby, authorized and directed, for and on behalf of the City, to enter into a contract with Crown Central Petroleum Corporation, upon the usual terms and conditions, effectuating the acceptance of the aforesaid bid, said contract to be upon such form as is approved by the Substitute City Attorney; and 3. That, an emergency existing, this Ordinance shall be in full force and effect from its passage. Clerk/ APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of November, 1955. No. 12564. AN ORDINANCE to amend and reenact Article I, Section 1, of Chapter 51, of the Code of the City of Roanoke, Virginia, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have property located on the east side of Fourth Street, S. E., and the southeas corner of Fourth Street and White Avenue, described as Lots 1, 2, 3, 4 and 5, Block 2, McGehee Map, and known and designated on the Official Map of Roanoke City as Nos. 4020423, 4020424, 4020425, 4020426 and 4020427, be rezoned from Residential District to Light Industrial District, and WHEREAS, the City Planning Commission has recommended that the above property be rezoned from Residential District to Light Industrial District as requested, and WHEREAS, notice required by Article XI, Section 43, of Chapter 51, of the Code of the City of Roanoke, Virginia, relating to Zoning, has been published in "The Roanoke World-News", a newspaper published in the City of Roanoke, for the time required by said section, and WHEREAS, the hearing as provided for in said notice published in the said newspaper was held on the 21st day of November, 1955, at 2:00 o'clock, p. m., before the Council of the City of Roanoke, in the Council Room in the Municipal Building, at which hearing no objections were presented by property owners and other interested parties in the affected area, and WHEREAS, this Council, after considering the application for rezoning, is of the opinion that the above property should be rezoned as requested. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Article I, Section !, of Chapter 51, of the Code of the City of Roanoke, Virginia, relating to Zoning, be amended and reenacted in the following particular and no other, viz: Property located on the east side of Fourth Street, S. E., at the southeast corner of Fourth Street and White Avenue, described as Lots 1, 2, 3, 4 and 5, Block 2, McGehee Map, and known and designated on the Official Map of Roanoke City as Nos. 4020423, 4020424, 4020425, 4020426 and 4020427, be, and is here changed from Residential District to Light Industrial District, and the Zoxing Map herein referred to shall be changed in this respect. APPROVED P r ~=C3'~ n t ~y 106 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of November, 1955. No. 12565. AN ORDINANCE to amend and reenact~Arttcle I, Section 1, of Chapter 51 of the Code of the City of Roanoke, Virginia, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have certain properties bounded on the north by Melrose Avenue, N. W., on the east by property at the corner of 22nd Street, N. W., which is already zoned for business, on the south by the Salem Turnpike and on the west by 23rd Street, N. W., being property designated on the Official Tax Appraisal Map of the City as Lots Nos. 2322301 through 2322306, both inclusive, and Lot No. 2322308, rezoned from Special Residence District as to Lots Nos. 2322301 through 2322306, both inclusive, and from General Residence District as to Lot No. 2322308, to Business District, and WHEREAS, the City Planning Commission has recommended that the above properties be rezoned from Special Residence District and from General Residence District, respectively, to Business District as requested, and WHEREAS, notice required by Article XI, Section 43, of Chapter 51 of the Code of the City of Roanoke, Virginia, relating to Zoning, has been published in "The Roanoke World-News", a newspaper published in the City of Roanoke, for the time required by said section, and WHEREAS, the hearing as provided for in said notice published in the said newspaper was held on the 21st day of November, 1955, at 2:00 o'clock, p. m., before the. Council of the City of Roanoke in the Council Chamber in the Municipal Building, at which hearing no objections were presented by property owners and other'interested parties in the affected area, and WHEREAS, this Council, after considering the application for rezoning, is of the opinion that the above properties should be rezoned as requested. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Article I, Section 1, of Chapter 51 of the Code of the City of Roanoke, Virginia, relating to Zoning, be amended and reenacted in the following particular and no other, viz: Those certain properties or parcels of land bounded on the north by Melrose Avenue, N.W., on the east by property at the corner of 22nd Street, N. W., known as Lot No. 2322307, which is already zoned for business, on the south by the Salem Turnpike and on the west by 23rd Street, N. W., being the properties designated on the Tax Appraisal Map of the City and on Sheet 232 of the Zoning Map as Lots Nos. 2322301 through 2322306, both inclusive, and Lot No. 2322308, be, and they are hereby changed from Special Residence District as to Lots Nos. 2322301 through 2322306, both inclusive, and from General Residence District as to Lot No. 2322308, to Business District, and the Zoning Map herein referred to shall be changed in this respect. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of November, 1955. No. 12566. AN ORDINANCE to amend and reenact Article I, Section 1, of Chapter 51 of the Code of the City of Roanoke, Virginia, in relation to Zoning. WHEREAS, application has been made to the COuncil of the City of Roanoke to have the property located on First Street, S. E. ,south of Elm Avenue, designated on the Official Map of the City as Lot No. 4020212, rezoned from Special Residence District to Business District; and WHEREAS, the City Planning Commission has recommended that the above tract of land be rezoned from Special Residence District to Business District, as requested; and WHEREAS, notice required by Article XI, Section 43, of Chapter 51 of the Code of the City of Roanoke, Virginia, relating to Zoning, has been published in "The Roanoke World-News", a newspaper published in the City of Roanoke, for the time required by said section; and WHEREAS, the hearing as provided for in said notice published in the said newspaper was held on the 21st day of November, 1955, at 2:00 o'clock, p. m., before the Council of the City of Roanoke in the-Council Room in the Municipal Building, at which hearing no objections were presented by property owners and other interested parties in the affected area; and WHEREAS, this Council, after considering the application and the evidence both for and against said rezoning, is of the opinion that the above property should be rezoned as requested. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Article I, Section 1, of Chapter 51 of the Code of the City of Roanoke, Virginia, relating to Zoning, be amended and reenacted in the following particular and no other, viz.: The tract of land located on First Street, S. E., south of Elm Avenue, designated on the Official Map of the City as Lot No. 4020212, be, and the same is hereby, changed from Special Residence District to Business District, and the Map herein referred to shall be changed in this respect. APPROVED AT~, . ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of November, 1955. No. 12570. AN DRDTNANCE arantlno unnn aartaln tarmg and cnndition~ tn the Norfolk 107 of 3rd Street, S. E., adjacent to said intersection; granting upon certain terms and conditions to the Norfolk and Western Railway Company permission to occupy with its tracks a portion of Norfolk Avenue, S. E., as proposed to be relocated; providing for Protection at the ~oreSaid grade crossings; and authorizing the conveyance to the Norfolk and Western Railway Company of a perpetual easement over certain property owned or to be acquired by the City north of Norfolk Avenue, S. E., as proposed to be relocated. WHEREAS, this Council has heretofore approved, in general, a plan providing for the relocation of a portion of the Winston-Salem line of the Norfolk and Western Railway Company, the relocation of certain grade crossings, and for the closing of certain portions of Norfolk Avenue, S. E., as presently established; and WHEREAS, this Council has heretofore approved, upon certain terms and conditions, the proposed grant by the City of Roanoke to the said Company of the necessary licenses and easements to maintain and operate its said line as proposed to be located. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the privilege is hereby granted to the Norfolk and Western Railway Company to occupy, with its tracks, roadbed and equipment incident to train operation, over a strip not exceeding 20 feet in width, that certain portion of Campbell Avenue, S. E. and of the intersection of Campbell Avenue and 3rd Street, S. E. ~d in addition certain portions of 3rd Street, S. E. adjacent to the aforesaid portion of Campbell Avenue, S. E. and of the intersection of Campbell Avenue and 3rd Street, S. E., all as shown in red on Plan N-25006, prepared in the Office of the Chief Engineer of said Company on November 15, 1955, and approved by the City Engineer, exhibited with this Ordinance, and filed with the Clerk of the City of Roanoke; and BE IT FURTHER ORDAINED that the privilege is hereby granted to the said Company to occupy, with its track, roadbed and equipment incident to train operation, over a strip not exceeding 20 feet in width, that portion of Norfolk Avenue, S. E. as proposed to be relocated, more particularly shown in red ~n the aforesaid plan; BE IT FURTHER ORDAINED that the said Company shall furnish, locate and operate grade crossing protective devices, the type, location and manner of operation to be approved by the City Manager of the City of Roanoke, in the vicinity of the aforesaid portion of Norfolk Avenue as hereafter relocated, and the aforesaid portion of Campbell Avenue, S. E. and the intersection of Campbell Avenue and 3rd Street, S. E.; and BE IT FURTHER ORDAINED that the said Company shall grade, surface and maintain the areas in ~hiCh the privileges hereby are granted in a manner satisfactory to the City Manager of the'City Of ROanoke; and BE IT FURTHER ORDAINED that the privileges hereby granted are subject to the abandonment and release by said Company of its rights acquired under Ordinance 1781 heretofore adopted by this Council on November 7, 1900, within a reasonable time after the completion of the relocation by said Company of its Winston-Salem line as heretofore approved, and, further, to the repairing, grading and resurfacing of the area in which said Company is to abandon and release its rights, in a manner satisfactory to the City Manager of the City of Roanoke and at the sole expense of said C~mpany; and BE IT FURTHER ORDAINED that upon the City's acquisition of title to all of the land hereby affected, the proper City officials shall be and they are hereby authorized and directed to execute and deliver to said Company for and on behalf of said City a deed of easement conveying to said Company with SPECIAL WARRANTY OF TITLE a perpetual easement over, across and upon that certain strip or parcel of land situate in the City of Roanoke and lying north of Norfolk Avenue, S. E. as hereafter relocated, more particularly shown in red on Plan N-25004, prepared in the Office of the Chief Engineer of said Company, on November 15, 1955, and approved by the City Engineer, exhibited with this ordinance and filed with the Clerk of said City, bounded and described as follows: BEGINNING at a point in the original north line of East Norfolk Avenue, the south line of right of way of the Roanoke Terminal Division of the Norfolk and Western Railway Company, and being 15 feet northeastwardly from and radial to the proposed center line of main track - west leg of Wye - Winston-Salem Line of said Railway at or about Station 10 plus 08, said point being also 20 feet distant southwestwardly from and radial to the center line of eastbound main track of said Railway at or about Station 13359 plus 15 and at Mile Post N-257 plus 2024 feet, more or less, as measured from Norfolk, Virginia; thence by a line parallel with and 15 feet distant northeastwardly from the proposed center line of main tract - west leg of Wye - Winston-Salem Line curving to the right with a radius of 521.38 feet southeastwardly about 150 feet to a point in the north line of East Norfolk Avenue-Relocated; thence with the north line of said Avenue N 88° 50' 21" W crossing the proposed center line of said main track at or about Station 8 plus 71, a total distance of about 35 feet to a point; thence by a line parallel with and 9.5 feet distant southwestwardly from the proposed center line of said main track as follows: curving to the left with a radius of 496.88 feet northwestwardly about 326 feet to a point radial to said proposed center line at P.T. Station 12 plus 15.98; thence N 83° 05' 53" W 95 feet to a point at right angles to said proposed center line at point of frog at Station 13 plus 10.98; thence by a straight line northwestwardly about 60 feet to a point in the east line of First Street, S. E., produced northwardly, said point being 9.5 feet distant S 1° 10' 02" W from the center line of eastbound main track of said Railway at or about Station 13362 plus 88 and at Mile Post N-257 plus 2397 feet, more or less; thence with said east line of First Street, S. E., produced, N 1° 10' 02" E about 2.3 feet to a point in the original north line of East Norfolk Avenue, the south line of right of way of said Railway Company; thence with said original line of Avenue and right of way as follows: S 88° 48' 53" E about 105 feet to a point; thence S 76° 13' 42" E about 260 feet to the point of beginning and containing about 6000 square feet, or 0.138 of an Acre, more or less, the same to be used by said Company for railroad purposes only; said deed of easement to be prepared in such form as is approved by the City Attorney or Assistant City Attorney, and to contain, inter alia, provision that said Company, in the exercise of its rights under said deed of easement, will not damage, or in any way impair the City's use of any public sewer, drain, water line or other utility now constructed and in use on, over or under the above described parcel of land. APPROVED Pr e s id'~F~--- IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of November, 195§. No. 12571. AN ORDINANCE providing for the leasing of the restaurant and certain other premises at Roanoke Municipal Airport upon certain terms and conditions; granting certain exclusive rights and privileges at said Airport; providing for certain improvements in the Terminal Building of said Airport and the installation of certain fixtures and equipment; and appropriating the sum of $12,945.00 from the General Fund to defray the expenses of the improvements herein provided for. WHEREAS, pursuant to a directive of the Council, the City Purchasing Agent has heretofore advertised for bids and proposals for the operation, under a lease from the City, of the Roanoke Municipal Airport restaurant facilities, response to which advertisement six (6) bids and proposals were submitted but only two (2) of which complied with the requirements of said advertisement, and thereafter all of said bids were referred by the Council to a committee for study, tabulation and recommendation back to the Council; and WHEREAS, the said committee has reported to the Council and has recommended that the bid and proposal submitted by The Cleaves Food Service Corporation met all of the conditions and requirements of said advertisement and that said committee unanimously considered that the proposal of The Cleaves Food Service Corporation was the best bid received for the operation of said Airport facilities and unanimously recommended that the Council direct the City Manager to confer with an official of said corporation and reduce to the form of a written contract the proposal of said bidder, incorporating therein such terms, conditions and provisions as the City Manager would recommend to the Council to be agreed to by the City; and WHEREAS, the City Manager, the Assistant City Attorney and the President of said corporation have met and conferred and have reduced to writing a form of contract agreeable to said corporation and recommended by said City Manager, the form of which is approved bY the Assistant City Attorney, and which said pro- posed contract has been drawn under date of November 15,1955, and read and considered by the City Council; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: That the City Manager be, and he is hereby, authorized and directed, for and on behalf of the City, to execute, and the City Clerk is hereby directed to seal and attest, a certain written agreement drawn and prepared under date of November 15, 1955, between the City and The Cleaves Food Service Corporation, the terms, conditions and provisions whereof are hereby approved by this Council and which said written agreement provides, inter alia, the following: a. That the City will lease to said corporation for a term of five (5) years commencing as of a date within thirty (30) days after the City's installation of the equipment and fixtures and the completion of the repairs and alterations mentioned in said agreement, the restaurant, the kitchen, certain basement storeroom space and certain space in the Terminal Building lobby, together with the exclusive right to said corporation to sell, to the general public, food and beverages, gifts, magazines, souvenirs and similar articles and to install, manage and operate all food, soft drink, candy, tobacco and other similar merchandise dispensing machines within the said Airport Terminal Building, subject to the conditions and provisions contained in said form of agreement; b. That the City will grant to the Lessee, during the term of this lease, the exclusive right and privilege to sell food, soft drinks, souvenirs, programs and similar items to the general public at public places outside said Terminal Building on the occasion of air shows and all other special events held at said Airport and at such other times as may be approved by the City Manager. c. That the City will, before the commencement of the term of said lease, and at its own expense not to exceed the sum of $12,945.00, provide and install in said premises, for the use of said corporation, those certain items of equipment and fixtures listed on Exhibits 2 and 3 of said agreement and will make the alterations, repairs and renovations mentioned on page 4 of said agreement provided, however, that should the total cost of the same exceed the sum of $12,945.00, the said corporation will reimburse the City all of that portion of the total cost of the same which exceeds the sum of $12,945.00 provided that said corporation shall have first, and before the City shall have incurred such additional expense, concurred in and agreed to pay such additional expenditures m d shall have consented in writing to such reimbursement; and d. That the said corporation will covenant and agree to pay as rental for said premises, etc., and for the privileges and services granted and to be supplied it by the City a sum equal to six per cent (6%) of the monthly gross revenue of said corporation derived from its operations at said Airport during each preceding calendar month, the definition of "gross revenue" and the method and manner of accounting for and reporting the same to the City and of making its monthly rental payments to be as provided for in said form of agreement. BE IT FURTHER ORDAINED that the City Manager be, and he is hereby, authorized and directed forthwith to procure and have delivered and installed in said leased premises, in accordance with the terms and provisions of said 11.2 agreement, those items of equipment and fixtures enumerated on Exhibits 2 and 3 of said lease, and to effect the renovation and alteration of the Airport res- taurant room as is provided for in the aforesaid written agreement, all of the same at a cost not to exceed the sum of $12,945.00, such equipment to be procured and installed and such renovation and alteration to be effected under the existing ordinances and administrative procedures he. retofore provided by the Council. BE IT FINALLY ORDAINED that there be, and there is hereby, appropriated from the General Fund to Account No. 143 - Departmental Equipment and Improvemeynts Account, the sum of $12,945.00 to defray the costs and expenses hereinabove provided for. APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of November, 1955. No. 12572. AN ORDINANCE amending Chapter 28. "Public Sewers", of The Code of the City of Roanoke, by adding two sections thereto, said sections being numbered 13. and 14. respectiVely. BE IT ORDAINED by the Council of the City of Roanoke that Chapter 28. "Public Sewers", of The Code of the City of Roanoke, be, and said chapter is hereby, amended by the addition of two sections thereto; said sections being numbered 13. and 14. and reading respectively as follows: Sec. 13. Upon proper application for the extension of a public sanitary sewer, within the City, the City may bear one-half of the cost of the first 300 feet of such extension; provided the applicant shall pay the other one-half of the cost thereof and also the entire cost of such extension in excess of 300 feet. Payment by an applicant of the cost herein contemplated shall not relieve such applicant from the payment of all sanitary sewer connection costs including the connection fee provided for in Section 14. of this chapter. It is the purpose of this section to provide an expeditious method for constructing relatively short public sanitary sewer extensions and not to amend or modify other lawful procedures. Sec. 14. Before a party may connect to a public sanitary sewer, within the City, such party shall pay, unto the City, a connection fee of $50.00 for each connection. APPROVED Clerk President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of November, 1955. No. 12573. AN ORDINANCE imposing and levying license taxes for the year beginning January 1, 1956, and ending December 31, 1956, and also for each and every year thereafter beginning with January 1st of each such year and ending with December 31st, following, until otherwise changed, for the support of the City government, the payment of interest on the City's debt, and for other municipal expenses; providing for the assessment, collection and payment of such taxes and for certain requirements and regulations as an aid thereto; and prescribing certain penalties for the violation of said Ordinance. WHEREAS, it is the purpose and policy of the City of Roanoke, in enacting this Ordinance relating to license taxes for the privilege of conducting business in the City, to impose license taxes on all businesses, trades, professions and callings and upon the persons, firms, associations and corporations engaged therein and the agents thereof, except in cases where taxation by the localities is expressly prohibited by the general law of the State, and, as far as practicable to equalize the burden of such license taxation among those made hereby liable therefor, by adopting, for general application the system of license taxes hereinafter provided; and THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that for the year beginning January 1, 1956, and ending December 31, .1956, and also for each and every year thereafter beginning with January 1st of each year and ending with December 31st, following, until otherwise changed, the annual license tax on businesses, trades, professions and callings and upon the persons, firms, associations and corporations engaged therein and for the agents thereof conducting business or engaged in professional employment or doing anything for which a license tax may be required in the City of Roanoke, and the requirements and regulations relating to the assessment, collection and payment of said license taxes and for the assessment, collection and payment of penalties and interest thereon, and other penalties provided for violation of this Ordinance, shall be as follows, which said license taxes shall be for the support of the City government, the payment of interest on the City's debt and for other municipal expenses: 1. Definitions. (a) Person; Company. Whenever the word "person" or "company "is used in this Ordinance, the same, or either of them, shall be construed to include person, company, firm, partnership, corporation or association; (b) City. Whenever the word "City" is used it shall be construed to mean the City of Roanoke; (c) Commissioner· Whenever the word "Commissioner" is used it shall be construed to mean the Commissioner of the Revenue of the City of Roanoke; (d) Treasurer. Whenever the word "Treasurer" is used in this Ordinance it shall be deemed to mean the Treasurer of the City of Roanoke; (e) Gross Receipts The term "gross receipts" · , as used in this Ordinance, shall mean all compensation, earnings, receipts, rentals, fees, commissions and income whatsoever, including charges for labor, arising in any manner from or growing out of the conduct of the trade, business, occupation, privilege or profession licensed by this Ordinance, without any deductions therefrom whatsoever unless otherwise expressly provided herein; (f) Merchant. The term "merchant" as used in this Ordinance shall mean all persons, firms, corporations, .or associations whose business, or any part of it, consists of buying, or otherwise acquiring, and selling, leasing or otherwise disposing of, goods, wares, merchandise, commodities, supplies, machinery equipment or any other article of personal property. 2. License Tax Year· The License Tax Year shall begin on the first day of January in each year and shall end on the thirty-first day of December of each year unless otherwise expressly provided in specific instances. 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, occupatio~ and subjects, set forth in this Ordinance 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. 4. Liability for License. It is hereby declared to be the intent of this Ordinance that, in order to distribute the tax burden of the City, all businesses, trades, professions, pursuits, vocations, and callings located or conducted in the City, and the persons, firms, associations and corporations engaged therein and the agents thereof, except in cases where taxation by the localities shall be prohibited by the general law of the State, be made subject to a license tax under this Ordinance. When any person shall, by use of signs, circulars, cards, or city news- papers, or radio or television broadcasts, advertise any business, it shall be considered prima facie evidence of his liability under this Ordinance and he shall be required to tske out a license for such business. 5.~ AppliCation for Licenses. Every person desiring to obtain a license to prosecute any business, occupation, vocation, trade, pursuit, calling or profession, or to do anything for which a license is required, shall make applicatio therefore in writing to the Commissioner in which shall be stated the residence of the applicant, the nature of the business, trade, occupation, profession, or thing to be done, the place where it is proposed to be prosecuted and, in case the business to be licensed is taxed upon a graduated scale as hereinafter provided, shall make such statement under oath or answer such interrogations as may be required by this Ordinance. Such application may be made upon the form of application prescribed by the State Department of Taxation for application for State licenses provided such form is stamped, printed, or overprinted to indicate its use for applying for licenses under this Ordinance, or upon such other form of application as may be prescribed by the City Auditor. The Commissioner shall keep such application on file in his office. 6. Interrogatories to Applicant for License. As one of the means of ascertaining the amount of any license tax the Commissioner may propound interrogatories to any applicant and use such other evidence as he may procure. Such interrogatories shall be answered under oath. Any applicant refusing to answer such interrogatories under oath shall be fined not less than $50.00 nor more than $100.00. 7. Oath to Application. Every person liable for a license tax which, under this Ordinance, is based upon the amount of his actual or probable purchases, or sales, or of his actual or probable commissions, or of .the gross receipts from his business or profession, or graded in any other way shall, before he be granted such license, be required to make oath in writing before some notary public, not himself a state or city officer or directly or indirectly employed by such officer, or before the Commissioner, upon the forms furnished showing the amount of his actual or probable purchases, or sales, or of his actual or probable commissions, or of the gross receipts from his business or profession, or of the fair value of articles manufactured, processed or produced, or any other matter that may be pertinent to the assessment of the tax on such license; provided, that in the case of an incorporated company, such oaths shall be made by the chief officer or agent resident in the City or in charge of the business of said company and, in case of an unincorporated firm, by any member thereof. The said form shall be such that the application and oath shall be separately made and signed. The application for license, including the statement under oath above required, shall form a part of the license. 8. Penalty for not Making Application. It shall be the duty of every person doing business, carrying on any trade, occupation, vocation, pursuit, or calling, or practicing any profession, within'the City, and of any person who shall have or open an office, have a place of business, or shall by use of signs or otherwise advertise any business, trade or profession within said City to make application to the Commissioner for the license imposed under this Ordinance, and any person failing to make such application shall be guilty of a misdemeanor. 9. Penalty for Failure to File Statement Required and for Making False Statement. If any person subject to the payment of a license tax required under this Ordinance shall fail or refuse to make and file any statement or statements 115 1i6 required by this Ordinance he shall be guilty of a misdemeanor,and upon conviction thereof, shall be fined not more than $500.00 or confined in jail not more than six months, or both. 10. Basis for Computation. Except as may be otherwise specifically provided by this Ordinance, whenever a license tax for any year is measured by sales, purchases, rentals, commissions, contracts, orders, receipts or fair value of articles or commodities sold, purchased, leased, manufactured, processed, assembled, or produced, the amount of the same, shall be deemed that of the business, occupation or profession affected during the entire preceding calendar year. 11. Issuance of License: Validity. Upon receipt of every application for a license in proper form, the Commissioner, if satisfied of its correctness, shall compute and assess the tax prescribed by this Ordinance and shall issue a license to the applicant to prosecute the business, occupation, vocation, trade, pursuit, calling, profession or thing for which the license is required, named in the application, unless it be such that a license can be granted only upon the certificate of a court, in which case the applicant, upon obtaining such certificate, shall be entitled to a license. The form of every license issuable by the Commissioner shall be prescribed by the City Auditor. No license issued by the Commissioner shall be valid or have any legal effect, except as an assessment, unless and until the tax prescribed by this Ordinance and shown on such license be paid to the City Treasurer and the fact of su~ payment shall appear on the face of the license; provided, however, that an election to pay such tax in installments pursuant toother provisions of this Ordinance shall not be deemed, of itself, to invalidate su~ license. 12. Licenses, Taxes; When Payable. All license taxes imposed by this Ordinance Shall be deemed to be due and payable during the month of January of each license year unless herein otherwise expressly provided; provided, however, that each license tax of $100.00 or more, excluding any penalties or fees assessable thereon, may be paid in two installments, the first during the month of January and the second during the month of July of such year, unless otherwise stated. Every person electing to pay a license tax in two installments shall upon payment of the first installment, pay in full all fees and penalties there- tofore assessed on such license tax. When an election is made to pay the tax on a license in two (2) installments, the Treasurer shall add to each license so assessed an additional fee of 75 cents prior to the payment of the second installment, and a failure to pay such second installment, together with all fees and penalties properly added thereto on or before July 31st, shall operate so as to automatically revoke such license as of midnight, July 31st, but the revocation of such license shall not relieve the licensee from liability for the payment of the second installment and the fees and penalties thereon. Promptly after July 31st, each year, the Treasurer shall report in writing to the Commission the names of all persons whose licenses have been so revoked and the type and serial number of each such license. A License so revoked may be reinstated by the Treasurer prior to December 31st of the license year upon payment to the Treasurer of said second installment together with the fees and penalties properly chargeable thereon. Should any delinquent license tax be collected by civil action or process or suit in chancery, there shall be collected, in addition to such tax and fees, penalties on the same at the rate hereinafter provided, and interest on the sum total thereof after December 31st of the year in which such license was issued. Failure to pay the tax assessed, or due to have been assessed, on a license prior to February 1st of each year, or to pay such installment thereof as is required by this Ordinance to be paid, or at such other time as the same shall become due and payable, shall subject the licensee to the payment of a penalty of 10% of the license tax remaining unpaid on each such date, such penalty to be added and collected by the Treasurer. Promptly after December 31st, 1955, and December 31st of each year thereafter, the Treasurer shall make written report to the City Auditor and to the City Delinquent Tax Collector of each unpaid City license, together with the reasons for each such nonpayment, remaining in his office as of December 31st, and thereafter said Delinquent Tax Collector shall proceed to collect each and every such unpaid license tax. In all cases where a person shall begin a business or employment, or resume the carrying on of a seasonal business or employment, upon which a license tax is imposed under this Ordinance, such license shall be due and payable at the time when the business or employment be commenced or resumed. 13. Display of License. Every person required to pay a license tax or to obtain any license tag or sign pursuant to the provisions of this Ordinance shall keep the license or the license tag or sign displayed or posted in a convenient place at his place of business or on the vehicle or machine designated on the license and, whenever required so to do, shall exhibit the same to any member of the police department detailed or authorized to inspect such license, or to the license inspector. Any person violating the provisions of this section or any person failing to properly keep or display any license, tag, or sign required under the provisions of this Ordinance to be kept or displayed in a particular way shall be guilty of a misdemeanor. 14. Separate License for Each Place of Business. Every person doing business at more than one place, stall or stand, shall be required to take out a separate license for each of such places, stalls or stands, and each of such places, stalls or stands shall constitute a separate and distinct place of business and shall be licensed as provided for under this Ordinance; provided, however, that this section shall not apply to professional licenses issued under 118 15. Separate Licenses for Each Class of Business. Every person engaging in more than one of the classes of business for which a license tax is required under this Ordinance shall, unless otherwise provided, be liable for the license tax herein provided for each of said classes of business. 16. Transfer of License. No license shall be transferable un:til the business, srade, occupation or profession for which it was issued shall have been in .operation continuously for'a period of not less than twelve (12) . consecutive months. Otherwise, and except for those licenses expressly made nontransferable, licenses issued under this Ordinance may be transferred by the Commissioner where, after issuance and after~ payment of the full license tax for the current tax year, and after filing with the Commissioner a statement in writing under oath reporting the amount of sales, purchases or other measure of such license tax to the date of'such transfer, the business for which the license was issued is sold or disposed of but is to be continued by the purchaser or transferree at the same location; but in no case shall any transfer of the license be legal or valid unless or until the full license tax due thereon shall have been paid, the statement under oath shall have been filed, and notice in writing of such transfer shall have been given to the Commissioner, and payment of the transfer fee made, and the Commissioner shall have approved said transfer in writing on said license. The notice above-mentioned shall state the time of the transfer, the type of license and the place of business and shall-name the person to whom transferred. Upon transfer of any license as aforesaid said, transferee shall not, upon subsequent, application for a new license, be deemed to be a beginner in such business but the tax upon such new license shall be measured in all cases by the volume of business done under the preceding license by the original licensee and all subsequent transferees of such license. The Commissioner shall keep a record of all such transfers. Any person transferring or attempting to transfer any license contrary to the provisions of this section shall be guilty of a misdemeanor. The Commissioner shall assess a fee of 75 cents for all transfers made by him, which fee shall be paid to the City Treasurer and receipted for on the license. 17. Records, Keeping Of. Every person liable for a license tax under this Ordinance which is based on actual or probable purchases or sales, actual or probable commissions, gross receipts from a business or profession, contracts or orders accepted, fair value of articles manufactured or produced, or graded in any other way, shall, where such tax is based on actual or probable purchases, or sales, keep for five (5) years all invoices and a record of all purchases and from whom made, and a record of all sales and, where otherwise based,-keep for the same period of time a record of all commissions, gross receipts, costs of manufacture, and contracts or orders accepted, from whom received and with whom All such invoices and records and general books of account shall be open to inspection by the Commissioner, License Inspector, City Auditor or any officer of the City charged in any manner with the duty of assessing or collecting license taxes. Whenever it comes to the knowledge of the Commissioner in any way that a person liable for a license tax has not kept, or is not keeping and preserving the records herein provided for, he shall proceed to estimate the probable business of such person to the best of his ability and assess such person with the license tax provided by this Ordinance upon the business so estimated and,in addition, shall assess the penalty herein provided for. Every person who shall fail or refuse to keep such invoices and records as are above required shall be assessed with and pay a penalty of $50.00 in addition to the license tax imposed. Any person who shall continue to violate the provisions of this section requiring such records to be kept, after written notice from the Commissioner, shall be subject to a further penalty of $50.00 for each month such violation shall continue after the giving of such notice, both of which penalties shall be assessed and collected in the same manner as taxes are assessed and collected. 18. Beginner's License. Except as herein otherwise provided, for the purpose of ascertaining the license tax to be paid by one beginning business, if the license tax is based in whole or in part on sales,purchases, commissions, contracts, orders, receipts, or fair value of articles or commodities manufactured, processed, or produced, he shall estimate what they will be between the date of the issuance of his license and December 31 following. Every underestimate shall be subject to revision by the Commissioner and it shall be the duty of said Commissioner to assess such person with such additional taxes as may be found to be due at any time after the issuance of such license and on, or prior to, December 31st following. The Commissioner may, at his discretion and at such times after the issuance of such license, as he may deem expedient, investigate and ascertain whether any such beginner has underestimated such business. If upon any such investigation the Commissioner shall determine that such beginner has, in fact, underestimated such business, the tax payable on the estimate, as revised by the Commissioner, shall be immediately due and payable, and if not immediately paid by the beginner, such license shall be forthwith revoked. Every such license shall be so revised and the additional tax, if any be found to be due paid before such license shall be renewed or transferred. If any person shall commence to prosecute any business, employment or profession licensable hereunder without first obtaining such license, such person shall be guilty of a misdemeanor and, unless otherwise specifically provided by this Ordinance shall, on conviction thereof, be fined not more than $500.00. Such conviction shall not relieve any such person from the payment of the license tax prescribed by this Ordinance. If such violation b.e continued for one month, such person shall 126 tax which was due and payable at the beginning of such month, in addition to the license tax imposed by this Ordinance, and such penalty shall be assessed and paid along with the license tax and shall become a part of the license tax; and shall be enforced in the manner provided by law for the enforcement of the collection of other taxes. It shall be the duty of the Commissioner to report to the City Manager every person who shall commence to prosecute any licensable business, employment or profession without a license, or who shall unlawfully fail for a longer period than one month to obtain a new license, to the City Manager, who shall cause warrants to be issued for such persons and shall prosecute them. 19. Tax When Not Previously In Business Twelve Consecutive Months. Except as herein otherwise expressly provided, the license tax of every person who was licensed at a definite place of business for only a part of the next preceding license year and whose license is measured by purchases, sales, commissions, contracts, costs, orders, receipts or fair value shal.1 be computed for the then current license year on the basis of an estimate of such measure for the then current license year. Every underestimate made under this section shall be corrected by the Commissioner, whose duty it shall be to assess such persons with such additional taxes as may be found to be due at the end of the tax year on the basis of the true measure of such license tax. 20. Proration. Unless herein otherwise expressly provided, all licenses shall be deemed to be issued f.or the then current tax year, i.e., from January 1st through December $1st, next following, and no license tax imposed by this Ordinance, or by any subsequent amendment hereto, shall be subject to proration for any portion of a license year, unless it be herein expressly provided to the contrary, or unless such proration be required of localities by the general law. 6oing out of business, or ceasing for any reason after the issuance of a license to prosecute the business, trade, occupation, profession or calling so licensed shall not relieve such licensee of liability for the payment of any portion of the license tax theretofore assessed on such license or assessable on such license by reason of an adjustment of any estimate upon which such license was issued. 21. License Fees and Penalties. The Commissioner shall assess for each license issued by him a fee of 75 cents, to be paid by the person to whom the license is issued. If any person shall continue the business, employment or profession after the expiration of a license previously issued therefor, W~thout obtaining a new license, such person shall, if such failure to obtain a new license be continued for one month, be subject to a penalty of ten per centum of the amount of the tax assessable on such new license, in addition to the license tax imposed by this Ordinance and such penalty shall be assessed and paid along with the license tax, or with the first installment thereof if the same be paid in installments, and shall become a part of the license tax; but such penalty shall in no case be less than two dollars. If such failure to obtain a new license be continued for a longer period than one month, such person shall be guilty of a misdemeanor, each day's violation to constitute a separate offense; and the taxes and penalty provided in the preceding part of this section shall also be assessed against such person and collection thereof enforced in the manner provided by law for the enforcement of the collection of other taxes. In such case, if such person shall, in demand, fail or refuse to file with the assessing officer the information necessary to enable him to assess a license tax according to the basis provided by law, such assessing officer shall assess such license tax upon the best information he can obtain, adding thereto the penalty prescribed by this Ordinance. The Commissioner shall not waive the assessment and payment of any penalty provided for in this Ordinance. 22. Reporting Licenses Issued. It shall be the duty of the Commissioner to keep a record in which he shall classify all the branches of business and occupations upon which a license is imposed by this Ordinance, and show the amount of assessment made upon each license, the name of the person assessed, and the period for which said license was issued. At the close of each month he shall deliver to the City Manager and City Auditor a statement reporting the number of licenses and amounts issued under each classification, also accumulative totals for the fiscalyear ending December 31st, comparative with the previous year. 23. Rules of Construction and Collection of License Taxes, etc. As to all questions in regard to the duty and conduct of the officers of the City in collecting and enforcing the taxes herein imposed and in assessing, adjusting, collecting and refunding taxes, and in regard to questions of construction, and for definitions of terms used in this Ordinance and the rules and. regulations applicable to putting the same in operation, reference is hereby made to the general laws of the State of Virginia governing the assessment, levy, collection, correction and refund of taxes for the current year, or to do much thereof as is applicable to this Ordinance and is not inconsistent with it and the general Ordinances of the City; and for the conduct and guidance of the officers of the City and other parties affected by this Ordinance, and for fixing their powers, rights, duties and obligations, the provisions of said laws, so far as applicable and not inconsistent herewith, are hereby adopted, without being specifically herein quoted. 24. License Inspection. The Commissioner shall be, and he is hereby, authorized and directed to employ an inspector whose duty shall be to see that the provisions of all City license Ordinances are enforced, and the said inspector shall make reports to the Commissioner and perform any services required by him in connection with the enforcement of the license Ordinances; said inspector to be subject to removal at any time at the pleasure of the Commissioner. Said inspector 122 shall, especially, investigate and ascertain whether each person, firm or corporation engaged in any business or profession required by any City Ordinance to pay a City license tax for the privilege of doing bu~ness in the City to be measured by the amount of actual or probable sales, or purchases made by him or it,,or upon the actual or probable volume of business done by him or it, has made a correct return; and to that end said inspector is authorized and empowered to summons such person, firm or corporation before him in the office of the Commissioner and require the production of any or all of his or its records, books and papers likely to throw any light upon the matter under investigation, and he is authorized and empowered to make such other and further investigations, examinations and audits of the records, books and papers of such persons, as he shall deem proper in order to accurately determine the proper return to be made by such person. The City license inspector shall have the power and right at all reasonable times to examine the books and records of any taxpayer liable for taxes assessable under this chapter with respect to the possible liability of any person using the facilities of such taxpayer, as well as with respect to the liability of the taxpayer whose books and records are so'examined. If-it ,shall appear that such purchases, sales, amount of business or other matters pertinent to said assessment have been incorrectly reported or returned or underestimated, said inspector shall make a report to the Commissioner who, if he shall be satisfied that such person, firm or corporation has made an incorrect report or return or an underestimatet shall assess such person, firm or corporation with the proper City license tax and with such penalty as may be provided. Every person, who shall fail to appear before said inspector or, appearing, fail or refuse to produce such records, books and papers, when duly summoned, or shall refuse to permit said inspector to make such other and further investigation and audit of said books and papers as aforesaid, shall be guilty of a misdemeanor. ~ 25. Report of Violations; Penalties. Any person conducting a business, vocation, trade, pursuit, calling, occupation or profession for the conduct of which a license tax is required under this Ordinance, without first obtaining such license, shall be guilty, of a misdemeanor and each day's default shall constitute a separate offense. It shall be the duty of the Commissioner, the City Treasurer and all City employees to r~port in writing to the City Manager every case of default as soon as it comes to his knowledge; and the Commissioner shall also report to the City Manager the name, location and business of every person in default. It shall be the duty of the City Manager, immediately upon receipt of such report, to detail a policeman and cause such delinquents to be summoned before the Municipal Court to show cause why they should not be fined under the provisions of this Ordinance, but the special detail of a policeman sh~l not relieve the general police from the general duty of enforcing this or any other Ordinance and the City Manager shall especially see that all requirements of this Ordinance are enforced, and to this end he shall, at least once each month, especially require the police force to investigate violations of this Ordinance. 26. Obstructing Sidewalks, Etc. Nothing contained in this Ordinance shall be construed as giving the right to any person to obstruct sidewalks, street or other public places or to commit or maintain a nuisance. 27. Subjects N~Mentioned in Ordinance. Nothing herein contained shall be construed to repeal the tax imposed by any other Ordinance upon licensed automobiles and other vehicles, or any tax upon dogs, or upon persons, property or subjects not herein mentioned, or affect any act or offense committed or done, or any penalty or forfeiture incurred, or any prosecution or proceeding pending, at, or on the day after passage of this Ordinance. 28. License Tax Ordinance. This Ordinance shall be known, designated and cited as "The License Tax Code of the City of Roanoke, 1956" 29. Validity. Nothing contained in this Ordinance shall be construed as attempting to impose any license tax on any business, occupation, trade, calling or profession, or on any part thereof, that is exempt by State or Federal law from local license taxation. If any clause, sentence, paragraph, section or part of this Ordinance shall for any reason be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance, but shall be confined in operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which the judgment shall have been rendered; and the Council hereby declares that it would have passed this Ordinance and each section, subsection, paragraph, sentence, clause and phrase, thereof, irrespective of the fact that any one or more of such portions be declared invalid. 30. Repeal. Ordinance No. 9740 and all amendments thereof are hereby repealed; but nothing herein shall be construed as repealing Ordinance No. 4695, passed December 27, 1935, relating to the sale and the advertising of sale of certain distressed goods, and imposing certain license taxes. 31. Effective Date. December 31, 1955. This Ordinance shall be in effect from and after 32. Adjusters, Claim and Collection Agencies. Every person, other than a duly licensed attorney, engaged in the business of adjusting, settling, or collecting claims, and e~ery person engaged in the business of freight rate service and adjusting and settling freight rate charges shall pay a license tax of ........................................................................ $3o. oo, plus $1.10 on each $100.00 of the gross receipts derived from such business. 124 33. Advertising Agents or Agencies. (a) Every person conducting the business of an advertising agent and/or agency, or of doing any act or thing for another, for compensation, whereby the goods, wares or merchandise, or business or services, of such other is advertised, except as hereinafter provided, shall pay a license tax of ................................................................... $55.00, plus 83 cents on each $100.00 of the gross receipts derived from such business. (b) Every person engaged in the business of advertising for others, for compensation, by means of bills, signs, posters or other devices, towed or carried in, on or by any airplane, bus, truck or other conveyance in, or over, the City of Roanoke, shall pay, for the privilege of conducting such business, a license tax of ........................................................... $55.00, plus 17 cents on each $100.00 of the gross receipts derived from such business. 34. Agencies, Mercantile or Otherwise. Every person conducting a ntile agency, maintaining an office in the City, doing a rating business or furnishing reports as to the financial standing of persons, firms and corporations shall pay a license tax of ................................... $55.00, plus 55 cents on each $100.00 of the gross receipts derived from such business. 35. Agents for Labor. Every person engaged in conducting an intelligence office, or labor agency, shall pay a license tax of ...................... $55.00, plus 55 cents on each $100.00 of the gross receipts derived from such business, and each agent or solicitor for labor shall pay a license tax of ......... $110.00, neither of which license shall be transferable. 36. Agents, Manufactured Implements or Machines. E~ery person who shall sell, or offer for sale at retail, or lease manufactured implements, or take orders therefor on commission or otherwise, unless he be the owner thereof, or be a duly licensed merchant at his regular place of business who shall have paid a merchant's license tax, shall be deemed to be an agent for the sale of manufactured articles, and shall pay a license tax of ........................................... $55.00, plus 55 cents on each $100.00 of the gross receipts derived from such business. No such person shall, under his license as such, sell or offer to sell or lease such articles through the agency of another, but a separate license shall be required for any agent or employee who shall sell or offer to sell or lease such: articles for another. 37. Agents, Real Estate, Rental Agents. Every person engaged in the business of buying, selling or renting real estate as an agent, shall pay an annual license tax as follows: Real Estate Agents, ...................................... ~.~ .... $55.00, plus 55 cents on each $100.00 of the gross commission or other compensation received by them and their real estate salesmen, if any, entitled to a share of such compensation. Real Estate Salesmen ............................................ $15.00. The terms "real estate agent" and "real estate salesman" shall have the same meanings ascribed to "real estate broker" and "real estate salesman", respectively, by Sections 54~730 and .54-731, respectively, of the Code of Virginia, 1950, as amended. This section shall not apply to commissioners and receivers appointed by the courts, or to administrators, executors, guardians, trustees, and other fiduciaries while acting in a fiduciary capacity. It shall be the duty of such person who obtains a license as a real estate agent to report in writing to the Commissioner the name or names of each person advertised, employed or in any way connected with such person, as salesman. It shall be a violation of this section for any person to employ as a salesman any person who has not obtained a license under the provisions of this section. It shall be unlawful for any salesman to act as a salesman for a real estate agent until such person shall have secured the license provided for by this section. Any person violating any of the provisions of this section shall be guilty of a misdemeanor. 38. Alarm or Detector Service. Every person furnishing alarm or detector service for any premises in the City shall pay a license tax of .................................... $110.00, per year. 39. Alcoholic Beverages. Every person engaged in distilling, fermenting, brewing, manufacturing, bottling, selling and/or dispensing alcoholic beverages, shall pay a license tax as follows: (a) For each distiller's license, if more than 5,000 gallons of alcohol, or spirits, or both, are manufactured during said license year, including bottling ...................................................................... $1,ooo. oo. (b) For each winery license, including bottling ................. $1,000.00. (c) For each brewery license, including bottling ................. $1,000.00. (d) For each bottler's license .................................. $ 500.00. (e) For each wholesale beer license .............................. $ 55.00, plus 33 cents on each $100.00 of the gross purchases. (f) For each wholesale wine distributor's license ................ $ 55.00, plus 33 cents on each $100.00 of the gross purchases. (g) For each wholesale druggist's license ....................... $ 10.00 (h) For each retail beer and/or wine license, in addition to merchant license tax .................................................................. $ 150.00. (i) For each banquet license .................................... $ 5.00. (j) For each fruit distiller's license ........................... $1,500.00. 40. Amusements - Moving Pictures, Shows, Theatricals, Exhibitions, Etc. (a) Every person exhibiting magic lantern or moving picture shows or similar entertainment, where an admission fee is charged, shall pay an annual license tax (b) Every person engaged in exhibiting profess'ional league baseball or football games in accordance with a pre-arranged schedule of games shall pay an annual license tax of ................................................... $110.00, plus 55 cents on each $100.00 of the gross receipts derived from admission fees charged for such games. (c) Every person promoting any theatrical performance or any performance similar the~to, panorama, vaudeville, public dance, or any public performance or exhibition of any kind, except moving pictures, exhibitions, or performances otherwise taxed under this Ordinance, where an admission fee is charged, shall pay for each such promotion: Per day .......................................................... $ 30.00. Per week ....................................................... $ 55.00. Per year ....................................................... $275.00. No license, however, shall be charged when the whole of the net proceeds is applied for religious or charitable purposes; or when only local amateurs participate in theatrical performances or any performance similar thereto, panorama or vaudeville, and no compensation or gain, directly or indirectly, enures to the benefit of any promoter thereof, and the entire net proceeds therefrom are devoted exclusively to defraying the expenses incident to such amateur activities. (d) The operator of every trained dog, cat, or pony show, shall pay a license tax for each day or part thereof the same be'operated, of.. ..... $ 35.00, and in addition thereto, $1.10 on each $100.00 of the gross receipts, exclusive of any Federal and City admission tax thereon, from all admissions to said show and other amusements and side shows conducted in connection therewith. The license tax imposed by this subsection shall be paid and license issued daily for each day's operation of such show. Before any license shall be issued hereunder, the applicant shall pay so much of said license tax as is not measured by gross receiptS, and shall deposit with the City Treasurer the sum of $100.00 in cash to be held as security for the payment of so much of said license tax as is based on gross receipts. On the day following the expiration of any such daily license, the applicant shall file with the Commissioner a certificate in writing in form prescribed by the Commissioner, and sworn to before an officer authorized to administer oaths, showing such gross receipts for the previous day, and the Commissioner shall compute that part of said license tax as is based on gross receipts, and assess the same accordingly. Upon such assessment being made, the applicant shall forthwith pay the amount thereof, and unless such sum is so paid, the applicant shall not be entitled to further operate such show until such sum is paid, and such further operation of such show while said sum is unpaid shall constitute an operation thereof without a license, and the person operating the same shall, upon conviction thereof be fined not less than $100.00 nor more than $500.00, each day's operation to constitute a separate offense. Upon the termination of the operation of said show in this City and the payment of all license taxes due hereunder, the City Treasurer shall refund said deposit to said applicant or to the person depositing the same. Should said applicant fail to file said certificate of gross receipts for the last day of operation in this City, and pay the part of said license tax for said day which is based on gross receipts, within five days from the termination of the operation of the said show in the City, the Commissioner shall thereupon assess so much of said license tax as is based on gross receipts for said day at the amount of said deposit, and the City shall retain said deposit in full payment of the license tax due hereunder for such day's operation. No license tax shall be required to be paid for any such show which is not operated for private profit. (e) Every Person conducting a Horse, Poultry, Kennel Show, etc., shall pay a license tax of ................................................... $ 2.00, for each show. (f) The proprietor of each merry-go-round, hobby horse, thriller, or other like amusement shall pay a !icense tax of ........................ $ 55.00, per month for each month, or part thereof, the same be operated. (g) Every organ grinder or street musician shall pay an annual license tax of ....................... , .......................................... $110.00. (h) Every person conducting a business commonly known as a penny arcad~, where is shown or exhibited slot machines for the purpose of furnishing music or exhibiting pictures, shall pay a license tax of ......................... $ 55.00, per annum in addition to the regular license tax imposed on slot machines in section 106. (i) Every person conducting ring games, knife racks, baby racks and games of chance not prohibited by law shall pay a license tax of .............. $ 30.00, per month for each month or part thereof, or ........................... $275.00, per year. (j) Every proprietor of a shooting gallery shall pay a license tax of ..................................................................... $ 30.00, per month for each month or part thereof. (k) Every proprietor of a skating rink shall pay a license tax of ........................................................................ $110.00, per annum, or .......................................................... $ 30.00, per month. No license issued under any subsection of this section shall be transferable. 41. Auctioneers; Common Criers. (a) Every general auctioneer licensed under Sec. 58-286 of the Code of Virginia, 1950, as amended, whether he receives any compensation for his services or not, and every person who shall engage in the business of selling horses, mules, cattle or other livestock at public auctim, i27 128 on his own account or on consignment or as an agent, licensed under Sec. 58-287 of the Code of Virginia, 1950, as amended, shall pay a license tax of .... $ 55.00, ~ plus 55 cents on each $100.00 of his gross receipts derived from such business; provided that neither of said licenses shall authorize or entitle said auctioneer to sell real estate or jewelry, and neither shall be transferable. (b) Every person licensed under Section 58-371.! of the Code of Virginia, 1950, as amended, and every person not licensed under said Section disposing of or offering for sale at public auction, or causing or permitting to be sold, disposed of or offered for sale at public auction, any diamonds, or any other precious or semiprecious stones or imitations thereof, watches;, clocks, jewelry, gold, silver, or plated ware, china, glassware, art goods, rugs, tapestries, leather goods, or like articles, whether the same shall be his own property or whether sold as agent or employee of another, shall pay a license tax of $55o. oo, plus 55 cents on each $100.00 of the gross receipts derived from such business, which tax shall be paid in advance and shall not be prorated or transferable; provided, however, that this section shaIl not apply to the sale of unredeemed goods by pawnbrokers as provided for in Section 54-847 of the Code of Virginia, 1950, as amended, nor to judicial sales nor sales by an executor, administrator, or trustee under deed of assignment. (c) Each common crier licensed under Section 58-289 of the Code of Virginia, 1950, as amended, shall pay a Iicense tax of ................. $ 15.00. 42. Automobile Renting, etc. (a) Every person who shall engage in the business of furnishing automobiles, motorcycles, trailers, or other motor vehicles,~or bicycles or motor scooters, without drivers, upon rental agreement or upon sale and repurchase agreement when the term of either of such agreement be for a period of less than six months, shall pay a license tax of ..... $ 55.00 plus $2.20 on each $100.00 of the gross receipts derived from such business. (b) Every person who shall engage in the Business of furnishing automobile motorcycles, trailers, or other motor vehicles, or bicycles or motor scooters without drivers, upon rental agreement or upon sale and repurchase agreement when the term of either of such agreement be for a period of six months or more~ shall pay a license tax of ............................................. $ 55.00, plus 55 cents on each $100.00 of the gross receipts derived from such business. Said tax shall be in addition to the special tax imposed on motor vehicles ~by the general motor vehicle license Ordinance. 43. Automobile Washing and Polishing. Every person engaged in the business of washing, pelishing, cleaning, oiling and/or greasing automobiles, buses, trucks, trailers, motorcycles or auto wagons, when such business is not conducted in connection with, as a part of and at the same location of, another licensed business, shall pay a license tax of .......................... $ 55.00, ~l,,~ ~ e~nt~ nn ~eh glOO.OO of the aross receipts derived from such business. 44. Awning and Tent Makers. (a) Every person engaged in the business of contracting, as principal or agent, for the manufacture of awnings, tents, covers or tarpaulins, shall pay a license tax of ................................ $ 55.00, plus 11 cents on each $100. O0'of the gross receipts derived from such business. (b) Every person engaged in the business of erecting, repairing or taking down awnings for others, and who does not manufacture or contract as a principal or agent for the manufacture of the same, shall pay a license tax of ........................................................................ $ 55.00, plus 55 cents on each $100.00 of the gross receipts derived from such business. (c) Every person, other than an awning and tent making and repairing establishment or merchant located in the City paying a regular awning and tent license, merchant's license or manufacturer's tax in the City, engaged in the business of soliciting orders for or contracting, as principal or agent, for the sale, manufacture, erecting, repairing or taking down for others of awnings, tents, covers, venetian blinds or tarpaulins for compensation shall pay a license tax of ......................................................... $275.00. 45. Barber Shops, Beauty Parlors, Baths, Hair Dressers, etc. Every operator of a barber shop, beauty parlor, bath, reducing salon, physical culture salon or hair dressing or manicuring establishment shall pay a license tax measured as follows: (a) Barber Shops - a license tax of ............................. $ 20.00, plus $10.00 for each barber's chair over one located in said shop at any time during the tax year; plus $5.00 for each shoeshine chair or seat located in said shop; plus $10.00 for each manicurist regularly employed in said shop; (b) Beauty Parlors or Shops - a license tax of ................. $ 20.00, plus $10.00 for each beauty operator over one (1) employed or designed to be employed in said parlor or shop; (c) Hair Dressing Establishment - a license tax of ............. $ 20.00, plus $10.00 f~r each hairdresser over one (1) employed or designed to be employed in said establishment; (d) Bath Services, Physical Culture or Reducing Salons - a license tax of ..................................................................... $ 2o. oo, plus $10.00 for each professional operator over one (1) employed or designed to be employed in any of such establishments, and, in each case mentioned in paragraphs (a), (b) and (c), an additional tax of 55 cents on each $100.00 of the gross receipts derived from the entire of such business, provided, however, that a license issued under this section shall not authorize the teaching or instruction of students in any of such trades, business or callings. A licensee under this section may sell at retail in the licensed establishment, cosmetics and beauty aids and similar supplies without a retail merchants license provided that gross receipts from such sales are reported as a part of the measurements of such tax, otherwise, a separate merchants license 129 46. Barbering Schools, Beauty Culture Schools. Every person operating a barbering school or beauty culture school shall pay a license of .... $110.00; provided, however, that such license shall not entitle such person or any other person to render for compensation any of the several services of a barber shop or beauty shop nor to deal in or make sale of merchandise, supplies or equipment u:sed in such trades. 47. Barrels, etc., Secondhand. Every person engaged in the business of buying, selling, bartering or exchanging any kind of secondhand barrels, crates, drums, boxes or other containers, shall pay a license tax of .......... $ 55.00, plus 55 cents on each $100.00 of the gross receipts of such business; provided, however, that licensed junk dealers engaged in such business shall not be required to obtain such additional license. 48. Bill Posters, Sign Painters, etc. (a) Every person who posts bills, labels, or other things for compensation, or who tacks, nails or paints signs on buildings, fences, signboards or public places, or who distributes circulars, books, or packages from house to house for compensation; shall be deemed to be a bill poster and shall pay a license tax of ......................... $110.00. For the erection of any permanent board for such purpose a permit, shall be obtained from the Building Inspector. Nothing herein contained shall be taken to prevent merchants from circulating hand matter advertising their own wares, or to restrict the circulation of matter advertising the auction sale of real estate or other property. Any person being licensed under paragraph (a) hereof may carry on the business mentioned in paragraphs (b) and (c) hereof without the payment of such additional license tax. It shall be unlawful, however, for any person or persons to place in, or attach to, or on, any automobile, without the permission of the owner, any handbill or other advertising matter, and a violation of this provision shall constitute a misdemeanor. (b) Every person who shall furnish space and paint, or who shall paint or otherwise place signs for rental purposes shall be 'construed to be an advertising sign painter and shall pay a license tax of ................ $110.00. For the erection of any permanent board for such purpose a permit shall be obtained from the Building Inspector. (c) Every person engaged in. the business of sign painting and/or writing advertising cards and who is not licensed as an advertising sign painter as above set forth, shall pay a license tax of ................................. $ 20.00. No permit shall be issued by the City Building Inspector for the erecti~ of any permanent signboard until such license as may be required by paragraphs (a) and (b) of this section has been secured. 49. Billiards, Bowling Alleys, Pool or Bagatelle Tables, Dance Halls, etc (a) Every person operating a billiard parlor, or pool roem shall pay a license tax of ......................................................... $ 55.00, and an additional tax of ................................................ $ 35.00, for each table exceeding one in such room capable of being used, whether used or not. (b) Every operator of a bagatelle, jenny lind, dexter table, indoor baseball or similar game or table shall .pay a license tax of ........... $110.00. (c) Every proprietor or operator of a bowling alley shall pay a license tax graduated as follows: For any establishment having only one such alley, a tax of $ 55.00; For any establishment having more than one such alley, whether used or not .................................................................... $ 55.00, plus ................................................................... $ 35.00. for each such alley exceeding one. (d) Every proprietor or operator of a box ball or skee ball alley shall pay a license tax of ................................................... $ 85.00, plus ................................................................... $ 30.00 on each alley, exceeding one, kept in the building' whether used or not. (e) Every person conductin9 a dance hall or pavilion and chargin9 admission thereto ...................................................... $ 55.00, plus $1.10 on each $100.00 of the gross receipts derived from such business. 50. Boarding House Directories or Agents. Every person furnishing for compensation a boarding house directory, and each agent of such person shall pay a license tax of ................................................... $110.00. 51. Bondsmen. Every person who shall, for compensation, enter into any bond or bonds for others, whether as a principal or surety, and every agent of such person, shall pay a license tax of ................................ $110.00, plus $1.10 on each $100.00 of the gross receipts derived by such person from such business. No such license shall be issued unless and until the applicant shall have first obtained from the Judge of the Circuit Court of the City, and exhibited to the Commissioner, a certificate that he is a person of good moral character and entitled to be so licensed. No professional bondsman shall enter into any bond if the aggregate of the penalty of such bond and all other bonds on which he has not been released from liability is in excess of the true market value of his real estate. Each professional bondsman licensed hereunder shall file with the Clerk of the Circuit Court of the City not later than the fifth day of each month a list of all outstanding bonds on which he was obligated as of the last day of the preceding month, together with the amount of the penalty of each such bond. Any person licensed as aforesaid and failing to comply with the provisions of this section 13i_ may be summoned by the Commissioner to appear before the Circuit Court of the City, or the Judge thereof, to show cause why such license should not be revoked and the said Court or Judge, as the case may be, shall have the power, after such hearing, to order such license revoked. Any person entering into any bond or bonds for others, whether as principal or surety, for compensation, and not having first been licensed under the provisions of this section, shall be guilty of a misdemeanor and, upon conviction, shall be fined or confined in jail within the limits provided for misdemeanors; such conviction, however, not to relieve such person from the payment of the license tax hereinabove provided. Every bail commissioner, every clerk of every court and every other public official authorized by law or ordinance to take or accept bonds shall, prior to taking or accepting the same, require the principal and the surety thereon to state in writing whether or not any compensation has been or will be paid to such surety on account of the making of such bond, provided, however, that a failure of such officer or official to obtain such written statement shall not, in any case, be deemed to invalidate or vitiate the obligation of such bond. Nothing in this section shall be construed to apply to guaranty, indemnity, fidelity and security companies doing business in this state under the provisions of Section 38-331 of the Code of Virginia, 1950, as amended. 52. 'Book Salesmen, Magazine Salesmen, Agents, etc. Every person engaged in the business of a book salesman, magazine salesman or agent for the sale of books, or magazines, not selling from a regularly established place of business ~ the City, shall pay a license tax as follows: As a license for the entire tax year ......................... $12.00, or As a license for less than a year ............................ $ 2.50, per month or part thereof. 53. Brokers, Commission Merchants, etc. (a) Stockbrokers. Every person, other than a National Bank or bank or trusts company organized under the laws of this state, or an attorney-at-law duly licensed and practicing in this City, engaged in the business of buying, handling, or selling for others on commission or for other compensation, or regularly engaged in the business of dealing in shares of stock, bonds, notes or other evidences of debt, alone or in connection with any other business, shall pay a license tax of .................. $55.00, plus 55 cents on each $100.00 of all commissions, gross profits and/or other compensation received in such business. (b) Options or futures, dealing in. Every person engaged in buying and selling, or who receives orders to buy or sell, cotton, grain, provisions, merchandise, or other commodities, shall be deemed to be a broker dealing in options and futures. Every broker dealing in options or futures or in buying or selling options or futures shall pay a license tax of ................ $55.00, plus 55 cents on each $100.00 of the gross receipts derived from such business. (c) Wholesale merchandise brokers. Every wholesale merchandise broker prices, and whose gross profits are measured principally by commissims shall pay a license tax of ...................................................... $ 55.00, plus 92.20 on each $1,000.00, or fractional part thereof, of the gross commissions or compensation derived from such business. (d) Commission Merchants; Brokers; Manufacturers, Agents, etc. Every person doing business in the City who receives or distributes provisions and merchandise, includingflour, hay or grain, cotton, peanuts, chemicals, fertilizers, materials, machinery, equipment, timber, lumber or building materials, shipped to such person for distribution on account of the ~ipper, or who participates in the proceeds ensuing from or accruing out of the sales of such provisions, merchandise or commodities, or who invoices such sales or collects the money therefor, or who, representing a manufacturer, sells the product of such manufacturer and participates in the proceeds accruing out of such sales shall be deemed to be a broker who receives or distributes provisions, merchandise or such other commodities. Every person engaged in the business of buying or selling for another any kind of merchandise on commission, except associations or organizations composed wholly of farmers, including produce exchanges, organized and maintained wholly by farmers for mutual help in the marketing of their produce and not for profit, shall be deemed to be a commission merchant. Any such person licensed as a commission merchant under this section may sell any personal property which may be left with or consigned to him for sale, except gold or silver coins, bonds, certificates of public or private debts or other securities. Every broker and every commission merchant as defined by the preceding paragraph shall pay a license tax of .................................. 9 55.00, plus 92.20 on each 91,0OO.00, or fractional part thereof, of the gross commissions or other compensation derived from such business. (e) Grain Dealers. Every person doing business in the City as a wholesale grain buyer, buying and selling commercial grain, except seed grain, at wholesale, in or for his own name, shall, for the privilege of doing such business, pay a license tax of ......................................................... $ 55.00, plus 92.20 on each 91,O00.00, or fractional part thereof of the gross commissions or compensation derived from such business. 54. Carnivals, Street Fairs and Tent Shows. The operator of every carnival, street fair or tent show, except as provided in Sections 40 and 56 of this Ordinance, shall pay the following license tax for each day or part thereof, the same be operated .................................................. $550.00 and in addition thereto, $1.10 on each $100.00 of the gross receipts, exclusive of any Federal and City admission tax thereon, received from all admissions to said carnival, street fair or tent show, and all side shows and amusements operated in connection therewith. No additional license shall be required for the privilege of selling soft drinks, confections, food, souvenirs and novelties on the grounds on which such carnival, street fair or tent show is exhibited. Before any license shall be issued hereunder, the applicant shall pay so much of said license tax as is not measured by gross receipts, and shall deposit with the City Treasurer the sum of $500.00 cash to be held as security ~r the payment of so much of said license tax as is based on gross receipts. On the day following the expiration of any such daily license, the applicant shall file with the Commissioner a certificate in writing, in form prescribed by the Commissioner, and sworn to before an officer authorized to administer oaths, showing such gross receipts for the previous day, and the Commissioner shall compute that part of said license tax as is based on gross receipts, and assess the same accordingly. Upon such assessment being made, the applicant shall forthwith pay the amount thereof, and unless such sum is so paid, the applicant shall not be entitled to further operate such carnival, street fair or tent show until such sum is paid, and such further operation of such carnival, street fair or tent show while said sum is unpaid shall constitute an operation thereof without a license, and the person operating the same shall, upon conviction thereof, be guilty of a misdemeanor, each day's operation to constitute a separate offense. Upon the termination of the operation of said carnival, street fair or tent show in this City and the payment of all license taxes due hereunder, the City Treasurer shall refund said deposit to said applicant or to the person depositing the same. Should said applicant fail to file said certificate of gross receipts for the last day of operation in the City, and pay the part' of said license tax for said day which is based on gross receipts, within five days from the termination of the operation of said carnival, street fair or tent show in the City, the Commissioner shall thereupon assess so much of said license tax as is based on gross receipts, for said day, at the amount of said deposit, and the City shall retain said deposit in full payment of the license tax due hereunder for such day's operation. 55. Cemeteries. Every person who operates a cemetery for profit and who maintains a place of business in the City in connection with such operation, shall pay a license tax of ............................................ $ 85.00. 56. Circuses and Menageries. The operator of each circus and/or menagerie shall pay the following license tax for each day or part thereof the same be operated .............................................................. $330.00 and, in~ addition thereto, $1.10 on each $100.00 of the gross receipts, exclusive of any Federal and C~ity admission tax thereon, received from all admissions. No additional license shall be required for the privilege of selling soft drinks, confections, food, souvenirs and novelties on the grounds on which such circus or menagerie is exhibited. The license tax imposed by this section shall be paid and the license issued daily for each day's operation of such circus, menagerie and side show. Before any license shall be issued hereunder, the applicant shall pay so much of said license tax as is not measured by gross receipts and shall deposit with the City Treasurer the sum of $1,000.00 in cash to be held as security for the payment of so much of said license tax as is based on gross receipts. On the day following the expiration of any such daily license, the applicant shall file with the Commissioner a certificate in writing, in form prescribed by the Commissioner, and sworn to before an officer authorized to administer oaths, showing such gross receipts for the previous day, and the Commissioner shall compute that part of said license tax as is based on gross receipts, and assess the same accordingly. Upon such assessment being made, the applicant shall forthwith pay the amount thereof, and unless such sum is so paid, the applicant shall not be entitled to further operate such circus, menagerie and side show until such sum is paid, and such further operation of such circus, menagerie and side show while said sum is unpaid shall constitute an operation thereof without a license, and the person operating the same shall, upon conviction thereof, be guilty of a misdemeanor, each day's operation to constitute a separate offense. Upon the termination of the operation of said circus or menagerie in this City and the payment of all license taxes due hereunder, the City Treasurer shall refund said deposit to said applicant or to the person depositing the same. Should said applicant fail to file said certificate of gross receipts for the last day of operation in this City, and pay the part of said license tax for said day which is based on gross receipts, within five days from the termination of the operation of the said circus, menagerie and side show in the City, the Commissioner shall thereupon assess so much of said license tax as is based on gross receipts for said day, at the amount of said deposit, and the City shall retain said deposit in full payment of Se license tax due hereunder for such day's operation. 57. City Directories or Telephone Directories. Every person who shall engage in the business of publishing or distributing city directories or telephone directories, having an office or representative, or making contracts or solicit~g for same, in the City, shall pay a license tax of ..................... $250.00. 58. Cleaning, Dyeing or Pressing. (a) Every person~engaged in the business of cleaning, pressing, dyeing and repairing clothes or other articles in the City of Roanoke, or pressing clothes and other articles and having cleaning done elsewhere than at the place of business, shall pay a license tax of ............................... $ 55.00, plus 55 cents on each $100.00 of the gross receipts derived from such business. (b) Every person soliciting in the City cleaning or pressing work, including the cleaning and blocking of hats, to be done outside of the City Shall pay a license tax of .................................................. $ 55.00, lc) Every person not licensed to conduct a cleaning~and pressing~business in the City and engaged, in the business of cleaning and blocking_hats sh~ll pay a license tax of .......................... . ........................ $ 55.00, plus 55 cents on each $100.00 of the gross receipts derived from such business. (d) Every person engaged in the business of cleaning and pressing shall pay a license tax of ....................................... $ 55.00, per year, on each branch office, agency, store or station, in excess of one, for receiving and/or delivering cleaning and pressing other than at their principal place of business. (e) Every individual soliciting, collecting or delivering cleaning and pressing not in the regular employ of a person licensed to conduct such business and/or using a vehicle which is not the property of, and licensed in the name of, such person, shall be deemed to be an age'nZ for the sale of cleaning and pressing $ and shall pay a license tax of ........................................ 55.00, per year. Not transferable. · No license shall.be issued under any paragraph of this section until the applicant has presented to the Commissioner a certificate Of occupancy issued pursuant to Section 1900 of The Official Building Code of the City of Roanoke, 1953, within.not more. than 60 days prior to the application for such license. person violating any provision of this section shall be guilty of a'misdemeanor. 59. Cleaning Nails, Windows, Houses, Carpets, etC. (a) Every person engaged in the business of house cleaning or cleaning walls, furniture, windows, blinds, cornices, trimmings or outside of buildings, other than as a domestic servant, shall pay a license tax of ............................................ $ 55.00. (b) Each person operating a carpet cleaning establishment not conducted in connection with another licensed cleaning or laundry establishment shall pay a license tax of ...................................................... $ 55.00, plus 55 cents on each $100.00 of the gross receipts of such business. 60. Coal Dealers. (a) Every person who shall sell and/or deliver, attempt to sell and/or deliver, offer to sell and/or deliver, or solicit, receive, or take orders for the sale and/or delivery of solid fuel, consisting of coal, coke, or any manufactured or patented fuel not sold by liquid or metered measure in excess of 100 pounds, in the City is hereinafter termed a coal dealer and each such person shall register his or its name and address with the Commissioner and pay the license tax or taxes herein set forth, and shall perform and observe the requirements herein set out. (b) Every coal dealer who keeps and maintains a regular place of business consisting of a coal yard equipped with loading, unloading, storage and service facilities and with adequate scales for the weighing of motor and other vehicles used in the delivery of coal, duly tested, approved and sealed by the sealer of weights and measures of the City, and who makes delivery of, or hauls to customers (c) Every coal dealer not equipped as provided in paragraph (b) above who hauls or delivers to customers over the streets, of this city, coal or coke in quantities in excess of 100 pounds and not exceeding four tons net, shall pay a license tax of ........................................................ $165.00, per year for each vehicle used in such business. (d) Every coal dealer, whether equipped or not as provided in Paragraph (b) above, who delivers or hauls to customers over the streets of this city, coal or coke in quantities exceeding four tons net, but not exceeding five tons net, shall pay a license tax of ............................................. $200.00, per year for each vehicle used in such business. For making delivery or hauling to customers in quantities exceeding five tons net, but not exceeding six tons net, the license tax shall be ..... $220.00, per year for each vehicle used in such business. For making delivery or hauling to customers in quantities exceeding six tons net, but not exceeding seven tons net, the license tax shall be ... $240.00, per year for each vehicle used in such business. For making delivery or hauling to customers in quantities exceeding seven tons net, but not exceeding eight tons net, the license tax shall be ... $265.00, per year for each vehicle used in such business. For making delivery or hauling to customers in quantities exceeding eight tons net, the license shall be ......................................... $275.00, per year for each vehicle used in such business; and every vehicle so licensed under this or the preceding paragraphs of this section shall have thereon con- spicuously displayed at all times a metal permit tag showing the license tag and the load limit for which issued, said tag to be issued by the Commissioner upon payment of the said license tax. (e) The above taxes imposed by the foregoing paragraphs shall be in lieu of the tax imposed on merchants and shall not be prorated, and shall not be issued until the entire amount of the tax for the entire year shall be paid. (f) No vehicle shall be used for the transportation of solid fuel within the City unless the name of the dealer or licensee hereunder prominently appears in letters painted, stamped or enameled on the sides of the body of the vehicle. (g) Every delivery made by those licensed under the foregoing paragraphs (c) and (d) must be accompanied by a delivery ticket showing the name and address of the coal yard, storage yard, mine, tipple, or other point of origin from which delivery is being made, and a brief description of the kind and grade of solid fuel being delivered, attested by the signature of the owner of said origin point or his agent; the-name and address of the person claiming to be the owner of the load of solid fuel while same is in transit; the name and address of the purchaser or consignee; and the gross, tare and net weights of the load taken on scales located in the City and duly tested, approved and sealed by the sealer of weights and measures of the City; the date and time same was taken, and the license Any one violating any provision of this section shall be guilty of a misdemeanor. 61. Coid Storage, Refrigerated Locker's'. (a) Every person carrying on the bu~siness of co'ld s't'or~ge' ~shal'l' 'pay' 'a' l~icense' t'ax 'of .'.~..'.'.'.~.' ....... $ 55.00, plus 55 cents on each $100.00 of th~ gross receipts derived from such business. (b) Every'person engaged in the business of r'enting cold storage and/or frigid freeze lockers shall pay a license t'ax of ...................... $ .28 per-locker and if such person shall in addition engage in the business of packing, processing, but'chering or otherwi'se preparing ~r~'it',~ meat, vegetables or other food stuffs, he shall pay in addition tO the above menti~oned license tax a tax equal to 55 cents on each $100.00 of the gross receipts of such additi°nal business. Contr~a~c~tor.s_; Builders; Superintendents.; etc. Contractors? Every per_son accepting Or offering .to accept orders or contracts for, or doing: (a) Any work on or in any building or structure requiring the use of pa.int., stone.,.brick, mortar, wood, cement, struc~tural iron or steel, sheet iron,. galvanized iron, metallic piping, tin, lead, electric wiring::or.other metal, or wall paper or any other building, material; or (b) Wrecking. of bu.i~d~ngs,.houses or other structures, but be not licensed as a ~ercha.nt for t.he~s~le pf salvaged building ma~erials;.or (c) A~ny~ scr~aping or sand!ng of floors by me,ans of machinery designed for such purpose; or (d) Any:grading, paving or curbing on sidewalks pr streets, public or private property, using asphalt, brick, stone, cement, wood or any. composition; or (e)~Any excavation 9f. earth, rock or other ma.terial for foundations or any other purpose; or (f).Construction of~ any sewer o.r drain of stone, brick,· terra cotta or any other material; or (g) Extermination of vermin, termites or other insects by poison, fumigation or otherwise; or (h)~Any electrical work or installation of wiring or for plumbing, heating or steam fitting; shall be deemed a contractor. Every su,ch contractor as herein defined shall pay an apnu,al license tax of ........................... , ...... ~ ....... ,., ......................... $ 55.00, plus 17 cents on each.$100. O0 of the gross receipts derived,from such business, provided that the license tax for a contractor who has no office in the State of Virginia shall be measured by the foregoing scale on the amount of gross receipts o.f the business which he estimates he will do in the city in each year, and ~h~11 h~ ndiu~t.~d t~ th~ n~tunl flrfl~n reeeinta derived from such business paid a state license, and a local license required by the city, town or county in which his principal office and any branch office may be located, he shall not be subject to the provisions of this section except when the amount of his business in the city exceeds the sum of $25,000 in any tax year, in which event he shall pay a license tax to be measured by the foregoing scale on the amount of gross receipts of the business which he estimates he will do in the city in each year, which license tax shall be adjusted to the actual gross receipts derived from such business in the city at the end of each year, or at such time during any year at which he ceases to do business in the city; provided, further, that all work sublet to a subcontractor by a contractor shall be included in the gross receipts by both such contractor and subcontractor as a base for the license tax provided for in this section. Superintendents. Every person other than the owner thereof who shall act as superintendent of the erection, construction or repair of buildings for which a building or other permit is required, shall be deemed a contractor and shall pay the annual license tax required of a contractor by this section. Builders. Every person who shall build, erect or construct a house or houses, or building, for the purpose of selling or renting the same, and who shall not employ therefor in writing a contractor or person who shall act as superintend ent of the whole construction who has paid the license tax required by this section shall, himself, be deemed a contractor and shall be subject to all the provisions of this section and shall pay an annual license tax as above provided, the same to be measured by the total value or amount of building permits issued for such houses or buildings, to-wit: $55.00 plus 17 cents on each $100.00 of the gross adjusted amounts of such building permits. Any person who shall erect or construct a house or building and later sell or offer to sell or rent the same without having himself resided in the same for not less than 90 days shall be prima facie deemed to have erected or constructed that house or building for the purpose of selling or renting the same. General. It shall be the duty of every such contractor who sublets any portion of the work contracted for to notify the Commissioner of Revenue and the Building Inspector of such subletting, giving amount so sublet, the name and address of all persons to whom any portion of the work is sublet, and for failure so to do shall be guilty of a misdemeanor. If a bond is required of any person licensable under this section, no license or permit shall be issued such person until the same has been given as required by law or ordinance. The Commissioner shall, from time to time, furnish the City Manager, Building Inspector, Electrical Inspector and Plumbing Inspector and any other department which requires a permit or bond of a contractor, a list of all contractors, builders, plumbers or steam fitters duly licensed. No permit shall be issued by any of said departments to a contractor, builder, plumber or steam 140 63. Corporations, Firms, Partnerships, etc. Every person, firm, partner- ship or association, engaged in business for profit, who is required to maintain or who maintains a principal office in the City, or who, although not required to maintain a principal office in the City, maintains a branch or other office or place in the City at a definite place or location, and who is not licenseable under any other section of this Ordinance but is not exempt from local license taxation, shall pay an annual license tax of ........................... $30.00; it being the intent of this section to impose a license tax on every person, firm, association and corpora'tion doing or conducting for profit any business, trade, profession or calling in the City for the doing or conduct of no part of which any other license tax is provided or imposed by any other section of this Ordinance and excepting, only, those cases where taxation by the localities shall be prohibited by the general law of the State, or by Federal law. 64,. Certain Persons., Corporation, Firms, Associations. Every person, firm, corporation or association engaged in business for profit, who maintains an office or place in the City at a definite place or location, who regularly employs at such office or place one (1) but not more than three (3) persons, and who is not licensable, under any one or more of Sections 32 through Section 63, inclusive, and Sections 65 through Section 118, inclusive, of this Ordinance, but who is not exempt from local license taxation, shall pay an annual license tax of ................................................................. $ 10.00. Every such, person, firm or corporation who regularly employs at such office or place four (4.) or more persons shall pay an annual license tax of ....................................................................... $ 55.00. 65. Costumes, Renting of. Every person engaged in the business of renting costumes, not licensed as a merchant and reporting such rentals as a basis of such tax, shall pay a license tax of ......................... $ 55.00, plus 55 cents on each $100.00 of the gross receipts derived from such business. 66. Creosoting Companies. Every person representing a creosoting company and having an office or soliciting such business in the City of Roanoke shall pay a license tax of ................................................... $110. O0. 67. Dancing Schools. Every person who for compensation conducts a dance school or furnishes dancing instructions shall pay a license tax of ... $ 25.00, plus 55 cents on each $100.00 of the gross receipts derived from such business. 68. Dealers in Livestock. Every person dealing in livestock, if not sold a.t public auction, shall pay a license tax of .................... $ 55.00, plus 55 cents on each $100.00 of the gross receipts derived from such business. 69. Delivery Services; Motorcycles for Hire. Every person conducting a motor vehic~ delivery service or operating motorcycles on a "for-hire" basis shall pay a license tax of ............................................ $ 10.00 for each motor vehicle or motorcycle used or operated by such person in the conduct of such business, plus 55 cents on each 9100.00 of the gross receipts derived from such business; which license tax on such person shall be in addition to any tax imposed directly upon such vehicle under any other Ordinance of the city. The term "motorcycle" as used in this Ordinance shall mean and include motorcycles, motorbikes, motorscooters and tri-motorcycles, with or without sidecars attached thereto. 70. Detective Agencies and Natchmen. Every person operating or conducting a detective agency, or any agency or person furnishing watchmen, or protective services for compensation shall pay a license tax of ....... $ 55.00, plus 55 cents on each $100.00 of the gross receipts derived from such business. 71. 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 distributing goods, wares and merchandise among his or its retail stores, shall, for the privilege of operating such distributing house, pay a license tax of ......................... $ 55.00, plus 33 cents on each 9100.00 of the cost price to such person of the goods, wares and merchandise distributed through such distributing house or place. 72. Engraving, Lithographing, etc. Every person engaged in the business of engraving, embossing, enlarging photographs, printing, bookbinding, blank book marking or ruling and every person engaged in soliciting orders for furnishing any of such items made to order, shall pay a license tax of..$ 55.00, plus 55 cents on each 9100. O0 of the gross receipts derived from such business, unless such business be conducted in connection with and at the same location as another licensed business and the gross receipts of such business be reported as a measure of the license tax on such other licensed business. 73. Fortune Teller. Every fortune teller, palmist, clairvoyant, phrenologist, intuitional adviser, or astrologer shall pay a license tax of ..................................................................... 91,100.00, per year, the same not to be transferable. Every person who advertises in any manner to be any or all of the foregoing or who makes any charge, or accepts or receives any gift or other compensation, or sells any article of merchandise in connection with any or all of the foregoing, shall be deemed to be practicing the same and shall be liable for the amount of the license tax herein named. 74. Fruits, Vegetables, etc. Every person who shall bring into the City carloads of fruits, vegetables, watermelons, or other fresh produce and offer the same for sale at retail from the car, shall pay a license tax of .... $ 10.00, per carload, which license shall be issued separately in advance for each such carload and shall specify the car and the location thereof from which 14!_ 142 This section shall not apply to persons bringing into the City by truck fruits, vegetables, watermelons, or other fresh produce for sale at retail from such trucks, which such persons shall be classified as peddlers. YS. Garages and Parking Lots. Operators of garages in ~hich vehicles are stored or kept, for which~ storage or keep' a charge is made and the mid vehicle, while so stored, is under the care and custody of the operator of said garage or his agents, and operators of any yard, or other lot where space is rented or a charge is made for the storage or parking of vehicles shall pay a license tax of ...................................................... $ 30.00 plus $1.10 additional tax for each stall or space in excess of five offered for occupancy for such storage or parking purposes. 76. Hides and Tallow. Every person engaged in the business of purchasing hides, bones, tallow, scrap meat and other kindred products, in the City resident or non-resident, not licensed a merchant shall pay a license tax of .... $275.00. 77. Hotels, Motels, Motor Courts, Boarding Houses, Lodging Houses and Tourist Homes. (a) Every person conducting a Hotel, Motel, Motor Court, Lodging or Rooming House, Tourist Home, or like establishment shall pay a license tax graduated as follows: For an establishment having for rental: Five but not more than ten bedrooms, a tax of ................. $ 30.00 For eleven but not more than twenty bedrooms, a tax of ........ $ 55.00 For twenty-one, or more, bedrooms, a tax of ................... $ 80.00 and, in each case, 55 cents on each $1OO.00 of the gross receipts derived from such business. (b) Every person conducting a Boarding House, Public Inn or Tourist Home where any boarder or transient is fed who pays on any other than a weekly or monthly basis, shall pay a license tax of .......................... $ 10.00. (c) Every person conducting a Boarding House, Public Inn or Tourist Home accommodating ten or more regular weekly or monthly boarders, shall pay a license tax of ........................................................ $ 30.00. None of the aforesaid licenses shall confer the privilege of keeping a public dining room or restaurant. 78. Ice Dealers. (a) Every person dealing in ice and using the public streets in whole or in part for the sale thereof shall pay a license tax of ....................................................................... $ 220.00; and every such license shall be deemed to have been issued upon the express condition that each and every licensee under this paragraph is hereby required during the period from the first day of May to the first day of November to sell and deliver ice each day except Sundays, to anyone in the City desiring to purchase the same for cash in quantities of five cents in value or more, said quantities to be supplied at the same rate as is charged customers taking 50 cents in value; provided, however, that no licensee hereunder shall be required to make delivery in any block except upon the request of three residents therein and then only when no vehicle from which ice is then being sold has passed through the block and has offered ice for sale on that day. Any licensee hereunder who shall fail to comply with the conditions of this paragraph shall be deemed guilty of a misdemeanor. (b) Every person dealing in ice and seiling the same, other than on the public streets or other public places, shall pay a license tax of ...... $385.00; provided, however, that this paragraph shall not apply to the agmt or representativ~ of a person who is currently licensed under paragraph (a) hereof. 79. Interior Decorator. Every person engaged in the business of interior decorating and not licensed as a merchant shall pay a license tax of .... $ 55.00, plus 55 cents on each $100.00 of the gross receipts derived from such business. 80. Itinerant. Every itinerant chiropractor, chiropodist, dentist, manicurist, oculist, optician, optometrist, osteopath, photographer, physician, surgeon, surgical truss fitter or veterinary surgeon shall pay a license tax of ........................................................................ $110.00; which license shall not be transferable. 81. Itinerant Venders and Itinerant Auctioneers. (a) Every person who shall engage in, do or transact any temporary or transient business in the City for the sale of goods, wares and merchandise and who, for the purpose of carrying on such business shall hire, lease, use or occupy any building or structure, motor vehicle, tent, car, or public rgom, or any part thereof, including rooms in hotels, lodging houses or houses of private entertainment, or in any street alley, or other public placel for a period of less than one year, for the exhibition or sale of such goods, wares or merchandise, shall pay for such privilege, in addition to a merchant's license tax, a specific license tax of ........ $220.00 per month or fraction thereof, which license shall not be transferable. Every person who has not been licensed as a merchant for at least one year and who shall hereafter apply for a license under this section to offer or sell goods, wares or merchandise within the City shall file with such application an affidavit of the owner of the building, structure, etc., to be used by such applicant, or of such owners' agent, stating for what period of time such property has been hired or leased by such applicant, and no license shall be issued hereunder unless and unt. il such affidavit is attached to the application. (b) Every transient vendor for the sale of bankrupt, assignee, trustee, fire, wreck stock or salvage stock shall pay a license tax of ........ -.. $220.00, per month, which license shall not be transferable. (Nothing herein contained shall be construed as repealing Ordinance No. 4695.) No person shall be exempt from the payment of the license tax imposed by y No, , 144 trader or auctioneer, or by reason of conducting such temporary or transient business in connection with or as a part of the business in the name of any local merchant, dealer, trader or auctioneer. 82. Junk Dealers. Every person who shall purchase, sell, barter or exchange any kind of secondhand articles, junk, rags, rag cullings, bones, bottles, pewter, scrap metals, metal drosses, old gold and silver, secondhand gold or silverware, steel, iron, old lead pipe, old bathroom fixtures, old rubber, old rubber articles, or other like commodities, except furniture, clothes, shoes and stoves intended to be resold for use as such, shall be deemed a junk dealer. No person shall canvass for the purpose of buying any junk or other commodity enumerated above in this section or canvass for any such junk dealer, unless such person be appointed and authorized to do so in writing by some junk dealer licensed under this section, and such canvasser shall not buy any junk or other like commodity for the purpose of selling to such principal junk dealer or to any other person. Every such junk dealer desiring to appoint such canvasser shall take out a license for each canvasser he shall wish to appoint. Such canvasser's license shall be issued in the name of the dealer applying therefor, with the name of the canvasser shown thereon. No license shall be granted to any junk dealer by the Commissioner unless and until ~uch junk dealer shall have produced to the said Commissioner a license from the judge of the Hustings Court as provided in Section 54-826 of the Code of Virginia, 1950, as amended, and until the place for conducting such business shall have been approved in writing by the City Manager. Every junk dealer shall pay a license tax of .................. $275.00, plus 55 cents on each $100.00 of the gross amount of purchases made by him in such business, whether paid for or not, during the preceding calendar year; and should such junk dealer do business at premises other than designated in the license required by Section 54-826 of the Code of Virginia, 1950, as amended, he shall pay an~additional license tax of.~ ....... , .................... $275.00, for each such.additional premises. For the purpose of buying junk or other like matter, any junk dealer may appoilt and authorize in writing one or more canvassers, for which privilege such junk dealer shall pay a license tax of .......................... $140.00, for each canvasser appointed and licensed. Every person who shall purchase, sell, barter, exchange or otherwise deal in only secondhand papers and/or rags, or sheet metal, shall pay a license tax of ............................................................... $ 55.00. Every person who shall purchase, sell, barter, exchange or otherwise deal in secondhand bottles only, and each canvasser therefor, shall pay a license tax of ........................................................ $ 30.00. Every person violating any of the provisions of this section shall be 83. Laundries, Linen and Towel Supply Companies. (a) Every person engaged in the laundry business in the City whose laundry is equipped for doing general laundry work, other than hand laundries, shall pay a license tax of ....................................................................... $ 55.00, plus 55 cents on each $100.00 of the gross receipts derived from such business. Every person engaged in a hand laundry business shall pay a license tax of ..................................................................... $ 30.00, plus 55 cents on each $100.00 of the gross receipts derived from such business. Every person engaged in soliciting or taking orders for laundries not licensed by the City to operate therein shall pay a license tax of .... $165.00, plus .55 cents on each $100.00 of the gross receipts realized by such person's principal or employer from such solicitation or the taking of orders by such person in the City. Every person engaged in the business of supplying towels, linen, coats, uniforms, overalls, soap, or grease rags, whose place of business is in the City, shall pay a license tax of ...................................... $ 55.00, plus 55 cents on each $100.00 of the gross receipts derived from such business, and where the place of business is located outside of the City the license tax shall be .............................................................. $165.00, plus 55 cents on each $100.00 of the gross receipts realized from solicitation or the taking of orders in the City. (c) Every person engaged in' the business of operating a self-service laundry, or a laundry operated on a machine rental or "coin-in-the-slot" principle, shall pay a license tax of ................................. $ 55.00, plus 55 cents on each $100.00 of the gross receipts realized from the operation of such business. This section shall not be construed to apply to laundry machines installed in apartments and used exlusively by tenants. 84. Letter Writing and Photographic Copying. Every person engaged in the business of photographic copying, letter writing, or similar work, by photographing, multigraphing, mimeographing or addressographing machines, or similar devices shall pay a license tax of ............................ $ 30.00, plus 55 cents on each $100.00 of the gross receipts received from the operation of such business. 85. Loan Companies, etc. Every loan company, mortgage company, savings and loan association, building and loan association or industrial loan company, having its principal office in the City of Roanoke, shall pay a license tax at the following rates: (a) Every building and loan association, savings and loan association, and/or industrial loan association selling stock, making loans as principal or as agent, or making collections of loans, shall pay a license tax of... $ 75.00 when the capital of such.association or company actually paid in, whether from paid up stock or partially paid stock, is not over $25,000.00; but if the paid 146 license taxx of $3.00 for 'each $1,000.00, or fractional part there,of, in excess of $25,000.00. (b) E.very .building and loan association or savings and loan association which does business on a purely mutual plan, makes loans only to its stockholders and confines its business solely to this city and to suburbs thereof within a radius of three miles shall pay a license tax of ...................... $ 50.00. (c) Eve.ry person making loans secured by orders on or assignments of the time or wages of any employee, or making loans secured by chattel mortgages, or liens on personal property or household furniture shall pay a license tax of ....... .............................................................. $250. O0~ plus 50 cents on each $100.00 of the gross receipts of such business, excluding repayments of principal. (d) Ail persons licensed to do business under the provisions of the State Uniform Small Loan Act shall pay a license tax of ...................... $250.00, pl.u~s .50 cents on each $100.00 of the gross receipts of such business in excess of $50,000. OO, excluding repayments of principal. (e) Every person who shall engage in the business of handling or dealing in installment paper shall pay a license tax of ........................ $250.00, plus 50 cents on each $100.00 of the gross receipts of such business in excess of $50,O00.00, excluding repayments of principal. No license granted under this section shall be transferable. (f) Every person engaging in the business of making, handling, dealing in, servicing and/-or collecting loans secured on real estate, for himself or for others, and who is neither a duly incorporated bank, building and loan association, savings and loan association, industrial loan association nor a State-licensed small loan company shall pay a license tax of .......... $ 50.00, plus 10 cents on each $100.00 of the gross receipts derived by such person in such business. I 8.6. Manufacturers, Processors, Assemblers and Industries. Every person manufacturing, processing, assembling or producing in the City any article or commodity, or part or ingredient thereof, either as a primary business, trade or occupation, or as an incident to or in connection with another business, trade or occupation shall pay a license tax of ............................... $ 55.00, plus 11 cents for each $100.00, or fractional part thereof, of the fair value 02 the arttoles or commodities manufactured, processed, assembled or produced by such person in the City, during the preceding calendar year. In determining the tax to be assessed and paid under this section, the 'fair value' of the articles so manufactured,processed, assembled or produced is hereby defined to mean the value in money to the manufacturer, processor or assembler or producer of the articles, commodities or by-products, produced by such person at the time of completion of the work done thereon in the City, assuming such person to be an owner who desires, but is under no comPulsion, to 147 In determining the tax hereinabove provided for, there shall be excepted from the total value of the articles, commodities or by-products so manufactured, processed, assembled or produced such of said articles, commodities and by- products as are manufactured, processed, assembled or produced for the sole use or consumption of the manufacturer, processor, assembler or producer, in his own business, and are not intended to be, and are not, disposed of to another person. No person licensable under this section shall be exempt, by reason of such license, from the requirement of obtaining such merchant's or other license, or licenses, as may be required of such person by other sections of this ordinance If a manufacturer desires to sell, at a definite place or store, or at the place of manufacture, the whole or any portion of the goods, wares or merchandise manufactured by him, or by-products of such manufacture, at retail only, or to consumers and not for resale, then such manufacturer shall take out a retail merchant's license under Sec. 87 of this Ordinance. If a manufacturer desires to sell, at a definite place or store, other than the place of manufacture, to:other persons for resale only, or to institutional, commercial or industrial users, the goods, wares and merchandise manufactured by him, then such manufacturer must take out a wholesale merchant's license under Sec. 88 of this Ordinance, although this definite place or store and also the place of manufacture, be both located in the City. 87. Merchants, Retail. Every person who, as a business, buys and sells goods, wares, merchandise or commodities, including foods and drinks and all types and kinds of equipment, machines, provisions, supplies and other tangible personal property susceptible of sale, or who makes a business of renting, lending or otherwise temporarily disposing of the same, for compensation, but who is not by this Ordinance expressly classified other than a merchant, shall be deemed to be a merchant. Likewise every person who, by some other section of this Ordinance, is required to be licensed as a merchant, is hereby deemed to be a merchant. All merchants who sell at retail or to consumers, and who are not classified as wholesale merchants by the following section of this Ordinance imposing a license tax on wholesale merchants, shall be deemed to be retail merchants. Every person engaged in business as a retail merchant as herein defined shall pay a license tax of ......................................... $ 55.00, Plus 55 cents on each $100.00 of the gross sales made in such business as the term "sales" is hereinafter defined in this section. The term "sales", as used in this section, shall be deemed to be the gross receipts to such person resulting from all sales of goods, wares, merchandise or commodities in said business, whether collected for or not, 148 interest, or any other service charge, transportation charges and charges made as rentals for the use of goods, wares, merchandise, machines, equipment or other tangible personal property. In case the business for which a license tax is imposed by this section is commenced on or after January 1st of any year the license tax for such year shall be as above set forth except that so much thereof as is measured by the "sales" in said business shal! be based upon the estimated or probable "Sales" in said business from the date of commencement thereof to December $1st'of that year. Any retail merchant may conduct the business of a wholesale merchant as defined in the following section of this Ordinance under such person's retail merchant's license, provided the gross sales of such wholesale business are reported by such person as a measure of the tax on such retail merchant's license. The license tax imposed by this section shall be in lieu.of all City taxes upon the capital actually employed by said merchant in said business. If a manufacturer desires to sell, at a definite place or store, or at the place of manufacture, the whole or a portion of the goods, wares and merchandise manufactured by him, or by-products of such manufacturer, at retail only or to consumers and not for resale, then such manufacturer shall take out a retail merchant's license under this section for the privilege of making such sales. The amount of the City license tax is to be measured not only by the amount of sales made by such manufacturer of goods, wares and merchandise manufactured and so sold by him, but also by the goods, wares and merchandise purchased from others for resale. For the purpose of enforcing the license tax hereinabove imposed and for the conduct and guidance of officials in the City and other persons affected by this section, the provisions of Articles 6, ? and 8, Chapter 7, of the 1950 Code of Virginia, as amended at the time of the passage of this Ordinance, are hereby adopted except where the provisions, or a provision, of said articles might be held to be inconsistent with this section, in which case or cases the provisions of this section shall prevail unless the same be expressly contrary to the law of this State. Taxes when going out of business. If, after the close of the year for which the license is issued, the retail merchant should elect not to renew it, but desires the privilege to sell whatever goods, wares and merchandise he may have on hand on January 1st, it shall be lawful for him to do so upon the payment of a license tax of ........................................... $ 55.00, plus 55 cents on each $100.00 of the retail value of such goods, wares and merchandise as are on hand on January 1st, which value shall be arrived at by inventory as of such date and which valuation shall be subject to review and revision by the Commissioner. Such license shall entitle the merchant to sell those goods, wares and merchandise on hand January 1st and, should additional stock be acquired for sale, a regular retail merchant's license measured by his 88. Merchants, Wholesale. Every person who, as a business, buys and sells goods, wares, merchandise or commodities, including all types and kinds of equipment, machines, provisions, supplies and other tangible personal property susceptible of sale, or who, (as the owner of any such property) makes a business of renting, lending or otherwise temporarily disposing of the same, for compensation, but who is not by this Ordinance expressly otherwise classified, shall be deemed to be a merchant. Likewise, every person who, by some ~her section of this Ordinance, is required to be licensed as a merchant, is hereby deemed to be a merchant. All such merchants who sell, or otherwise confine their business solely to other persons for resale or to industrial, commercial or institutional users shall be deemed to be wholesale merchants. Also, every person owning and storing in any public warehouse in the City goods, wares or merchandise for ultimate distribution to other wholesalers only shall be deemed to be wholesale merchants. Every person engaged in business as a wholesale merchant as herein defined shall pay a license tax of .............................................. $ 55.00, plus 33 cents on each $100.00 of the "purchases" made by him in such business, as the term "purchases" is hereinafter defined in this section; provided, however, that, upon application therefor, a "restricted wholesale merchant's license" may be issued to a wholesale merchant if (1) 95% or more in value of his purchases are the products of one producer, processor or manufacturer; and (2) 85% or more of his sales are to customers and for use outside the City of Roanoke. A wholesale merchant entitled to the issuance of a "restricted wholesale merchant's license" as hereinabove provided shall pay an annual license tax of .... $ 55.00, plus 33 cents on each $100.00 of purchases not exceeding $100~000.00, 17 cents on each $100.00 of the next $200,000.00 of purchases, and 11 cents on each $100.00 of purchases in excess of $300,000.00. The term "purchases", as used in this section, shall be deemed to be the total cost to the merchant of all goods, wares and commodities purchased or procured by such merchant for resale, whether paid for or not during the year preceding the then current year, including all transportation charges or costs on such goods, wares, merchandise and commodities to the merchant's place of business, by whomsoever paid, and including, also, all fines, charges, interest or other service charge made by such person and, also, all charges made by such person as rentals for the use of goods, wares, merchandise, machines, equipment, provisions or other tangible personal property owned by such person. In case the business for which a license tax is imposed by this section is commenced on or after January 1st, of any year, the license tax for such year shall be as above set forth except that so much thereof as is measured by the "purchases" in said business shall be based upon the estimated or probable "purchas~ in said business from the date of commencement thereof to December 31st of that year. 150 Every wholesale merchant who desires to conduct a retail business shall procure an additional, separate license on the retail part of said business. The license tax imposed by this section shall be in lieu of all city taxes upon the capital actually employed by said merchant in said business. If a manufacturer desires to sell, at a definite place or store, other than the place of manufacture, to other persons for resale, or to industrial buyers, the goods, wares and merchandise manufactured by him then such manufacturer shall take out a wholesale merchant's license, though this definite place or store and also the place of manufacture, be both located in said City. The amount of the tax on such additional license shall be measured not only by the amount of "purchases" made by such manufacturer from others but also by the goods, wares, and merchandise manufactured by him and sent from the place of manufacture to his store for' sale; and the cost of manufacture shall be taken as the "purchase" )rice of goods, wares and merchandise. For the purpose of enforcing the license tax hereinabove imposed and ~or the conduct and guidance of officials of the City and other persons affected by this section, the provisions of Articles 6, 7 and 8, Chapter 7, of Title 58 of the 1950 Code of Virginia, as amended at the time of the passage of this Ordinance, are hereby adopted except where the provisions, or a provision, of said articles might be held to be inconsistent with this section, in which case or cases the provisions of this section shall prevail unless the same be expressly contrary to the law of this State. Tax when going out of business. If, after the close of the year for which the license is issued, and prior to February 1st of the next ensuing year, the wholesale merchant should elect not to renew it, but desires the privilege to sell whatever goods, wares and merchandise he may have on hand at the time, it shall be lawful for him to do so upon the payment of a license tax of ... $ 55.00, plus 33 cents on each $100.00 of the value, at cost, to such merchant, of such goods, wares and merchandise as are on hand on December 31, which value shall be arrived at by inventory as of such date and which valuation shall be subject to review and revision by the Commissioner. Such license shall entitle the merchant to sell only those goods, wares and merchandise on hand December 31st and, should additional stock be acquired for sale, a regular wholesale merchant's license measured by his gross "purchases" during the entire preceding year shall be required of such merchant. 89. Museums, Art Exhibits, etc. Every proprietor, operator or sponsor of an art exhibit, historical or educational exhibition, where a charge for admission is made, shall pay a license tax of ........................... $165.00, per year, or ............................................................ $ 15.00, per month or any part of a month-the same may be operated or exhibited. 90. Musicians; Entertainers. Every person engaged in the business of furnishing music or entertainment to others, being an orchestra or band owner or leader, who contracts to perform or entertain, or who performs or entertains, for others for compensation, and every organized troupe or group of entertainers, musicians or like individuals who shall perform, play or entertain in public places, for compensation, shall pay a license tax measured as follows: (a) Band or Orchestra of not more than three pieces or players - a license tax of ................................................................. $ 30.00; (b) Band or Orchestra of more than three but not more than six pieces or players - a license tax of ............................................. $ 55.00; (c) Band or Orchestra of more than six pieces or players - a license tax of ................................................................. $110.00; provided, however, that this license shall not be required of persons by reason of their performance in radio or television broadcasting stations; nor shall any license issued under this section be transferable. 91 Old Coins and Stamps. Every person engaged in the business of buying, selling and/or exchanging old coins and/or stamps shall pay a license tax of ........................................................................ $ 30.00, plus 55 cents on each $100.00 of the gross receipts of such business. 92. Pawnbrokers. Every pawnbroker shall pay a license tax of...$385.00; but such license shall not authorize the holder thereof to sell any goods or things except unredeemed pledges at a statutory auction sale thereof. Unredeemed pledges sold at statutory auction sales shall thereupon lose their identity as unredeemed pledges and any later sale thereof shall be deemed a wholesale or retail sale. A pawnbroker desiring to purchase and sell at retail merchandise or his own or other unredeemed pledges shall secure and pay for,in addition to the pawnbroker's license, a retail merchants license as provided for in this chapter. 93. Peddlers, Venders (Retail). A retail peddler or vender, within the meaning of this section, is any person who, at other than a definite place of business operated by the seller, shall sell, vend or barter, or offer to sell, vend or barter, goods, wares, merchandise or any article of tangible personal property, for use or consumption by such other person, and at the time of sale or exposure for sale shall deliver, or offer to deliver, the same to the buyer, and any delivery made on the day of sale shall be construed as a delivery at the time of sale. Every person who shall carry from place to place any goods, wares or merchandise, and offer to sell or barter the same, or actually sell or barter the same, shall be deemed to be a peddler, and any person licensed as a peddler may sell any personal property a merchant may sell, or he may exchange the same for other articles. 152 All persons who do not keep a regular place of business, (whether it be a house or a vacant lot, or elsewhere), open at all times in regular business hours and at the same place, who shall offer for sale goods, wares and merchandise, shall be deemed peddlers under this Ordinance. All persons who keep a regular place of business, open all times in regular business hours and at the same place, who shall elsewhere than at such regular place of business, personally or through their agents offer for sale or sell, and at the time of such offering for sale, deliver goods, wares and merchandise, shall also be deemed peddlers as above, but this section shall not apply to those who sell, or offer for sale, in person or by their employees, ice, wood, charcoal, meat, milk, butter, eggs, poultry, fish, oysters, game, vegetables, fruits, or other family supplies of a perishable nature grown or produced by them and not purchased by them for sale. But a dairyman who uses upon the streets of the City one or more vehicles may sell and deliver from his vehicles milk, butter, cream and eggs in said City without procuring a peddler's license. (a) Every retail peddler conducting such business on foot in the City shall pay a license tax of .............................................. $275.00, and each person so engaged or employed in the City shall be licensed separately. (b) Every retail peddler conducting such business otherwise than on foot, shall pay a license tax of ............................. ~ ................ $550.00, except that every person engaged in the business of a retail mobile merchant who shall display, advertise and sell his merchandise from a motor vehicle on the streets and highways of the City and who maintains a principle office and warehouse in the City shall pay a license tax of ........................ $ 55.00, for each vehicle, plus 55 cents per $100.00 of gross sales from each vehicle used in that business, and provided, further, that peddlers of ice, milk, butter, eggs, poultry, cured meats, vegetables, fruits, or other family supplies of a perishable nature not grown or produced by them and who maintain no principle office or warehouse in the City shall pay a license tax of ............... $ 45.00, for each vehicle used in such peddling in the City. (c) Peddlers of lightning rods shall pay a license tax of ....... $220.00. (d) Every such person engaged in the business of peddling ice cream from vehicles on the streets of the City shall pay a license tax at therate of.$ 15.00, for the first vehicle and .................... ~ .......................... $ 10.00, for each additional vehicle used in such business, provided, however, that no person licensed under this section shall sell, or offer for sale, ice cream unless the same be packed as individual portions, enclosed in boxes or wrappers of tinfoil or other impervious paper so as to be completely protected from contaminatio This license shall not confer the privilege of selling on the market square. Any person violating the provision of this section shall be guilty of a misdemeanor. (e) Venders of Manufactured or Patent Articles. Every agent or other person engaged in the sale of any patent medicine or exhibiting the same, or of soap or other like articles at any place in the City, shall pay a license tax of (f) Street Salesman. Every person selling upon the streets of this City and other public places any articles or commodity of any kind or character shall pay a license tax of ................................................... $ 6.00, per week; provided, in bona fide cases for religious and charitable purposes, this privilege shall be granted by the City Manager without the payment of a license. (g) Peddlers, Miscellaneous. Every person peddling goods, wares, merchandise or products of any description, except as in this Ordinance otherwise provided, shall pay a license tax of .................................... $110.00, a week, or part of a week, which license shall not be transferable. (h) A peddler's license shall not be transferable and any person so licensed shall have conspicuously displayed on any vehicle used in such business a metal tag furnished by the Commissioner. (i) Every vehicle used in peddling as aforesaid shall have conspicuously displayed thereon the name of the peddler using the same, together with the street and number of his residence. (j) Peddlers who use motor vehicles upon the streets of the City for the purpose of peddling such produce, goods, wares and merchandise shall pay for each such motor vehicle a license tax as required by the Ordinance imposing license taxes on motor vehicles, which will be in addition to the peddler's license tax required by this section. 94. Peddlers, Venders. (Wholesale). A wholesale peddler or vender, within the meaning of this section, is any person who, at other than a definite place of business operated by the seller, shall sell, or offer to sell, goods, wares, merchandise or any article of tangible personal property to licensed dealers or retailers and, at the time of such sale or exposure for sale, shall deliver, or offer to deliver the same to the buyer, and any delivery made on the day of sale shall be construed as equivalent to a delivery at the time of sale. Wholesale Peddlers, Generally. Every wholesale peddler or wholesale vender (other than a distributor and/or vender of motor vehicle fuels and petroleum products, a producer of agricultural products, a farmer, a dealer in forest products, or a manufacturer who peddles only the goods, wares or merchandise manufactured by him at a plant, the capital of which is taxable by this State, or a distributor of manufactured goods paying a City license Tax on his purchases), shall pay, for the privilege of doing such business, a license tax of .... $110.00, for each vehicle used in such business, and the said license shall not be transferable. This section shall not be construed, however, to apply to wholesale dealers or merchants regularly licensed by this City who shall sell, and at the same time deliver, merchandise to retail merchants. Every vehicle used by any licensee under this section shall have conspicuously displayed thereon a metal tag furnished by the Commissioner. Peddlers of produce, goods, wares and merchandise who use motor vehicles and merchandise, shall pay for each such motor vehicle a license tax required by the Ordinance imposing license taxes on motor vehicles, which shall be in addition to the peddler's license tax required by this section. Every person claiming to be a distributor and/or vender of motor vehicle fuels and petroleum products, a farmer, a dealer in forest products, or tobacco, or seafood, a producer, a wholesale dealer, or a manufacturer taxable on capital by this State or a distributor of manufactured goods paying a City license tax on his purchases and selling and delivering at the same time, or offering to sell and deliver at the same time, to licensed dealers or retailers, such goods, wares or merchandise, shall, upon request of any police, tax or revenue officer, furnish evidence of his claim, other than his mere statement, that he is exempt from the provisions of this section, and failure to furnish such evidence shall be sufficient ground for charging the person operating the vehicle with a violation of this section and in any prosecution for a violation of this section, any of the claims aforesaid must be corroborated by satisfactory evidence. The exemption hereby accorded a distributor and/or vender of motor vehicle fuels and petroleum products and a dealer in forest products or tobacco,is restricted to such peddling of motor vehicle fuels and petroleum products, forest products and tobacco, and in the case of a farmer, a producer or a manufacturer taxable on capital by this State, the exemption is restricted to such peddling of goods, wares and merchandise actually manufactured, produced or grown by the seller. Every person claiming exemption from the provisions of this section on the ground that he is delivering goods, wares or merchandise previously sold to the customer shall, upon request of any police, tax or revenue officer, furnish evidence of his claim, other than his mere statement, which evidence may be an invoice or signed order describing the goods, wares or merchandise involved, and the amount and price thereof, and failure to furnish such evidence shall be sufficient ground for charging the person operating the vehicle with a violation of this section and in any prosecution for a violation of this section any of the claims aforesaid must be corroborated by satisfactory evidence. Every person violating any prov.ision of this section shall be guilty of a misdemeanor and each day's violation of any provision of this section shall be deemed a separate offense. 95. Photographers. Every photographer and every person copying or enlarging pictures, or engaged in the business of finishing films and developing photographs for others, shall pay a 'license tax of ........................ $55.00, plus 55 cents on each $100.00 of the gross receipts from such business, unless such business is conducted in connection with and at the same location as a licensed retail merchant's business and the gross receipts of such first mentioned business are reported as a measure of such merchants license tax. 96. Photostating Establishments, etc. Every person engaged in the business of blue printing, photostating or reproducing maps, plans, etc., shall pay a license tax of ..................................................... $ 55.00, plus 55 cents on each $100.00 of the gross receipts derived from such business, unless such business is conducted in connection with another licensed business at the same location and the gross receipts of such business are reported as a measure of such other license. 97. Printing, Job. Every person engaged in the business of job printing shall pay a license tax of .............................................. $ 55.00, plus 11 cents on each $100.00 of the gross receipts derived from such business. 98. Private Bankers. Every person who shall make a business of receiving money for deposit and/or lending money on security shall be deemed a private banker and shall pay a license tax of .......................................... $550.00, provided, however, that this section shall not be construed as imposing a license tax on those persons expressly exempt from local license taxation by Federal or State statutes. 99. Professional Services. (a) Every person engaged in any of the following businesses, professions, pursuits or callings shall pay a license tax of ...................................................................... $ 20.00, per annum, plus $1.10 on each $100.00 of the gross receipts, as such term is defined in Section 1 of this Ordinance, in excess of the first $4,000.00 in gross receipts of such business or profession: Accountant (whether registered, certified or not) Architect Artist (all types not otherwise specifically licensed) Attorney at law Bookkeeper (when in business on own account) Business consultant Chemist Chiropodist Chiropractor Conveyancer Court reporter Dentist Doctor of Medicine Draftsman (when in business on own account) Electrologist Engineer (including air conditioning, chemical, civil, consulting, electrical, electronic, industrial, mechanical, radio, refrigerating, or structural) Eyesight specialist Hypnotist Labor relations counsel Insurance Consultant Landscape architect Manipulative surgeon Masseur Naturopathist Neurologist Oculist Optometrist Orthodontist Osteopath Physician Psysiotherapist Psychiatrist Porapathist Practitioner of the art of healing Psychologist Public Relations Counsel Public stenographer Sculptor Surgeon Surveyor Tax Consultant Tax Return Specialist Technician (practicing on own account) Title guarantee and title insurance Tree surgeon Veterinarian Veterinary surgeon X-ray specialist or technician When any of the foregoing businesses or professions is conducted by a corporation, firm or partnership, the officers or members of which derive their entire income from the practice or conduct of such business or profession from or through the gross receipts of such corporation, firm or partnership, the license may be issued to the corporation, firm or partnership, in which case the license tax shall beimposed uPon the gross receipts of such corporation, firm or partnership, and when so paid it shall be deemed to discharge the license tax liability of all officers, members, partners or associates who receive their entire compensation for tM practice or conduct of such business or profession from the gross receipts upon which such tax is based. The names of all officers, members, partners or associates participating in such gross receipts shall be reported on the application for license and shall be listed on the license issued pursuant thereto. In case any such business or profession is conducted by a firm, partnership or association, the members, partners or associates of which are required or elect to be individually licensed, the gross receipts of such firm, partnership or association shall be apportioned among the individuals so licensed in such manner that the entire gross receipts of the firm, partnership or association are reported to the Commissioner as a measure of the aggregate of the individual license tax. (b) Architects; Engineers; etc. Every Architect, Civil Engineer, Consultin Engineer, Contracting Engineer, Electrical Engineer, Mechanical Engineer or Surveyor not having a principal or branch office in the City, and who has not paid a local license tax in this State, who shall furnish plans and specifications, or either, for work to be erected in the City, whether in conjunction with ~hers holding a license under paragraph (a) of this Section or otherwise, shall pay a license tax of ....................................................... $ 30.00, and in addition thereto a tax equal to $1.10 on each $100.00 of the gross fee received or contracted to be received for the preparation of said plans and specifications and for other professional services rendered in connection with the erection of the building or structure involved. Said license tax shall be paid before any permit for such building is issued. (c) Plans and Specifications, Persons Furnishing. Every person not a State certified architect or engineer who, for compensation, prepares and/or furnishes plans and specifications required to be filed with the application for a permit for the erection, alteration, repair or improvement of a building or structure, except he be the owner of said building, shall pay a license tax of ...................................................................... $ 10.00. Paragraph (c) shall not apply to architects and engineers who are duly licensed under paragraph (a) of this Section. 10~ Public Markets. Every person operating a public market in the City for the purpose of accommodating hucksters, wholesale or retail, produce dealers, etc., shall pay a license tax of ........................................ $110.00. 101. Refinancing Debts: Every person (exclusive of Attorneys at law, banks, building and loan companies, industrial savings and loan corporations, /nd persons operating under the small loan law), doing a business of refinancing debts due to one or more persons by way of promoting, arranging for or otherwise negotiating for a loan, or for the lending of money to a debtor or debtors, on the endorsement of his creditors, and for which services a charge or commission (in addition to the lawful interest) is collected from either the borrower or the creditors of said borrower, or both, shall pay a license tax of ..... $275.00, plus 55 cents on each $100.00 of the gross receipts derived from such business. 102. Repair Businesses, Miscellaneous. Every person engaged in the business of overhauling, repairing, rebui-ldingi .renovating and/or servicing any one or more of the following: Adding machines Addressing machines Automobiles, trucks, trailers Bicycles Boilers Business machines Calculating machines Cash registers Cameras Electric motors, armatures, generators, and magnetos, and equipment Electric power equipment :. Electronic equipment Engines Furniture Household appliances Hydraulic machinery Jewelry Linotype machines Locks Machines and Machinery Mattresses and the like Motorcycles Musical instruments Oil burners Pillows and the like Pumps Radios Re£rigeration equipment Sewing machines Stokers Tanks Television sets Tires and tire recapping Tractors Turbines Typewriters Upholstery Vehicles Venetian Blinds, etc. 159 shall be deemed to be engaged in a repair business and shall pay a license tax of .................................................................... $ 55.00, plus 55 cents on each $100.00 of the gross receipts derived from such business; provided, however, that if any such person is or becomes licensed as a retail merchant, or under some other type of repair license, and pays tax upon such other license, which tax is entirely or partly based upon all of the receipts from all of such repair business, then such person shall not be required to obtain a license under this section. 103. Sand, Sod, Gravel, Stone or Dirt. Every person engaged in the business of selling or dealing in sand, sod, gravel, stone, or dirt, not licensed as a merchant in such business, shall pay a license tax of ............ $ 55.00, plus 55 cents on each $100.00 of the gross receipts derived from such business. 104. Schools, etc. (a) Every person engaged in the business of conducting or operating a business or academic school, kindergarten or nursery school, for profit, shall pay an annual license tax of ................ $ 20.00 plus 83 cents on each 91OO.00 of the gross receipts, charges or tuition derived from such business. (b) Any person conducting or operating classes or courses or furnishing instruction to others in organized classes, for profit, the members of which classes are required to pay a tuition or charge shall pay an annual license tax of ................................................................ $ 30.00, plus 83 cents amount on each 9100.00 of the gross receipts derived from such business, occupation or profession. 105. Shoe Repairing. Every person who shall engage in the business of repairing shoes by machines shall pay the following license tax per annum: Where only one person is so engaged at each such place of business ....................................................................... $ lO. OO, plus 55 cents on each 9100.00 of the gross receipts derived from such business; Where more than one person is so engaged at each such place of business ....................................................................... $ 45. oo, plus 55 cents on each $100.00 of the gross receipts derived from such business. 106.. Shoe Shine Parlor. Every operator of a shoe shine parlor or place conducted for the polishing or shining of shoes, where not more than two persons are employed for the purpose of doing the work, shall pay a license tax of ...................................................................... $ 2o. oo, per annum, and for each additional person employed more than two, ..... $ 7.50, per annum, and, in each case, 55 cents on each $100.00 of the gross receipts derived from such business, unless such business is conducted as a part of and in connection with another licensed business at the same location and the gross receipts of such business are reported as a measure of such other license tax. 107. Slot Machines; Slot Machine Operators. A. Slot Machine Operators. Every person selling, leasing, renting or otherwise furnishing a slot machine or slot machines to others, or placing a slot machine or slot machines with others, shall be deemed to be a slot machine operator. Every slot machine operator, as herein defined, shall pay, for the privilege, an annual license tax of .................................... $ 220.00, which tax is not in lieu of, but in addition to, the other licenses imposed by this section. The slot machine operator's license tax imposed by the next preceding paragraph shall not be applicable to operators of weighing machines, automatic baggage or parcel checking machines or receptacles, nor to vending machines which are so constructed as to do nothing but vend merchandise or postage stamps or provide service only, nor to coin operated music machines or musical devices that operate on the coin-in-the-slot principle, nor to operators of-viewing machines or photographic machines, nor to operators of devices or machines affording rides to children. 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: (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 a license tax of ................................ $ $.00, per year; (2) For each such vending machine that is used solely for the sale of soft drinks or cigars there is hereby levied a license tax of ............ $ 3.00, per year; (3) For each such vending machine as is used solely for.the sale of candy there is hereby levied a license tax of ........................... $ §.00, per year; (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 a license tax of .................................. $ fi. O0, per year; (5) For each weighing machine or machines operated by the use of a one cent coin, or one cent coins, only, used solely for the purpose of weighing, or selling shoe strings, chewing gum, peanuts, peanut candy or postage stamps, there is hereby levied a license tax of ................................ $ 2.00, per year; (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 a license tax of ............................................... $ .28. (7) For each combination amusement and vending machine operated by the insertion of one cent coins, there is hereby levied a license tax of ... $ 10.00, per year; (8) For each vending machine operated by the insertion of a nickel or of 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 a license tax of ......................................... $ 5.00, per year; This subsection shall not apply to slot machines or devices used solely for the purpose of selling individual sanitary drinking cups or sanitary drinking cups and natural water, or to machines vending sanitary napkins or to 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 numbers, if possible, of each machine so licensed. 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. The Commissioner shall prepare and fur~ish to the person ~plying 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 ~e 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. C. Selling Merchandise through Vending Machines. Every person engaged in the business of selling his own goods, wares and merchandise through the use of his own coin operated vending machines may, in lieu of applying for licenses under subsection Bo of this section, upon application be classified as a retail merchant, in which case such person shall pay an annual license tax of...$ 55.00, plus $1.10 for each separate premise in which he may place one or more machines and, also, 55 cents on each $100.00 of such gross sales;, provided, however, that if any such person has more than one definite place in this city at which goods, wares or merchandise are stored, kept or assembled for supplying such vending machines, the annual license tax herein imposed shall be ............ ' .... $ 20.00 additional for each such definite place in excess of one. Every such person, before commencing to do such business in this City, shall register with the Commissioner and deposit with the City Clerk a bond to insure the keeping of adequate records, the filing of reports in such form and at such times as may be prescribed by the Commissioner and the proper payment of taxes imposed by this Section. The form and amount of the bond shall be determined by the Commissioner and the surety thereon shall be approved by him. Every vending machine shall be plainly marked by the owner thereof with the name and address of such owner, The use of a cigarette vending machine on premises which are not already covered by a tobacco retailer's license shall require the owner of such cigarette vending machine to take out a tobacco retailer's license for that location. The term "vending machines", as used in this subsection, includes only such machines as vend goods, wares and merchandise and give to the customer, on every purchase, his money's worth in goods, wares or merchandise. The term does not include any machine the operation of which is prohibited by law, nor any machine which has any gambling or amusement feature whatsoever, This subsection shall not apply to any vending machine upon which the license tax is paid under the provisions of subsection B of this section. 108. Solicitors. Every person representing or pretending to represent, directly or indirectly, or using the name of any lodge, club, charitable, philan- thropic, educational, patriotic, political or labor organization or any other association or society soliciting funds from the public for dances, entertainments, advertising schemes or similar purposes through the sale of tickets, tags, contributions, advertising or any other method where such person shares or receives directly or indirectly, any part of such fund for such solicitation and promotion, shall pay a license tax of .............................................. $ 30.00, for each day such is scheduled to be held. 109. Storage. (a) Every person engaged in the storage business, other than the storage of vehicles, furs or wearing apparel, shall pay a license tax of ......................................................................... $ 55. oo, plus 55 cents on each $100.00 of the gross receipts derived from such business. (b) Every person engaged in the business of storing, or soliciting the storing of, furs or other wearing apparel, whether the same be stored in this City or not, shall pay a license tax of ................................. $ 55.00, plus 55 cents on each $100.00 of the gross receipts derived from such business, unless such business is conducted in connection with another licensed business at llO. Tailors. Every person not licensed as a merchant and who is engaged in the business of custom and/or merchant tailoring, including agents thereof maintaining offices in the City where principal business is not in said city, and soliciting orders in said city, shall pay a license tax of ......... $ 55.00, plus 55 cents on each $100.00 of the gross receipts derived from such business. 111. Tatooing. Every person engaged in the business of tatooing in the City shall pay a license tax of .......................................... $200.00. 112. Taxicabs or Other For Hire Passenger Motor Vehicle Operators. Everyoperator of taxicabs or other for hire passenger motor vehicles, any part of whose business originates within the corporate limits of the City, shall pay, in addition to other fees and taxes imposed upon motor vehicles, trailers and semi-trailers, a monthly license tax of $2.20 on each $100.00 of the gross receipts derived from such business originating within and without such limits. The aforesaid tax shall be payable monthly on or before the lOth day of each calendar month, on the gross receipts derived from such business during the preceding month. The Commissioner shall assess for each license issued by him a fee of 75 cents, to be paid by the person to whom the license is issued. If any tax due hereunder is not paid on or before the lOth of the month then the amount due shall be subject to a penalty of 10 per centum of the amount which was due and payable, in addition to the license tax imposed by law, and such penalty shall be assessed and paid along with the license tax and shall become a part of the license tax; but such penalty in no case shall be less than $2.00. In addition thereto, any person in arrears shall be guilty of a misdemeanor. 113. Ticket Sellers. (a) Every person engaged in the business of a dealer in railway, steamship, aviation or other transportation, or theatre tickets and who receives a commission for his services, shall pay a license tax of.. $ 55.00, plus 55 cents on each $100.00 of the gross receipts derived from such business. (b) Travel Agencies. Every person conducting the business of a travel agency and who receives a commission or other compensation for his services shall pay a license tax of ................................................... $ 55.00, plus 55 cents on the gross receipts derived from such business. 114. Title Plant. Every person (other than licensed attorneys) doing the business of operating or conducting in the City a title plant or filing system for the purpose of aiding or assisting in the preparation of abstracts or certificates of title to real estate, and from which any revenue is directly or indirectly received (except premiums which may be charged for title insurance) from others, shall pay a license tax of ................................ $ 55.00, plus 55 cents on each $100.00 of gross receipts derived from such business. 115. Tobacco, Snuff or Cigars, Retailers, Dealers In. Retail dealers in tobacco, snuff or cigars shall pay a specific tax of .................... $ 10.00, 116. Trading Stamps, Coupons, Etc. (a) Every person engaged in the business of furnishing or supplying to another for use in, with, or for the sale of any goods, wares or merchandise, trading stamps, checks, coupons or other like things to be used as evidence of purchases made, which shall entitle the purchaser receiving the same with such goods, wares or merchandise, to procure from the person so supplying or furnishing such trading stamps, checks, coupons or other like things, any gift or premium upon the production of any number of such trading stamps, checks, coupons or other like things, shall pay a license tax of .................................................................. $ 55.00, plus 83 cents on each $100.00 of the gross receipts of such business. (b) Every person, firm or corporation engaged in the business of selling, bartering or furnishing coupons to others to be redeemed for merchandise, dis- counts or prizes shall pay the license tax provided for in paragraph (a) of this section. 117. Undertakers or Embalmers. Every undertaker or embalmer doing business in this city shall pay a license tax of ...................... $ 55.00, plus 55 cents on each $100.00 of the gross receipts derived from such business. 118. Utilities; Water, Gas, Heat, Electric Light and Power, Telegraph and Telephone Companies. (a) Every person engaged in the business of selling water, gas, heat or electricity in the City shall pay a license tax of 50 cents on each $100.00 of the gross receipts derived from such business in said city. (b) Every person engaged in intrastate telephone business shall pay a license tax of ......................................................... $ 650.00. (c) Every person engaged in the business of sending telegrams from the City to a point within the State of Virginia and of receiving tel~egrams in the City from a point in the State of Virginia, excepting, however, telegrams sent to or received by the government of the United States, or this State, or their agents or officers, shall pay a license tax of ........................... $ 550.00. 119. Window Screening and Weather Stripping. Every person engaged in the business of window screening and/or weather stripping, not paying a merchant's or contractor's license, shall pay a license tax of ..................... $ 50.00. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of November, 195.5. No. 12574. AN ORDINANCE amending and re-enacting Section 4. Private Passenger Motor Vehicles, not Motorcycles. of Ordinance No. 12331, heretofore adopted on the WHEREAS, Council deems it necessary for the financial operation of the municipal government that provision be made for imposing the annual license tax hereinafter provided on certain private passenger motor vehicles, the same to become effective on and after April l, 1956, and to continue for each successive year thereafter. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section 4. Private Passenger Motor Vehicles, not Motorcycles, of Ordinance No. 1233 heretofore adopted on February 28, 1955, imposing an annual license tax on certain private passenger motor vehicles, be, and the same is hereby, amended and re- enacted so as to provide as follows: Private Passenger Motor Vehicles, not Motorcycles. On all private passenger motor vehicles not transporting passengers for compensation and not otherwise licensed by the City the annual license tax shall be ..... $ .30 per one hundred pounds of weight, or major fraction thereof; provided that no such tax shall be less than $6.00 nor more than $10.00; and the manufacturer's shipping weight shall be used in determining the weight for the purpose of ascertaining the tax hereby imposed. BE IT FURTHER ORDAINED that this Ordinance shall become and be effective for the period from April 1st, 1956, to March 31st, 1957, both inclusive, and for each successive year thereafter. BE IT FURTHER ORDAINED that all other parts and sections of aforesaid Ordinance No. 12331 which are not herein expressly amended shall continue to be in full force and effect. APPROVED Clerk/' Presi~t IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of November, 1955. No. 12575. AN ORDINANCE amending and re-enacting Ordinance No. 9329, heretofore adopted on the lOth day of December, 1947, relating to the imposition of utility taxes, fixing the amount of said tax, providing for the collection thereof, and prescribing penalties for the violation of this Ordinance. WHEREAS, Council deems it necessary for the financial operation of the municipal government that provision be made for imposing the hereinafter named utility taxes, the same to become effective on and after January 1, 1956. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Ordinance No. 9329, heretofore adopted on the lOth day of December, 1947, relating to the imposition of utility taxes, fixing the amount of said tax, providing for the collection thereof and prescribing penalties for the violation thereof be, and the same is hereby amended and re-enacted so as to provide as follows: Section 1. The following words and phrases when used in this Ordinance shall 166 AMEI ED (a) Person. The word "person" shall include individuals, firms, partnerships, associations, corporations, and combinations of individuals of whatever form and character. (b) Utility Services. The phrase "utility service" shall include local exchange telephone service, electricity service, and gas service furnished in the corporate limits of the City of Roanoke. (c) Purchaser. The word "purchaser" shall include every person who purchases a utility service. (d) Seller. The word "seller" shall include every person whether a public service corporation, or not, who sells or furnishes a utility service. Section 2. There is hereby imposed and levied by the City of Roanoke upon each and every purchaser of a utility service a tax in the amount of seven and one-half per centum (7 1/2%) of the charge made by the seller against the purchaser with respect to each utility service, which tax, in every case, shall be collected by the seller from the purchaser and shall be paid by the purchaser unto the seller for the use of the City of Roanoke at the time that the purchase price or such charge shall become due and payable under the agreement between the purchaser and the seller. Section 3. It shall be the duty of every seller in acting as the tax collecting medium or agency for the City of Roanoke to collect from the purchaser for the use of the city the tax hereby imposed and levied at the time of collecting the purchase price charged therefor and the taxes collected during each calendar month shall be reported by each seller to the Commissioner of the Revenue of the City of Roanoke on or before the fifteenth day of the calendar month thereafter, together with the name and address of any purchaser who has refused to pay his tax. Simultaneously therewith the seller shall file a copy of such report with and remit to the Treasurer of the City of Roanoke the taxes so collected and reported. The required report shall be in the form prescribed by the Commissioner of the Revenue. The tax levied or imposed under this section with respect to the purchase of any utility service shall be applicable to charges first appearing on bills rendered 3anuary 1, 1956, and thereafter. Section 4. Each and every seller shall keep complete records showing all purchases in the city, which records shall show the price charged against each purchaser with respect to purchase, the date thereof, and the date of payment thereof, and the amount of tax imposed hereunder, and such records shall be kept open for inspection by the duly authorized agents of the city at reasonable times, and the duly authorized agents of the city shall have the right, power and authority to make transcripts thereof during such times as they may desire. Section 5. The United States of America, the Commonwealth of Virginia, and the political subdivisions,boards, commissions, and authorities thereof, are hereby exempt from the payment of the tax imposed and levied by this Ordinance with respect to the purchase of utility services used by such governmental agencies Section 6. The tax hereby imposed and levied on the purchasers with respect to local exchange telephone service shall apply to all charges made for local exchange telephone service, except local messages which are paid for by inserting coins in coin-operated telephones. Section 7. The tax hereby imposed and levied shall apply to the purchase of bottled gas to be used within the corporate limits for cooking, heating, gas refrigeration and lighting. Section 8. In all cases where the seller collects the price for utility services periodically, the tax hereby imposed and levied may be computed on the aggregate amount of purchases during such period, provided that the amount of the tax to be collected shall be the nearest whole cent to the amount computed. Section 9. Any purchaser failing, refusing or neglecting to pay the tax hereby imposed or levied, and any seller violating the provisions hereof, and any officer, agent or employee of any seller violating the provisions hereof, shall be guilty of a misdemeanor, and upon conviction therefor, shall be subject to a fine of not less than five dollars nor more than one hundred dollars. Such conviction shall not relieve any such person from the payment of the tax. Each failure, refusal, neglect or violation and each day's continuance thereof shall constitute a separate offense. Section 10. The City Treasurer shall be charged with the power and the duty of collecting the taxes levied and imposed hereunder and shall cause the ;ame to be paid into the general treasury of the City of Roanoke. Section 11. If any part of this Ordinance shall for any reason be adjudged invalid by a court of competent jurisdiction, such invalidity shall not affect the parts which are not so adjudged invalid. Section 12. 1956. This Ordinance shall be in effect on and after January 1, APPROVED Cle/k" IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of November, 1955. PreSident No. 12576. AN ORDINANCE amending and reordaining Section 37. Parking meter zones established; installation of meters; Section 38. How parking meters to be installed; operation; time limit; and Section 39. How parking meters and space to be used; overtime parking; paraplegics and amputees; of Chapter 34 "Traffic" of the Code of the City of Roanoke, relating to the establishment of parking meter zones, the installation, operation and use of parking meters, overtime parking in spaces controlled by parking meters, and providing exceptions for certain ~HEREAS, Council deems it expedient and necessary for the operation of the municipal government that certain provisions of Chapter 34 "Traffic" of the Code of the City of Roanoke, as hereinafter mentioned, be amended and reordained to become effective on and after January 1, 1956. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section 37. Parking meter zones established; installation of meters; Section 38. How parking meters to be installed; operation; time limit; and Section 39. How parking meters and space to be used; overtime parking, paraPlegics and amputees, of Chapter 34 "Traffic" of the Code of the City of Roanoke be, and the same are hereby amended and reordained so as to provide as follows: Sec. 37. Parking meter zones. The City Manager may, from time to time, upon any streets or parts of streets or other public places in the City where, in his judgment and as the result of engineering and traffic surveys, conditions so require, establish parking meter zones wherein, during any period from 8:00 o'clock, a. m.,to 6:00 o'clock, p. m., each day except Sundays and on the following holidays, to-wit: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day or the Monday next following any such day should such holiday fall on Sunday, the parking of vehicles may be controlled by coin-operated parking meters, to be installed and operated in accordance with the provisions of this chapter. Individual parking spaces shal! be designated within said zones by lines or marking~ on the street or by signs or markers erected along said street, or other public place. The privilege of parking vehicles in parking meter zones so established shall, by signs or markers placed on said parking meters, be limited to the period of time established by the City Manager for the particular zone, viz., either 6, 12, 18, 24, 30 or 36 minutes, 1/2 to 1 hour, 1/2 to 2 hours, or 1/2 to 5 hours, in intervals of 1/2 hour, as the case may be. The City Manager shall, upon the establishment of parking meter zones under the provisions of this section, notify the Council, in writing, of the establishment of such zone or zones and, furthermore, shall cause the same to be shown, by location and type, upon an official parking map, one copy of which shall be maintained in the City Clerk's office and another copy of which shall be maintained in the traffic bureau of the Police Department. Thereafter, evey change relating to the control of parking upon public streets and public places of the City by the use of parking meters shall be forthwith reported by the City Manager to the Coun'ci! and shall be entered and shown upon each of the official parking maps referred to hereinabove. Sec. 38. Installation and operation of parking meters; time limits. The City Manager is hereby authorized to insta!l or place, or cause to be installed or placed, alongside each parking meter space established by him pursuant to Section 37 of this chapter, a parking meter so designed as to measure the period of !egal parking established for that particular zone, In 6 to 36 minute parking meter zones, parking meters shall be of a type operated by the of legal parking, respectively; in 1/2 to 1 hour parking zones they shall be of a type operated by the insertion of 1 or 2 nickels, permitting 1/2 hour or 1 hour of legal parking, respectively; in 1/2 to 2 hour parking zones, they shall be operated by the insertion of 1, 2, 3 or 4 nickels, permitting 1/2, 1, 1 1/2 or 2 hours of legal parking, respectively; and in 1/2 to 5 hour parking zones, they shall be of a type operated by the insertion of 1, 2, 3, 4, 5, 6, 7, 8, 9 or 10 nickels, permitting 1, 2, 3, 4, 5, 6, 7, 8, 9 or 10 1/2 hours of legal parking, respectively. Such parking meters shall be placed upon the curb alongside of or next to the individual parking spaces hereinabove mentioned. Each parking meter shall be so made and set as to show or display a signal that the parking space assigned to it is or is not in use. The City Manager shall provide for the installation, regulation, control, operation and use of the parking meters provided for in this chapter and shall maintain said meters in good, workable condition. Each said parking meter shall be so set as to display a signal showing legal parking upon the deposit therein of a coin of the United States of America of proper denomination to operate said meter; and each meter shall continue in operation from the time of depositing such coin until the expiration of the time fixed by this section and by Section 37 of this chapter as the parking limit for the part of the street or public place upon which said meter is placed. Each said meter shall be so arranged that upon the expiration of said period of legal parking, it will indicate by mechanical operation and proper signal that the lawful parking period has expired. Sec. 39. How parking meters and space to be used; overtime parking; paraplegics and amputees. (a) When any vehicle is parked in any space controlled by and alongside of or next to which is located, under Sections 37 and 38 of this chapter, a parking meter, the owner, operator, manager or driver of said vehicle shall, upon entering the said parking space, immediately deposit in said parking meter a coin of the United States of America of a denomination proper and sufficient to operate said meter for the legal period of parking established for such space in the parkin meter alongside of or next to said parking space and the said parking space may then be used by such vehicle during the parking limit established as provided by Sections 37 and 38 of this chapter. If said vehicle shall remain parked in such parking space beyond the said parking limit, the parking meter shall display a sign indicating illegal parking, and in that event such vehicle shall be considered parked overtime, and the parking of a vehicle overtime in any such part of a street or other place where any such meter is located shall be a violation o£ this section and punishable as provided by Section 52 of this chapter. It shall be unlawful for any person to cause, allow, permit or suffer any such vehicle registered in his name or operated by him to be parked overtime or beyond the lawful period of time as above-described. 170 (b) Paraplegics and Amputees. The City Manager is hereby authorized to issue cards on an annual basis, over his signature to paraplegics and individuals who have had one or both legs amputated. Despite general provisions herein contained to the contrary, the placing of such a card on the visor of an automobile owned or operated bY such individual shall entitle such automobile, when operated by such individual, to park at any metered parking space where parking is, at the time,permitted, and remain for a period of time not to exceed eight consecutive hours, without the deposit of any coin and, also, to park in any loading zone after 6:00, p. m., provided that in each case such parked automobile be awaiting the holder of such card and that in neither case shall this section be construed to authorize such automobile to be parked, or to remain parked, at any space or other place where, at the time, parking of all kinds is prohibited. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of November, 1955. No. 12580. AN ORDINANCE to amend and reordain "Non-Operating Expense" of an Ordinance adopted by the Council of the City of Roanoke, Virginia, on the 10th day of January, 1955, No. 12301, entitled, "An Ordinance making appropriations from the Water General Fund and the Water Replacement Reserve Fund for the City of Roanoke for the fiscal year beginning January 1, 1955, and ending December 31, 1955; fixing the rate of pay of employees of the Water Department; and declaring the existence of an emergency", and providing for an emergency. WHEREAS, for the immediate preservation of the public health, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that "Non-Operating Expense" of an Ordinance adopted by the Council of the City of Roanoke, Virginia, on the 10th day of January, 1955, No. 12301, entitled, "An Ordinance making appropriations from the Water General Fund and the Water Replacement Reserve Fund for the City of Roanoke for the fiscal year beginning January 1, 1955, and ending December 31, 1955; fixing the rate of pay of employees of the Water Department; and declaring the existence of an emergency", be, and the same is hereby amended and reordained to read as follows, in part: NON-OPERATING EXPENSE Capital Outlay from Revenue ............................ $ 180,225.00 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 28th day of November, 1955. No. 12581. AN ORDINANCE authorizing and directing the use of certain public property on the north side of Church Avenue, S. W., west of 2nd Street, for the parking of City owned vehicles and for public parking; providing regulations relating to the use of said property; providing penalties for the violation of this Ordinance; and providing for an emergency. WHEREAS, the City Manager has recommended to the Council that he be allowed to designate certain areas of City-owned property situate on the north side of Church Avenue, S. W., west of 2nd Street, from which lots certain buildings were recently moved, as parking spaces for the parking of vehicles owned or used by officers and employees of the City in the performance of their municipal duties, and to designate other spaces on said vacant property which may be used by the general public for the parking of privately owned vehicles; and WHEREAS, for the immediate preservation of the public safety an emergency is hereby set forth and declared to exist in order that this Ordinance may take effect upon its passaqe. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: Sec. 1: The City Manager is hereby authorized to assign parking spaces on certain City-owned vacant lots situate on the north side of Church Avenue, S. W., west of 2nd Street, for the parking of vehicles owned or used by officers of the City, between the hours of 8:00 A. M. and 6:00 P. M. on all days except Saturdays, Sundays and legal holidays, such assignment to be within the sole discretion of the City Manager to those officers and employees who may use such parking spaces to the best interest of the City in the performance of their municip~ duties. Sec. 2: The City Manager is further authorized to set aside and assign such other portions of said vacant properties for use by the general public for t~parking of privately owned vehicles for periods not exceeding thirty minutes and, within said general parking area, the City Manager is authorized to install parking meters to operate between the hours of 8:00 A. M. and 6:00 P. M. on all days except Sundays and legal holidays, and/or to erect applicable and adequate signs, markers or other devises within said areas sufficient to inform ordinarily observant persons of the regulations relating to said areas. Within such area as is designated by the City Manager for general parking all of the regulations and provisions relating to the parking of motor vehicles on the streets and highways of the City, as contained in Chapter 34 of the Code of the City of Roanoke, as amended, and all of the regulations and provisions relating to the removal from the streets and highways of the City and of the impounding of illegally parked motor vehicles, as contained in Ordinance No. 12215, adopted on the 7th day of September, 1954, as amended, in so far as said Ordinances may be made applicable, shall apply with equal force to the parking of vehicles upon said vacant lots and any person parking a vehicle, or allowing or causing a vehicle to remain parked within the area established for general parking pursuant to this Ordinance contrary to the provisions of Chapter 34 of the Code of the City of Roanoke or to the provisions of Ordinance No. 12215, aforesaid, shall be guilty of a misdemeanor and shall be subject to the appropriate penalties provided for such act in either of such other Ordinances. Sec. 3: Within the area established by the City Manager hereunder and assigned for the parking of vehicles owned or used by officers and employees of the City all of the rules and regulations and all of the penalties provided for in Ordinance No. 11080, adopted on the 28th day of May 1951, relating to parking spaces in the block occupied by the Municipal Building, shall, likewise, apply with full force and effect, and any person parking a vehicle, or causing or permitting a vehicle to remain parked, within said area contrary to the regulations provided in Ordinance No. 11080, aforesaid, shall be guilty of a misdemeanor and subject to the penalty, or penalties, provided for in Ordinance No. 11080. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in full force and effect from its passage. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of December, 1955. No. 12582. AN ORDINANCE vacating, discontinuing and closing Willow Lane and also a portion of Panorama Avenue, which streets have never been open to the public and which streets, on the map, run from the west side of West Side Boulevard (formerly Oak Grove Road) to the east side of Fairview Road, in the subdivision known as Panorama Heights. WHEREAS, Roanoke Valley Realty Corporation has heretofore filed a petition before the Roanoke City Council in accordance with law, requesting Council to permanently vacate, discontinue and close Willow Lane and a portion of Panorama Avenue, all within the City of Roanoke, Virginia, as said-streets are shown on the recorded plat of Panorama Heights of record in the Clerk's Office of the Circuit Court of Roanoke County in Plat Book 1, page 277 and as to the filing of said petition due notice was given to the public as required by Section 15-766 of the Code of Virginia, as amended, and WHEREAS, in accordance with the prayers of said petition viewers were appointed by Council on the lOth day of October, 1955, to view the property and report in writing whether or not in their opinion any, and if any, what inconvenien would result from permanently vacating, discontinuing and closing said streets, and WHEREAS, it appears from the report in writing filed with the City Clerk, together with the affidavit of said viewers, and from a written recommendation of the City Planning Commission to the City Council that no inconvenience would result either to any individual or to the public from permanently vacating, discontinuing and closing the streets above referred to, to which report no exceptions have been filed, and WHEREAS, after due notice published in The Roanoke World-News on the 28th day of October, 1955, directed to any person interested in the permanent vacating, discontinuing and closing of said streets, a public hearing was held before the City Council of the City of Roanoke at 2:00 o'clock, p. m., on November 14, 1955, at which hearing evidence was heard both for and against the petition but no evidence being offered of sufficient weight to show that any inconvenience would result either to anyone or the public in general by the permanent vacating, discontinuing and closing of the streets and portions thereof hereinafter mentioned, and WHEREAS, in the opinion of the City Council of the City of Roanoke, the permanent vacating, discontinuing and closing of the streets as set forth hereinafter would result in no inconvenience to any individual or to the public, and WHEREAS, the petitioners have agreed to bear and defray the costs and expenses incident to the closing of the said streets. THEREFORE, BE IT ORDAINED by the Council of t~ City of Roanoke that the following streets or portions of streets within the subdivision known as Panorama Heights and shown on the recorded map thereof, to-wit: All that portion of Willow Lane, which street has never been open to the public and which street, on the map, runs from the west side of West Side Boulevard (formerly Oak Grove Road) to the east side of Fairview Road, and that portion of Panorama Avenue beginning at a point at the intersection of the north side of Panorama Avenue with the east side of West Side Boulevard; thence with the north side of Panorama Avenue S 780-05' E 318' to a point; thence with a new line crossing across Panorama Avenue S 49°-15' W 50.3' to a point on the south side of Panorama Avenue (40' wide); thence with the south side of Panorama Avenue N 780-05, W 261.6' to a point at the intersection with the east side of West Side Boulevard; thence with West Side Boulevard recrossing Panorama Avenue N 21o-00, W 47.6' to the Beginning, be, and they hereby are permanently vacated, discontinued and closed and that all right, title and interest of the City of Roanoke and of the public therein is hereby released insofar as the Council is so empowered to do, except, however, there is reserved unto the City of Roanoke an easement for any sewer lines or water mains that may now be located across said property, together with ~the right e 174 BE IT FURTHER ORDAINED that the City Engineer be, and he is hereby directed to mark "Permanently Vacated, Discontinued and Closed" the streets and portion of streets above referred to on all maps and plats on file in the office of the City Engineer on which said maps and plats said streets are shown, referring to the Book and page of Resolutions and Ordinances of the Council wherein this Ordinance shall be spread. BE IT FURTHER ORDAINED that the Clerk of this Council do forthwith certify to the Clerk of the Hustings Court for the City of Roanoke, Virginia, and to the Clerk of the Circuit Court of Roanoke County, Virginia, a copy of this Ordinance for recordation in the deed books of the respective clerk's offices and in order that said clerks may make proper notation on all maps or plats of record ~ their respective offices upon which are shown the streets or portions of streets herein permanently vacated, discontinued and closed, as provided by law. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of December, 1955. No. 12584. AN ORDINANCE to amend and reordain Section =154, "Refunds and Rebates", of the 1955 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =154, "Refunds and Rebates", of the 1955 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: REFUNDS AND REBATES ~154 Taxes ................... ................................ $ 3,801.07 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of December, 1955. No. 12585. AN ORDINANCE to amend and reordain Section =154, "Refunds and Rebates", 175 WHEREAS, for the usual daily operation of the Municipal Government, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~154, "Refunds and Rebates", of the 1955 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: REFUNDS AND REBATES ~154 Public Assistance ....................................... $ 4,763.16 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of December, 1955. No. 12586. AN ORDINANCE to amend and reordain Section ~142, "Transfer to Improvement Fund", of the 1955 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =142, "Transfer to Improvement Fund", of the 1955 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: TRANSFER TO IMPROVEMENT FUND =142 Airport Improvements...' .................................. $ 38,718.21 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of :December, 1955. No. 12587. AN ORDINANCE authorizing and directing the City's acquisition of a drainage easement across certain lands to serve a portion of the Round Hill area, upon certain terms and conditions; and providing for an emergency. WHEREAS, the City has recently undertaken the construction of a storm drain to serve a portion of the Round Hill area and to extend, in part, along Court Street, N. W., to the present southerly end of Court Street, the waters therefrom being intended to be discharged into an open drainage ditch and to follow a natural drainage course across certain undeveloped lands and empty into Lick Run; and WHEREAS, the owners of said undeveloped lands, i.e., Mr. William Watts, Mrs. Jean W. Staples and Mrs. Ellen C. Watts, have offered to convey to the City a perpetual easemen.t across their respective land.s for the purpose aforesaid upon the terms and conditions hereinafter provided, the said easement to extend, in general, along an existing 10-foot wide sewer easement; and WHEREAS, for the immediate preservation of the public health and safety, an emergency is hereby 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 the proper City officials be, and they are hereby, authorized and directed to acquire, for and on behalf of the City, from William Watts and Jean W. Staples, owners of a certain tract of land designated as Lot No. 2250101, and from Ellen C. Watts, owner of a certain tract of land designated as Lot No. 2130701, both with reference to the Tax Appraisal Map of the City, a perpetual easement for a 15-foot wide right of way for the drainage of waters discharged from the 30-inch storm drain to be constructed in Court Street, N. W., said right of way to extend, in general, along the line of an existing 10-foot wide public sewer right of way from the present southerly end of Court Street, N. W., to Lick Run, the exact location of said drainage easement to be as approved by the City Engineer .and the deed or deeds of easement granting .the same to be upon such form as is, prepared and approved by the City Attorney or Assistant City Attorney, said deeds to contain, inter alia, the following provisions and covenants on behalf of the City: a. That the City will covenant and agree to so construct said storm drain and so maintain the drainage ditch over said undeveloped lands as to confine the waters discharged from said storm drain within the bounds of the 15-foot drainage right of way heretofore mentioned and to not unreasonably overflow on to or damage the remainder of the lands of said owners before said water is discharged into Lick Run; and b. That the City will covenant and agree that, in the future if and at such time or times as any part or portion of said undeveloped lands through which the aforesaid drainage easement runs is or are subdivided into lots for building purposes and a subdivision map or maps thereof is or are admitted to record, or if, later, any portion of the land within the aforesaid drainage right .of way be dedicated or conveyed to the City as a public street, the City vill, at such later time or times as may be demanded by said owners and at its, the City's, sole expense, construct or cause to be constructed a pipe storm drain 177 in the place of said open ditch on that part or parts of said owners' land then being subdivided and developed or then being dedicated or conveyed as a public street; and c. That the conveyance of the aforesaid easement or easements shall be upon a nominal consideration of $1.00 cash and that the covenants therein made on the part of the City shall inure to the benefit of the present owners of said undeveloped lands, their heirs and assigns; 2. That the Mayor of the City and its City Clerk be, and they are hereby, authorized and directed to execute,seal and attest, for and on behalf of the City, a deed or deeds of easement, prepared and approved as aforesaid, for the purpose of binding the City to said owners for the performance of the covenants therein provided to be kept and performed by said City. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in full force and effect from its passage. APPROVED Pr e s i~d~e n~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of December, 1955. No. 12588. AN ORDINANCE to amend and reordain Section =60, "Police Department", of the 1955 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the immediate preservation of the public safety, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =60, "Police Department", of the 1955 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: POLICE DEPARTMENT ~60 Wages ..................................................... $ 2,600.00 Storage of Vehicles ....................................... 400.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED !EST: P r e s~h~ 178 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5.th day of December, 1955. No. 12589. AN ORDINANCE to amend and reordain Section =154, "Refunds and Rebates", of the 1955 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the immediate preservation of the public safety, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =154, "Refunds and Rebates", of the 1955 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: REFUNDS AND REBATES =154 Petty Cash ............................................... $ 550.00 BE IT FURTHER ORDAINED that the Police Department Emergency Fund presently established at $500.00 be, and the same is hereby increased to $1,000.00. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ' Clerk APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of December, 1955. No. 12583. AN ORDINANCE authorizing and directing the execution of a written agreement with N. J. Dalton granting certain concession rights at Mill Mountain Park. WHEREAS, N. J. Dalton has extended to the City a proposal to continue the operation of a pony ride or pony track at the Children's Zoo in Mill Mountain Park during the 1956 park season; and WHEREAS, the City Manager and the Director of Parks and Recreation has each recommended the acceptance of said proposal upon the terms and provisions hereinafter provided; 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 said City, to enter into a written agreement with N. J. Dalton whereby the said Dalton would be granted the right and privilege to operate and conduct a pony ride or pony track concession at the Children's Zoo in Mill Mountain Park for the period commencing May 30, 1956, and terminating at the end of the closing day of the City's 1956 park season at the said Children's Zoo, the said Dalton to pay to the City for said rights and privileges the sum of $100.00, cash, on or before May 1, 1956, plus 10% of the gross receipts and income derived in any way from the operation of the concessions herein granted, said contract to contain such other provisions relating to settlements with the City, the operation and conduct of said concession, the indemnification of the City against any claims arising out of the operation of said concession and other usual provisions as heretofore contained in the written agreement between said parties executed under date of June 8, 1955, except that no bond shall be required of the said N. J. Dalton as heretofore provided in said former agreement, said contract to be upon such form as is prepared and approved by the City Attorney or the Assistant City Attorney. APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of December, 1955. No. 12590. AN ORDINANCE authorizing and directing the proper City Officials to execute a deed of release and quitclaim unto the respective owners of the lots concerned in a certain easement extending through Lots 1, 2, 3, 4, and 5, as shown by the Map of A. R. Thompson Subdivision of Lot 19 and parts of Lot 18 and 20, Block 3, Liberty Land Company, Incorporated. WHEREAS, by instrument dated October 12, 1927, and duly recorded among the public records in the Clerk's Office of the Circuit Court of the County of Roanoke, Virginia, in Deed Book 171, Page 546, J. M. Brown and Viola J. Brown, and J. C. Bradley and Pearl M. Bradley, conveyed an easement to J. N. Phelps for the installation and maintenance of a water line along the line between Lots 18 and 19, Section 3, as shown by Map of Liberty Land Company, Incorporated, with the perpetual right of ingress and egress for the replacing or repairing of same; and WHEREAS, the property has been resubdivided as shown by the Map of A. R. Thompson, dated November 27, 1954, and duly recorded among the public records in the Clerk's Office of the Hustings Court of the City of Roanoke, Virginia, in Deed Book 943, Page 242, in which resubdivision the aforesaid easement for a water line runs through Lots 1, 2, 3, 4 and 5 of the said map, approximately twenty-five (25) feet from the street line; and WHEREAS, by mesne conveyances the City of Roanoke has acquired the aforesaid easement for a water line; and WHEREAS, a new water line now runs under Collingwood Street in front of said lots, and as reported by the Manager of the City of Roanoke and the Manager of the Water Department of the City of Roanoke, the original easement 180 running between Lots 18 and 19, Section 3, as shown by the Map of Liberty Land Company, Incorporated, has been abandoned and is of no further use to the City of Roanoke. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the proper City Officials be, and they are hereby, authorized and directed, for and on behalf of the City of Roanoke, to execute a proper deed approved by the City Attorney and/or the Assistant City Attorney, whereby the said City will release, relinquish, and forever quitclaim unto the respective owners of the said five (5) lots, ail right, title, and interest which the City may have or may claim to have by virtue of the easement conveyed to J. N. Phelps by deed dated October 12, 1927, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 171, Page 546, and subsequently acquired by the City of Roanoke, and the City Clerk be, and he is hereby, authorized and directed, for and on behalf of the City of Roanoke, to attest said deed and affix the official seal of the City of Roanoke thereto. APPROVED Pre~nt IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of December, 1955. No. 12592. A RESOLUTION authorizing the purchase 'of a gas heater for the Roanoke Public Library at an estimated cost of $125.25 from the. unexpended balance in the Improvement Fund, Library Account; authorizing the purchase of books with the remainder of the Improvement Fund after the purchase of the heater; and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government,. an emergency is declared to exist. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized to purchase a gas heater for the Roanoke Public Library at an estimated cost of $125.25, said amount to be charged to the Improvement Fund, Library Account. BE IT FURTHER RESOLVED that the City Manager be, and he is hereby authorize, to purchase books with the remainder of the Improvement Fund after the purchase ~ the heater. ~E IT FURTHER RESOLVED that, an emergency existing, this Resolution shall be in force from its passage. APPROVED Pr e s id~rt~'- 181.. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of December, 1955. No. 12593. AN ORDINANCE to amend and reordain Section ~40, "Health Department", of the 1955 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the immediate preservation of the public health, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~40, "Health Department", of the 1955 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: HEALTH DEPARTMENT =40 Supplies ............................................... $ 6,600.00 Dental Clinics ......................................... 8,150.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Pres~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of December, 1955. No. 12594. A RESOLUTION amending the contract of September 28, 1954, between the City of Roanoke and the County of Roanoke dealing with the treatment of domestic and commercial wastes; and providing for an emergency. WHEREAS, the Board of Supervisors of Roanoke County, Virginia, by a proper resolution, adopted on the 17th day of October, 1955, requested the City of Roanoke to amend the contract of September 28, 1954, between the City of Roanoke and the County of Roanoke, dealing with the treatment of domestic and commercial wastes, to the extent only that said contract is hereinafter amended; which request is agreeable to this Council; and WHEREAS, for the public health and safety, an emergency is set forth and declared to exist. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the contract of September 28, 1954, between the City of Roanoke and the County of Roanoke dealing with the treatment of domestic and commercial wastes be, and the same is hereby, amended in the following respects only, viz.: (a) That the following described area of land be added to, and included in, said contract to the full extent as if said area were therein set out in extensio: 18.2 (Windsor Hills 1 & 2, Windsor Court 1 & 2, Windsor Park, West Windsor Hills, Lee-Hi Park, Western Hills, Brymoor Park, and other properties embraced within the aforesaid boundary). BEGINNING at a point in Grandin Road Extension at the west corporate limits of the City of Roanoke; thence leaving said Beginning Point, and in a west- erly direction along Grandin Road Extension (State Secondary Route 686) to the east boundary line, Map of Western Hills as recorded in Plat Book 2, Page 170; thence with same the following courses and distances: S. 5° 53' E. 879 ltl:, more or less, to corner ~2; thence N. 87° 44' W. 670 ft., more or less, to corner ~3; thence N. 79° 21' W. 495 ft., more or less, to corner ~4; thence S. 47° 43' W. 630 ft., more or less, to corner ~5; thence N. 52° 53' W. 180 ft., more or less, to corner ~6; thence N. 60° 51' W. 350 ft., more or less, to corner ~7; thence N. 50° 09' W. 200 ft., more or less, to corner ~8; thence leaving corner ~8 in the Map of Western Hills, and with a new line in a northwesterly direction through the properties of Dr. Byron W. Steele, et als., to the intersec- tion of State Secondary Routes 686 and 683; thence with State Secondary Route 689 (Mud Lick Road) in a northeasterly direction Two miles, more or less, to U. S. Route 1t; thence with U. S. Route 11 in a southeasterly direction to Mud Lick Creek; thence with Mud Lick Creek as it meanders in a southerly direction to the place of BEGINNING, and including all the properties embraced in the Maps of Windsor Hills 1 & 2, Windsor Court 1 & 2, Windsor Park, West Windsor Hills, Lee-Hi Park, Western Hills, Brymoor Park, and other properties embraced within the aforesaid boundary. (b) That domestic and commercial wastes, originating within the abm e- 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 City's interceptor sewer, may also be delivered to, and treated by, the City in acCordance With'said contract; (c) That acceptable wastes originating within the aforesaid areas shall be delivered, by the County, to the City's sanitary sewer system at such point as is approved by the City's Director of Public Works or the City Engineer and the requisite measuring meter installed, at said point of delivery, by the County; (d) That in all other .respects said contract shall remain in full force and effect. 2. That the City Clerk be, and he is hereby, directed to mail an attested copy of this resolution to Roy K. Brown, Clerk of the Board of Supervisors,. Roanoke County, Virginia. 3. That,~an emergency existing, this resolution shall be in fulI force from its passage. APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of December, 1955. No. 12596. AN ORDINANCE providing for the acquisition of a small parcel of land at the southeast corner of the intersection of Franklin Road and 2nd Street, S. W.; appropriating the sum of $1,750.00 for the purchase thereof; repealing Ordinance No. 12536 relating to the acquisition of said parcel of land; and providing for an emergency. WHEREAS, by Ordinance No. 12536, heretofore adopted by the Council on the 24th day of October, 1955, the City's acquisition of the land hereinafter- described was authorized upon certain terms and conditions, upon which said terms the City has been unable to agree with the owners of said property, whereupon, and as a result of subsequent negotiations with certain of said owners and of cer- tain later appraisals of said property made for the City by competent real estate advisers, the Council has concluded it proper to offer the amount herein after provided for'the purchase of said land; and WHEREAS, because of numerous undivided interests involved in the ownership of said land, the Council is willing to acquire separately from said owners their respective undivided interests in said land, provided that ~ least 51% of said undivided interests can be acquired by p~rchase at prices for said interests directly in proportion to the total purchase price hereinafter provided; and WHEREAS, certain of said owners who, in the aggregate, own more than 50% of the undivided interests in said property have indicated their willingness to sell and convey said land to the City on the basis of the purchase price hereinafter provided but Council is advised that, because of certain disabilities, the owner of at least one outstanding undivided interest may not be able to reach an agreement with the City or to convey his respective interest although such agreement might otherwise be reached; and WHEREAS, for the usual daily operation of the Department of Public Works and for the immediate preservation of the~public safety, an emergency is hereby declared to exist in order that this Ordinance may take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the of Roanoke as follows: 1. That the proper City Officials be, and they are hereby, authorized and directed to acquire, for and on behalf of the City, from the true and lawful owners thereof the following described plot or parcel of land situate in the City of Roanoke, Virginia, to-wit: BEGINNING at the point of intersection of the present south line of Franklin Road, S. W., with the present east line of 2nd Street, S. W.; thence, with the present south line of Franklin Road, N. 86° 54' 15" E. 27.04 feet to a point of curve; thence, with a curved line to the left, an arc distance of 41.23 feet (radius of said curve being 25.0 feet with a chord bearing and distance of S. 39° 39' 35" W. 36.7 feet) to a point of tangency on the present east line of 2nd Street; thence, with same, N. 7° 35' 05" W. 27.04 feet to the place of BEGINNING; and containing 160.63 square feet, more or less; 184 such form as is first approved by the City Attorney and which shall convey said land, or undivided interests therein as hereinafter provided, to the City in fee simple; 2. That if any of the present owners of said land be unwilling or unable for any reason to convey his respective undivide.d interest in said land to the City upon the terms hereinbefore provided but other owners of said land who, together, own more than 51% of the outstanding undivided interests in sa~ land are willing to sell and convey their respective interests to the City upon the terms hereinbefore provided then, and in such case, the City officials shall be, and they are hereby, authorized and directed to accept the deeds of such of Did owners who are willing to sell and convey said land to the City, paying to each owner such part of the $1,750.00 purchase price as is in proportion to said owner's undivided interest in said land; 3. That if any of the several present owners of said land be unwilling or unable to sell and convey his respective undivided interest in said land to the City upon the terms and conditions hereinabove provided then, and in such event the City Attorney or Assistant City Attorney shall be, and he is hereby, authorized and directed to institute and conduct appropriate legal proceedings in the name of said City and against such unwilling or incapable owner to acquire, by exercise of the City's power of eminent domain, all right, title and interest of such owner in the land hereinabove-described. BE IT FURTHER ORDAINED that there be, and there is hereby appropriated from the General Fund the sum of $1,750.00 to the Street Construction-Rights of Way Account, to be used for the payment of the purchase price hereinabove provided. BE IT FINALLY ORDAINED that, an emergency existing, this Ordinance shall take effect upon its passage. !EST APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of December, 1955. No. 12597. A RESOLUTION amending Resolution No. 12547, heretofore adopted on the 31st day of October, 1955, making recommendation to the Compensation Board for fixing the salaries, expenses and other requirements in the office of the City Treasurer for the calendar year 1956, by adding one certain item of equipment; and providing for an emergency. WHEREAS, by Resolution No. 12547, heretofore adopted by the Council on the 31st day of October, 1955, this Council adopted and approved the salary schedule, expenses and all other requirements for the conduct and operation of the 18:5 office of the City Treasurer of the City of Roanoke for the calendar year 1956, sub~ ject to the qualifications set out in said Resolution and subject, further, to the approval of the Compensation Board; and WHEREAS, upon later consideration this Council has decided to add to the list of requirements enumerated in the Resolution aforesaid one certain item consisting of 1 Class 9100 Tax Accounting Addressograph Machine with supplies, plates and cabinets at an estimated cost of $17,257.05, which said machine, when acquired in the office of the City Treasurer shall be made available for the use, also, of the Commissioner of the Revenue of the City of Roanoke; and WHEREAS, for the usual daily operation of the Municipal Government, an emergency is hereby declared to exist in order that this resolution may take effect upon its passage. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the salary schedule, expenses and all other requirements, as hereinabove qualified and as hereinafter set out, for the conduct and operation of the office 'of the City Treasurer of the City of Roanoke, for the calendar year 1956, be, and the same are hereby, adopted and approved, subject to the approval of the Compensation Board, and that the same shall continue in force unless and until subsequently changed by agreement or otherwise revised by lawful authority, viz.: Salary Salary Salary Salary Salary Salary Salary Salary Salary Salary Salary Salary Salary Salary Salary City Treasurer ..................................... $ 9 180.00 1st Deputy ......................................... 2nd Assistant ...................................... 3rd Assistant ...................................... 4th Assistant ...................................... Tax Collector ...................................... Clerk .............................................. Clerk .............................................. Clerk Clerk .............................................. Clerk .............................................. Clerk .............................................. Clerk Stenographer ....................................... Extra Help ......................................... 4 860.00 3 740. O0 3 560. O0 3 560. O0 3 9OO. OO 2 919.00 2 919.00 2 919.00 2 760. O0 2 760. O0 2 580. O0 2 580. O0 2 640.00 1 200.00 Stationery & Office Supplies ............................... Postage .................................................... Telephone & Telegraph ...................................... Advertising ................................................ Maintenance of Equipment ................................... Rental on Bookkeeping Machines 3 National Bookkeeping Machines ) 9 additional Form Bars ) Auto Expense, Outside Collector @ 7¢ mile .................. 1 Class 9100 Tax Accounting Addressograph Machine with supplies, plates and cabinets ............ 7 500.00 3 500.00 400.00 400.00 1,000.00 300.00 16,065.00 300.00 17,257.05, and that Resolution No. 12547, heretofore adopted on the 31st day of October, 1955, be, and it is hereby, amended accordingly. BE IT FURTHER RESOLVED that the Clerk of this body be, and he is hereby, directed to promptly forward an attested copy of this Resolution to the Compensation Board of the State of Virginia and to the City Treasurer of the City of Roanoke, Virginia. BE IT FURTHER RESOLVED that, an emergency existing, this Resolution shall be in full force and effect from its passage. APPROVED 186 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of December, 1955. No. 12598. A RESOLUTION amending Resolution No. 12549, heretofore adopted on October 31, 1955, making recommendation to the State Compensation Board for the fixing of salaries, expenses and other requirements in the Office of the Commissioner of the Revenue for the calendar year 1956, by deleting one item therein; and providing for an emergency. WHEREAS, by Resolution No. 12549, heretofore adopted on the 31st day of October, 1955, this Council adopted and approved, subject to the qualifications expressed in said resolution and subject to the approval of the State Compensation Board, a certain salary schedule and certain expenses and other requirements for the conduct and operation of the Office of the Commissioner of the Revenue of the City of Roanokefor the calendar year 1956; and WHEREAS, upon later consideration of the Council it has been decided to delete from the schedule contained in the aforesaid resolution one certain item described as "1 Class 9100 Tax Accounting Addressograph Machine with Supplies, Plates and Cabinets .... $17,257.05", provision for which said item will be made by the Council in its 1956 Budget for certain other offices of the City and which said item, when acquired by the City, will be available for use by the said Commissioner of the Revenue; and WHEREAS, for the usual daily operation of the Municipal Government, an emergency is hereby declared to exist in order that this resolution may take effect upon its passage; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the salary schedule, expenses and all other requirements, as herein-above qualified and as hereinafter set out, for the conduct and operation of the Office of the Commissioner of the Revenue of the City of Roanoke, for the calendar year 1956, be, and the same are hereby, adopted and approved, subject to the approval of the State Compensation Board, and that the same shall continue in force unless and until subsequently~anged by agreement or otherwise revised by lawful authority, viz.: Salary, Commissioner of the Revenue .......................... $ 9,180.00 Salary, Chief Deputy ......................................... 5,180.00 Salary, Deputy and License Inspector ......................... Salary, Deputy ............................................... Salary, Deputy ............................................... Salary, Deputy ............................................... Salary, Deputy ............................................... Salary, Deputy ............................................... Salary, Deputy ............................................... Salary, Deputy ............................................... Salary, Deputy ............................................... Salary, Deputy ............. ..... ' ............................. Salary, Deputy ............................................... Salary, Deputy ............................................... Salary, Deputy ............................................... Salary, Deputy ............................................... Salary, Deputy ............................................... Salary, Extra Employees ....................................... Bond Premium ................................................. Postage ...................................................... Telephone & Telegraph ........................................ 4,520.00 3,780.00 3 740.00 3 480.00 3 390.00 2 940.00 2 919.00 2 820.00 2 820.00 2.760.00 2 400.00 2.400.00 2 400.00 2 400.00 2 400.00 3 500.00 5.00 2,000.00 375.00 300.00. 187 and that Resolution No. 12549, heretofore adopted by the Council on the 31st day of October, 1955, be amended to that effect. BE IT FURTHER RESOLVED that the Clerk of this body be, and he is hereby, directed to promptly forward an attested copy of this Resolution to the Compensation Board of the State of Virginia, and to the Commissioner of the ~venue of the City of Roanoke, Virginia. BE IT FURTHER RESOLVED that, an emergency existing, this Resolution shall be in full force and effect from its passage. APPROVED Pre s ~-6ent IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of December, 1955. No. 12591. AN ORDINANCE providing for the acceptance of a deed of conveyance to certain property extending from the south side of Shenandoah Avenue, N. W., to be used for street purposes. WHEREAS, Mrs. Florence M. Jones, Mr. Robert Murray Johnson and Mrs. Patricia R. Johnson have tendered to the City a certain deed of conveyance, prepared under date of November 1, 1955, whereby said parties, as the owners thereof, would grant and convey unto the City the strip or parcel of land hereinafter described subject to the condition, however, that said land shall be used as a public street and, in the event and at such time as said land shall cease to be used as a public street, the fee simple therein shall revert to the said Florence M. Jones and Robert Murray Johnson as of their original estate therein and said parties shall then have the immediate right of re-entry and repossession, such conveyance to be for a nominal consideration of $5.00, cash; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the aforesaid offer of Mrs. Florence M. Jones, Mr. Robert Murray Johnson and Mrs. Patricia R. Johnson to convey to the City for a nominal consideration of $5.00, cash, the following described strip or parcel of land, to-wit: BEGINNING at a point on the southerly side of Shenandoah Avenue, N. W., at a steel pin marked 1 on "Plat showing survey made for R. L. Rush & Son - Realtors, showing 8.564 acre tract, etc." which said Plat is attached to and made a part of the hereinafter mentioned deed; thence along Shenandoah Avenue S. 85° 7' W. 30 feet to a point; thence leaving Shenandoah Avenue S. 8° 36 1/2' E. 344.64 feet to a point; thence N. 85° 41' E. 70 feet, more or less to the point of intersection of the southerly side of Baker Avenue, N. W. (formerly Trout Road), and the easterly line of said 8.564 acre tract; thence along easterly line N. 15° 25' W. 30 feet, more or less, to the northerly line of Baker Avenue; thence S. 85° 41' W. 38 feet to corner 5B as shown on said map; thence along the easterly line of said 8.564 acre tract which is the dividing line between the property of the parties of the first part and S. W. Hairston N. 8° 36 1/2' W. 314.64 feet to Shenandoah Avenue at the place of BEGTNNTNG~ 188 to be used for a public street, but in the event and at such time as said land shal'l cease to be used as a public street, the fee simple therein to revert to the said Florence M. Jones and Robert Murray Johnson, be, and it is hereby, accepte~ BE IT FURTHER ORDAINED that the proper City officials be, and they are hereby, authorized and directed to accept from the aforesaid grantors their deed of conveyance to the City dated the 1st day of November, 1955, conveying said land to the City upon the terms and conditions hereinabove provided and, upon such acceptance, to cause the same to be recorded in the Clerk's Office of the Hustings Court of this City. APPROVED ~ Pres~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of December, 1955. No. 12595. AN ORDINANCE authorizing the release and quitclaim of a small parcel of land comprising the residue of Lot 27, Block 43, according to the Map of West End and Riverview Land and Manufacturing Company, upon certain terms and conditions. WHEREAS, the City heretofore, in the year 1932, acquired all of Lot 27, Block 43, according to the Map of West End and Riverview Land and Manufacturing Company, the greater portion of which said lot was thereafter incorporated into what is presently 24th Street, S. W., but leaving, as a residue of said original lot, a small, unusable portion containing approximately 690 square feet of land abutting the present west line of 24th Street S. W., and WHEREAS, subsequent to the purchase of said Lot 27, West Avenue, S. W., extending West of 24th Street, S. ~. (Boulevard) has been closed by City Council for the City of Roanoke, Virginia, under Ordinance No. 11802, and the City, as owner of Lot 27, Block 43, according to the Map of West End and Riverview Land and Manufacturing Company became owner of half of the abandoned street in front of said lot, and ~HEREAS, Club View Corporation is the owner of Lot 28, Block 43, accord~ g to the Map of West End and Riverview Land and Manufacturing Company and the Northeast corner of said lot, containing approximately 1359 square feet, extends into 24th Street, S. ~. (Boulevard),. and WHEREAS, Club ¥iew Corporation owns all of the property in Block 43 acco.~dil to the aforesaid Map and has changed West Avenue, S. W. to a new location just South of the one closed, and has offered to quitclaim and release to the City all of its right, title and interest in that portion of Lot 28, Block 43, of the aforesaid map which would be east of the west line of 24th Street, S. ~., if extended as a straight line through said lot, together with all right, title and THEREFORE, be it ordained by the Council of the City of Roanoke, that upon execution and delivery to the City of a good and sufficient Deed on form approved by the City Attorney, to that portion of Lot 28, Block 43, according to the Map of West End and Riverview Land and Manufacturing Company which would be east of the west line of 24th Street, S. W., if extended as a straight line through said lot, together with all right, title and ownership in the alley north of Block 43 adjacent to that portion of Lot 28 above described, the proper City Officials shall be and they are hereby authorized and directed for and on behalf of the City of Roanoke to execute and deliver to Club View Corporation the City's Deed of Release and Quitclaim, on form approved by the City Attorney, to that Southwest portion of Lot 27, Block 43, according to the aforesaid map as is not within the present right-of-way of 24th Street, S. W. , together with all the City's right, title and interest in that portion of West Avenue formerly abutting said Lot 27, west of the present west line of 24th Street, S. W. APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of December, 1955. No. 12600. AN ORDINANCE to amend and reordain Section ~120, "Schools", of the 1955 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the public schools of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~120, "Schools", of the 1955 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: SCHOOLS ~120 Operation of School Plant ............................. $ 332,130.00 Fixed Charges ......................................... 114,100.00 Transportation ........................................ 46,985.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Clerk Presi~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of December, 1955. No. 12603. AN ORDINANCE to amend and reordain Section 1 of Chapter 17 of the Code of the City of Roanoke, as heretofore amended, establishing the rate of and levying an annual tax upon all real estate and improvements thereon, upon all items of household tangible personal property enumerated in Section 58-829 (9), (10), (11) and (12) of the 1950 Code of Virginia, upon all machinery and tools, including machinery and tools used in manufacturing and mining businesses, upon the tangible personal property of public service corporations except roiling stock of corporations operating railroads by steam, and upon all other tangible personal property in the City, not exempt from taxation by law; and providing for an emergency. WHEREAS, a twenty-two cent increase in the $2.50 tax rate provided for in Section 2, subsection (1), of the City Charter upon the classes of property hereinafter provided is necessary to provide for the payment of the principal and interest on outstanding non-revenue bonds of the City, issued as approved bY the votes of the freeholders of the City; and WHEREAS, for the usual daily operation of the Municipal Government, an emergency is hereby declared to exist in order that this Ordinance may take effect upon its passage; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section 1 of Chapter 17 of the Code of the City of Roanoke, relating to the rate of annual tax on realty and personalty, as said section has heretofore been amended, be, and said section is hereby, further amended and reordained to provide as follows: Sec. 1. Rate of tax on personalty and realty. Pursuant to Section 2, subsection (1), and Section 47 of the Charter of the City of Roanoke, and pursuant to the provisions of the general law, there shall be levied for the 1956 tax year, and annually thereafter until otherwise provided, upon all real estate and improvements thereon, upon all items of household tangible personal property enumerated in Section 58-829 (9), (10), (11) and (12) of the 1950 Code of Virginia, upon all machinery and tools, including machinery and tools used in manufacturing and mining businesses, upon personal property of public service corporations except rolling stock of corporations operating railroads by steam, and upon all other tangible personal property in the City, not exempt from taxation by law, a tax of $2.72 on every one hundred dollars of assessed value thereof, to provide revenue for the support of the City government, the payment of principal and interest upon the City debt, the support of a public library, the payment of pensions to Confederate soldiers, sailors and marines and their widows, for school purposes and for other municipal expenses and purposes. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in full force and effect upon its passage. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of December, 1955. No. 12604. AN ORDINANCE to amend and reordain Section ~5, "Commissioner of Revenue", of the 1955 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =5, "Commissioner of Revenue", of the 1955 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: COMMISSIONER OF REVENUE ~5 Stationery and Office Supplies .......................... $ 3,940.00 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 President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of December, 1955. No. 12599. AN ORDINANCE authorizing and directing the relocation of a portion of Norfolk Avenue, S. E., extending from First Street, S. E., to the Second Street leg of the Jefferson Street viaduct; vacating, discontinuing and closing a portion of Norfolk Avenue between First Street, S. E., and Third Street, S. E., effective upon the completion of the relocation of a portion of Norfolk Avenue, S. E., between First Street, S. E., and the Second Street leg of the Jefferson Street viaduct; and directing the City Manager and the City Engineer to proceed with certain steps to effectuate the construction of the aforesaid relocation pro- ject. WHEREAS, this Council has heretofore approved, in general a plan providing for the vacating and closing of certain portions of Norfolk Avenue, between First Street, S. E., and Third Street, S. E.; and 191 WHEREAS, this Council has heretofore, by Ordinance No. 12561, approved in general a plan providing for the relocation of a portion of Norfolk Avenue between First Street, S. E., and the Second Street leg of the Jefferson Street viaduct; and WHEREAS, the aforesaid proposal that certain portions of Norfolk Avenue, S. E., be relocated and certain other portions thereof be closed and vacated has been considered by the City Planning Commission and said Commission has recommended to the Council, in writing, that said proposal be adopted by the Council and effected; and WHEREAS, a public hearing has this day been held in connection with the aforesaid proposal to relocate certain portions of Norfolk Avenue, S. E., and to close and vacate certain other portions thereof and no person has appeared at said public hearing in opposition to the aforesaid proposal; and WHEREAS, there are no property owners in the vicinity whose rights or privileges will be abridged by the aforesaid proposal; and WHEREAS, no inconvenience to the public will result from the aforesaid proposal. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the said Council doth hereby authorize the relocation of a portion of Norfolk Avenue extending from First Street, S. E., to the Second Street leg of Jefferson Street viaduct generally in accordance with Plan No. 4100 heretofore prepared by the City Engineer, under date of March 9, 1955, revised December 15, 1955, and on file in said City Engineer's office. BE IT FURTHER ORDAINED that the City Manager and the City Engineer be and they are hereby directed to proceed with all reasonable dispatch to carry out the directives to them contained in Ordinance No. 12561. BE IT FURTHER ORDAINED that the Council of the City of Roanoke doth hereby permanently vacate, discontinue and close that certa~ portion of Norfolk Avenue, S. E., bounded and described as follows: BEGINNING at the point of intersection of the north line of the proposed relocation of East Norfolk Avenue with the present north line of East Norfolk Avenue and in the south line of right of way of the Roanoke Terminal Division of the Norfolk and Western Railway Company, said point being about 19 feet distant southwardly from and at right angles to the center line of eastbound main track of said Railway at or about Station 13356 plus 92 and at Mile Post N-257 plus 1801 feet, more or less, as measured from Norfolk, Va.; thence with said north line of the proposed relocation of East Norfolk Avenue, crossing present East Norfolk Avenue, N 88° 50' 21" W about 93 feet to a point in the south line of present East Norfolk Avenue; thence with the south line of present East Norfolk Avenue N 63° 23' 26" W about 19 feet to its intersection with the east line of Second Street, S. E.; thence with the east line of Second Street, S. E., S 1° 09' 39" W, crossing the proposed center line of main track - west leg of wye - Winston-Salem Line of said Railway at or about Station 8 plus 84, a total distance of 9.11 feet to a point in the north line of the proposed relocation of East Norfolk Avenue; thence with said north line of the proposed relocation of East Norfolk Avenue N. 88° 50' 21" W about 6 feet to a point 9.5 feet distant southwestwardly from and radial to the proposed center line of main track - west leg of wye - Winston-Salem Line of said Railway; thence by a line parallel with and 9.5 feet distant south- westwardly from the proposed center line of said main track as follows: curving to the left with a radius of 496.88 feet northwestwardly about 326 feet to a point radial to said proposed center line at P. T. Station 12 plus 15.98; thence N 83° 05' 53" W 95 feet to a point at right angles to said proposed center line at point of frog at Station 13 plus 10.98; thence by a straight line northwestwardly about 60 feet to a point in the east line of First Street, S. E. produced northwardly, said point being 9.5 feet distant S 1° 10' 02" W from the center line of eastbound main track of said Railway at or about Station 13362 plus 88 and at Mile Post N-257 plus 2397 feet, more orless; thence with said east line of First Street, S. E. produced, N.1o 10' 02" E about 2.3 feet to a point in the north line of present East Norfolk Avenue, the south line of right of way of said Railway Company; thence with said line of Avenue and right of way as follows: S 88° 48' 53" E about 105 feet to a point; thence S 76© 13' 42" E about 271 feet to a point; thence S 63° 23' 26" E about 210 feet to the point of beginning and containing about 9,700 square feet or 0.223 of an acre, more or less, as shown in yellow on Plan N-25005, prepared in the office of theChief Engineer of the Norfolk and Western Railway Company under date of November 14, 1955, which said Plan is exhibited with this Ordinance and on file in the office of the City Clerk; said vacation and closing to take effect upon the completion of the aforesaid relocation project. BE IT FURTHER ORDAINED that upon the completion of the aforesaid relocation project the City Engineer be and he is hereby directed to mark "permanently vacated and closed" that certain portion of Norfolk Avenue, S. E., hereinabove provided to be permanently vacated, discontinued and closed on all maps and plats on file in the Office of the City Engineer of the City of Roanoke, on which maps and plats said portions of Norfolk Avenue, S. E., are shown, referring to the book and page of Resolutions and Ordinances of the Council of the City of Roanoke wherein this Ordinance shall be spread. BE IT FURTHER ORDAINED that the Clerk of this Council deliver to the Clerk of the Hustings Court of the City of Roanoke, Virginia, an ~attested copy of this Ordinance together with a copy of aforesaid Plan N-25005, in order that said Clerk may record the same and make proper notation on all maps or plats, if any, recorded in his office upon which are shown the said portions of Norfolk Avenue, S. E. APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of December, 1955. No. 12602. WHEREAS, the con.gre6atio~ of the Grandin Co. ur.t Baptist Church, owner of the land on the southeast side of Spring Road, S. ~., between Brambleton Avenue and ~oodlawn Avenue, has offered to grant and convey to the City a 5-foot strip of land extending along the east side of Spring Road between the avenues abovementioned and, in addition, sufficient land at the intersection of Spring Road and Brambleton Avenue to provide for rounding the corner~ of said intersection with a 25-foot .radius from the property line, provided the City will, without cost to said church or its congregation, thereafter construct a new curb and gutter along the entire of the southeast side of Spring Road between the aforesaid avenues and around the, rounded intersection abovementioned and will extend the street pavement over the wide~ed street area; and WHEREAS, the ,Council deems it advisable and to the best interest of the City' that the aforesaid offer be accepted and that the said additional land be acquired and the street improv.eme'nt be constructed; THEREFORE, BE. IT ORDAINED by the Council of the City of Roanoke that the proper City officials be, and they are hereby, authorized and directed to accept from the Trustees of the Grandi.n Court Baptist Church a deed conveying to the City a 5-foot wide strip of land along the southeast side of Spring Road, S. N., between Brambleton Avenue and ~oodlawn Avenue and, also, sufficient land at the intersection of Spring Road and Brambleton Avenue to provide for rounding said intersection with a 25-foot radius, as measured from the new property line, the detailed description of said land to be as approved by the City Engineer and the deed to be upon such form as is prepared and approved by the City Attorney, the City to agree, in consideration of the aforesaid agreement, to construct and install a new curb and gutter along the entire of the southeast side of Spring Road between Brambl. eton and Noodlawn Avenues and around the rounded intersection of Spring Road and Brambleton Avenue and to extend the existing pavement over the street area: thus widened. BE I,T FURTHER ORDAINED that, upon the: delivery to the City of the deed of conveyance abovementioned, the City Manager shall be, and he is hereby, authorized and directed to proceed to effectuate the. street improvement hereinabove provided, .the City's cost of the same to be paid out of funds appropriated to the Street Construction - Rights of Way Account. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2?th day of December, 1955. No. 12606. A RESOLUTION amending and re-enacting Resolution No. 12530 authorizing BE IT RESOLVED by the Council of the City of Roanoke that the Steering Committee for the celebration of Roanoke's 75th, or Diamond, Anniversary in the year 1957, be, and it is hereby, authorized to form a non-profit corporation, with the promotion and management of the Jubilee as its aim; naming in the application for such a certificate of incorporation as Directors to manage the affairs thereof for the first year of its existence the members of the aforesaid Steering Committee and, in addition thereto, Messrs. Robert H. Smith, C. Francis Cocke, B. F. Moomaw and J. Robert Thomas and twenty (20) additional persons, without restriction as to residence or otherwise, as said Steering Committee may select. APPROVED Pre s i~t~{t IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of December, 1955. ,No. 12607. AN ORDINANCE to amend and reordain Section =31, "Juvenile Detention Home", of the 1955 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the immediate preservation of the public safety, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~31, "Juvenile Detention Home", of the 1955 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: JUVENILE DETENTION HOME =31 ., Recreational Supplies (2) ............................. $ 1,070.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of December, 1955. No. 12608. AN ORDINANCE to amend and reordain Section ~143, "Departmental Equipment and Improvements", of the 1955 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the immediate preservation of the public safety, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~143, "Departmental Equipment and Improvements", of the 1955 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: DEPARTMENTAL EQUIPMENT AND IMPROVEMENTS #143 (1) .......... $ 199,382.29 .(1) Juvenile Detention Home 1 Television Set (2) $139.30 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKEi VIRGINIA, The 27th day of December, 1955. No. 12609. AN ORDINANCE to amend and reordain section ~142, "Transfer to Improvement Fund", of the 1955 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the immediate preservation of the public safety, an emergency is declared to exist. THEREFORE, BE IT' ORDAINED by the Council of the City of Roanoke that Section ~142, '~.ransfer to Improvement Fund", of the 1955 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: TRANSFER TO IMPROVEMENT FUND =142 Bridge Construction ................................... $ 100,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2?th day of December, 1955. No. 12610. AN ORDINANCE to amend and reordain Section ~21, "Circuit Court", of the 1955 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the immediate preservation of the public safety, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~21, "Circuit Court" of the 1955 Appropriation Ordinance be and the same is hereby amended and reordained to read as follows, in part: CIRCUIT COURT ~21 Jury Fees ............ $ 700 O0 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Clerk / Pre s i dt~rr~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of December, 1955. No. 12611. AN ORDINANCE to amend and reordain Section =30, "Jail" of the 1955 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the immediate preservation of the public safety, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =30, "Jail", of the 1955 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: JAIL ~30 Food Supplies (3) ...................................... $ 24,500.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Pre s IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of December, 1955. No. 12612. AN ORDINANCE to amend and reordain Section gl4, "Employees' Retirement System", of the 1955 Appropriation Ordinance, and. providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =14, "Employees' Retirement System", of the 1955 Appropriation Ordinance, 198 EMPLOYEES' RETIREMENT SYSTEM =14 Employer's Contribution .............................. $ 230,600.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. Clerk APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of December, 1955. No. 12613. AN ORDINANCE to amend and reordain Section ~142, "Transfer to Improvement Fund", of the 1955 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the immediate preservation of the public safety, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~142, "Transfer to Improvement Fund", of the 1955 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: TRANSFER TO IMPROVEMENT FUND =142 Airport Improvements .................................. $ 39,162.46 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Presi~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of December, 1955. No. 12614. AN ORDINANCE to amend and reordain Section ~8, "Treasurer", of the 1955 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government, an emergency is declared to exist. THEREFORE,, BE IT ORDAINED by the Council of the City of Roanoke that Section =8, "Treasurer", of the 1955 Appropriation Ordinance, be, and the s.ame is hereby amended and reordained to read as follows, in part: TREASURER ~8 Stationery and Office Supplies ......................... $ 7,350.00 BE IT FURTHER ORDAINED that, an emergency existing,' this Ordinance 199 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of December, 1955. No. 12615. AN ORDINANCE to amend and reordain Section ~132, "Electoral Board", of the 1955 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the immediate preservation of the public safety, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~132, "Electoral Board", of the 1955 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: ELECTORAL BOARD ~132 Compensation, Judges and Clerks ........................ $ 3,211.77 Salary, Extra Employees ................................ 940.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Pres ~nt IN THE COUNCIL OF THE CITY OF ROANOKE The 27th day of December, 1955. , VIRGINIA, No. 12616. A RESOLUTION construing certain rules and regulations contained in the Carvins Cove Recreation Ordinance. WHEREAS, a question has arisen as to whether or not subsections 5 or 7 of Section II, GENERAL RESTRICTIONS, of the Rules and Regulations governing the use of the Carvins Cove Recreation Area prohibit a concessionaire of the City residing on the premises operated under said concession at the Carvins Cove Recreation Area during the period of said operator's concession agreement with the City, and the Council has been requested to evidence its intent in the adoption of the aforesaid Rules and Regulations; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that it was not the intent of said Council in its adoption of the Carvins Cove Recreation Ordinance to prohibit by subsections 5 or 7 of Section II thereof, a concessionair of the City at said location to go and remain on the premises operated under said concession agreement nor to be in possession of fire arms at said location during any part of the time said premises are held and operated under such con- cession agreement, provided, however, that the adoption of this Resolution shall ~n no wise be deemed to grant to said concessionaire any special rights to occupy or otherwise use public property nor to preclude the Council at any later date from amending, modifying or otherwise changing the aforesaid Carvins Cove IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2?th day of December, 1955. No. 12618. AN 0RDIN&NCE amending, and reardaining Section 2 of Ordinance No. 12575 relating to the imposition ~of~..utility taxes, fixing the amount of said tax, providing for the collection thereof, and prescribing certain penalties for violation of the Ordinance, by excepting from said tax certain electricity and gas used ~as the principal source of space heating in private homes or private residential units; ,an~ providing for an emergency. WHEREAS., for the usual daily operation of the .severa~l depart.ments of the Municipal Government, an emergency is hereby deemed to exist in order that this Ordinance may ~ke ef£e. qt .~on its passag~e. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section 2 of Ordinance No. 12575, heretofore adopted on the 28th day of November, 1955, relating to the imposition of utility taxes, fixing the amount of said tax, providing for the collection thereof, and prescribing certain penalties for violation of the Ordinance, be, and the same is hereby, amended and reordained to read and provide as follows: Section 2. There is hereby impo. sed and levied by the City of Roanoke upon each and every purchaser of a utility service a tax in the amount of seven and one-half per centum (7 1/2%) of the charge made by the seller against the purchaser with respect to each utility service, which tax, in every case, shall be collected by the seller from t~ ~rchaser and shall be paid by the purchaser unto the seller for the use of the City of Roanoke 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 period from January 1, 1956, through May 31, 1956, and thereafter during the periods from October 1st of each year through May 31st, next following, the tax hereinabove imposed shall not be deemed tO apply to that part of the charge in excess of $15.00 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, during such annual periods, shall the tax hereinabove imposed be deemed to apply to that part of the charge in excess of $10.00 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 electric or gas 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 that, an emergency existing, this Ordinance shall be in full force and effect from its passage. APPROVED U ~ Clerk President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of January, 1956. No. 12601. AN ORDINANCE authorizing and directing the acquisition of approximately 5,850.94 square feet of land at the southwest corner of the intersection of Salem Turnpike and 24th Street, No W., to be used for street purposes, upon certain terms and conditions. WHEREAS, Council deems it necessary that the City acquire the parcel of land hereinafter described for the purpose of widening and improving Salem Turnpike immediately west of its intersection with 24th Street, N. W., and Mrs. Susie G. Horton, the present owner of said land, has offered in writing to sell and convey the same to the City upon the terms hereinafter provided; and WHEREAS, this Council, after careful study of the matter, has concluded that the terms of said offer are reasonable under the circumstances and should be accepted by the City. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the aforesaid offer of Mrs. Susie G. Horton, made in writing under date of November 1, 1955, and containing the terms and provisions hereinafter recited, be, and the same is hereby accepted and that the proper City Officials be, and they are hereby, authorized to accept, for and on behalf of the City, from Mrs. Susie G. Horton, or the lawful owner thereof, a proper deed of bargain and sale conveying to the City, without warranties on the part of the present owner, the following described tract or parcel of land situate in the City of Roanoke to be used for street purposes: BEGINNING at a point on the southwest corner of Salem Turnpike and 24th Street,~ N. W..; thence on the west side of 24th Street, S. 6° 58' W. 35.66 feet to a point; thence S. 6° 58' W. 50.91 feet to a point on same; thence with an arc distance of 75.12 feet, whose chord bearing is N. 40~ 51' 30" W. and distance is 66.70 feet to a point; thence N. 88° 41' W. 101.20 feet to a point; thence N. 6° 58' E. 34.62 feet to the south side of Salem Turnpike; thence N. 89° 58' E. 55.06 feet to a point on the south side of Salem Turnpike; thence N. 89° 58' E. 96.07 feet to the place of BEGINNING; AND being the same property shown on a plat made in the Office of the City Engineer of the property to be acquired by the City of Roanoke from Susie G. Horton, dated May 18, 1955, and revised October 28, 1955, being Plan No. 3943; and containing 5,850.94 square feet, more or less; 202 at a purchase price of $2,000.00, cash, said deed to be upon such form, otherwise, as is approved by the City Attorney. : BE IT FURTHER ORDAINED that the City Manager be, and he is hereby, directed immediately upon the City's acquisition of the aforesaid property, to take the necessary action to widen Salem Turnpike by the inclusion of the aforesaid land within the right of way of said street and, further, to install a curb and gutter along the new street line, including the rounded' corner at the southwest intersection of Salem Turnpike and 24th Street, N. W., the cost of which said curb and gutter shall be borne equally between the City and the said Mrs. Susie G. Horton, provided, however, that the share of the said Mrs. Susie G. Horton shall not exceed the sum of $165.00 and provided, further, that the City shall retain from the purchase price above-mentioned an amount sufficient to pay said owner's share of said costs. APPROVED ~-iden; IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of January, 1956. No. 12605. AN ORDINANCE to amend and re-enact Article I, Section 1, of Chapter 51 of the Code of the City of Roanoke, Virginia in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have property situated south of Melrose Avenue and east of and adjacent to the present west corporate line designated on the Tax Appraisal Map of the City of Roanoke as a portion of Lots No. 2761701 and 2762211, and all of Lot No. 2750101, rezoned from General Residence District to Business District, and WHEREAS, the City Planning Commission has recommended that the above property be rezoned from General Residence District to Business District as requested, and WHEREAS, notice required by Article XI, Section 43, of Chapter 51 of the Code of the City of Roanoke, Virginia, relating to Zoning, has been published in "The Roanoke World-News", a newspaper-published in the City of Roanoke, for the time required by said section, and WHEREAS, the hearing as provided for in said notice published in the said newspaper was given on the 27th day of December, 1955 at 2:00 o'clock p. m., before the Council of the Cityof Roanoke in the Council Room in the Municipal Building, at which hearing no objections were presented by property owners and other interested parties in the affected area, and WHEREAS, this Council, after considering the application for rezoning, is of the opinion that the above property should be rezoned as requested. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Article I, Section 1, of'Chapter 51 of the Code of the City of Roanoke, Virginia relating to Zoning, be amended and re-enacted in the following particular and no other, viz: Property located south of Melrose Avenue and east of and adjacent to the present west corporate line of the City of Roanoke as shown on the Tax Appraisal Map, to-wit: (a) The southerly portion of Lot NO. 2761701, containing approximately 9.8 acres, bounded on the west by Peters Creek and the west corporate limit of the City; on the north by a zoning line through said Lot No. 2761701 drawn 500 feet southerly from and parallel to the present south line of Melrose Avenue and on the south by the northerly line of Lot No. 2762211, hereinafter described; and (b) A strip or parcel of land 40 feet wide and approximately 500 feet in length, designated on said map as the westerly portion of Lot No. 2762211; bounded on the west by Peters Creek and the west corporate limit of the City; on the north by the 9.8 acre tract above-described; on the east by the west line of Polk Street extended northerly; and on the south by the 6.56 acre tract here- inafter described as Lot No. 2750101; and (c) A tract or parcel of land containing approximately 6.56 acres, designated on the aforesaid Tax Appraisal Map as Lot No. 2750101 and bounded on the west by Peters Creek and the west corporate limit of the City; on the north by Lot No. 2762211, above-described; on the east by the west line of Polk Street, N. W.; and on the south by the north line of a 25-foot wide unnamed street or alley running from Polk Street to Peters Creek. be, and is hereby, changed from General Residence District to Business District, and the Zoning Map of the City of Roanoke shall be changed in this respect. APPROVED Clerk President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of January, 1956. No. 12617. AN ORDINANCE authorizing the acquisition of a small parcel of land at the southwest corner of the intersection of Windsor Avenue, S. ~., and Warrington Road to be used for street purposes. WHEREAS, Mr. P. L. Akers, owner of the land hereinafter described, has offered to convey the same to the City at a nominal consideration of $1.00, the land, when acquired, to be used for the purpose of rounding the southwest corner of the present intersection of Windsor Avenue, S. N., and ~arrington Road, which said undertaking is, in the opinion of Council, to the best interest of the general public; 204 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the proper City officials be, and they are hereby, directed to acquire from Mr. P. L. Akers, or the actual owner thereof, for and on behalf of the City, that certain parcel of land situate in the City of Roanoke at the southwest corner of Windsor Avenue, S. W., and Warrington Road, bounded and described as follows, to-wit: BEGINNING at the present southwest corner of Windsor Avenue, S. W., (formerly Avon Lane) and Warrington Road, S. W.; thence, with the present west line of Warrington Road, S 3° 18' W. 7.05 feet to a point; thence, with a new line through and across Lot 15, Block 2, of the C. ~S. McRae Map, the same being a curved line to the left an arc.distance of 16.93 feet (radius of said curve being 20.0 feet with a chord bearing and distance of N. 74° 10' W. 1~.48 feet) to a point of tan- gency on the present south line of Windsor Avenue; thence, with same, N. 81° 30' E. 16.44 feet to the place of BEGINNING; and containing 40.0 square feet, more or less; BEING the northeast corner of Lot 15, Block 2, of the C. S. McRae Map, dated June 30, 1924, of record in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 1, page 345; upon such deed of conveyance to the City, in fee simple, as is prepared and approved by the City Attorney and upon a nominal consideration of $1.00, cash. BE IT FURTHER ORDAINED that, upon the City's acquisition of the land hereinabove described, the City Manager shall be, .and he is hereby, authorized and directed to incorporate said land into the public street system so as to round the southwest corner of the intersection of the streets abovementioned. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of January, 1956. No. 12623. A RESOLUTION authorizing the continuance of pay to Captain Eugene W. Meador; and providing for an emergency. WHEREAS, Captain Eugene W. Meador of the City's Fire Department was injured on the 2nd day of September, 1955, in the performance of his duties on the occasion of the fire at the Virginia Scrap Iron g Metal Co., and has since been unable to perform his duties, and is not expected to be able to perform such duties for quite some time from this date, because of said injury; and WHEREAS, under the ordinances and rules and regulations of the City, in this instance Captain Meador would ordinarily receive his usual pay during his convalescence for a period not to exceed sixty (60) days from the date of his injury; and WHEREAS, in the judgment of this Council this period of sixty days should be extended in this case; and WHEREAS, for the usual daily operation of the Fire Department of the City, an emergency is set forth and declared to.exist. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the pay of Captain Eugene W. Meador be, and the same is ordered, continued during the period of his convalescence; not to exceed an additional period of sixty days without a further directive of this Council. BE IT FURTHER RESOLVED that, an emergency existing, this resolution shall be in effect as of January 1, 1956. APPROVED --x 'Clerk Pr e s 1-6~n t IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of January, 1956. No. 12624. A RESOLUTION authorizing the payment of certain costs incurred in the opening of a portion of the Second Street leg of the Jefferson Street Viaduct. WHEREAS, by incurring slight additional costs for extra labor and materials it was possible to open and make available for use by the general public on Thanksgiving Day, 1955, a portion of the Second Street leg of the Jefferson Street Viaduct, said additional expense amounting to the total sum of $591.30; and WHEREAS, the Norfolk and Western Railway Company, one of the City's co-sponsors of the Jefferson Street Viaduct Project, has offered to bear, or to refund to the City, one-half of the aforesaid additional expense provided that the City will pay the remaining one-half of said expense and this Council deems it proper so to do, funds being available for the purpose in the City's Improvement Fund, Bridge Account, heretofore appropriated. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be, and he is hereby, authorized to approve, and the City Auditor be, and he is hereby, authorized to pay from funds heretofore appropriated to the Improvement Fund, Bridge Account, the bill of Rea Construction Company in the amount of $591.30, for the additional expense to Rea Construction Company incurred for additional labor and materials incident to the opening to the public on Thanksgiving Day of a portion of the Second Street leg of the Jefferson Street Viaduct, one-half of which said amount shall thereafter be billed to and refunded by the Norfolk and Western Railway Company as aforesaid. APPROVED ~ ' Clerk ' 206 IN THE COUNCIL OF THE CITY OF. ROANOKE, .VIRGINIA, The 3rd day of January, 1956. No. 12625. AN ORDINANCE providing for. the, payment of necessary expenditures for the operation of the Municipal Government until,the 1956 Annual Appropriation Ordinance ,is adopted and becomes effective; and providing,for an emergency. WHEREAS, this Council has been and is presently engaged in the study and ~preparation of its 1956 Annual Appropriation Ordinance and proposes, pursuant ;to Section 34 of the Charter, to adopt the same as soon as practicable; and · WHEREAS, pending the adoption of such Ordinance, in order that the usual idaily operations of the City Government may go forward, an emergency is set forth .and declared to exist; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: .- 1. That the City Manager be, and he is hereby, authorized to approve necessary expenditures, including salaries, wages and relief grants, for the operation of the Municipal Government until the 1956 Annual Appropriation Ordinance is adopted and becomes effective; the salaries, wages and relief grants hereby authorized to be so approved shall be on the same basis as contained in the 1955 Budget of the City of Roanoke; 2. That the City Auditor and the City Treasurer be, and they are hereby, iauthorized to draw warrants in payment of the said necessary expenditures as .approved by the City Manager or of such as constitute validly matured obligations of the City. ~3. That, an emergency existing, this Ordinance shall be retroactive to, and shall be in full force and effect from, January 1, 1956, and shall continue until such time as the City's 1956 Annual Appropriation Ordinance shall have been adopted.by the Council and shal! hake become effective, at which latter time this Ordinance shall stand repealed. APPROVED Pr~-sident IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of January, 1956. No. 12626. A RESOLUTION authorizing the City Manager to have installed certain permanent public improvements at the National Guard Armory; and providing for an emergency. WHEREAS, the City Manager has reported to the Council the necessity for the installation of certain shelving and related work at the City's National Guard 207 Armory, the same to be in the nature of permanent public improvements at said Armory and, further, that in accordance with applicable Charter provisions and ordinances of the City he has heretofore advertised for and received certain bids for furnishing and installing the same, the lowest bid therefor being for the sum of $4,981.00; and WHEREAS, there has heretofore'been appropriated to the Improvement Fund, Armory Account funds sufficient to pay for the cost of the aforesaid public improvements; and WHEREAS, for the usual daily operation of the Department of Public Works, a department of the City, an emergency is hereby declared to exist in order that this resolution may take effect upon its passage. 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 have furnished and installed at the City's National Guard Armory certain shelving in accordance with the drawings and specifications heretofore prepared by the City for the same and to enter into a proper contract therefor and for certain work necessarily related thereto, the cost of the same not to exceed the sum of $5,000.00 and, upon completion, to be paid out of funds heretofore appropriated to the Improvement Fund, Armory Account. BE IT FURTHER RESOLVED that, an emergency existing, this resolution shall take effect upon its passage. APPROVED Pre~nt IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of January, 1956. No. 12629. A RESOLUTION accepting the proposal of Hammond's Printing & Litho. Works, Roanoke, Virginia, for printing 150 copies of the current voting list for the City of Roanoke at a price of $11.29 per page for an estimated 550 pages; authorizing and directing the Purchasing Agent to purchase 150 copies of the voting list at a cost of approximately $6,209.50; and providing for an emergency. WHEREAS, two bids for printing 150 copies of the current voting list for the City of Roanoke were received and opened in the Purchasing Agent's Office on January 3, 1956, and WHEREAS, the City Manager has presented the tabulation of the bids to this Council for its consideration on the 9th day of January, 1956, and WHEREAS, it appears from said tabulation that the bid of Hammond's Print~g & Litho. Works, Roanoke, Virginia, for printing 150 copies o.f the current voting list for the City of Roanoke at a price of $11.29 per page for an estimated 550 205 WHEREAS, this.Council is of the opinion that the proposal of Hammond's Printing g Litho. Works should be accepted, and WHEREAS, for the usual daily operation of the Municipal Government, an emergency is declared to exist. THEREFORE, BE IT RESOLVED by the Council of the City of Roanake as follows: 1. That the proposal of Hammond's Printing ~ Litho. Works, Roanoke, i Virginia, for printing 150 copies of the current voting list for the City of ~: 'Roanoke at a price of $11.29 per page for an estimated 550 pages is hereby determined and declared to be the best bid therefor and the same is hereby accepted.il 2. That R. B. Moss, Purchasing Agent, be, and he is hereby authorized and directed to purchase 150 copies of the voting list at a cost of approximately $6,209.50. 3. from its passage. That, an emergency existing, this Resolution' shall be in force APPROVED Pre~ IN THE COUNCIL OF THE CITY OF ROANOKE, vIRGINIA, The 9th day of January, 1956. No. 12631. AN ORDINANCE regulating the sale of meat and meat products in the City; ~ defining certain words and terms for the purpose thereof; providing penalties for its violation; and providing for its citation and effective date; repealing ii !!Ordinance No. 12436 relating to the sale of meat and meat products; and providing ~for an emergency. WHEREAS, for the immediate preservation of the public health and safety, ~: an emergency is hereby declared to exist,. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: Section 1. For the purpose of this Ordinance the following words and ', terms shall be construed respectively to mean: a. Animal. Cattle, Sheep, Swine or Goats. b. Commissioner of Health. City of Roanoke. The Commissioner of Health of the Meat. The edible part of the muscle of cattle, sheep, swine or goats which is skeletal or which is found in the tongue, in the diaphragm, in the heart or in the esophagus, with or without the accompanying overlying fat and the portions of bone, skin, sinew, nerve and blood vessels which normally accompany the muscle tissue and which are not separated from it in the process of dressing. It does not include the muscle found in the lips, snout or ears. Meat By-Products. Any edible part other than meat which has been derived from one or more cattle, sheep, swine or goats. 2O9 e. Meat Food Product. Any article of food or any article intended for or capable of being used as human food which is derived or prepared in whole or in substantial and definite part from any portion of any cattle, sheep, swine or goat except meat extract and the like which are only for medicinal purposes and are advertised only to the medical profession. f. Meat Product. Any part or all of meat, meat by- product and meat food product. Section 2. No meat or meat product shall be displayed, held or offered for sale within the City of Roanoke unless such meat or meat product shall have been slaughtered, handled and/or processed under the rules and regulations of the United States Department of Agriculture's Meat Inspection Service or those of the Virginia State Health Department's Meat Inspection Service, and unless the official legend of approval from either of the designated Meat Inspection Services appears on the wholesale meat cuts and packages, which shall constitute satisfactor evidence that such meats and meat products are in compliance with this ordinance. Section 3. Any person violating any provision of this ordinance shall be guilty of a misdemeanor, and upon conviction, shall be fined not less than $10.00 nor more than $500.00. Section 4. This ordinance shall be designated and cited as "The Meat Inspection Ordinance of the City of Roanoke". Section 5. The foregoing provisions of this ordinance shall be effective on and after the 1st day of April, 1956, provided, however, that this ordinance shall not apply to meat or meat products from hogs slaughtered and in the process of curing on or before March 31, 1956, and sold for consumption on or before December 31, 1956. BE IT FURTHER ORDAINED that Ordinance No. 12436, heretofore adopted on the 18th day of July, 1955, regulating the sale of meat and meat products in the City, containing certain definitions and providing certain penalties be, and the same is hereby, REPEALED, effective upon the adoption of this ordinance. BE IT FINALLY ORDAINED that, an emergency existing, this Ordinance shall be in force and effect to the extent and at the times hereinabove provided, from and after its passage. APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of January, 1956. No. 12619. AN ORDINANCE to amend and re-enact Article I, Section 1, of Chapter 51 of the Code of the City of Roanoke, Virginia, in relation to zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have a tract of land located on the Northeasterly side of Cove Road, at its 21(; intersection with Lafayette Boulevard N. W., bounded on the north b.y Block 10, Fairland Addition on the. east by the .develope.d partion of Sanford Hills and on the south and west by Co;ye Road, containing 2.84 acres, (for more complete description reference is made to Map Book 1, Page 74, in the Clerk's Office of the Hustings Court for the City of Roanoke, Virginia), rezoned from General Residence District to Business District; and WHEREAS, the City Planning Commission has recommended that the. application to rezone the proper.ty be approved; and WHEREAS, notice required by Article XI, Section 43, of Chapter 51 of the Code of the City of Roanoke, relating to Zoning, has been published in "The Roanoke World-News", a newspaper published in 'the City of Roanoke for the time required by said section; and WHEREAS, the hearing, provided for in said notice published in the said newspaper was held on the 3rd day of January, 1956, at 2:00 o'clock, p. m., before the Council of the City of Roanoke in Council Room in the Municipal Building at which hearing evidence both for and against said rezoning was presented by property owners and other interested parties in the affected area; and WHEREAS, this Council, after considering the application for rezoning, the report of the City Planning Commission, and the evidence presented, is of the opinion that the above property should be rezoned as requested. THEREFORE BE IT ORDAINED by the Council of the City of Roanoke that Article I, Section 1, of Chapter 51 of the Code of the City of Roanoke, relating to Zoning, be amended and re-enacted in the following particular and no other, viz: That certain tract .of land in the City of Roanoke, bounded on the North by Block 10, Fairland Addition, and running 514.78 feet with same, on the East by the westerly boundary of the developed portion of Block 1, Sanford Hills, a.nd running 376.68 feet with the same to the northern edge of Sherman Drive, along the northerly side of Sh.erman Drive 103.07 feet to the new street line of Cove Road, and on the southwesterly side by the new street line of Cove Road a distance of 641.95 feet, containing 2.84 acres and being the undeveloped portion of Sanford Hills, the property of C. F. Kefauver and Leon Kytchen, as shown by a plat prepared by C. B. Malcolm, S.C.E., dated October 15, 1955, and of record in the Clerk's Office of the Hustings Court of the City of Roanoke, in Plat Book 1, Page 74, be and the same is hereby changed from General Residence District to Business District, and that the Zoning Map shall be changed in this respect. APPROVED AT~ President 211 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of January, 19§6. No. 12620. AN ORDINANCE authorizing MacBain Building Corporation and Miller g Rhoads Company, Incorporated, to install and maintain a fuel oil storage tank in a certain public alley, upon certain terms and conditions. WHEREAS, application has been made to the Council for the license herein- after granted. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that MacBain Building Corporation and Miller g Rhoads Company, Incorporated, be, and they are hereby, granted permission to install and maintain a 5000-gallon fuel oil storage tank below the surface of that certain lO-foot wide public alley running north from the first block of Kirk Avenue, S. W., upon the following express terms and conditions, to-wit: 1. That the installation of the said fuel oil storage tank shall be made in strict conformity with the requirements of the City's Flammable Liquids 0rdinan and the Official Building Code of the City and shall be at such location in said alley and in accordance with written plans therefor as shall first be approved by the City Engineer; 2. That the licensees shall, for and on behalf of themselves, their successors or assigns, unconditionally agree to defend and save harmless the City of Roanoke from any and all liability that may result from the installation, maintenance and use of the aforesaid storage tank and the appurtenances thereto; 3. That the licensees, their successors or assigns, shall agree to remove said tank and appurtenances, within one hundred twenty (120) days after being notified or requested so to do by the Council of the City of Roanoke and to restore the portion of said alley under which said tank was installed to the same condition then prevailing in adjacent portions of said alley, all at its own expense; 4. That this Ordinance shall not be deemed to constitute authority to said licensees to obstruct, infringe upon or otherwise impair the right of any other abutting owner or of the general public in the use of the said alley or any open part thereof; 5. That the aforesaid permission so granted shall be held and deemed to be a license merely and shall be revokable at the pleasure of the City Council as aforesaid or of the General Assembly of Virginia; and 6. That the said permittees, prior to exercising any of the privileges granted by this Ordinance, shall, for and on behalf of themselves, their heirs or assigns, cause the original draft of this Ordinance to be signed by its proper officers, under the seals of the respective corporations, as evidence of their agreement to the terms and conditions hereinabove enumerated. 212 Signed and sealed in compliance with paragraph 6, above: MACBAIN BUILDING CORPORATION By (St~ned) Abney Boxley (SEAL) ATTEST: (Siqned) g. O. Gardner Secretary MILLER & RHOADS COMPANY, INCORPORATED By (Si~ned) Edwin Hyde President (SEAL) ATTEST: APPROVED Secretary. President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of January, 1956. No. 12621. AN ORDINANCE providing for the acquisition of certain land at the north- west corner of the intersection of Elm Avenue, S. W., and 5th Street, S. for street purposes. WHEREAS, Starr W. Cromwell is the owner of certain land located at the northwest corner of the intersection of Elm Avenue, S. W., and 5th Street, S. W., and has offered to convey a portion of the said land as hereinafter described to the City for a nominal consideration, to be used for street purposes; and WHEREAS, the City Planning Commission has recommended the acceptance of the same by the City and this Council deems it to the best public interest to acquire said land in order to provide for a 25 foot radius at the property line at said intersection. 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, for and on behalf of the City, from Starr W. Cromwell, or the lawful owner thereof, a deed upon such form as is prepared and approved by the City Attorney, conveying to the City with GENERAL WARRANTY of title the following described land, to-wit: BEGINNING at a point at the intersection of the present north line of Elm Avenue, S. W., and the west line of 5th Street, S. W.; thence along the present north line of Elm Avenue, N. 83° 00' W. 25 feet to a point; thence a new line through Lot 26, a curve to the left with a radius of 25.0 feet with a chord distance of 35.36 feet and a chord bearing of N. 52° O' E. an arc distance of 39.27 feet to a point on the present west line of 5th Street; thence along the present street line S. 7° 0' W. 25 feet to the place of BEGINNING, containing 134.13 square feet, more or less, and being the southeasterly corner of. Lot 26, Section 8, according to the Map of the Lewis Addition; BEING a portion of the same property conveyed to Starr W. Cromwell by deed of record in the Clerk's Office of the Hustings Court of the City of Roanoke, Virginia, in Deed Book 964, page 59, the parcel of land hereinabove-described being shown in de- tail on Plan No. 41§2, prepared in the Office of the City Engineer, Roanoke, Virginia, under date of November 23rd, 1955. BE IT FURTHER ORDAINED that, upon the City's acquisition of the title to the land hereinabove-described the City Manager shall be, and he is hereby, authorized and directed to proceed to incorporate said land into the public street system of the City, so as to provide for a 25 foot radius at the property line at the northwest corner of the aforesaid street intersection. A P P R 0 V E D IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of January, 1956. No. 12622. AN ORDINANCE providing for the acquisition of certain land on the east side of Oliver Road, N. E., south of Preston Avenue, N. E., for street purposes. WHEREAS, Willard L. Sutor and Elizabeth R. Sutor are the owners of certain land located on the east side of Oliver Road, N. E., south of Preston Avenue, N. E. , and have offered to convey a portion of the said land as herein- after described to the City for a nominal consideration, to be used for street purposes; and WHEREAS, the City Planning Commission has recommended the acceptance of the same by the City and this Council deems it to the best public interest to acquire said land in order to provide for the widening of Oliver Road, N. E., south of Preston Avenue, N. E., to 50 feet. 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, for and on behalf of the City, from Willard L. Sutor and Elizabeth R. Sutor, or the lawful owner thereof, a deed upon such form as is prepared and approved by the City Attorney, conveying to the City with GENERAL WARRANTY of title the following described land, to-wit: BEGINNING at "1", a point on the present east line of Oliver Road, N. E., which said beginning point is S. 7° 24' W. 200 feet from "X", the point of intersection of the original east line of Oliver Road, N. E., and the present south line of Preston Avenue, N. E.; thence from said be- ginning point S. 82° 36' E. 10 feet to a point at "B"; thence a new line through Lot 3, Block 1, as shown on the Map of Glen Eden S. 7° 24' W. 100 feet to a point at "C" on the north line of Lot 1, Block 2, Section 3, according to the Map of Fleming Court; thence N. 82° 36' W. 10 feet to a point at "4" on the original line of Oliver Road, N. E.; thence N. 7° 24' E. 100 feet to the place of BEGINNING, containing 1,000 square feet; being shown in detail on a plat showing survey of property of Willard L. Sutor and Elizabeth R. Sutor, prepared by C. B. Malcolm ~ Son, State Certified Engineers, under date of November 26th, 1955, approved by H. Cletus Broyles, City Engineer, under date of December 2nd, 1955; and BEING a westerly portion of the property conveyed to Willard L. and Elizabeth R. Sutor by W. R. Ingram, et ux., by deed of record in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 407, page~ 290. BE IT FURTHER ORDAINED that, upon the City's acquisition of the title to the land hereinabove-described the City Manager shall be, and he is hereby, authorized and directed to proceed to incorporate said land into the public street system of the city, so as to widen Oliver Road, N. E., at said point' to 50 feet. APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of January, 1956. No. 12628. AN ORDINANCE enacted pursuant to the provisions of Section 15-766 of the Code of Virginia (1950) as amended to date providing for vacating, discontinuing and closing the original portion of Oakland Boulevard extending southerly from Wentworth Avenue between Lot 15, Block 17, of the Map of William Fleming Court, and Lots 48 and 49 of the Map of Fleming Court to Lot 7 of the A. N. Cook Map in the subdivision known as Fleming Court. WHEREAS, a petition has been filed with the Council of the City of Roanoke pursuant to the provisions of Section 15-766 of the Code of Virginia (1950) as amended to date, wherein it is asked that that portion of original Oakland Boulevard extending southerly from Wentworth Avenue to Lot 7 of the A. N. Cook Map be vacated, discontinued and closed; and. WHEREAS, due legal notice was posted as required by Section 15-766 of the Code of Virginia (1950) as amended to date, and in conformity with the law in such cases made and provided, the land proprietors affected thereby along that portion of Oakland Boulevard have been notified; and WHEREAS, by Resolution No. 12563 adop~ted on the 14th day of November, 1955, 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 Oakland Boulevard; and WHEREAS, the viewers appointed reported, in writing, that after having been duly Sworn, they viewed the said street 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, dis- continuing and closing said portion of Oakland Boulevard; 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 Oakland Boulevard be vacated; and 11 2!.5 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 Oakland Boulevard extending southerly from Wentworth Avenue to Lot 7 of the A. N. Cook Map in the subdivision known as Fleming Court 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 the original portion of Oakland Boulevard extending southerly from Wentworth Avenue between Lot i5, Block 17, of the Map of William Fleming Court and Lots 48 and 49 of the Map of Fleming Court to Lot 7 of the A. N. Cook Map be permanently vacated, discontinued and closed as provided by Section 15-766 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 President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of January, 1956. No. 12630. AN ORDINANCE providing for the conveyance to Roanoke County Sanitation Authority of a perpetual easement for a sewer line and related structures across the northerly side of Lot 6, Block 2, according to the Map of Sunnybrook Sub- division No. 1, upon certain terms and conditions. WHEREAS, by resolution of the Board of Supervisors of Roanoke County adopted on January 3, 1956, said Board of Supervisors has requested, inter alia, that the City convey to Roanoke County Sanitation Authority, the perpetual ease- ment hereinafter-described; and WHEREAS, this Council's Sewage Committee has studied the request and has recommended in favor of the granting thereof. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the proper City officials be, and they are hereby, authorized and directed, for and on behalf of the City, to execute a deed of easement conveying to Roanoke County Sanitation Authority a perpetual easement for the construction and operation of an 8-inch sewer line,and two manholes, the said sewer line being along the approximate center of a 15-foot wide right of way extending across the northerly side of Lot 6, Block 2, according to the Map of Sunnybrook Subdivision No. 1, in Roanoke County, said deedto be upon such form as is approved by the City Attorney but to reserve the City's right to connect to said sewer line at any later time without the payment of a connection charge, should the City desire to make such a connection for the purpose of serving any building or buildings erected on said lot and, further, to provide that the said Sanitation Authority agree to relocate said sewer line on to some other portion of said lot if, in the future, the City desires or finds it necessary to erect any building or structure on said lot. the location of which would be interfered with by the original location of the said sewer line. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of January. 1956. No. 12634. A RESOLUTION providing for the acquisition and installation of certain improvements at Roanoke Municipal Airport; awarding a contract therefor; and providing for an emergency. WHEREAS, by Ordinance No. 12571 adopted on the 28th day of November, 1955, a lease of the restaurant and other space in the Terminal Building at Roanoke Municipal Airport was approved and the City Manager was authorized and directed to procure and have delivered and installed in said premises certain items of equipment and fixtures enumerated on~ certain exhibits attached to said lease at a cost not to exceed the sum of. $12,945.00; and WHEREAS, pursuant to the provisions of said ordinance, the City Manager advertised for bids for the furnishing and installa$ion of said equipment and fixtures, in response to which advertisement two (2) bids were received, both of which exceeded the sum available for said purpose, but the lowest of which was the bid hereinafter-mentioned; .and WHEREAS, subsequent to the opening of said bids, the City Manager negotiated with the City's tenant, The Cleaves Food Service Corporation, and with said low bidder and, by mutual agreement, deleted from the City's'proposal certain items of fixtures and equipment theretofore proposed to be installed and said bidder reduced the amount of his bid proportionately in order to keep said bid 21.7 within the sum available for said work; and WHEREAS, the City Manager has recommended to the Council that a contract be awarded to Bennett Supply Co., Inc., to furnish and install the restaurant and kitchen equipment and fixtures specified in the aforesaid lease with certain minor deletions aforesaid at a contract price of $12,945.00, that being the lowest and best bid received for said work; and WHEREAS, for the usual daily operation of the Roanoke Municipal Airport, a department of the City, an emergency is hereby declared to exist in order that this resolution may take effect upon its passage; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the bid of Bennett Supply Co., Inc., to furnish and install the restaurant and kitchen equipment and fixtures in and to make certain changes and renovations to the restaurant and kitchen in the Terminal Building at Roanoke Municipal Airport, all as shown in detail on said City's proposal therefor accompanying said bid, at a total price of $12,945.00, be, and it is hereby, ACCEPTED. BE IT FURTHER RESOLVED 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 a written contract with the said Bennett Supply Co., Inc., upon form approved by the City Attorney, whereby said company will undertake to furnish and install the equipment and fixtures and to make certain changes in said Airport property at the contract price of $12,945.00, to be paid said company out of funds heretofore appropriated.by Ordinance No. 12571 for said purpose. BE ITFINALLY RESOLVED that, an emergency existing, this Resolution shall be in full force and effect from its passage. APPROVED ff Clerk Pre~nt " IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of January, 1956. No. 12635. AN ORDINANCE making appropriations from the General Fund of the City of Roanoke for the fiscal year beginning January 1, 1956, and ending December 31, 1956; fixing the rate of pay for certain city employees; and declaring the existenc, of an emergency. WHEREAS, in order to provide for the daily operation of the Municipal Government, an emergency is set forth and declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that all money that shall be paid into the City Treasury for the General Fund in the fiscal year beginning January 1, 1956, and ending December 31, 1956, together with the available surplus in the General Fund on December 31, 1955, shall constitute a 218 COUNCIL - 1 Salary, President Salary, Members, 6 @ $1,200.00 Printing and Advertising Telephone Incidentals Travel Expense Investiga~ion.s and Studies Total Council CLERK - 2 Salary, City Clerk Salary, Stenographer Salary, Clerk Salary, Stenographer Salary, Stenographer Stationery and Office Postage Telephone Travel Expense Total Capital Outlay 1 Copying Machine Filing Equipment 3 Desks Supplies Clerk MANAGER - 3 Salary, Manager Salary, Secretary Salary, Stenographer Salary, Extra Employees Stationery and. Office Postage Telephone Travel Expense Advertising Automobile Allowance Total Supplies Manager 1,500.00 7,200.00 8,500.00 50.00 1,100.00 500.00 500.00 6,200.00 3,480.00 3,180.00 2,760.00 2,580.00 900.00 150.00 400.00 100.00 395.00 798.00 570.00 13,280.00 3,600.00 2,880.00 300.00 2,100.00 175.00 600.00 6OO. OO 200.00 600,00 1 Dictating Machine 636.00 CITY ATTORNEY - 4 Salary, City Attorney 9,600.00 Salary, Asst. City Attorney 6,600.00 Salary, Secretary to City Attorney 2,880.00 Salary, Secretary to Asst. City Attorney 2,700.00 Salary, Extra Employees 200.00 Stationery and Office Supplies 775.00 Postage 50.00 Telephone and Telegraph 550.00 Travel Expense 600.00 Total City Attorney COMMISSIONER OF REVENUE - 5 Salary, Commissioner of Revenue Salary, Chief Deputy Commissioner Salary, Deputy Commissioner Salary, Deputy Commissioner Salary, Deputy Commissioner Salary, Deputy Commissioner Salary, Deputy Commissioner Salary, Deputy Comm. 2 @ $1,645.00 Salary, Deputy Comm. 5 @ $1,400.00 Salary, Deputy Commissioner Salary, Deputy Comm. &Lic. Inspr. Salary, Deputy Commissioner Salary, Extra Employees Stationery and Office Supplies Postage (2) Telephone and Telegraph (2) Bond Premium (2) Travel Expense (2) Advertising (2) $9,180.00 5 180.00 3600.00 3 390.00 3 740.00 2940.00 2 919.00 2 820.00 2 400.00 2 760.00 4 52O. OO 3 780.00 3 5OO. OO 5,355.00 3,021.67 2,100.'00 1977.50 2 181.67 1 715.00 1 702.75 3 290.00 7 000.00 1 610.00 2 636.67 2 205.00 2 333.33 3 000.00 2 000.00 375.00 5.00 200.00 300.00 (1) (1) (1) (1) (1) (1) (1) (1) (1) (1) (1) (1) (1) 19,350.00 19,750.00 1,763.00 24,335.00 636. O0 23,955.00 Maintenance of Machines License Tags Automobile Allowance Total Commissioner of Revenue (1) Two-thirds of actual salary for 6 months; one-half of actual salary for 6 months. Total salaries are shown in column after title. (2) One-third reimubrsed by State. 450.00 2,400.00' 540.00 46,398.59 CITY TREASURER - 8 Salary, Salary, Salary, Salary, Salary, Salary Salary Salary Salary Salary Salary Salary Salary Salary Salary City Treasurer $9 Chief Deputy Treasurer 4 Collector 3 Deputy Treasurer 3 Deputy Treasurer 3 Deputy Treasurer 3 Clerk 2 Clerk 2 Clerk 2 Clerk 2 Clerk 2 Clerk 2 Clerk 2 Clerk 2 Extra Employees 1 (2) Stationery and Office Supplies Postage (2) Telephone and Telegraph (2) Advertising (2) Maintenance of Equipment (2) Rental on Bookkeeping Machines Auto Expense, Outside Collector Dog Tags Total Treasurer (2) .639.0O .860.00 900.00 740.00 560.0O 560.00 760.00 ,760.00 919.00 919.00 919.00 580.00 580.00 640.00 200.00 (1) Two-thirds of actual salary for 6 months; one-half of actual salary for 6 months. Total salaries are shown in column after title. (2) One-third reimbursed by State. 3 Typewriting Bookkeeping Machines with 9 Additional Form Bars 1 Tax Accounting Machines with Supplies, Plates and Cabinets 5,622. 2,835. 2,275. 2 181. 2 076. 2 076. 1 610. 1 610. 1 7O2. 1,702. 1,702. 1,505. 1,505. 1,540. 800. 7,500. 3,500. 400. 400. 1,000. 300. 180. 225. 15,300.00 18,022.05 75 (1) 00 (1) 00 (1) 67 (1) 67 (1) 67 (1) O0 (1) O0 (1) 75 (1) 75 (1) 75 (1) 00 (1) O0 (1) O0 (1) O0 (1) O0 00 O0 00 O0 O0 O0 O0 44,251.01 33,322.05 DELINQUENT TAX COLLECTOR - 9 Salary, Delinquent Tax Collector Salary, Clerk Stationery and Office Supplies Postage Telephone and Telegraph Advertising Automobile Allowance Total Delinquent Tax Collector 4,320.00 2,700.00 360.00 250.00 85.00 300.00 300.00 8,315.00 AUDITOR - 10 Salary Salary Salary Salary Salary Salary Salary Salary Salary Salary, Stationery and Postage Telephone Bond Premium Travel Expense Maintenance of Auditor Assistant Auditor Senior Accountant Junior Accountant Bookkeeper Bookkeeper Bookkeepers, 2 @ $3,480.00 Clerk Clerk-Stenographer Extra Employees Office Supplies Machines Total Auditor 9,180.00 6,180.00 4,200.00 3,540.00 3,540.00 3,540.00 6,960.00 3,240.00 2,820.00 600. O0 3,800.00 500. O0 800.00 1,SO0. O0 400.00 1,000.00 51,800.00 1 Duplicator Machine and Stand 850.00 220 PURCHASING AGENT - 11 Salary, Purchasing Agent Salary, Stenographer Salary, Clerk-Stenographer Salary, Extra Employees Stationery and Office Supplies Postage Telephone and Telegraph Maintenance of Machines Advertising Travel Expense Total Purchasing Agent Furniture and Equipment 2 - 3 Unit Stands for Visible Files 1 Metal Table 1 Postage Meter Machines and Stacker 2 Electric 12" Typewriters 1 - 2 Drawer File INDEPENDENT ACCOUNTING AND AUDITING - 12 Independent Auditing RETIREMENTS - 13 Police and Fire Pensions Gratuities to Former Employees (1) Employees' Contributions, F. I. C. A. Consulting Service - Employees Retirement System Secretarial Service - Employees Retirement System Employee's Contribution - Employees Retirement System Total Pensions and Gratuities to Former Employees (1) James H. Beheler David H. Board Florence L. Deyerle Clarence E. Laprad Joel H. Meadows Lelia O. Neff Smith B. Thornton Lewis Walker $15.76 per mo. 26.00 per mo. 36.00 per mo. 36.00 per mo. 36.00 per mo. 24.00 per mo. 19.50 per mo. 20.80 per mo. HUSTINGS COURT - 20 Salary, Judge (1) $11,880. OO Salary, Secretary Salary, Extra Employees Jury and Witness Fees Stationery and Office Supplies Postage Telephone and Telegraph Total Hustings Court (1) State Law provides salary of $9,250.00 - one-half to be paid by City. City supplements this by $2,630.00. CIRCUIT COURT - 21 Salary, Judge (1) $9,772.90 Office Expense Jury Fees Telephone and Telegraph Total Circuit Court (1) State Law provides salary of $9,250.00 - one-half to be paid by Local Government. Roanoke City's share is $2,958.67. City supplements this by $522.90. COURT OF LAW AND CHANCERY - 22 Salary, Judge (1) $11,880. OO Salary, Secretary Jury Fees Stationery and Office Supplies 5,460.00 2,880.00 2,460.00 600.00 78.5.00 300.00 450.00 100.00 300.00 250.00 162.00 55.00 1,530.00 790.00 59.00 2,500.00 140,000.00 2,568.72 1,350.00 1,600.00 400.00 245,000,00 7,255.00 3,240.00 250.00 1,800.00 250.00 30.00 2OO. OO 2,958.67 1,200.00 750.00 50,00 7,255.00 3,060.00 3,500.00 225.00 13,585. O0 2,596.00 2,500.00 390,918.72 13,025.00 4,958.67 22!_ Postage Telephone (1) Total Court of Law and Chancery State Law provides salary of $9,250.00 one-half to be paid by City. City supplements this by $2,630.00. $ 15.00 100.00 14,155.00 JUVENILE AND DOMESTIC RELATIONS COURT - 23 Salary, Judge Salary, Chief Probation Officer Salary, Clerk of Court Salary, Probation Officer Salary, Probation Officers, 4 @ Salary, Probation Officer, (Part Salary, Deputy Clerk of Court Salary, Stenographer Salary, Clerk Salary, Substitute Judge Salary, Extra Employees Psychiatric Examinations Stationery and Office Supplies Postage Telephone Travel Expense (1) Automobile Allowances (1) Total Juvenile Relations $3,480.00 time) and Domestic Court (1) 50% reimbursed by State. Filing Cabinets MUNICIPAL COURT - 24 Salary, Chief Judge Salary, Judge Salary, Clerk of Court Salary, Clerk Salary, Clerk-Stenographer Salary, Clerk Witness Fees Salary, Extra Employees Stationery and Office Supplies Postage Telephone and Telegraph Travel Expense Maintenance of Equipment Total Municipal Court 1 Typewriter 6,160.00 4,620.00 3,960.00 3,780.00 13,920.00 1,870.80 3,000.00 2,70O. OO 2,200.00 900.00 3OO. OO 100.00 850.00 135.00 925.00 7OO. OO 2,25O.00 85.00 7,000.00 7,000.00 4,320.00 3,000.00 2,460.00 2,400.00 50.00 344.00 1,000.00 15.00 325.00 50.00 100.00 200.00 48,370.80 85.00 28,064.00 200.00 LUNACY COMMISSIONS - 25 Lunacy Commission Fees Transportation Total Lunacy Commission Fees 2,000.00 150. O0 2,150.00 COMMONWEALTH'S ATTORNEY - 26 Salary, Commonwealth'~ Attorney $8,800.00 Salary, Assistant 5,300.00 Salary, Case Coordinator 3,720.00 Salary, Typist, part time 1,800.00 Stationery and Office Supplies (2) Postage (2) Telephoae and Telegraph (2) Total Commonwealth's Attorney (1) One-half of actual salaries. Total shown in column after title. (2) One-half reimbursed by State. salaries 4,400.00 2,650.00 1,860.00 900.00 300.00 50.00 500.00 (1) (1) (1) (1) 10,660.00 CITY SERGEANT - 27 Salary, City Sergeant $8,500.00 2,833.33 Salary, Deputy Sergeant 4,140.00 1,380.00 Salary, Deputy Sergeants, 2 @ $1,260.00 3,780.00 2,520.00 (1) (1) (1) 222 Salary, Deputy Sergeants, 2 @ $1,240.00 Salary, Deputy Sergeant Salary, Deputy Sergeant Salary, Secretary Salary, Stenographer Salary, Extra Employees Stationery and Office Supplies (2) Postage (2) Telephone and Telegraph (2) Automobile Expense (2) Travel Expense (2) Total City Sergeant $3,720.00 3,480.00 3,600.00 3,360.00 3,000.00 900.00 (1) One-third of actual salaries. Total salaries shown in column after title. (2) Two-thirds reimbursed by State. 2,480.00 (1) 1,160.00 (1) 1,200.00 (1) 1,120o00 (1) 1,000.00 (1) 300.00 (1) 2OO. OO 150.00 350.00 3,600.00 120.00 BAIL COMMISSIONER - 28 Commissions, Bail Commissioners Stationery and Office Supplies Total Bail Commissioner 2,600.00 75,00 CLERK OF COURTS - 29 Salary, Clerk of Courts Salary, Deputy Clerk Salary, Deputy Clerk Salary, Deputy Clerk Salary, Deputy Clerk Salary, Deputy Clerks, 3 @ $3,480.00 Salary, Deputy Clerks, 2 @ $3,180.00 Salary, Deputy Clerk Salary, Deputy Clerk Salary, Deputy Clerk Salary, Photographer Salary, Assistant Photographer Salary, Deputy Clerk Stationery and Office Supplies Postage Telephone Bond Premium Maintenance of Machines Total Clerk of Courts 9,180o00 4,980.00 4,600.00 4,020.00 3,600.00 10,440.00 6,360. O0 2,820.00 2,700.00 2,400.00 2,940.00 2,400.0O 2,820.00 8,500.00 510.00 800.00 59O. OO 500.00 CITY JAIL - 30 Salary, Jail Physician (4) Salary, Deputy Sgts. g Jailors, 3 @ $1,160.00 (1) $3,480.00 Salary, Deputy Sgt. & Jailor (1) 3,420.00 Salary, Deputy Sgt. & Jailor (1) 3,180.00 Salary, Matron (1) 2,640.00 Salary, New Jailor 3,480.00 Salary, Relief Jailor 300.00 Wages (2) Stationery and Office Supplies (4) Telephone and Teleqraph (4) Bond Premium (4) Insurance (2) Supplies (3) Food Supplies (3) Medical Expenses (2 and 3) Clothing for Prisoners (3) Clothing for Work Gang (2) Fuel for Cooking (3) Repairs to Jail (2) Repairs to Cook Stove (3) Total City Jail (1) One-third of actual salaries. shown in column after title. Total salaries (2) 100% City expense. (3) Prorated by prison days. (4) Two-thirds reimbursed by State. 2,040.00 3,480.00 1,140.00 1,060.00 880.00 1,160.00 100.00 3,000.00 150.00 95.00 30.00 75.00 3,400.00 22,5OO. OO 2,200.00 300.00 600.00 5OO. OO 4,800.00 75,00 18,413:33 2,675. O0 70,160.00 47,585.00 JUVENILE DETENTION HOME - 31 Salary Salary Salary Salary Salary Salary Salary Salary Wages Telephone (2) Insurance Supplies (2) Food Supplies (2) Utilities (2) Repairs Recreational Supplies Medical Expense Total Superintendent (1) Supervisor (1) Program Director (1) Children's Worker (1) Children's Worker (1) Janitor (1) Cook (1) Extra Help (1) (2) Juvenile Detention Home (1) Two-thirds reimbursed by State. (2) 100% reimbursed by State. 2,130.00 1,920.00 3,3O0. OO 2,880°00 2,400.00 1,755.00 1,920.00 1,400.00 1,135.00 150.00 225. OO 2,700.00 7,000.00 1,500.00 1,825.00 1,000.00 400.00 33,640.00 HEALTH DEPARTMENT - 40 Salary Salary Salary Salary Salary Salary Salary Salary Salary Salary Salary Salary Salary Salary Salary Salary, Salary, Salary, Salary, Salary Salary Salary Salary Salary Salary Salary Salary Salary Salary Salary Salary Salary Salary Salary Salary Wages Com~,issioner Administrative Assistant Secretary Clerk (1) Clerk (2) Clerk (2) Clerk-Typist & Recp. Director of Nurses Nurses, 2 @ $3,360.00 Nurses, 4 @ $3,300.00 Nurses, 4 @ $3,180.00 (3) Nurses, 2 @ $3,060.00 Nurse Director of Sanitation Asst. Dairy Inspector Housing-Hygiene Inspector (2) Sanitary Inspectors, 5 @ Rodent Control Inspector V. D. Investigator (2) Helper Bacteriologist Asst. Bacteriologist 2 @ Clerk-Technician (2) Laboratory Assistant X-Ray Technician (2) X-Ray Technician X-Ray Clerk (2) Dental Assistant (4) Work Permit Clinician. Mechanic (6 Mos.) Janitor Maid Extra Employees V. D. Clinicians Technical Service $3,240.00 $3,460.00 Stationery and Office Supplies Postage Telephone Travel Expense Gasoline and Oil Supplies Utilities Maintenance of Building Automobile Allowance, 12 @ $35.00 mo.; 2 Dental Clinics Nurses Training Total Health Department 1 file $85.00 mo. (1) 50% reimbursed by State. (2) 100% reimbursed by State. (3) $750.00 each reimbursed by State. 8,180.00 3,660.00 3,000.00 2,880.00 2,700.00 2 400.00 2 400. O0 3 580.00 6 72O. OO 13 200.00 12 720.00 6 120.00 2 940.00 4,060.00 3 600.00 3 540.00 16 200.00 3 420.00 3 420.00 1 908.00 4 620.00 6 920.00 3 120.00 2 820.00 2 940.00 2 940.00 2 400. O0 3 080.00 27O. OO 1,680.00 2,874.00 2,O40. O0 2OO. OO 1,140.00 900.00 1,100.00 1,500. O0 850.00 1,800. O0 3OO. OO 900.00 7,000.00 3,SOO. O0 1,200.00 7,080.00 7,750.00 250.00 90.00 177,862.00 90.00 (4) Two-thirds reimbursed by State. 224 TUBERCULOSIS SANATORIUM - 41 Salary, Supt, and Medical Director Salary, Special Physician Salary, Assistant Superintendent Salary,'Nurse Salary, Clerk-Technician Salary, Nurses, 7 @ $1,830.00 Salary Practical Nurse Salary Practical Nurse Salary Cook Salary Cook's Helper Salary Custodian Salary Orderlies, 4 6 $1,650.00 Salary Extra Employees Wages Stationery and Office Supplies Postage Telephone and Telegraph Gasoline and Oil Supplies Food Supplies Utilities Repairs Repairs to Equipment Total Tuberculosis Sanatorium 6,780.00 300.00 2,710.00 2 360,00 3 120.00 12810.00 1 710.00 1 65O. OO 1 770.00 1 65O. OO 2,490. O0 6,6OO. OO 445. OO 1,844.00 100.00 6O.0O 400.00 325.0O 11,000.00 '22,000.00 3,300.00 1,900.00 33O. OO 85,654.00 HOSPITALIZATION - 50 For Indigent Patients (1) Supplement to Burrell Memorial Hospital (2) Professional Services Total Hospitalization 88,000.00 12,000.00 7,000.00 107,000. O0 (1) This appropriation to cover cost of patients in convalescent homes as we as hospitals. (2) This appropriation to pay Burrell Memorial Hospital supplement. CITY PHYSICIAN - 51 Salary, City Physician Salary, Clerk Salary, Nurses, 3 @ $3,060.00 Salary, Nurse, 3 mo. @ $240.00 Salary, Special Physician Salary, Special Nurses Salary, Pharmacist (Contract) Salary, Extra Employees Stationery and Office Supplies Postage Telephone Gasoline and Oil Supplies, Medical, etc. Total City Physician 1 Typewriter 1 Automobile 7,400.00 2,880.00 9,180.00 720.00 300.00 300.00 2,010. O0 160.00 200.00 15.00 125.00 200.00 12,500.00 204.00 1,800.00 35,990.00 2,004.00 PUBLIC ASSISTANCE - 52 Salary Director Salary Superintendent "C" (1) Salary Supervisors, 3 @ $3,840.00 (1) (2) Salary Social Workers "B", 14 @ $3,240.00 (1) Salary Social Workers "B", 2 @ $3,390.00 (1) Salary Clerk-Typists "B", 4 @ $3,050.00 (1) Salary Clerk-Typists "B", 2 @ $2,820.00 (1) Salary Clerk-Typist "C" (1) Wages Stationery and Office Supplies (1) Postage (1) Telephone (1) Bond Premium (1) Travel Expense (1) Gasoline and Oil (8) Automobile Allowance Medical Examinations A. P. T. D. (1) Foster Care (1) General Relief (3) Old Age Assistance (4) Aid to Dependent Children (5) 6 360.00 4 5OO. OO 11 52O. OO 45 36O, OO 6 780.00 12 200.00 5 640.00 3,240.00 200.00 2,100.00 1,200.00 1,100.00 2.50 500.00 1,000.00 420.00 1,000.00 119,250.00 24,053.00 247,000.00 450,000.00 Aid to Permanently and Totally Disabled (6) $ 115,000.00 Aid to the Blind (7) 22,000.00 Emergency Relief 12,000.00 Total Public Assistance (1) 50% reimbursed by State. (2) 75% reimbursed by State. (3) 62.5% reimbursed by State. (4) 92% reimbursed by State. (5) 91.2% reimbursed by State. (6) 89% reimbursed by State. (7) 88% reimbursed by State. ($) 50% reimbursed by State on basis of 7 cents per mile for automobiles purchased by City and on actual operating costs on automobiles purchased with joint City and State funds. 1,092,425.50 WELFARE SERVICES - 53 Day Nursery Confederate Widows Pensions Repairs to Building Wages Total Welfare Services 6,000.00 336.00 1,400.00 600,09 8,336. O0 CITY HOME - 54 Salary Salary Salary Salary Salary Salary Salary Salary Salary Wages Telephone Gasoline and Oil Supplies Food Supplies Utilities Repairs Burial of Paupers Superintendent Matron Nurse Nurses, 2 @ $1,800.00 Nurse Cook Helper Helper Orderly Total City Home 1 Vacuum Cleaner 1 Power Lawn Mower 2 Wheel Chairs 2 277.00 1 815.00 1 710.00 3 600.00 1 650.00 1 650.00 1 590.00 2 289.00 1 800.00 500.00 425.00 150.00 3,000.00 9,000.00 2,650.00 2,500.00 1,000.00 200.00 175.00 150.00 37,606.00 525.00 POLICE DEPARTMENT - 60 Salary, Superintendent Salary, Captain of Detectives Salary, Captain, Executive Officer Salary, Lieutenant of Detectives Salary Salary Salary Salary Salary Salary Salary Salary Salary Salary Salary Salary Salary Salary Salary Salary Salary Wages Lieutenants, 4 @ $3,900.00 Sergeant of Detectives, 5 @ $3,760.00 Sergeants, 8 @ $3,760.00 Corporals, 7 @ $3,660.00 Chief Communications Officer Communications Officer, 5 @ $3,600.00 Communications Officer Detectives, 4 @ $3,600.00 4th Year Patrolmen, 70 @ $3,600.00 3rd Year Patrolmen, 9 @ $3,360.00 2nd Year Patrolmen, 6 @ $3,240.00 1st Year Patrolmen Policewoman, 2 @ $3,240.00 Stenographers, 2 @ $2,760.00 Clerks, 2 @ $2,820.00 Dog Warden Special Police 4 18 3 14 252 30 19 6,000.00 4,420.00 4,200.00 4 020.00 15 600.00 18 800.00 30 080.00 25.620.0O 100.00 000.00 000.00 400.00 000.00 240.0O 440.00 3 000.00 6 48O. OO 5 52O. OO 5,640.00 3,6OO. OO 600.00 2,400.00 22s 226 Stationery and Office Supplies Postage Telephone and Telegraph Travel Expense Gasoline and Oil Maintenance of Traffic System Maintenance of Radio System Maintenance of Parking Meters Maintenance of Equipment Supplies Utilities Repairs to Pound Investigations and Rewards Officer Training Uniform Allowance Towing Vehicles Killing Dogs - State Game Warden Total Police Department Furniture and Equipment 1 Typewriter 1 Graphic Radar Recorder, with case 5 Official Police Revolvers 125 Parking Meters Expansion of Traffic Signal System !2 Motorcycle Radio Units 6 Automobile Radio Units 1 Police Patrol Wagon 3 2-door sedans 2 Motorcycles $ 2,250.00 110.00 5,500.00 5OO. OO 13,900.00 5,200. OO 3,265.00 1,300.00 550.00 4,400.00 300.00 100.00 1,500. O0 1,500.00 6,250.00 300.00 2,0,00,00 187.50 486..50 283.75 2,500.00 16,000.00 1,050.00 2,850.00 3,000.00 6,300. O0 2,975.80 526,085.00 35,633.55 MEDICAL EXAMINER - 61 Medical Examiner Total Medical Examiner 2,000.00 2,000.00 FIRE DEPARTMENT-62 Salary, Chief Salary Asst. Chiefs, 2 @ $4,420.00 Salary Supt. of Fire Alarms Salary Captains, 24 @ $3,900.00 Salary Captains, Fire Prevention Bureau Salary Mechanics, 3 @ $3,900.00 Salary Engineers, 32 @ $3,760.00 Salary Clerk Salary 4 Yr. Privates, 52 @ $3,600.00 Salary 3 Yr. Privates, 8 @ $3,360.00 Salary 2 Yr. Privates, 4 @ $3,240.00 Salary 1 Yr. Privates, 2 @ $3,000.00 Stationery and Office Supplies Postage Telephone Insurance Travel Expense Gasoline and Oil Maintenance of Alarms and Radio Maintenance of Apparatus Supplies Utilities Repairs to Buildings Hydrant Service (1) Uniform Allowance Garden City Fire Station Total Fire Department 6,O00.00 8,840.00 3,960.00 93,600.00 3,900.00 ll,70D. O0 120 320.0O 3 66O. OO 187 2OO. OO 26.880.00 12 96O.0O 6 000.00 600.00 190.00 2,5O0. O0 125.00 500.00 2,500.00 1 000.00 3 500.00 4 200. O0 5 350.00 1 000.00 22 965. OO 6 500.00 3,000.00 538,950.00 (1) 1400 Fire Hydrants are allowed for $6,000.00 and the balance of 344 Fire Hydrants are rented at the rate of $45.00 each per year. This also includes the rental for 33 new Fire Hydrants to be installed during the year 1956. Capital Outlay 1 4-Dr. Station Wagon Fire Alarm Expansion Fire Hose 1 Rotary Power Mower 1 65 Gal. Water Heater 2,300.00 3,000.00 5,000.00 85.00 200,00 10,585. O0 227 BUILDING AND PLUMBING INSPECTION - 63 Salary Building Inspector Salary Asst. Building Inspector, 2 @ $3,600.00 Salary Plumbing Inspector Salary Asst. Plumbing Inspector Salary Heating Inspector Salary Stenographer Salary Clerk-Typist Stationery and Office Supplies Postage Telephone Insurance Travel Expenses Gasoline and Oil Automobile Allowance 2 @ $40.00 per mo.; 1 @ $45.00 per mo.; 1 @ $25.00 per mo. Total Building and Plumbing Inspection Furniture and Equipment 1 Visible File 1 Base Cabinet for File 1 Storage Cabinet 1 Camera with Flash Attachment $ 5,080.00 7,200.00 3,980.00 3,600.00 3,780.00 2,940.00 2,52O.0O 1,300.00 90.00 475.OO 5OO. O0 300.00 450.00 1,800.00 300.00 80.00 80.00 5O. OO 34,015.00 510.00 ELECTRICAL INSPECTION - 64 Salary, Electrical Inspector Salary, Stenographer Stationery and Office Supplies Postage Telephone Travel Expense Automobile Allowance Total Electrical Inspection 4,460.00 2,940.00 200.00 40.00 125.00 150.00 540.00 8,455. O0 WEIGHTS AND MEASURES INSPECTION - 65 Salary, Sealer of Weights and Measures Wages Stationery and Office Supplies Postage Travel Expense Supplies Automobile Allowance Total Weights and Measures Inspection 3,330.00 100.00 50.00 5.00 100.00 200.00 420.00 4,205.00 AIR POLLUTION CONTROL - 66 Salary, Director Salary, Stenographer Stationery and Office Supplies Postage Telephone and Telegraph Travel Expense Repairs to Equipment Supplies Automobile Allowance Total Air Pollution Control Equipment Smoke Sampler Smoke Spot Evaluator 6,260.00 2,760.00 200.00 100.00 225.00 200.00 30.00 100.00 420.00 175.00 150.00 10,295.00 325.00 ARMORY - 68 Salary, Janitor Wages Supplies Utilities Repairs Total Armory 2,580.00 1,000.00 1,000.00 4,500.00 1,000.00 10,080.00 228 LIFE SAVING CREW - 69 Salary, Janitor $ 480.00 Salary, Extra Employees 220.00 Stationery 50.00 Postage 15.00 Telephone 255.00 Insurance 325.00 Supplies 2,700.00 Gasoline and Oil 275.00 Utilities 800.00 Repairs 175.00 Total Life Saving Crew CIVIL DEFENSE - 70 Salary, Secretary 3,000.00 Expense 12,000.00 Total Civil Defense ENGINEERING SERVICES - 80 Salary, Salary, Salary Salary Salary Salary Salary Salary Salary Salary Salary Salary Salary Salary Salary Salary Salary Salary Salary Salary Stationery and Office Postage Telephone Gasoline and Oil Travel Expense Repairs to Equipment Supplies Automobile Allowance Director of Public Works Engineer Planning Engineer Assistant Engineer Assistant Engineer Instrument Man Instrument Man Draftsman Draftsman Draftsman Rodman Rodmen, 2 6 $3,180.00 Chainman Chainmen, 2 @ $3,O60.00 Inspector Inspector, one-half time Clerk Stenographer Stenographer Extra Employees Supplies Total Engineering Equipment 1 Automobile 1 Station Wagon 1 Level 1 Transit Services STREET REPAIR - Salary, General Foreman Salary, Foreman Salary, Shovel Operator Wages Telephone Gasoline and 0il Materials and Supplies Utilities Contractors Total Equipment 1 Hydraulic Jack 1 Adding Machine 1 Mowing Machine 1 Pick-up Truck, One-half 81 (9 Mo.) Street Ton Repair 7,860.00 6 260.00 5 840.00 5 000.00 4 580.00 4 22O.0O 4 O4O. OO 4 320.00 3 780.00 3 600.00 3 300.00 6 360.00 3 000.00 6 120. O0 3 480.00 1 590.00 3 240.00 2,820.00 2,52O. OO 1,000.00 650.00 5O. OO 725.00 1,200. O0 400.00 300.00 2,000.00 300,00 2,100.00 2,400.00 650.00 650. OO 3,285.00 3,840.00 3,820.00 179,000.00 260.00 8,000. O0 68,500.00 500.00 160,000.00 150.00 375.00 3,300.00 1,800,00 5,295. O0 15,000.00 88,555.00 5,800.00 427,205.00 5,625.00 229 STREET SIGNS AND MARKINGS - 82 Salary, General Foreman (2 Mo.) Salary, Foreman Salary, Sign Painter Salary, Helpers, 3 @ $2,820.00 Wages Gasoline and Oil Materials and Supplies Utilities Total Street Signs and Markings Equipment 1 Sheet Metal Break 1 Vacuum Sign Facing Machine BRIDGE REPAIR - 83 Salary, General Foreman (10 Mo.) Wages Telephone Gasoline and. Oil Contractors Materials and Supplies Utilities Total Bridge Repair Equipment i - i ton Truck 1 Metal Splitting Shears 1 - One-half ton Panel Truck 760.00 3,400.00 2,970.00 8,460.00 2,100.00 700.00 18,000.00 225.00 890. O0 900. O0 3,800. O0 16,000. OO 300.00 1,500. 00 5,000. O0 10,500. O0 225. O0 2,25O. OO 204.00 1,800.00 36,615.00 1,790.00 37,325.00 4,254. O0 STREET LIGHTING - 84 Street Lights Total Street Lightin9 76,000.00 76,000.00 SNOW AND ICE REMOVAL - 85 Wages Gasoline and Oil Materials and Supplies Contractors Total Snow and Ice Removal Equipment 2 Snow Plows 8,000.00 500.00 2,000.00 1,800.00 1,100.00 12,300.00 1,100.00 MUNICIPAL BUILDING - 86 Salary Salary Salary Salary Salary Salary Salary Wages Insurance Supplies Utilities Repairs Superintendent Telephone Operators, 3 @ $2,700.00 Janitor Janitors, 6 @ $2,808.00 Janitress Elevator Operator Relief Telephone Operator Total Municipal Building Equipment 1 Floor Polisher 2 Water Coolers 3 360.00 8 100.00 2 874.00 16 848.00 2 220.00 2 412.00 1 350.00 6 708.00 2OO. OO 4,000.00 9,700.00 12,385,00 340.00 420. O0 70,157.00 760.00 MAINTENANCE OF CITY PROPERTY - 87 Wages Insurance Materials Total Maintenance of City Property Equipment 700.00 14,000.00 700,00 15,400.00 230 MUNICIPAL AIRPORT - 88 Salary Salary Salary Salary Salary Salary Salary Salary Salary Salary Wages Manager Asst. Manager Stenographer Chief Serviceman Watchman Field Attendant Maintenance Technician Servicemen, 2 @ $2,640.00 Janitor Janitor Stationery and Office Supplies Postage Telephone Intercommunication System Insurance and Bonds Travel Expense Gasoline and Oil for Airport Gasoline and Oil for Resale Supplies Repairs Utilities Auto Allowance Use Total Municipal Equipment and Improvements Entrance Mats 1 Rotary Mowing Machine 1 Vacuum Cleaner Airport MARKET - 89 Salary, Clerk Salary, Asst. Clerk Salary, Mechanic Salary, Mechanic Salary, Janitors, 2 @ $2,610.00 Salary, Matron Salary, Janitress Salary, Extra Employees Wages Stationery and Office Supplies Postage Telephone Maintenance of Refrigerating Plant Supplies Utilities Repairs Automobile Allowance Total Market SCALES - 9O Wages Commissions Stationery and Repairs Rental of Land Utilities Office Supplies Total Scales Wages Materials Utilities Repairs CEMETERY - 91 and Supplies Total Cemetery SEWER MAINTENANCE - 94 Salary, General Foreman Wages Gasoline and Oil Supplies and Materials Utilities Contractors Rights-of-Way Total (3 Mo.) Sewer Maintenance $ 5,100.00 3,600.00 2,640.00 3,120.00 2,940.00 2,78O. O0 3,360. O0 5,280. O0 2,280.00 2,100.00 6,000.00 25O. OO 75.00 25O. OO 300.00 500.00 300.00 500.00 43,000.00 5,OOO. OO 7,500.00 7,000.00 420.00 300.00 100.00 75,00 4,720.00 3,900.00 3,420.00 3,060.00 5,220.00 2,676.OO 2,100.00 300.00 4,800.00 300.00 10.00 125.00 3,200. O0 2,500.00 13,000.00 3,500.00 240.00 30.00 400.00 100.00 100.00 5.00 25.00 1,800.00 145.00 30.00 250.00 1,O95.O0 36,000.00 1,600. O0 6,OOO. OO 5O. OO 5OO. OO 50.00 104,295.00 475.00 53,071.00 660.00 2,225.00 45,295.00 Equipment 600 Ft. Sewer Cable 1 Sewer Roder Machine 1 - 8 H. P. Bucket Machine 650.00 4,400.00 3,300.00 8,350.00 STREET CLEANING - 96 Salary, Superintendent (6 Mo.) Salary, Foreman Wages Gasoline and Oil Maintenance of Sweepers Supplies Total Street Cleaning Equipment 20 Street Waste Paper Boxes 3 Push Carts 1 - One and one-half ton truck 2,040.00 3,420.00 72,316.00 4,500.00 4,500.00 1,200.00 800.00 240.00 3,300.00 87,976.00 4,340.00 REFUSE COLLECTION AND DISPOSAL - 97 Salary, Superintendent (6 Mo.) Salary, Asst. Superintendent Salary, Foremen, 4 @ $3,420.00 Salary, Incinerator Engineer Wages Wages (2 new employees) Telephone Gasoline and Oil Supplies Pest Control Utilities Repairs to Incinerator Travel Expense Refuse Experiments Total Refuse Collection and Disposal Equipment 1 Heavy duty truck equipped with 16 yard capacity rotary type load packer body 1 Heavy duty truck equipped with 16 yard capacity load packer body 1 One and one-half Ton long wheelbase truck equipped with open body 1 One and one-half Ton long wheelbase truck equipped with open body 1 One and one-half Ton long wheelbase truck equipped with open body Land Acquisition 2 040.00 3.6OO.00 13 680.00 3 180.00 418 697.00 6 000.00 400.00 28,000.00 1,600.00 1,300.00 2,SO0. O0 12,000.00 150. O0 500.00 10,500.00 9,747.00 3,300.00 3,300.00 3,300.00 20,000.00 493,947.00 50,147.00 Wages Supplies FLY, MOSQUITO AND RODENT CONTROL - 98 Total Fly, Mosquito and Rodent Control 5,700.00 1,500.00 7,2OO. OO MUNICIPAL GARAGE - 99 Salary, Superintendent Salary, Shop Foreman Salary, Clerk Salary, Clerk Salary, Stenoqrapher Wages Stationery and Office Supplies Telephone Insurance Gasoline and Oil Parts for Motor Equipment Tires Supplies Utilities Repairs to Building Repairs by Others Total Municipal Garage 4,38 O. O0 3,540. O0 3,180. O0 2,940.00 2,820.00 59,000. O0 900.00 550.00 15,500.00 600. O0 30,000.00 23,500. OO 9,000.00 2,125.00 1,500.00 6,500.00 166, O35. O0 Equipment 2 - 4 Ton Jacks 2 Sets Mechanic Tools 1 Truck and Bus Wheel Dolley 2 6" Heavy Duty Vises 1 Tire Changer 1 Oil Duct Heating Unit RECREATION DEPARTMENT - 110 Director Superintendent of Recreation Supervisor of Athletics Supervisor of Negro Recreation Supervisor of Social Recreation Supervisor of Playgrounds and Community Community Center Director Community Center Director Stenographer Stenographer Playleaders Umpires Supplies Salary Salary Salary Salary Salary Salary Salary Salary Salary Salary Salary Salary Wages Stationery and Office Postage Telephone Travel Expense Renovation of Sandlot Football Equipment Recreation Supplies Recreation R$oairs AUtomobile Allowance (1) Rentals Public Celebrations and Entertainment (2) Total Recreation Department (1) (2) 1 ~ $40.00 Per Mo.; 2 @ $25.00 Per 1 ~ $25.00 Per Mo.; 6 Mos. Halloween Celebrations, $700.00 Christmas Lights and Flags, $650.00 Miscellaheous, $700.00 Diamond Jubilee,$6,000. O0 Equipment 1 Adding Machine Centers PARKS AND RECREATIONAL AREAS - 111 Salary, Salary, Salary, Salary, Salary, Salary, Salary, Salary, Salary, Salary Salary Salary Salary Salary Salary Wages Telephone Gasoline Supplies Trees and Utilities Repairs Land Rental Superintendent Keeper, Elmwood Keeper, Jackson Keeper, Washington Keeper, Fishburn Keeper, Mill Mountain Caretaker, Mountain View Janito~ Mountain View Tree Surgeon Zoo Superintendent Zoo Helper Zoo Animal Keeper Zoo Helper Zoo Watchman Extra Help, Zoo and Oil Shrubs Total Parks and Recreation Areas Capital Outlay 1 tractor gang mower 1 ranch wagon 1 one and one-half ton truck Children's Zoo - new animals Night Lighting baseball field, Chain link fence Playground equipment Chnln¢ nnH Washington Park 345.00 250.00 140.00 160.00 180.00' 1,200,00 5,760.00 4,275.00 3,420.00 3,260.00 3,240.00 3,240.00 2,880. O0 2,580. O0 2,760. OO 2,34O. O0 22,OOO. OO 6,800.00 1,800.00 450.00 300.00 750.00 400.00 2 000.00 8 000.00 500,00 ~ 680 O0 i 8oo oo . 8.050.00 300.00 3,765.00 2 800.00 2 625.00 2 505.00 2 685.00 2 625. O0 2 580. O0 2 580. O0 3,180.00 800. O0 640.00 600. O0 600.00 560.00 400. O0 61,900.00 950.00 3,000.00 9,100.00 1,000.00 12,700.00 10,500.00 100.00 3,500.00 2,000.00 2,500.00 500.00 4,500.00 500.00 1,500.00 2,275.00 91,285.00 300.00 128,195.00 23.5' STADIUM AND ATHLETIC FIELD - 112 Salaries Wages Insurance Advertising Supplies Utilities Repairs Rental - Stadium and Baseball and Promotion of Equipment Total Stadium Field Keeper and Athletic Field 2,820. 9,500. 700. 2,000. 3,500. 6,250. 8,000. 157. O0 O0 O0 O0 O0 00 O0 24 32,927.24 SCHOOLS - 120 Administration Instruction Other Instructional Personnel Cafeterias Textbooks Instructional Equipment and SuPplies Operation of School Plant Maintenance of School Plant Fixed Charges Miscellaneous Special Instruction Transportation Total Schools Equipment. Teacher Desk Library Furniture Choir Risers Reseat Jefferson Auditorium Student Furniture Three Carryalls On~ Piano Art Furniture Teacher Files Miscellaneous Furniture Storage Cabinets Office Equipment 92 2,971 120 471 52 136 335 218 116 12 25 36 066.OO 807.00 287.31 280.00 000.00 669.50 534.00 820.00 230.00 5OO. OO 450.00 ,000.00 ,000.00 ,130.00 500.00 ,500.00 ,995.00 ,750.00 695.00 680.00 ,000.00 ,955.00 170.00 ,525.00 4,588,643.81 40,000.00 LIBRARIES - 121 Salary Salary Salary Salary Salary Salary Salary Salary Salary Salary Salary Salary Salary Salary Salary Salary Salary Salary Salary Salary Salary Salary Salary Wages Director Reference Librarian Cataloger Children's Librarian Circulation Librarian Art and History Librarian Librarian, Melrose Branch Librarian, Raleigh Court Branch Librarian, Gainsboro Branch Senior Assistant Junior Assistant Junior Assistant Junior Assistant Junior Assistant Junior Assistant Junior Assistant Junior Assistant, Wm. Rd. Secretary Mechanic (6 months) Janitor, Main Janitress, Main Janitors Extra Employees Stationery and Office Supplies Postage Telephone and Telegraph Books and Periodicals Recordings Travel Expense Microfilm Supplies Automobile Allowance Utilities Building Maintenance Book Repairs Total Libraries 6 3 4 3 3 2 2 2 3 2 2 2 2 2 2 2 1 2 1 2 1 1 1 1 16 5 2 1 360.00 980.00 000.00 756.00 500.00 600.00 700.00 880.00 ,000.00 700.00 412.00 412.00 412.00 412.00 412.00 220.00 500.00 760.00 680.00 694.00 000.00 350.00 000.00 850.00 700.00 300.00 ,000o00 ,000.00 800. JO 200.00 ,000.00 ,700.00 300. O0 ,550.00 ,300.00 ,800,00 94,240.00 234 CITY PLANNING COMMISSION - 130 Salary, Secretary (one-half time) Salary, Extra Employees Stationery and Office Supplies Postage Telephone Publishing Notices Travel Expense RegtonhI'Planning and Economic Development Commission Total City Planning Commission BOARD OF ZONING APPEALS - 131 Salary, Secretary (one-half time) Salary, Extra Employees Stationery and Office. Supplies Postage Telephone Travel Expense, Board Members Publishing Notices Total Board of Zoning Appeals ELECTORAL BOARD - 132 Salaries of Board Members Salary of Registrar Compensation for Judges and Clerks Salary, Extra Employees Stationery and Office Supplies Postage Printing Ballots Printing Voting List Absentee Voting Expense Rent of Voting Places Telephone Total Electoral Board Equipment 1 Filing Cabinet STREET CONSTRUCTION - 140 Wages Gasoline and Oil Materials and Supplies Contractors Rights-of-Way Total Street Con struct ion SEWER AND DRAIN CONSTRUCTION - 141 Wages Gasoline and Oil Surveys Materials and Supplies Contractors Rights-of-Way Total Sewer and Drain Equipment 1 Air Drill 1 Air Paving Breaker 1 Air Dirt Spade Con struct ion JUDGMENTS AND LOSSES - 150 Court Costs Personal Injuries Damages to Property Damages by Dogs Total Judgments and Losses 1,668.00 100.00 375.00 50.00 100. O0 50.00 175.00 3,445,00 1,668.00 50.00 200.00 60.00 80.00 125.00 125. oo 900.00 3,380.00 14,000.00 780.00 1,400.00 200.00 1,000.00 15,000.00 800.00 1,500. O0 80.00 100, O0 22,000.00 2,700.00 24,500.00 125,000.00 20,000.00 24,000.00 1,600.00 250.00 10,400.00 130,000.00 500,00 430.00 395.00 235,00 500.00 1,000.00 2,200.00 100.00 5,963.00 2,308.00 39,040.00 100.00 194,200.00 166,750.00 1,O60. O0 3,800. O0 WORKMEN'S COMPENSATION - 151 Nurses and Physicians Medical Supplies Hospitalization Compensation Funerals State Tax Total Workmen's Compensation $ 4,000.00 600.00 7,500.00 8,500.00 300.00 700.00 21,600.00 LEAGUE DUES - 152 U. S. Conference of Mayors League of Va. Municipalities Convention Expense Total League Dues 250.00 1,791.00 2,000.00 4,041.00 PROPERTY PURCHASED UNDER TAX SALES - 153 Wages Purchase of Property Materials Total Property .Purchased Under Tax Sales 250.00 3,000.00 275.00 3,525.00 REFUNDS AND REBATES - 154 Taxes Local Assessments Accounts License Taxes Fines 15% of Dog Tax Collections Total Refunds and Rebates 1,200.00 1,500.00 6,000.00 5,000.00 500.00 1,500.00 15,700.00 Ser Ser Set Ser Set Set Ser Set Set Set Set Ser SERIAL BOND MATURITIES - 160 es "AA" due January 1 les "Y" due January 1 les "Z" due January 1 les "GG" due March 15 les "EE" due October 1 les "FF" due October 1 les "DD" due October 1 les "DD" due August 15 les "B" due December 1 les "C" due December 1 les "II" due June 15 es "HH" due December 1 Total Serial Bond Maturities 28 000.00 5 000.00 15 000.00 57 000.00 14 000.00 5 000.00 70 000.00 7O 000.00 2O,OOO. OO 17,000.00 58,000.00 35,000.00 394,000.00 SINKING FUND CONTRIBUTION FOR BOND REDEMPTION - 161 1 1/2% of Outstanding Term Bonds Total Sinking Fund Contribution For Bond Redemption 18,000.00 18,000.00 REDEMPTION OF OTHER LONG TERM DEBT - 162 Shrine Hill Park Note School Literary Loan County of Roanoke Debt (1949 Annex) Total Redemption of Other Long Term Debt 10,000.00 16,750.00 16,372.60 43,122.60 INTEREST ON INDEBTEDNESS - 163 Interest on Bonded Debt Interest on Shrine Hill Park Note Interest on School Literary Loan Interest on County of Roanoke Debt Total Interest on Indebtedness 203,116.25 600.00 8,040.00 5,465.13 217,221.38 COST OF ISSUING BONDS - 164 5,000.00 For Salary and Wage Adjustments Under Job Classification Plan and Cost of Survey TOTAL APPROPRIATIONS 200,000, O0 $11,861 , 182, 25 236 BE IT FURTHER ORDAINED by the C~ancil of the City of Roanoke that the rates of pay for all employees of the City of Roanoke whose compensation is paid upon an hourly basis,.exclusive of personnel of the Water Department and the Public Schools, be, and the same are hereby fixed as follows, effective January 1, 1956, and to continue in force d'uring the calendar year 1956, unless sooner changed by Council: Position Per Hour Foreman 1st Class Foreman 2nd Class 3rd Class Foreman, 1st Class Carpenter, 2nd Class Auto. Mechanic, 2nd Class Stone Mason 1st Class Asst. Foreman, Sewerman 2nd Class Asst. Foreman, Rollerman, Asphalt Rollers, Tractor Operator, Sweeper Operator, 1st Class Tree Trimmer Blacksmith, Drill Runner, Asphalt Pourer, Stone Spreader, 2nd Class Carpenter, 1st Class Painter, Mower Tractor Operator Guard, Mixerman, 2nd Class Painter, 2nd Class Tree Trimmer Truck Driver Truck Driver Road Machine Operator Auto Mechanic Auto Mechanic Watchman Laborer Laborer Stone Mason Brick Mason Seasonal Laborer Airport Helper Airport Helper Airport Helper $ 1.48 1.45 1.42 1.39 1.37 1.32 1.27 1st Class 1.28 2nd Class 1.25 1.33 1st Class 1.47 3rd Class 1.40 1.12 1st Class 1.20 2nd Class 1~17 1st Class 1.57 1.57 1.01 Class A 1.05 Class B .95 Class C .85 BE IT FURTHER ORDAINED that this Ordinance shall be known and cited as the 1956 Appropriation Ordinance. BE IT FURTHER ORDAINED that an emergency is set forth and declared to exist and this Ordinance shall be retroactive to and in force on and after January 1, 1956. APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of January, 1956. No. 12636. AN ORDINANCE making appropriations from the Water General Fund and the Water Replacement Reserve Fund for the City of Roanoke for the fiscal year beginning January 1, 1956, and ending December 31, 1956; fixing the rate of pay of employees of the Water Department; and declaring the existence of an emergency. WHEREAS, in order to provide for the daily operation of the Municipal Government, an emergency is set forth and declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke th'at all money that shall be paid into the City Treasury for the Water General Fund in the fiscal year beginning January 1, 1956, and ending December 31, 1956, together with the available surplus in the Water General Fund on December 31, 1955, shall Qm? CRYSTAL SPRING PUMPING STATION-260 Salary, Station Engineer Salary, Station Engineer Salary, Station Engineer Salary, Firemen, 4 @ $2,970.00 Wages Fuel Electric Power Maintenance of Structures Maintenance of Dams, Wells and Intakes Maintenance of Boilers Maintenance of Equipment Maintenance of Grounds Total Crystal Spring Pumping Station $ 3300. 3 165. 2 805. 11 880. 4 850. 16 000. 2 000. 500. 2,000. 1,100. 2,100. 4,500. O0 O0 O0 O0 O0 O0 O0 O0 O0 O0 O0 O0 54,200.00 BOOSTER PUMPING STATION Salary, Booster Wages Electricity Maintenance and Pump Operators, Expense Total Booster - 270 2 ~ $3,540.00 Pumping Station 7,080.00 280.00 8,500.00 3,200.00 19,060.00 PURIFICATION - 280 Salary, Salary Salary Salary Salary Salary Salary Wages Supt. of Purification Chemist Bacteriologist Filter Operators, 4 @ Filter Operators, 3 @ Filter Operator Asst. Filter Operators, Supplies and Expense Laboratory Supplies Maintenance of Maintenance of Maintenance of Patrol Expense Research Structures Equipment Grounds Total Purification $3,420.00 $2,880.00 3 @ $3,120.00 35 1 2 3,960. 4,760. 3,780. 3,680. 8,640. 2,790. 9,360. 2 990. 000. SO0. 5OO. 1 500. 2 550. 1 200. 3,000, O0 O0 O0 O0 O0 O0 O0 O0 O0 O0 O0 O0 O0 O0 O0 97,510.00 DISTRIBUTION AND TRANSMISSION SYSTEM - 290 Salary Salary Salary Salary Salary Salary Salary Salary Salary Salary Salary Salary Wages Supplies Maintenance Maintenance Maintenance Maintenance Maintenance Maintenance Supt. of Distribution System 2nd Foreman Meter Shop Foreman Meter Repairmen, 3 @ $3,180.00 Superintendent of Meters (6 Mos.) Service Inspectors, (9 Mos.) 2 · $ Service Repairmen, (9 Mos.) 3 Bookkeeper (6 Mos.) Supt. of Construction Shovel Operator Inspector (1/2 time) Inspector 265.00 $255.00 and Expense of Reservoirs, of Distribution of Services of Meters of Hydrants of Shop.Equipment Total Distribution System Standpipes and Dams Mains and Transmission 3,960. O0 3,600. O0 3,300. O0 9,540. O0 1,98 O. O0 4,77O. O0 6 885. O0 1 530. O0 3 960. O0 3 820. O0 1 590. O0 3 300. O0 15 635. O0 9 000. O0 4 800. O0 5 000. O0 2 500. O0 20 000. O0 2 000. O0 200. O0 107,370. O0 Salary, Salary, Salary, Salary, Salary, Salary, Salary, Salary, Salary, Salary, Salary, COMMERCIAL - 310 Office Manager (9 Mos.) Senior Meter Reader Junior Meter Readers, 2 @ $3,120.00 Billing Clerk Commercial Clerk Collectors, 2 @ $2,940.00 Utility Clerks, 3 @ $3,000.00 S'tenographer, Junior Clerks, 2 @ $2,160.00 Record Clerk (9 Mos.) Supt. of Meters (6 Mos.) 3,045.00 3 180.00 6 240.00 2940.00 2.940.00 5 880.00 9 000.00 2 820.00 4 320. O0 2 430.00 1 980.00 Salary, 3rd Foreman Wages Supplies and Expense Total Commercial 3,420.00 4,950.00 8,000,00 61,145.00 GENERAL EXPENSE - 320 Salary, Manager Salary, Asst. Manager Salary, Office Manager (3 Mos.) Salary, Draftsman Salary, Asst. Draftsman Salary, Stenographers, 2 @ $3,060.00 Salary, Record Clerk (3 Mos.) Salary, Bookkeeper ( 6 Mos.) Salary, Service Inspectors, 2 e $265.00 mo. (3 Mos.) Salary, Service Repairmen, 3 @ $255.00 mo. (3 Mos.) Salary, General Repairman Salary, 2nd Foreman Salary, 3rd Foreman Wages Supplies and Expense Legal Expense Accounting Expense Management Expense Treasury Expense Injuries and Damages Insurance and Bond Premiums Store Room Expense Maintenance of Structures Employees' Retirement System Refund - Connection Charges Total General Expense 7,860.00 5,000.00 1,015.00 3,732.00 3,180.00 6,120.00 810. GO 1,530.00 1,590.00 2,295.00 3,480.00 3,600.00 3,420.00 4,968.00 3,500. GO 3,040.00 5,180.00 3,544.OO 2,700.00 1,000.00 6,000.00 6,500. GO 8,500.00 35,000.00 1,500.00 125,064.00 NON OPERATING EXPENSE Miscellaneous Non-Refundable Contribution Refund Replacement Reserve Interest on Debt Retirement of Debt Capital Outlayfrom Revenue (1) Total Non Operating Expense TOTAL APPROPRIATIONS 9,000.00 10,000.00 139,200.00 158,281.22 344,062.56 102,400,.00 762,945,7B $1~227,292,78 BE IT FURTHER ORDAINED that there is hereby appropriated from the Water Replacement Reserve Fund: FOR CAPITAL REPLACEMENTS 150,000.00 (1) Capital Outlay 1 Dictating Machine 1 Electric Typewriter 1 Adding Machine 2 1/2-ton Trucks $ 700.00 500.00 375.00 3,500.00 BE IT FURTHER ORDAINED by the Council of the City of Roanoke that the salaries and wages of persons employed in the Water Department be, and the same are as herein fixed, effective as of January 1, 1956, and to continue in foree during the calendar year 1956, unless sooner changed by Council: Wages of Employees of Water Department Paid on Hourly Basis Foreman $ 1.48 Tractor Operator 1.37 Truck Driver 1st Class 1.28 Truck Driver 2nd Class 1.25 Pipefitter Class A 1.32 Pipefitter Class B 1.27 Labor Skilled 1.22 Labor 1st Class 1.20 Labor 2nd Class 1.17 Per Hour BE IT FURTHER ORDAINED that an emergency is set forth and declared to exist and this Ordinance shall be retroactive to and in force on and after January 1, 1956. APPROVED AT' T: Preside'it IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of January, 1956. No. 12637. AN ORDINANCE making appropriations from the Sewage Treatment General Fund and the Sewage Treatment Replacement Reserve Fund for the City of Roanoke for the fiscal year beginning January 1, 1956, and ending December 31, 1956, and declaring the existence of an emergency. WHEREAS, in order to provide for the daily operation of the Municipal Government, an emergency is set forth and declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that all money that shall be paid into the City Treasury for the Sewage Treatment General Fund in the fiscal year beginning January 1, 1956, and ending December 31, 1956, together with the available surplus in the Sewage Treatment General Fund on December 31, 1955, shall constitute a Sewage Treatment General Fund and that as much of the same as may be necessary be, and the same is hereby appropriated to the following uses and purposes, to-wit: OPERATING EXPENSE Salary Salary Salary Salary Salary Salary Salary Salary Salary Wages Superintendent Chemist Asst. Chemist Mechanic Chief Operator Operators, 4 @ $3,780.00 Operators, 3 @ $3,420.00 Clerk Yardmen, 6 @ $2,580.00 Stationery and Office Supplies Postage Telephone Insurance Automobile Expense Travel Expense Supplies Utilities Repairs Workmen' s Compensation Management Expense Engineering Expense Legal Expense Treasury Expense Accounting Expense Billing Expense Employees' Retirement System Miscellaneous Expense Refunds and Rebates Total Sewage Treatment Fund $ 5,560.00 4,380.00 3,300.00 3,780.00 4,56O. OO 15,120.00 10,260.00 3,040.00 15,480.00 5,000.00 500.00 50.00 300.00 1,600.00 5OO. OO 25O. OO 5,000.00 10,500.00 11,000.00 1,000.00 500.00 5OO. OO 500.00 5OO. OO 2,OO0. OO 2,000.00 7,OOO. OO 5OO. OO 1,000.00 115,680.00 NON-OPERATING EXPENSES Replacement Reserve Interest on Debt Debt Retirement Capital Outlays from Revenue (1) Total Non-Operating Expenses TOTAL APPROPRIATIONS 70,000.00 63,750.00 144,600.00 1,000.00 , ,~79,,350o,00 $ 395,030,00 BE IT FURTHER ORDAINED that there is hereby appropriated from the Sewage Treatment Replacement Reserve Fund: FOR CAPITAL REPLACEMENTS 20,000.00 (1) Capital Outlay from Revenue Normal Capital Outlays 1,000.00 BE IT FURTHER ORDAINED that an emergency is set forth and declared to exist and this Ordinance shall be retroactive to and in force on and after January'l, 1956. APPROVED Pre s~aent IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of January, 1956. No. 12632. AN ORDINANCE providing for the acquisition of certain land on the north side of Grandin Road, S. W., east of Carlton Road, S. W., for street purposes and, also, an easement for a lO-foot wide storm drain right of way adjacent to said land-. WHEREAS,. the congregation of the Westhampton Christian Church has offered to convey to the City certain of its land as hereinafter described, located on the north side of Grandin Road, S. W., in order that Grandin Road may be widened and the northeast corner of the intersection of said Road and Carlton Road, S. W., be rounded, and has further offered to convey to the City a perpetual easement for a 10-foot wide storm drain right of way adjacent to said land, both conveyances to be for a nominal consideration; and WHEREAS, the City Planning Commission has recommended the acceptance of the same and this Council deems it to the best public interest to acquire said land and, in addition, said storm drain right of way, to be used for the aforesaid purposes, respectively. 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, for and on behalf of the City, from the Trustees of the Westhampton Christian Church, or the lawful owner thereof, a deed upon such form as is prepared and approved by the City Attorney, conveying to the City with SPECIAL WARRANTY of title the following described land, to-wit: BEGINNING at a point on the present east line of Carlton Road, S. W., said point being located N. 9° 28' W. 30.67 feet from point of intersection of the present north line of Grandin Road with the present east line of Carlton Road extend- ed; thence continuing with Carlton Road N. 9° 28' W. 11.83 feet to a point on same; thence with a curved line to the left an arc distance of 42.11 feet (radius of said curve being 25.0 feet with a chord bearing and distance of S. 57° 43' E. 37.30 feet) to a point of tangency on the newly established north line of Grandin Road; thence with same N. 74° 02' E. 130.46 feet to the point of inter- section of the aforesaid newly established north line with the present north line of Grandin Road; thence with the present north line of Grandin Road the same being a curved line to the left an arc distance of 4.65 feet (radius of said curve being 1000.0 feet with a chord bearing and distance of S. 69° 02' W. 4.65 feet) to a point of tangency; thence continuing with the said present north line of Grandin Road S. 68° 54' W. 125.29 feet to a point of curve; thence with a curved line to the right an arc distance of 44.34 feet (radius of said curve being 25.0 feet with a chord bearing and distance of N. 60° 17' W. 38.75 feet) to the place of BEGINNING, containing 1,094 square feet, more or less, and being a portion of tract - "A", Map of Westhampton No. 1, said map being of record in the Clerk's Office of the Hustings Court for City of Roanoke, Virginia, in Map Book 1, Page 28. BE IT FURTHER ORDAINED that, upon the City's acquisition of the title to the land hereinabove-described the City Manager shall be, and he is hereby, authorized and directed to proceed to incorporate said land into the public street system of the City, so as to widen Grandin Road at said point and to round the northeast corner of t~ intersection of Grandin Road and Carlton Road, S. W., with a radius of 25 feet at the new property line. BE IT FURTHER ORDAINED that the proper City officials be, and they are hereby, authorized and directed to accept, for and on behalf of the City, from the Trustees of the Westhampton Christian Church, a deed upon such form as is approved by the City Attorney, conveying to the City, with SPECIAL WARRANTY of title a perpetual easement for a 10-foot wide storm drain right of way adjacent to and northerly from the strip of land hereinabove-described, the exact location of said storm drain right of way being shown in detail on Plan No. 4141, prepared in the Office of the City Engineer under date of September 30th, 1955. APPROVED P r e sT-d-~n-t IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of January, 1956. No. 12633. AN ORDINANCE providing for the acquisition of certain land on the south side of Grandin Road, S. W., westerly from its junction with Gillaspie Road, S. W., for street purposes. 242 WHEREAS, John A. Sowder and Lavenia E. Sowder, the owners of certain land situate on the south side of Grandin Road, S. W., west of its junction with Gillaspie Road, S. W., have offered to convey a portion of the said land as hereinafter-described to the City for a nominal consideration, to be used for street purposes; and WHEREAS, the City Planning Commission has recommended the acceptance of the same by the City and this Council deems it to the best public interest to acquire said land in order to widen Grandin Road and the junction of the same with Gillaspie Road, S. W. 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, for and on behalf of the City, from John A. Sowder and Lavenia E. Sowder, or the lawful owner thereof, a deed upon such form as is prepared and approved by the City Attorney, conveying to the City with GENERAL WARRANTY of title the following described land, to-wit: BEGINNING at the point of intersection of the present south line of Grandin Road, S. W., (sometimes called Cave Spring Road) with the present north line of Gillaspie Road, S. W.; thence with the: present north line of Gillaspie Road in a southwestwardly direction 110.0 feet, more or less, to a point on same; thence N. 15© 58' 27.0 feet, more or less, to a point on the newly established south line of Grandin Road; thence with same S. 74© 02' W. 157.0 feet, more or less, to the point of intersection of the aforesaid line with the present south line of Grandin Road; thence with same 260.0 feet, more or less, to the place of BEGINNING, and containing 2,457 square feet, more or less. BE IT FURTHER ORDAINED that, upon the City's acquisition of the title to the land hereinabove-described the City Manager shall be, and he is hereby, authorized and directed to proceed to incorporate said land into the public street system of the City. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of January, 1956. No. 12638. A RESOLUTION authorizing payment of a certain judgment against the City in favor of Byron W. Steele and Frances P. Steele; and providing for an emergency. WHEREAS, a judgment has recently been obtained against the City in the Circuit Court of Roanoke County by Byron W. Steele and Frances P. Steele, said judgment for the principal sum of $1,769.00, plus interest from January 13, 1956, and court costs; and WHEREAS, the City Attorney has recommended against an appeal of the said judgment and that it be ordered paid out of funds heretofore appropriated to the 24. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the proper City officials be, and they are hereby, authorized and directed, for and on behalf of the City, to forthwith pay to Byron W. Steele and Frances P. Steele, or to their attorney, the full amount of that certain judgment obtained by said persons against the City in the Circuit Court of Roanoke County, which said [judgment is for the principal sum of $1,769.00, with interest thereon from ~ January 13, 1956, and court costs. BE IT FURTHER RESOLVED that, an emergency existing, this Resolution shall be in full force and effect from its passage. APPROVED Pr e s ide~T't~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of January, 1956. No. 12639. A RESOLUTION proposing certain amendments to the charter of the City of Roanoke as contained in Chapter 216 of the Acts of the Assembly of 1952, approved March 7, 1952, as amended, in part, by Chapter 89 of the Acts of the Assembly of 1954, approved March 1, 1954; urging the members of the General Assembly of i Virginia from the City of Roanoke to sponsor and support said proposed amendments; i and providing for an emergency. WHEREAS, for the usual daily operation of the City's public school system and of the various departments of the municipal government, an emergency is hereby declared to exist in order that this Resolution may take effect upon its passage. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the General Assembly of Virginia at its 1956 session be, and it is hereby, petitioned to amend the charter of the City of Roanoke as contained in Chapter 216 of the Acts of the Assembly of 1952, approved March 7, 1952, as amended, in part, by Chapter 89, of the Acts of the Assembly of 1954, approved March 1, 1954, in the following particulars, to-wit: A. Amend subsection (1) of Sec. 2. Powers of the City, to read and provide as follows: "(1) To raise annually by taxes and assessments in said city such sums of money as the council hereinafter provided for shall deem necessary for the purposes of said city, and in such manner as said council shall deem expedient, in accordance with the Constitution and laws of this State and of the United States; provided, however, that it shall impose no tax on the bonds of said city; and provided, further, that said tax rate shall not exceed the sum of two dollars and fifty emnt~ (gP 50) tho h,,nd~d dall .... f ,,~ .... ~ 244 real and personal property in this city, except for providing for the payment of the principal and interest on any non-revenue bonds issued after January 1, 1942, and approved by a vote of the freeholders, or for any bonds issued to refund the same. The maximum tax rate hereinaboye provided may hereafter be increased by not more than fifty cents (50~) on the one hundred dollars of assessqd value of real and personal property in the city, for public school purposes, upon the affirmative vote of the majority of the freehold voters of the city voting on the question at an election for such purpose to be called, held 'and conducted in accordance with an ordinance adopted by t~e Council of the City of Roanoke providing for such election and for giving due publicity to the same, and also providin~ by whom and how the ballots shall be prepared and returned canvassed, and the result certified. The maximum rate of two dollars and fifty cents ($2.50), or of such hiqher rate as may have been authorized as hereinabove provided, shall be construed to include any and all levies which might otherwise be levied on real and personal property under the provisions of Sections 58-844, 58-845 and 58-846 of the Code of 'Virginia; and the authority to exceed the two dollars and fifty cents ($2.50) maximum rate, or such higher rate as may have been authorized as hereinabove provided, shall not be construed to authorize the council to exceed the same to pay principal or interest on non-revenue bonds or on any refunding bonds issued to refund bonds originally issued prior to January first, nineteen hundred and forty-two." Be as follows: Amend Sec. 4. Composition of Council; Vacancies, to read and provide "Sec. 4. Composition of Council; Vacancies. The Council as presently composed shall continue and shall consist of seven members, wh° shall be elected at larqe and shall ~erve for a term of four Years, from the first day of Se0temb~r next followinq the date of their election and until their successors shall have been elected 0nd qualified; orovided, however, that on the second TU~O0y in June, 19~6. and 0n ~aid day each four years thereafter, four councilmen ~hall ~ e~e~ted, ond on the ~econd Tuesday in June. 1958. and on said da~ each four years thereafter, three councilmen shall be elected, each of whom ~h011 ~erye for a term of four years from the first day of September next followinq the date of their election and until their successors have been elected and qualified. The Council shall be a continuing body, and no measure pending before such body shall abate or be discontinued by reason of the expiration of the term of office or removal of the members of said body, or any of them. Vacancies in the council shall be filled within thirty days, and until the first day of September next following the next regular councilmanic election, by a majority vote of the remaining members, and if as much as two years of any such unexpired term remains at the time of such next reqular councilmanic election a councilm0n ~hall be elected at larqe at such election for the remainin~ portion of such unexpired term". 245 C. Amend Sec. 12. Legislative procedure, to read and provide as follows: "Sec. 12. Legislative procedure. Except in dealing with questions of parliamentary procedure the council shall act only by ordinance or resolution, and all ordinances except ordinances making appropriations or authorizing the contracting of indebtedness or issuance of bonds or other evidence of debt, shall be confined to one subject, which shall be clearly expressed in the title. Ordinances making appropriations or authorizing the contracting of indebtedness or the issuance of bonds or other obligations and appropriating the money to be raised thereby shall be confined to those subjects~ respectively. "The enacting clause of all ordinances passed by the council shall be, 'be it ordained by the council of the city of Roanoke'. No ordinance, unless it be an emergency measure, shall be passed until it has been read at one and adopted at two regular meetings, * * * or the requirement of such reading has been dispensed with by the affirmative vote of five-sevenths of the members of the council. No ordinance or section thereof shall be revised or amended by its title or section number only, but the new ordinance shall contain the entire ordinance, or section, or subsection, as revised or amended. The ayes and noes shall be taken upon the passage of all ordinances or resolutions and entered upon the journal of the proceeding of the Council and every ordinance or resolution shall require, on final passage, the affirmative vote of a majority of the members. No member shall be excused from voting except on matters involving the consideration of his own official conduct, or where his financial or personal interests are involved. "In authorizing the making of any public improvements, or the acquisition of real estate or any interest therein; or authorizing the contracting of indebtedness or the issuance of bonds or other evidences of indebtedness (except temporary loans in anticipation of taxes or revenue or of the sale of bonds lawfully authorized); or authorizing the sale of any property or rights in property of the city of Roanoke, or granting any public utility franchise, privilege, lease or right of any kind to use public property or easement of any description or any renewal, amendment or extension thereof, the council shall act only by ordinance; provided, however, that after any such ordinance shall have taken effect, all subsequent proceedings incidental thereto and providing for the carrying out of the purposes of such ordinance may, except as otherwise provided in this charter, be taken by.resolution of the council." D. Amend Sec. 13, Effective date of ordinances and resolutions; emerqency measures, to read as follows: "Sec. 13. Effective date of ordinances and resolutions; emerqency measures. All ordinances * * * passed by the council shall be in effect from and after thirty days from the date of their passage, except that council may, by the affirmative vote of five-sevenths of its members, pass emergency measures to 246 take effect at the time indicated therein. An emergency measure is an ordinance * * * * * * * for the immediate preservation of the public peace, property, health or-safety, or providing for the usual daily operation of the municipal ~overnment or of a municipal department, in which measure the emergency shall be set forth and defined in a preamble thereto. Ordinances appropriating money for any such emergency may be passed as emergency measures, but no measure providing for the sale or lease of city property, or making a grant, renewal or extension of a franchise or other special privilege, or regulating the rate to be charged for its service by any public utility, shall be so passed. All r~sol~tions passed by the council shall be in effect from and after their PaSsage. E. Amend Sec, 14~ Record and publication, to read and provide as follows: "Sec. 14. Record and publication. Every ordinance or resolution upon its final passage shall be recorded in a boek kept for the purpose, and shall be' authenticated by the signature of the presiding officer and the city clerk. Every ordinance of a general or permanent nature shall be published.in full once within ten days after its final passage in a newspaper or newspapers of general circulation published in the municipality; and where legally permissible, such publication shall be made but once; provided that where any such ordinance is amended, the council may direct that only the amendment or the substance of such amendment be published and such publication shall be a sufficient compliance with this section; and provided, further, that the foregoing requirements as to publication shall not apply to ordinances mordained in or by a general compilation, codification or recodification of ordinances printed by authority of the council, ~or to any ordinance contained in~ or reordained or amended by, a qeneral compilation, codification or recodification of ordinances printed as a code of ordinance§, provided that such printed code of ordinances shall not take effect until thirty days after the same shall have been printed in quantity and delivered to and lodged in the office of the city clerk. 'A record or entry made by the city clerk or a copy of such record or entry duly certified by him shall be prima facie evidence of the terms of the ordinance or any amendment thereof, of its due publication, or of its receipt in quantity as a printed code of ordinances. "All ordinances and resolutions of the council may be read in evidence in all courts and in all other proceedings in which it may be necessary to refer theft either from a copy thereof certified by the clerk or from the volume or code of ordinances printed by authority of the council.' F. Amend Sec. 19. 6eneral provisions relatin~ to elections; how elections conducted, to read and provide as follows: "Sec. lq. General provisions relatin~ to elections; how elections conducted. All elections provided for in this charter, except as otherwise vrovided herein, shall be conducted, and the result canvassed and certified by the regular election officials provided for by the general election laws of the State and all such elections shall be governed by the general election laws. The council may, in its discretion, make provision by ordinance for the preparation, maintenance and use of a list of the qualified voters of the city who are freeholders, which list may be used for the purpose of any election held amon9 such freehold voters of the City in accordance with any provisions of this charter." follows: Amend Sec. 23. Creation of departments, to read and provide as "Sec. 23. Creation of departments; Assistants; Deputies. The council may by ordinance create administrative departments, and when such departments are created may define the functions which such departments are to administer,may provide for the appointment of heads for such departments anddefine their duties and responsibilities. In addition, the council may by ordinance provide for the appointment of one or more assistants or deputies in the office of the city attorney, the city auditor and the city clerk and may define ! their duties and responsibilities. Such assistants of deputies, when actin9 in such official capacity, shall possess all of the power and authority and shall be subject to all of the duties and responsibilities given to or imposed upon their respective office-holders under this charter." follows: H. Amend Sec. 28. Clerk of the Municipal Court, to read and provide as "Sec. 28. Clerk of the Municipal Court; deputies. The chief municipal judge shall appoint a clerk of the Municipal Court who shall devote full time to the duties of the office which he shall hold at the pleasure of the chief municipal judge. Said clerk shall receive such salary as the council shall, from time to time, fix which shall be paid by the city and he shall participate in the Employees' Retirement System of the city of Roanoke, but shall receive no other compensation, fees or emoluments whatsoever from said city. The clerk of the Municipal Court shall be a conservator of the pe'ace within the city and may within the jurisdiction, territorial and otherwise, of the Municipal Court, issue warrants and processes, original, mesne and final, both civil and criminal, issue abstracts of judgments and subpoenas for witnesses, and all other processes which might or could be issued by a judge of the Municipal Court. Said papers shall be signed in the name of the Municipal Court by the clerk as such clerk. He shall have authority to take affidavits and administer oaths and affirmations. Such clerk shall keep the docket and accounts of the Municipal Court and shall collect all fines, fees, forfeitures and'costs imposed by a municipal judge or arising in the administration of the Municipal Court. A bond given for an appearance before the Municipal Court for the city of Roanoke or before a judge thereof, may if requested by the surety 247 248 on such bond also be a bond for an appearance in the Hustings Court on the same charge unless the amount of bond required be raised by proper authority. Such clerk shall make regular daily reports and transmit and deposit daily all monies collected by him in accordance with rules promulgated by the city auditor or the clerk of courts. He shall give bond for the faithful performance of his duties as such clerk. He shall perform such further duties as may be prescribed by the chief municipal judge. "In addition, the chief municipal judqe may appoint such number of deputy clerks of the Municipal Court as may from time to ti~ be ~thorized by Qrd~n~nce of the council, which such deputies may be members of the police force or other city employees but who shall not be entitled to ~p~al cpmpen~sti0n as such de. purr clerk unless otherwise provided bY th~ ¢~n~l, Sgch ~epgty clerks shall have the power and authority to take affidavits, administer oaths and affirmations, issue civil warrants, abstracts of ]udqment and subpoenas for witnesses only. except that members of the ~olice force appointed as deputy clerk~ hereBnder shall have the additional power and authority to issue criminal w~rr2nt~ and processes within the ~urisdiction. territorial and otherwise, of the Munici.p8! court, at such times as may be expressly desiqnated by the chief municipal judge, Said ~a~er~ shall be sianed in the name of the Municipal Cour~ bY th~ deputy c~erk as ~gch deputy." I. Amend Sec. 33. The annual budget, to read and provide as follows: "Sec. 33. The annual budget. At least sixty days before the end of each fiscal year, the city manager shall prepare and submit to the council an annual budget for the ensuing fiscal year, based upon. detailed estimates furnished by the several officers of the city government according to classification as nearly uniform as possible. The budget shall present the following information: (a) An itemized statement of the appropriations recommended with comparative statement in parallel columns showing appropriations made for the current and next preceding year. (b) An itemized statement of the taxes required and of the estimated revenues of the city from all other sources for the ensuing fiscal year, with comparative statements in parallel columns of the taxes and other revenues for the current and next preceding year, and of the increases or decreases estimated or proposed. (c) A fund statement showing a condition of the various appropriations the amount of appropriations remaining unencumbered, and the amount of revenues remaining unappropriated. (d) Explanatory text relative to the conditions, reasons, et cetera, connected, with the estimates for the ensuing year; also a work program showing the undertakings to be begun and those to be completed during the next year and each of several years in advance. 24.q advisable." (e) A statement of the financial condition of the city. (f) Such other information as may be required by the council. (g) Such other information as the city manager deems appropriate or J..Amend Sec. 43, as follows: Contracts for public advertising, to read and provide "Sec. 43. Public advertising. All public advertising or publications necessary under this charter shall be in a newspaper of general circulation, published in the city; * * * provided, however, that when the city provides for the regular periodic publication of an official bulletin of general circulation independent of any newspaper, advertising or publication therein shall be sufficient except where otherwise required by law." K. Amend Sec. 56. Powers and duties of the school board, to read and provide as follows: "Sec. 56. Powers and duties of the school board. The school trustees of said city shall be a body corporate under the name and style of the School Board of the City of Roanoke, and shall have all of ~ the powers, perform all of the duties and be subject to all of the limitations now provided, or which may hereafter be provided by law in regard to school boards of cities and except that all real estate with the buildings and improvements thereon heretofore or hereafter purchased 'with money received from the sale of bonds of this city, appropriated by the council or received from any other source for the purpose of public education, shall be the property of the said city of Roanoke, unless such money so received from any other source be received on other conditions. The school board shall transmit to the council and to the city auditor a detailed statement of all monies received by said board or placed to its credit. No money shall be expended by said board untilthe account, claim or demand has been approved by said school board and a record thereof made in the proceedings of said board, and said account, claim or demand submitted to the auditor of the city of Roanoke for audit. After such account, claim or demand has been audited as above provided, a warrant on the .city treasurer shall be drawn, signed by the chairman of the board and countersigned by the clerk ther eo payable to the person or persons entitled to receive such money, and stating on the face the purpose or service for which it is to be paid, and that such warrant is drawn in pursuance of an order entered by the board on the day of Separate accounts shall be kept by the said board of monies appropriated by the council, and monies received from other sources, and every such statement shall show the balance of each class of funds on hand or under control of said board as of the date thereof. "The school board shall on or before the fifteenth day of October of each year prepare and submit to the city manager for his information in making up 256 conduct of the public schools of the city for the ensuing fiscal year, with an estimate of the amount of all funds which will probably be received by said board for the 'purpose of public education from sources other than appropriations by the council. "The council may, at its discretion, by or.dinance provide for an audit of the affairs and records of the school board by the city auditor or by any other competent person or firm selected by the council." L. Amend the city charter by adding a new section numbered Sec, 39.1, to read and provide as follows.: "Sec. 39.1. Employees in constitutional offices-i hours of work; vacation and sick leaVe. The offices of the city sergeant, city treasurer~ commissioner of the revenue of the city, Commonwealth's attorney and clerk of the Hustings Court shall be kept open for the transaction of business with the public on such days and between such hours as may be prescribed by ordinance of the council for other offices of the.municipal Dovernment, and the deputies and employees in the offices of the said city sergeant, city treasurer, commissioner of the revenue of the city, Commonwealth's attorney and clerk of the Hustings Court shall work on the same days and shall keep and maintain the same office or working hours as are required by ordinance of the council to be kept by the officials and employees of the city in the other offices of the municipal government. "The provision's of any ordinance of the council relating to vacation, sick leave and military-leave for officers and employees of the city, in general, shall apply with like force and effect to the city sergeant, city treasurer, commissioner of the revenue of the city, Commonwealth's attorney and clerk of the Hustings Court and their assistants, deputies and employees provided such office-holder, for himself, his assistants, deputies and employees, consents thereto in writing and files such written consent in the office of the city clerk, which such consent may be revoked in writing by said officeholder at any later time." M. Amend subsection (19) of Sec, 2. Powers of the City, to read and provide as follows: "(19) To regulate or prohibit the running at large in said city of any or all animals and fowls~ to regulate or prohibit the keeping or raising of same within said city, and to subject the same to such levies, regulations and taxes as it may deem proper; to regulate or prohibit the keeping or raising of pigeons or other birds~ and to provide for the seizure, impounding, destruction or disposition of any such animal or fowl found running at large or in violation of such regulation." N. Amend subsection (12) of Sec, 2, Powers of the city, to read and provide as follows: "(12) To establish, open, widen, extend, grade, improve, construct, and parkways, and to alter, or close, the same; to establish and maintain parks, playgrounds and other public grounds; to construct, maintain and operate bridges, viaducts, subways, tunnels, sewers and drains, and to regulate the use of all such highways, parks, public grounds and works; to plant and maintain shade trees along the streets and upon such public grounds; to prevent the obstruction of such streets and highways, and abolish and prevent grade crossings over the same by railroads in the manner provided by law; regulate the operation and speed of all cars and vehicles using the same, as well as the operation and speed of all engines, cars and trains on railroads within the city; to provide by ordinance for the removal from such streets, highways, alleys, boulevards, parkways and other public places, of vehicles and other objects abandoned thereon or left or placed thereon in violation of law or of an 0rd~nance of the city, and to take charge of. impound and thereafter dispose of by sale or otherwise, such vehicles or other objects, any such sale to be held only after the owner or person lawfully ~ntitl¢~ tO the possession thereof shall have refused to pay the costs of such removal and keeping or after such vehicle or other object shall have remained unclaimed in the custody of the city for not less than sixty days, and, in either case, after notice of such sale, describing the vehicle or object to be sold, shall have been published for not less than~ five days in a local daily newspaper of general circulation, and to recover the costs of such removal, keeping and sale; to provide for the condemnation and scrapping or other disposition of abandoned or unclaimed motor vehicles which, by reason of damage or dilapidation, are unsafe and impracticable of repair; to regulate the service to be rendered and rates to be charged by buses, motor cars, cabs and other vehicles for the carrying of passengers and by vehicles for the transfer of baggage; to require all telephone and telegraph wires and all wires and cables carrying electricity to be placed in conduits under ground and prescribe rules and regulations for the construction and use of such conduits; and to do all other things whatsoever adapted to make said streets and highwayssafe, convenient and attrac-tive. BE IT FURTHER RESOLVED that each member of the General Assembly of Virginia at its 1956 session, from the City of Roanoke, be, and he is hereby, earnestly requested to sponsor and support the enactment of the foregoing charter amendments by the General Assembly to the end that the public school system of the City may be strengthened and improved and the various departments of the City be more effectively administered, and the City Clerk is hereby directed to forthwith attest and cause to be delivered to each of said members of the General Assembly a certified copy of this Resolution. BE IT FURTHER RESOLVED that, an emergency existing, this Resolution shall be in full force and effect from its passage. APPROVED 25i. 252 11 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of January, 1956. No. 12640. A RESOLUTION requesting His Excellency, the Governor of Virginia, to allocate certain State funds to the Roanoke Valley Regional Planning and Economic Commission; and providing for an emergency. WHEREAS, pursuant to Chapter 455 of the 1950 Acts of the General Assembly of Virginia, the Planning Commissio~ of the City of Roanoke, Roanoke County, t'he Town of Salem and the Town of Vinton, in joint meeting, by unanimous vote have recommended to their respective local governing bodies the need for a regional organization, under the Act of the Assembly aforesaid, to plan and guide the economic development, to be known as the Roanoke Valley Regional Planning and Economic Commission of Roanoke metropolitan area and, to be effective, the Regional Planning and Economic Commission proposed to be organized should be enabled to employ a full-time staff; and WHEREAS, it has been agreed that the financial support of such regional planning and economic development commission should be borne by the localities therein participating, with authority to accept, receive and expend funds offered by private persons or groups, State or Federal governments or other agencies, public or private; and WHEREAS, under the Act of Assembly aforesaid, His Excellency, the Governor of Virginia, is authorized to make available to the Regional Planning and Economic Development Commission certain State funds to be employed in the partial payment of salaries of such staff and the operation of such commission; and WHEREAS, for the usual daily operation of the municipal government, an emergency is hereby declared to exist in order that this resolution may take effect upon its passage; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that His ExCellency, the Governor of Virginia, is hereby respectfully requested, pursuant to the authority~anted to him by Chapter 455 of the 1950 Acts of the General Assembly of Virginia, to allocate and make available to the Roanoke Valley Regional Planning and Economic Development Commission, from State funds available therefor, the sum of $5,000.00 annually, to be used along with other funds appropriated to said commission by the City of Roanoke, the Board of Supervisors of Roanoke County, the Town of Salem and the Town of Vinton for the payment of salaries and operation of the staff of said Roanoke Valley Regional Planning and Economic Commission, in carrying out said commission's program of activities. BE IT FURTHER RESOLVED that, an emergency existing, this Resolution shall be in full force and effect from its passage and the Clerk is hereby directed, fort with, to transmit to the Honorable Earl A. Fitzpatrick, the Honorable Julian H. Rutherfoord, Jr., and the Honorable Kossen Gregory, members of the General Assembly of Virginia from Roanoke, attested copies of this Resolution for delivery to His Excellency, t~ Governor of Virginia. 25.5 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of January, 1956. No. 12644. A RESOLUTION authorizing the installation of street lights in the Lincoln Court Housing Project and the Lansdowne Park Housing Project. BE IT RESOLVED by the Council of the City of Roanoke that the Appalachian Electric Power Company be, and it is hereby authorized to install the following street lights in the Lincoln Court Housing Project: One 2500 lumen overhead incandescent street light on Whitten Avenue, N. W., at Dupree Street. One 2500 lumen overhead incandescent street light on Whitten Avenue, N. W., at Downing Street. One 2500 lumen overhead incandescent street light on Nhitten Avenue, N. ~., at Dunbar Street. One 2500 lumen overhead incandescent street light on Burrell Street, N. ~., 105 feet north of Pole No. 254-1671. One 2500 lumen overhead incandescent street light on Gandy Drive, N. N., at Dupree Street. One 2500 lumen overhead incandescent street light on Gandy Drive, N. W., at Bunche Drive. One 2500 lumen overhead incandescent street light on Downing Street, N. W., 410 feet north of Whitten Avenue. One 2500 lumen overhead incandescent street light on Dunbar Street, N. N., 530 feet north of ~hitten Avenue. One 2500 lumen overhead incandescent street light on Dupree Street, N. ~., at Downing Street. One 2500 lumen overhead incandescent street light on Dupree Street, N. W., 255 feet north of Whitten Avenue. One 2500 lumen overhead incandescent street light on Downing Street, N. W., 170 feet north of Whitten Avenue. One 2500 lumen overhead incandescent street light on Dunbar Street, N. ~., 280 feet north of ~hitten Avenue. One 2500 lumen overhead incandescent street light on Gandy Drive, N. W., 235 feet east of Burrell Street. One 2500 lumen overhead incandescent street light on Gandy Drive, N. N., at Dunbar Street. One 2500 lumen overhead incandescent street light on Gandy Drive, N. ~., 220 feet south of Liberty Road. One 2500 lumen overhead incandescent street light on Bunche Drive, N. W., 235 feet east of Gandy Drive. BE IT FURTHER RESOLVED that the Appalachian Electric Power Company be, and it is hereby authorized to install the following street lights in the Lansdowne Park Housing Project: One 2500 lumen overhead incandescent street light on Centre Avenue, N. W., at Pole No. 253-786 (Lucerne Street). One 2500 lumen overhead incandescent street light on Centre Avenue, N. W., at Pole No. 253-782. One 2500 lumen overhead incandescentstreet light on Centre Avenue, N. ~., 280 feet east of Twenty-fifth Street. One 2500 lumen overhead incandescent street light on Naho Street, N. ~., at north end of Circle. One 2500 lumen overhead incandescent street light on Glengary Avenue, N. ~., at Lucerne Street. One'2500 lumen overhead incandescent street light on Delta Drive, N. W., 340 feet from Salem Turnpike. One 2500 lumen overhead incandescent street light on Delta Drive, N. W., 840 feet from Salem Turnpike. One 2500 lumen overhead incandescent street light on Salem Turnpike, N. W., 370 feet west of Delta Drive. One 2500 lumen overhead incandescent street light on Salem Turnpike, N. W., 340 feet east of Delta Drive. One 2500 lumen overhead incandescent street light on Salem Turnpike, N. W., 200 feet west of Twenty-fourth Street. One 2500 lumen overhead incandescent street light on Thirtieth Street, N. W., at Glengary Avenue. One 2500 lumen overhead incandescent street light on Thirtieth Street, N. W., at Centre Avenue. One 2500 lumen overhead incandescent street light on Centre Avenue, N. W., at Pole No. 253-788 (Keats Street) One 2500 lumen overhead incandescent street light on Centre Avenue, N. W., at Pole No. 253-784 (Milton Street) One 2500 lumen overhead incandescent street light on Centre Avenue, N. W., at Pole No. 253-848 (East of Naho Street) One 2500 lumen overhead incandescent street light on Centre Avenue, N. W., 170 feet west of Twenty-fourth Street. One 2500 lumen overhead incandescent street light on Glengary Street, N. W., at Keats Street. One 2500 lumen overhead incandescent street light on Glengary Street, N. W., at Milton Street. One 2500 lumen overhead incandescent street light on Delta Drive, N. W., 100 feet from Salem Turnpike. One 2500 lumen overhead incandescent street light on Delta Drive, N. W., 600 feet from Salem Turnpike. One 2500 lumen overhead incandescent street light on Delta Drive, N. W., 1040 feet from Salem Turnpike. One 2500 lumen overhead incandescent street light on Salem Turnpike, N. W., 780 feet west of Milton Street. One 2500 lumen overhead incandescent street light on Salem Turnpike, N. ~., at Milton Street. One 2500 lumen overhead incandescent street light on Salem Turnpike, N. W., 420 feet east of Twenty-fourth Street. Said lights to be maintained under the contract existing between the Appalachian Electric Power Company and the City of Roanoke. APPROVED Preside~.t ~-- IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of January, 1956. No. 12645. AN ORDINANCE authorizing the acquisition of certain lands for public purposes; providing for the payment therefor; and providing for an emergency. WHEREAS, it has become urgently necessary that the City acquire additional property within the City to be used for the purpose of refuse collection and WHEREAS, for the immediate preservation of the public health and safety and for the usual daily operation of the Department of Public Works, an emergency is hereby declared to exist in order that this ordinance may take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be, and he is hereby, authorized and directed, for and on behalf of the City, to enter into a written contract or contracts for the acquisition, in fee simple, by purchase of such parcel or parcels of land as may, in the said City Manager's discretion, be suitable for such purposes, said contract or contracts to provide, in the aggregate, for the City's acquisition of not less than twenty nor more than thirty acres of land and at a price or prices agreeable to said City Manager but not to exceed, in the aggregate, the sum of $14,000.00 net cost to the City, which said price or prices shall be paid out of funds heretofore appropriated for capital outlay; such contract or contracts as the City Manager may execute for said City to be in the form of options or contracts for the purchase of said lands and to be upon such form as is approved by the City Attorney. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in full force and effect from its passage. APPROVED Pr e s i ~LP.n~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of January, 1956. No. 12646. AN ORDINANCE authorizing certain public improvements in Carver Avenue and Sycamore Avenue, N. E., related to the establishment of grades for Lukens Street, N. E., and Carver Avenue; appropriating the sum of $3,000.00 for certain of the same; and providing for an emergency. WHEREAS, it has been deemed advisable to establish a grade for certain portions of Lukens Street, N. E., and Carver Avenue and to bring such streets to the grade so established by appropriate filling; etc., in the course of which it will be necessary for the City to construct a certain storm drain on Carver Avenue, to raise several sanitary sewer manholes in said street and to relocate an existing 6" water line from Thurston Avenue, N. E., to Sycamore Avenue; funds sufficient for a part, but not all, of the same having heretofore been appropriate¢ to the accounts hereinafter-mentioned; and WHEREAS, Council is advised that all of such improvements and work may be done by the direct employment of City forces and the purchase of the necessary materials and supplies on the basis of the detailed estimates submitted by the WHEREAS, for the usual daily operation of the Department of Public Works, a department of the City, an emergency is hereby deemed 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 City officials be, and they are 'hereby, authorized and directed as follows: 1. To proceed wit.h the relocation of an existing 6" water main in Thurston Avenue, N. E., to a new location of said main in Sycamore Avenue, the said work to be performed by and under the direction of the City's Water Department and the cost thereof not to exceed the sum of $3,000,00, to be paid out of funds heretofore appropriated to the Water Department for such purposes; 2. To proceed to,acquire and install in Carver Avenue approximately 700 feet of reinforced concrete storm drain and to raise approximately four sanitary sewer manholes existing in said avenue to the established grade of said street, all of said work to be done at a cost not to exceed the sum of $3,000.00, to be paid out of the funds hereinafter appropriated; the necessary materials and supplies to be obtained on the basis of detailed estimates submitted by the City Manager and the necessary work be accomplished by the direct employment of City forces. BE IT FURTHER ORDAINED that there be, and there is hereby, appropriated from the General Fund the sum of $3,000.00 to Sewer and Drain Construction, to be used for the payment of the construction of the storm drain and sanitary sewer manholes abovementioned. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in full force and effect from its passage. APPROVED resident IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of January, 1956. No. 12647. AN ORDINANCE providing for the improvement of certain portions of Lukens Street, N. E., and Carver Avenue; and providing for an emergency. WHEREAS, in the establishment of a grade for Lukens Street, N. E., and Carver Avenue, Council is of opinion that more satisfactory grades would result by a filling of those portions of said streets as are hereinafter-mentioned; and WHEREAS, it has been represented to the Council that Wiley N. Jackson Company, Incorporated, has available at the moment certain quantities of earth and other appropriate material which it, said contractor, is willing to dispose of and deliver to the City, without cost, at such places on said streets as may be designated by the City; and WHEREAS, for the usual daily operation of the Department of Public Works, a department of the City, an emergency is hereby declared to exist in order that this ordinance may take effect upon its passage; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be, and he is hereby, authorized and directed, for and on behalf of the City, to enter into a written contract or agreement with Wiley N. Jackson Company, Incorporated, upon form approved by the City Attorney, pursuant to which the said contractor would agree and bind himself to supply and deliver to the City, without cost to the City, such quantities of earth and other material sufficient to bring that portion of Lukens Street, N. E., between Sycamore Avenue and Noble Avenue, and that portion of Carver Avenue, between Dunbar Street, N. and DouglassAvenue, N. E., to the grades established therefor by the City Engineer, such material to be delivered and placed in complete accordance with the directions and specifications of said City Engineer and said contractor to guarantee in said contract, prior to commencing any part of said work, that he will, under the terms of said contract, supply and deliver sufficient quantities of such materials as will fully complete the filling of said streets to the specifications of the City Engineer, aforesaid; and, further, said contractor to agree to indemnify and save the City harmless from any or all liability in the premises. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in full force and effect from its passage. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of January, 1956. No. 12648. A RESOLUTION proposing to the Board of Supervisors of Roanoke County the enactment of an ordinance to prohibit the unauthorized use or interference with certain sewer lines, water lines and drains; and providing for an emergency. WHEREAS, there have been in the past several instances of the unauthorized connection to and use of sewer lines by persons not expressly authorized to connect to or use the same, which such practice, if allowed to continue, might adversely effect the health, safety and general welfare of the inhabitants of this area, including those of Roanoke County; and WHEREAS, this Council is advised that there does not exist among the ordinances in effect in said County one which would prohibit the unauthorized use of a sewer line, water line or drain, although similar ordinances of a penal nature have been in ~fect in the City of Roanoke for many years; and 257 258 WHEREAS, for the immediate preservation of the public health and safety, an emergency is hereby declared to exist in order that this resolution may take effect upon its passage. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Board of Supervisors of Roanoke County be, and it is hereby, respectfully urged to consider for enactment as an ordinance of said County one which would provide, substantially, as follows: "It shall be unlawful for any person to injure, break, connect to or remove any portion of any sewer line, manhole, lamphole, flush-tank, testing or metering station, or related structure, or of any water main, water line, water meter, or related structure, or of any drain without having first obtained the express permission of the owner thereof, or of the authority, board, commission, company or other agency having control thereof. Any person who shall violate any provision of this ordinance shall, upon conviction, be fined not more than three hundred dollars or be imprisoned in the county jail for not more than thirty days or be sentenced to both such fine and imprisonment." BE IT FURTHER RESOLVED that, an emergency existing, this resolution shall be in full force and effect from its passage. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of January, 1956. No. 12649. A RESOLUTION relating to the City's existing contract with Roanoke County for the treatment of certain sewage originating in said County; establishing a time for the County's installation of sewage flow-meters as provided for in said contract; establishing the sewage treatment charge to be applied during the interim preceding the installation of said flow-meters; and providing for an emergency. WHEREAS, the Council's Sewage Committee, to whom the matters hereinafter provided for were referred, has heretofore studied said matters and made its written report to the Council thereon under date of January 18, 1956, in which said recommendation the Council has concurred; and WHEREAS, for the immediate preservation of the public health and safety, an emergency is set forth and declared to exist, in order that this resolution may take effect upon its passage. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the said City will require that the County of Roanoke install and have in operation, prior to the 1st day of July, 1956, the several sewage flow-meters heretofore convenanted and agreed by said County to be installed at the several points of delivery along the City's sewage interceptor lines as provided in that certain written agreement heretofore entered into between said City and said County under date of September 28th, 1954; and 2. That, pending the actual installation of the aforesaid sewage flow- meters by the County of Roanoke, in workable condition, a monthly charge of $1.50 per house be established and be paid by said County to the City as the rate of charge for the City's transportation and treatment of County sewage heretofore and now entering the City's sewage trunk lines from those certain areas described in the aforesaid contract between the parties dated September 28th, 1954, and the several amendments thereto, in which said areas sewage flow-meters have not yet been installed by said County; the aforesaid charges to be made retroactive to the dates upon which each said house may have been connected to the City's sewer system, as said dates are set forth in the City Manager's written report heretofore made to the Council; but said monthly charges not to be applicable beyond the 1st day of July, 1956, by which time sewage flow-meters shall have been installed in each of said areas by the County, as aforesaid. BE IT FURTHER RESOLVED that the proper City officials be, and they are hereby, authorized and empowered to continue to execute the City's obligations and duties under the aforesaid contract of September 28th, 1954, modified to the extent of the provisions of this Resolution. BE IT FURTHER RESOLVED that, an emergency existing, this Resolution shall be in full force and effect from its passage, and the City Clerk is hereby directed to forthwith transmit an attested copy of this Resolution to the Board of Supervisors of Roanoke County. APPROVED Pre 2,59 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of January, 1956. No. 12650. A RESOLUTION proposing certain legislation to be enacted by the 1956 General Assembly of Virginia;. urging the members of the General Assembly of Virginia, from the City of Roanoke, to sponsor and support said proposed legislation; and providing for an emergency. WHEREAS, Council deems it to be to the best interest of the inhabitants of the City of Roanoke that the following items of legislation, in substance, be enacted by the General Assembly of Virginia, at its 1956 session; and WHEREAS, for the usual daily operation of the City's public school system and of the various departments of the Municipal Government, an emergency is hereby declared to exist in order that this Resolution may take effect upon its passage. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the 260 A. Amend Section 22-130 of the Code of Virginia, so as to provide that the provisions of Sections 22-126 to 22-129 of said Code, as amended, shall have the effect of amending any city charter which heretofore has provided any maximum tax rate limit on real and personal property. B. Enact legislation, as an amendment of Article 1, Chapter 13, Title 22, of the Code of Virginia, and/or of Section 22-139 of the Code of Virginia, which would provide for the allocation of State school funds to cities whose school boards furnish transportation to school pupils under contracts with public carriers for such transportation, and provide that the color, equipment and ownership of such buses not be made a prerequisite to the entitlement of a locality to participate in such State funds. C. Amend Sections 32-292 and 32-293.1 of the Code of Virginia, as amended, so as to provide for the allocation of State funds to localities for the purpose of meeting one-half of the cost to such localities of hospitalization and treatment and care, excluding out-patient service, at hospitals and convalescent or nursing homes approved by the State Board of Welfare and Institutions, of indigent persons residing in such localities. D. Amend Article 1, Chapter 8, Title'58, of the Code of Virginia, as amended, so as to provide, without exception, that all personal property, tangible in fact, used or employed in any trade or business shall be subject to local taxation exclusively and taxed as tangible personal property. E. Amend Section 58-266.1 of the Code of Virginia, as amended, so as to expressly authorize a local license tax, based upon gross receipts from advertising, on newspapers, radio and television broadcasting stations ~or services, such license tax not to exceed 1% of such gross receipts. F. Amend Section 58-500 of the Code of Virginia, as amended, so as to eliminate the exemption presently given by said section to insurance companies and their agents from local license taxation. G. Enact legislation which would authorize the city to impose an occupation~ tax on persons employed in the city, such tax not to exceed 2% of the salaries or wages of such persons. BE IT FURTHER RESOLVED that the members of the General Assembly of Virginia jill from Roanoke, be, and they are hereby, requested to favor and support any legislati introduced in said General Assembly which would transfer to the State or to the State Board of Health a larger portion of the costs of operating local health !ii departments and which would require that the proportion of costs borne by the State i!i! in the operation of city health departments be more nearly equal to the proportion of costs borne by the State in the operation of county health departments. BE IT FURTHER RESOLVED that, an emergency existing, this Resolution shall ii!i take effect upon its passage, and the City Clerk is hereby directed to forthwith transmit to the Honorable Earl A. Fitzpatrick, the Honorable Julian H. Rutherfoord, Jr. and the Honorable Kossen Gregory, members of the General Assembly of Virginia !i. from Roanoke, attested copies of the same. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of January, 1956. No. 12651. AN ORDINANCE providing for a job classification and pay rate survey; providing for the appointment of a committee to assist in said survey; providing for the payment thereof; and providing for an emergency. WHEREAS, for the usual daily operation of the various departments of the Municipal Government, an emergency is hereby 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 said Council concurs, generally, with the written report dated October 21, 1955, and with the supplemental report dated January 12, 1956, made to the Council by its committee heretofore appointed to study and make recommendations relative to a job classification and pay rate survey of certain municipal officials and employees. BE IT FURTHER ORDAINED that the City Manager be, and he is hereby, authoriz and directed, for and on behalf of the City, to enter into a written contract with the George A. Brickman Service providing for the preparation of a position classification and pay plan for officers and employees of the City, in such form as is approved by the City Attorney but to provide, substantially, for the terms and provisions contained in a certain recommended form of agreement attached to and made a part of the committee report aforesaid, including the following: (a) That the City will pay said George A. Brickman Service, for its service as aforesaid, the sum of $1,000.00; and that the City will provide the necessary office space, facilities, supplies and equipment for said Service's staff and such stenographic and clerical assistance as may be necessary to expeditiously and economically conduct the project. (b) That the survey exclude employees in the City's constitutional offices and instructural personnel of the public school system. BE IT FURTHER ORDAINED that the sum of $2,000.00, of which the sum of $1,000.00 is allocated to the payment for the services of the said George A. Brickman Service, $600.00 is allocated to the payment of the expense of stenographic and clerical assistance to be provided by the said George A. Brickman Service and $400.00 is allocated for the payment of miscellaneous expenses of the City in connection with said survey, shall be paid from the appropriation "For Salary and Wage Adjustments Under the Classification Plan and Costs of the Survey" Account of the 1956 Budget Ordinance. BE IT FURTHER ORDAINED that there be, and there is hereby, appointed a committee consisting of Mr. Roy L. Webber, Chairman and Council member, Mr. Herbert A. Davies, Council member, Mr. Leigh B. Hanes, Jr., Council member, Mr. John P. Cruickshank, Chairman of the School Board, Doctor E. W. Rushton, Superintendent of Schools, Mr. Arthur S. Owens, City Manager, and Mr. J. Robert Thomas, City Clerk, to assist with the aforesaid survey; and to make decisions of policy, final classifications and pay schedules, prior to the transmittal of the results of said survey to the City Council and after the adoption of a 262 be in full force and effect from its passage. APPROVED P r e s~I-~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of February, 1956. No. 12641. AN ORDINANCE to amend and reenact Article I, Section 1, of Chapter 51 of the Code of the City of Roanoke, Virginia, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have a parcel of land located and being all of the said lots in Sections H, G, and L of the Map of Williamson Groves, which is bounded on the north by Noble Avenue, N. E., on the south by Sycamore Avenue, N. E., and on the west by Lukens Street, N. E., and on the east by Wilkins Street, N. E., all in the City of Roanoke rezoned from General Residence District to Business District, and WHEREAS, the City Planning Commission has recommended that the above parcel of land be rezoned from General Residence District to Business District as requested, and WHEREAS, notice required by Article XI, Section 43, of Chapter 51 of the Code of the City of Roanoke, Virginia, relating to Zoning, has been published in The Roanoke World-News, a newspaper published in the City of Roanoke, for the time required by said section, and WHEREAS, the hearing as provided for in said notice published in the said newspaper was held on the 30th day of January, 1956, at 2:00 o'clock, p. m., before the Council of the City of Roanoke, in the Council Chamber in the Municipal Building, at which hearing property owners and other interested parties in the affected area 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 above parcel of land should be rezoned as requested. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Article I, Section 1, of Chapter 51 of the Code of the City of Roanoke, Virginia, relating to Zoning, be amended and reenacted in the following particular and no other, viz: A parcel of land located and being all of the said lots in Sections H, G, and L of the Map of Williamson Groves, which is bounded on the north by Noble Avenue, N. E., on the south by Sycamore Avenue, N. E., and on the west by Lukens Street, N. E. ,and on the east by Wtlkins Street, N. E., all in the City of' Roanoke, be, and is hereby changed from General Residence District to Business District and the Zoning Map shall be changed in this respect. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of February, 1956. No. 12642. AN ORDINANCE to amend and reenact Article I, Section 1, of Chapter 51, of the Code of the City of Roanoke, Virginia, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have property located on the east side of U. S. Route 11, containing approximate 20 acres, near the northerly corporate limits of Roanoke, Virginia and designated on the Official Map of Roanoke City as 2200201 be rezoned from Residential District to Business District; and WHEREAS, notice required by Article XI, Section 43, of Chapter 51 of the Code of the City of Roanoke, Virginia, relating to Zoning, has been published in The Roanoke World-News, a newspaper published in the City of Roanoke, for the time required by said section, and WHEREAS, the hearing as provided for in said notice published in the said newspaper was held on the 16th day of January, 1956, at 2:00 o'clock p. m., before the Council of the City of Roanoke, in the Council Room in the Municipal Building, at which hearing no objections were presented by property owners or other interested parties in the affected area, and WHEREAS, it was brought to the attention of Council that the Petitioners had abandoned their plans for the creation of a shopping center and decided to develop the said property strictly as business property; and WHEREAS, the said Council, after due consideration, decided to refer the matter back to the Planning Board for their recommendation; and WHEREAS, the City Planning Board has recommended that the above property be rezoned from Residential District to Business District as requested; and WHEREAS, this Council, after considering the application for rezoning, is of the opinion that the above property should be rezoned as requested. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Article I, Section 1, of Chapter 51, of the Code of the City of Roanoke, Virginia, relating to Zoning be amended and reenacted in the following particular and no other, viz: Property located on the east side of U. S. Route 11, containing approximately 20 acres, near the northerly corporate limits of Roanoke, Virginia, and designated on the Official Map of Roanoke City as 2200201 be and is hereby changed from Residential District to Business District and the Zoning Map herein referred to shall be changed in this respect. APPROVED f- Cler~ President Y 2gh IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of February, 1956. No. 12643. AN ORDINANCE to amend and reenact Article I, Section 1, of Chapter 51 of the Code of the City of Roanoke, Virginia, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have a parcel of land fronting on Brandon Avenue, S. W. ,~ and extending therefrom in a northerly direction for a distance of three hundred (300) feet as measured along the west side of Edgewood Street, S. W., and lying between said Edgewood Street and the corporate limits of the city, designated on the Official Tax Apprais Map of the City of Roanoke as a portion of Lot No. 1610207, rezoned from General Residence District to Business District, and WHEREAS, the City Planning Commission has recommended that the above parcel of land be rezoned from General Residence District to Business District as requested, and WHEREAS, notice required by Article XI, Section 43, of Chapter 51 of the Code of the City of Roanoke, Virginia, relating to Zoning, has been published in The Roanoke World-News, a newspaper published in the City of Roanoke, for the time required by said section, and WHEREAS, the hearing as provided for in said notice published in the said newspaper was held on the 23rd day of January, 1956, at 2:00 o'clock, p. m., before the Council of the City of Roanoke in the Council Chamber in the Municipal Building, at which hearing property owners'and other interested parties in the affected area 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 above parcel of land should be rezoned as requested. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Article I, Section 1, of Chapter 51 of the Code of the City of Roanoke, Virginia, relating to Zoning, be amended and reenacted in the following particular and no other, viz: A parQel of land fronting on Brandon Avenue, S. W., and extending therefrom in a northerly direction for a distance of three hundred (300) feet as measured along the west side of Edgewood Street, S. W., and lying between said Edgewood Street and the corporate limits of the city, designated on the Official Tax Appraisal Map of the City of Roanoke as a portion of Lot No. 1610207, be, and it is hereby changed from General Residence District to Business District and the Zoning Map shall be changed in this respect. APPROVED Presiden~ 2C5 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of February, 1956. No. 12653. A RESOLUTION authorizing the installation of twenty 21000 lumen under- ground mercury vapor street lights in the vicinity of the Jefferson Street Grade Crossing Elimination Viaduct. BE IT RESOLVED by the Council of the City of Roanoke that the Appalachian Electric Power Company be, and it is hereby authorized to install twenty 21000 lumen underground mercury vapor street lights in the vicinity of the Jefferson Street Grade Crossing Elimination Viaduct, as follows: Eleven 21000 lumen underground (whiteway) mercury vapor street lights on the Second Street, N. W., approach to the viaduct from Commonwealth Avenue, N. W. Six 21000.lumen underground (whiteway) mercury vapor street lights on the viaduct proper, not including the Jefferson Street arm of the viaduct, Three 21000 lumen underground (whiteway) mercury vapor street lights on the Second Street, S. E., approach to the viaduct from Campbell Avenue, S. E. Said lights to be maintained under the contra'ct existing between the Appalachian Electric Power Company and the City of Roanoke. APPROVED Presi~' IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The,6th day of February, 1956. No. 12654. AN ORDINANCE repealing Sec. 90. Musicians; Entertainers, of The License Tax Code of the City of Roanoke, 1956, Ordinance No. 12573, relating to a license tax on persons engaged in the business of furnishing music or entertain- ment to others; and providing for an emergency. WHEREAS, for the usual daily operation of the several departments of the municipal government, an emergency is hereby declared to exist in order that this Ordinance may become effective upon its passage; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec. 90. Musicians; Entertainers, of The License Tax Code of the City of Roanoke, 1956, heretofore adopted as Ordinance No. 12573 on the 28th day of November, 1955, imposing a license tax on certain persons engaged in the business of furnishing music or entertainment to others, be, and the said section is hereby REPEALED. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in full force and effect from its passage and made retroactive to the 1st day of January, 1956. APPR~VE~ 266 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of February, 1956. No. 12655. AN ORDINANCE amending and reordaining subsection (c) of Sec. 40. Amusements Moving Pictures, Shows, Theatricals, Exhibitions, etc,, of The License Tax Code of the City of Roanoke, 1956, Ordinance No. 12573, relating to a license tax on certain persons promoting any theatrical performance or any performance similar thereto, panorama, vaudeville, public dance, or any public performance or exhibition of~ any kind, except moving pictures, exhibitions, or performances otherwise taxed under said Ordinance; and providing for an emergency. WHEREAS, for the usual daily operation of the several departments of the municipal government, an emergency is hereby 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 subsection (c) of Sec. 4~ Amusements - Movin~ Pictures, ShOws, Theatricals, Exhibitions, etc,, of The License Tax Code of the City of Roanoke, 1956, heretofore adopted as Ordinance No. 12573 on the 28th day of November-, 1955, be, and said subsection is hereby, amended and reordained to read and provide as follows: (c) Every person promoting any theatrical performance or any performance similar thereto, panorama, vaudeville, public dance, or any public performance or exhibition of any kind, except moving pictures, exhibitions, or performances other- wise taxed under this Ordinance, where an admission fee is charged, shall pay for each such promotion: Per day ...... ' .............. $ 30.00 Per week ................... 55.00 Per year .................. 275.00 No license, however, shall be charged when the whole of the net proceeds is applied for religious or charitable purposes, nor when such perf.ormance is promoted by a non-profit, cultural or religious or- ganization; or when only local amateurs participate in theatrical performances or any performance similar thereto, panorama or vaudeville, and no compensation or gain, directly or indirectly, enures to the benefit of any promoter thereof, and the entire net proceeds therefrom are devoted exclusively to defraying the expenses incident to such amateur activities. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in full force and effect from and after its passage. APPROVED Preslaent IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of February, 1956. No. 12656. AN ORDINANCE authorizing and directing the acquisition of certain land on the northwest side of Edgewood Street, S. W., north of Brandon Avenue, S. 2e,7 for public purposes; providing for the payment of the purchase price therefor; and providing for an emergency. WHEREAS, Fuel Oil and Equipment Company, Inc., the owner t~hereof, has offered to convey to the City at a purchase price of $350.00, cash, a strip of land 5 feet wide fronting 300 feet on the northwest side of Brandon Avenue, S. W., as measured from the northwest intersection of Brandon Avenue and Edgewood Street, together with sufficient additional land at said intersection to provide for rounding the corner of said intersection with a 25-foot radius at the property line and, further, conditioned upon the City's acceptance of said pro- posal, has offered to convey to the City, without cost, all of the remainder of Lot No. 1610207 as shown on the City's Tax Appraisal Map lying northeasterly of a new division line to be established through said lot at a distance of approximately 300 feet northeastwardly from Brandon Avenue; the aforesaid 5-foot wide strip and a portion of the northeasterly part of said lot to be used by the City for the widening of Edgewood Street, the remainder of said northeasterly portion to be used for other public purposes; and WHEREAS, the City Manager and the City Planning Commission have each recommended to the Council that the aforesaid offer be accepted and that the City acquire said lands for the purposes above stated; and WHEREAS, funds sufficient for the purchase price of aforesaid have heretofore been appropriated by the Council for Street Construction -- Rights-of- Way; and WHEREAS, for the usual daily operation of the Department of Public Works, a department of the Municipal Government, and for the immediate preservation of the public safety an emergency is hereby 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 foregoing offer of Fuel Oil and Equipment Company, Inc., be, and it is hereby, accepted and that the proper city officials be, and they are hereby, authorized and directed, for and on behalf of the City, to acquire by deed of conveyance to the City upon such form as is prepared and approved by the City Attorney, a strip of land on the northwest side of Edgewood Street, S. W., 5 feet in width and extending along said street 300 feet as measured from the northwest corner of the present intersection of Edgewood Street and Brandon Avenue, S. W., to- gether with sufficient land at said intersection to provide for rounding the corner thereof with a 25-foot radius at the property line, at a purchase price of $350.00, cash, to said owner, to be paid out of funds heretofore appropriated for Street Construction -- Rights-of-Way; and, contemporaneously with such acquisition, to further acquire by similar deed of conveyance to the City, all of the remaining portion of Lot No. 1610207 as shown on the City's Tax Appraisal Map lying northeasterly of a new division line drawn through said lot approximately 300 feet northeastwardly from Brandon Avenue, S. W. 268 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in full force and effect from its passage. A P P R.O V E D President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of February, 1956. No. 12657. AN ORDINANCE amending Chapter 28. Public Sewers, of the Code of the City of Roanoke by the addition of a new section authorizing certain connections to the City's public sewer line to serve properties located outside said City; establishing certain connection and service charges; providing for a form of contract for such connections and sewer services; and providing for an emergency. WHEREAS, upon a study and certain recommendations made by the Council's Sewage Committee in the premises, Council is of opinion that it is to the best interest of the City and of the inhabitants thereof that'the following provisions and regulations relating to the City's public sewer system be enacted as an Ordinance to become a part of Chapter 28. Public Sewers, of the Code of the City of Roanoke; and WHEREAS, for the immediate preservation of the public health and safety and for the usual daily operation of the Department of Public Works, an emergency is hereby deemed to exist in order that this Ordinance may take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Chapter 28. Public Sewers,of the Code of the City of Roanoke be amended by the addition of a new section, to be numbered Section 15, to read and provide as follows, to-wit: Sec. 15. Connection of certain properties outside the corporate limits; char~es. The City Manager, or his duly authorized agent, is hereby authorized, upon proper application therefor in writing, to enter into written contracts with the owners or occupants of properties located outside the corporate limits, not within areas at the time served with sewage treatment services by the City under any existing contract with Roanoke County, providing for the City's transmission and treatment of said owner's or occupant's sewage or other wastes, such contracts to be upon a standard form of contract to be prepared and approved by the City Attorney but to provide, inter ali, a, for the following: (a) That a connection charge of $100. O0 shall be provided for and paid for each unit connection; (b) That the rate for transporting and treating domes- tic sewage or wastes shall be based, if such property be served entirely by the City's public water system, upon the applicant's bill for such water services and shall be fixed at an amount equal to 40% of said applicant's regular billings for such water service, such monthly sewage transmission and treatment charge, however, in no case to be less than $3. o0: (c) That in the event the applicant for sewage service does not purchase his entire water supply for such property from the City, the City Manager, or his duly authorized agent, upon a survey of the property and of the number of occupants thereof and of an estimated amount of the sewage originating thereon, shall provide in said contract for a reason- able monthly charge for such sewage service, said charge in no case to be less than $3.00 per unit connection per month, together with the connection fee hereinabove provided; (d) That the connection charge and monthly sewage transmission and treatment charge for places of busi- ness, industrial operations, manufacturing companies and all other applicants for such service, other than domestic users, shall be fixed by the City Manager, or his duly authorized agent, as a result of a survey as provided in paragraph (c) above, provided that in no case shall the monthly sewage transmission and treatment charge be less than $3.00; (e) That the sewage transmission and treatment service to be rendered by the City may be discon- tinued with or without notice upon non-payment of any charge due to be paid the City for such service and that in the event of such discontinuance of service for non-payment of a charge or charges or in the event of a reconnection of any prior service, discontinued by agreement, a restoration and reconnection charge of $10.00 shall be made by the City and paid by such applicant; (f) That the monthly sewage transmission and treatment charge shall, in all cases, commence as of the date of actual connection to the City's public sewer system and, except for such connections as may heretofore have been made, the connection charge hereinabove provided shall be paid prior to the making of such connection; and (g) That any contract entered into hereunder shall be terminable by the applicant at any time upon payment of all charges theretofore accrued against said applicant and that any such contract may be terminated by the City at any time upon sixty days' prior notice to such applicant or occupant of the City's intention so to terminate. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in full force and effect from its passage. ClePk APPROVED Presi~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of February, 1956. No. 12652. AN ORDINANCE to amend and reenact Article I, Section 1, of Chapter 51, of the Code of the City of Roanoke, Virginia, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have a parcel of land fronting on the north side of Patterson Avenue, S. W., for a distance of 400 feet, lying between 20th and 21st Streets, S. W., running back from Patterson a distance of 150 feet to an alley, and designated on the Official Tax Appraisal Map of the City of Roanoke as all of Lots Numbers 1312709 through 1312716, inclusive, rezoned from General Residence District to Light 276 WHEREAS, the application w.as referred to the City Planning Commission, which Commission, after due consideration, recommended against the requested rezoning, and WHEREAS, notice required by Article XI, Section 43,.of Chapter 51, of the Code of the City of Roanoke,.Virginia relating to Zoning., has been published in "The Roanoke World-News", a newspaper published in the City of Roanoke for the time required by said.section, and WHEREAS, the hearing as provided by said notice published was held on the 6th day of February, 1956, at 2:00 p. m., before the Council of the City of Roanoke in the Council Chambers of the Municipal Building, at which hearing property owners and other interested parties in the affected area were given an opportunity to be heard both for and against the proposed rezoning, and WHEREAS, this Council, after considering the evidence presented, does not concur in the recommendation of the City Planning Commission and is of the opinion that the requested rezoning should be done in order to conform with the general purposes and intent of the City's zoning regulations. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Article I, Section I of Chapter 51, of the Code of the City of Roanoke, Virginia, relating to zoning be amended and re-enacted in the following particular and no other, viz: A parcel of land fronting on the north side of Patterson Avenue, S. for a distance of 400 feet between 20th and 21st Streets, S. W., and extending back to an alley to a distance of 150 feet designated on the Official Tax Appraisal Map of the City of Roanoke, Virginia, as Lots Numbers 1312709~through 1312716, inclusive, be, and is hereby changed from General Residence District to Light Industrial District and the Zoning Map shall be changed in this respect. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of February, 1956. No. 12658. AN ORDINANCE to amend and reordain Section ~62, "Fire Department", of the 1956 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the immediate preservation of the public safety, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section g62, "Fire Department", of the 1956 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: FIRE DEPARTMENT ~62 Salary, Mechanics, 2 @ $3,900.00 $ 7,800.00 27i BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ~'reslaent IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of February, 1956. No. 12659. AN ORDINANCE providing for the conveyance to Roanoke County Sanitation Authority of a perpetual easement for a sewer line and related structures across certain portions of City-owned Water Department property located on Tinker Creek on certain terms and conditions. WHEREAS, by resolution of the Board of Supervisors of Roanoke County adopted on January 3, 1956, said Board of Supervisors has requested, inter alia, that the City convey to Roanoke County Sanitation Authority the perpetual easement hereinafter described; and WHEREAS, this Council's Sewage Committee has studied the request and has recommended in favor of the granting thereof; THEREFORE BE IT ORDAINED by the Council of the City of Roanoke that the proper City Officials be, and t, heY are hereby, authorized and directed, for and on behalf of the City, to execute a deed of easement conveying to the Roanoke County Sanitation Authority a perpetual easement for the construction and operatDn of a 15-inch sewer line and manholes, the said sewer line being along the approximate center of a 15-foot wide right of way running along the easterly side of Tinker Creek and crossing to and across said City-owned Water Department property at four (4) points, as shown on a Map of Proposed Roanoke County Sanitation Authority Sewer Line through Roanoke City Property located on Tinker Creek, dated November 10, 1955, to be attached to said deed; together with the right of ingress and egress for the purpose of repair, maintenance and servicing of said sewer line and manholes; said deed to be upon such form as is approved by the City Attorney but to reserve the right for the City to connect at any later time to said 15-inch sewer line without the payment of any connection charge, and to provide that the grantee will replace or pay for any trees, shrubbery, fences, walks, sod, dams, flumes or outhouses upon said property which may have been damaged in or about the construction and maintenance of said sewer line through said property. APPROVED Pre s ident 272 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of February, 1956. No. 12660. AN ORDINANCE permitting and licensing Nelson Hardware Company to encroach upon a portion of Gregory Avenue, N. E., to a limited extent, upon certain terms and conditions. WHEREAS, reference is hereby made to Ordinance No. 12527 passed by this Council on October 17, 1955, and also to a report dated January 6, 1956, which was made to it by a Committee of this Council, both of which relate to granting permission to Nelson Hardware Company to encroach upon the south side of Gregory Avenue to a limited degree; and WHEREAS, the Council approves the recommendation made by the Committee: THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke: 1. That insofar as the terms of Ordinance No. 12527 vary from, or are in conflict with, the terms of this Ordinance, then Ordinance No. 12527 is to that extent amended. Otherwise, it shall remain in full force and effect; 2. That Nelson Hardware Company be, and it is hereby, granted permission to encroach upon Gregory Avenue, N. E., to the extent of the slope from the excavation by Nelson of its real estate abutting on the south side of Gregory Avenue, N. E., such encroachment to extend easterly from llth Street to, or approximately to, Tinker Creek, but it shall not extend into Gregory Avenue for a greater depth than 10 feet.into the south side thereof; 3. That Nelson Hardware Company agrees to construct and maintain, at its own expense, an adequate guard rail fence along the top of the slope during the time that it is permitted to exercise the rights herein granted; 4. That Nelson Hardware Company, for and on behalf of itself, its successors and assigns, unconditionally agrees to defend and save harmless the City of Roanoke from any and all liability that may result from the exercise by it of the permission hereby granted; 5. That Nelson Hardware Company will covenant and agree, for and on behalf of itself, its successors and assignees, and as a covenant running with the real estate owned by said company abutting on Gregory Avenue, to build a wall as ~rovided for and contemplated in Ordinance No. 12527 and to restore the ground ~ack of the wall and in Gregory Avenue to its former level, all at its own expense, within 120 days after being notified or requested so to do by resolution of the City Council; 6. That all of the aforesaid permission so granted and granted by said ,ormer ordinance, shall be held and deemed to be a license merely, and shall be 'evocable at any time at the pleasure of the City Council as aforesaid; and 7. That Nelson Hardware Company prior to exercising any of the privileges granted by this Ordinance, shall, for and on behalf of itself, its successors and assigns, cause the original draft of this Ordinance, and a duplicate original thereof, to be signed by its proper officers under its corporate seal duly attested and acknowledged, as evidence of its agreement to and its acceptance of all and several the terms and conditions enumerated in this Ordinance, after which, the City Clerk is directed to cause said executed duplicate to be admitted to record in the Clerk's Office of the Hustings Court of the City of Roanoke. SIGNED and sealed in compliance with the terms and provisions of the foregoing Ordinance: NELSON HARDWARE COMPANY (A Virginia Corporation) Its (SEAL) ATTEST: , Secretary STATE OF VIRGINIA ) ) To-wit CITY OF ROANOKE ) I, ~.~W.~r,,.,u ~a,.c-~.e~a~-x--~_~ , a Notary Public in and for the City of Roanoke, Virginia, do hereby certify that C. H. Nelson and C. L. Nelson, Vice- ~ President and Secretary, respectively, of Nelson Hardware Company, whose names are signed to the within and foregoing Ordinance, personally appeared before me iland acknowledged the same in the City of Roanoke, Virginia. GIVEN under my hand this My commission expires: day of .'(%(%,~x~,c~ , 1956. N o t~r-y'-Pub 1 i c ~ lexCk ) APPROVED Pre s i~-ff~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of February, 1956. No. 12661. AN ORDINANCE authorizing the Local Director of Civil Defense to use portions of "Mountain View" for such purposes as the Civil Defense Authorities may deem necessary for the advancement of the over-all Civil Defense program for a period of time not to exceed ten and one-half years. WHEREAS, it has been brought to the attention of this Council that certain portions of "Mountain View", not presently used by the Department of Parks and Recreation, could be advantageously used by the office of Civil Defense for the 274 storage and installation of valuable equipment and for other Civil Defense purposes that would advance the over-all Civil Defense program and make the same more efficient; provided assurance is given that the same would be available for such purposes for a considerable period of time. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that those portions of "Mountain View", not presently used by the Department of Parks and Recreation be, and the same are, hereby placed under the complete management and authority of the Local Director of Civil Defense, to be used for such Civil Defense purposes as the proper Civil Defense Authorities may deem necessary for the promotion and advancement of the over-all Civil D~fense program, for the duration of the emergency and six months thereafter or for ten and one-half years, whichever is shorter; and the said Local Director of Civil Defense is hereby authorized, for and on behalf of the City of Roanoke, to execute requisite leases and contracts pursuant to which agencies of the Commonwealth of Virginia or of the United States of America officially co-operating with Civil Defense may use and occupy said premises or any portions thereof, not presently used by the Department of Parks and Recreation, during said period of time and for a purely nominal consideration. APPROVED Clerk President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of February, 1956. No. 12663. AN ORDINANCE to amend and reordain Section =21, "Circuit Court", of the 1956 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the immediate preservation of the public safety, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~21, "Circuit Court", of the 1956 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: CIRCUIT COURT ~21 Salary, Judge (1) ..................................... $ 4,890.17 Office Expense ........................................ 100.00 (1) State Law provides salary of $9,250.00 - one-half to be paid by Local Governments. Roanoke City's share is $2,435.77. City supplement for one month is $43.57 and for eleven months is $2,410.83. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of February, 1956. No. 12664. A RESOLUTION authorizing the continuance of pay to Captain Eugene I~. Meador; and providing for an emergency. WHEREAS, Captain Eugene W. Meador of the City's Fire Department was injured on the 2nd day of September, 1955, in the performance of his duties on the occasion of the fire at the Virginia Scrap Iron & Metal Co., and has since been unable to perform his duties, and is not expected to be able to perform such duties for quite some time from this date, because of said injury; and WHEREAS, under the ordinances and rules and regulations of the City, in this instance Captain Meador would ordinarily receive his usual pay during his convalescense for a period not to exceed sixty (60) days from the date of his injury; and WHEREAS, in the judgment of this Council this period of sixty days should be extended in this case; and ~qHEREAS, for the usual daily operation of the Fire Department of the City, an emergency is set forth and declared to exist. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the pay of Captain Eugene W. Meador be, and the same is ordered, continued during the period of his convalescence; not to exceed an additional period of sixty days from March 1, 1956, without a further directive of this Council. BE IT FURTHER RESOLVED that, an emergency existing, this Resolution shall be in effect on and after March 1, 1956. APPROVED IAT. EST: President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of February, 1956. No. 12665. A RESOLUTION authorizing and directing the Building Inspector to issue a permit, pursuant to the provisions of "The Sign Ordinance of the City of Roanoke, 1949", to J. S. and S. A. Barbour, Agents for the heirs of g. F. and L. A. Barbour, to replace a marquee on a certain building located at 418 - 2nd Street, S. WHEREAS, the City Planning Commission has recommended that this Council grant a request of J. S. and S. A. Barbour, Agents for the heirs of J. F. and L. A. Barbour, for permission to replace a marquee recently removed for repairs 276 from a certain building known as the Savoy Hotel and located at 418 - 2nd Street, S. W., the replacement of said marquee to be in accordance with certain detailed drawings thereof heretofore submitted and on file in the office of the City Clerk. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Building Inspector be, and he is hereby, authorized:and'directed, pursuant to the provisions of Section 9 of "The Sign Ordinance of the City of RoanOke, 1949", to issue a permit to J. S. and S. A. Barbour, Agents for the heirs of J. F. and L. A. Barbour, for the replacement of a marquee on. a certain building known as the Savoy Hotel, located at 418 - 2nd Street, S. W., the said marquee to be replaced in strict compliance with the plans and specifications therefor prepared by J. S..and S. A. Barbour, Agents, under date of January 21, 1956, and on file in the office of the City Clerk. AT,ST :_, APPROVED Presi IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of February, 1956. No. 12662. AN ORDINANCE vacating all of that part of a certain alley running through Blocki43, according to the Map of West End and Riverview Land and Manufacturing Company, as lies west of the present 24th Street (or Boulevard) S. W. WHEREAS, Club View Corporation and the Norfolk and Western Railway Company, the property owners adjoining on both sides of said alley, have presented to Council a written instrument signed and acknowledged in accordance with the provisions of Section 15-766.1 of the Code of Virginia of 1950, which instrument recites that said parties are the sole abutting property owners on both sides of the aforesaid alley running through Block 43, as shown on the Map of West End and Riverview Land and Manufacturing Company, lying west of 24th Street (or Boulevard) S. W., and which instrument was executed by said parties for the purpose of vacating said alley, to-wit: BEING all of the alley running through Block 43, according to the Map of West End and Riverview Land and Manufacturing Company, that lies west of the present 24th Street (or Boulevard) S. W. and WHEREAS, there are no other property owners in the vicinity whose rights or privileges will be abridged or destroyed by the vacating of said alley, and 'WHEREAS, under the provisions of Section 15-766.1 of the Code of Virginia, 1950, said alley may be permanently vacated by the filing for record of said written instrument providing it has been approved by the governing body of the City of Roanoke, Virginia, and 277 WHEREAS, by action of the Council of the City of Roanoke, Virqinia, on the 9th day of January, 1956, the matter was referred to the City Planning Commission for its recommendation, and WHEREAS, the Planning Commission had a public hearing on the 19th day of January, 1956, at which hearing there was no objection to the vacating of said alley and the Planning Commission recommended to the Council of the City of Roanoke, Virginia, that that portion of alley running through Block 43, according to the Map of West End and Riverview Land and Manufacturing Company, as lies west of 24th Street (or Boulevard) S. W., be vacated and closed, and WHEREAS, the Council of the City of Roanoke, Virginia, did on the 20th day of February, 1956, at 2:00 o'clock, p. m., in the Council Chamber for the City of Roanoke, Virginia, after due publication as required by law, hold a public hearing on the request of Club View Corporation and the Norfolk and Western Railway Company for the closing of that part of the alley running through Block 43, West End and Riverview Land and Manufacturing Company, as lies west of 24th Street (or Boulevard) S. W., to be closed and vacated, at which hearing there was no objection or expressed opposition, and WHEREAS, it further appears to the Council of the City of Roanoke, Virginia that Club View Corporation and the Norfolk and Western Railway Company have requested that said alley be vacated and that said Club View Corporation has agreed to bear the cost of the proceedings. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that it officially expresses its approva! of the vacating of that portion of the alley running through Block 43, according to the Map of West End and Riverview Land and Manufacturing Company, as lies west of 24th Street (or Boulevard) S. W., to be closed and vacated and more particularly described as follows: All that portion of the alley running through Block 43, according to the Map of West End and Riverview Land and Manufacturing Company, as lies west of 24th Street (or Bouevard) S. W. BE IT FURTHER ORDAINED that all right, title and interest of the City of Roanoke, Virginia, and the public in and to said alley be, and hereby are released insofar as this Council is empowered so to do, the City of Roanoke, however, reserving to itself a public easement to that portion of the alley in which there now may be installed sewer lines, water mains or storm drains and reserving further the right of ingress and egress for maintenance, repair and construction of the same. BE IT FURTHER ORDAINED that the City Engineer be, and he is hereby directed to mark "Permanently Vacated, Ordinance No. 12662, dated February 27, 1956", all of that portion of the alley extending through Block 43, according to the Map of West End and Riverview Land and Manufacturing Company, as lies west of 24th Street (or Boulevard) S. W., on all maps or plats on file in the office of the Engineer of the City of Roanoke on which maps or plats said alley is shown, referring to the book and page number of the Ordinances and Resolutions of the Council of the City of Roanoke, Virginia, wherein this Ordinance shall be 278 spFead, and referring to the deed book and page number in the Clerk's Office of the Hustings Court for the City of Roanoke, Virginia, where the aforesaid instrument signed by the abutting property owners is filed for recordation. BE IT FURTHER ORDAINED that the Clerk of this Council be, and he is hereby directed to deliver to the Clerk of the Hustings Court for the City of Roanoke, Virginia, a copy of this Ordinance in order that said Clerk may make proper notations on all maps or plats recorded in his office upon which said alley is shown and that said Clerk of this Council be, and he is hereby directed to furnish to Club View Corporation and the Norfolk and Western Railway Company a certified copy of this Ordinance to be attached to the aforesaid written instrument for filing for record in the Clerk's Office of the Hustings Court for the City of Roanoke, Virginia. ATTEST:. APPROVED Pre s~- IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of February, 1956. No. 12666. AN ORDINANCE to amend and reordain Section ~111, "Parks and Recreational Areas", of the 1956 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Department of Parks and Recreation of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~111, "Parks and Recreational Areas", of the 1956 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: PARKS AND RECREATIONAL AREAS glll Repairs ............................................... $ 10,125.00 Capital. Outlay Folding doors for "Mountain View" ................... 375.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Pre s~e-nt IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of February, 1956. No. 12667. 279 WHEREAS, for the immediate preservation of the public safety, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~62, "Fire Department", of the 1956 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: FIRE DEPARTMENT ~62 Capital Outlay Fire Alarm Building ................................... $ 6,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Pre s i'cl~ n't .... IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of February, 1956. No. 12668. AN ORDINANCE directing and providing for the holding of a referendum in the City of Roanoke, Virginia, to take the sense of the freehold voters of the City on the proposal to amend subsection (1) of Sec. 2. Powers of the City., the Charter of the City of Roanoke, as amended, so as to authorize the Council of the City of Roanoke, in its discretion, annually to exceed the over-all tax limitations contained in said subsection by additions not to exceed fifty cents (50¢) on the $100.00 of assessed value of real and personal property in said City for public school purposes; and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal government, an emergency is set forth and declared to exist in order that this Ordinance may take effect upon its passage; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: of 1. An election shall be held in the City of Roanoke on the 12th day of June, 1956, to take the sense of the freehold voters of the City on the following proposition: Shall subsection (1) of Sec. 2. Powers of the City., of the Charter of the City of Roanoke, as amended, be amended so as to authorize the Council of the City of Roanoke, in its discretion, annually to exceed the over-all tax limitations contained in said subsection by additions not to exceed fifty cents (50¢) on the $100.00 of assessed value of real and personal property in said City for public school purposes? 2. The Sergeant of the City of Roanoke and the judges of election hereinafter designated are hereby directed to open polls at the several voting places in the City of Roanoke on the 12th day of June, 1956, for the purpose 286 proposal to amend subsection (1) of Section 2. Powers of the City., of the Charter of the City of Roanoke, as amended; 3. The Sergeant of the City of Roanoke is hereby directed to give public information of said election, setting forth the time and place thereof by publishing a notice of the same in a newspaper of general circulation in said City and published in said City, for the space of ten days, and by posting a copy thereof at each of the voting places in said City at least ten days before the date of said election; 4. The judges and clerks for the several voting precincts in the City of Roanoke are hereby appointed to conduct said election, and in case of failure of any one or more of them to act, then the place or places of such shall be filled in the manner provided for in case of regular elections; 5. The electoral board of the City of Roanoke shall, at least ten days prior to the date of the election herein provided for, have printed proper ballots to be voted at said election, and such ballot shall be in the following form: CITY OF ROANOKE PROPOSED CHARTER AMENDMENT REFERENDUM OF JUNE 12, 1956 QUESTION: Shall subsection (1) of Sec. 2. Powers of the City., of the Charter of the City of Roanoke, as amended, be amended so as to authorize the Council of the City of Roanoke, in its discretion, annually to exceed the over-all tax limitations contained in said subsection by additions not to exceed fifty cents (50¢) on the $100.00 of assessed value of real and personal property in said City for public school purposes? 6. The ballot shall be prepared in conformity with the provisions of Section 24-141 Code of Virginia, 1950, and each voter shall mark his ballot in the manner prescribed by said section. Such ballots shall be delivered to the judges of election, for use in the said election, in the same manner as ballots are delivered to the judges of election in regular elections; 7. Said election shall be conducted in the manner prescribed by law for the conduct of regular elections; 8. The judges of election shall immediately after the closing of the polls count the ballots deposited and shall within two days thereafter make written return of the result of said election to the City Clerk, specifying the number of votes cast for and the number of votes cast against the question voted seal up the ballots and within two days after closing the polls transmit the same to the City Clerk to be kept among the archives of the Council, and said ballots shall remain sealed during the space of twelve months thereafter without the order of Council; 9. That, an emergency existing, this Ordinance shall be in full force and effect from its passage. APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of March, 1956. No. 12671. AN ORDINANCE amending Chapter 38. Public Buildings in General, of the ~ Code of the City of Roanoke by the addition of a new section establishing a schedule of charges for the use of certain public buildings known as Rockledge Inn and Mountain View; and providing for an emergency. WHEREAS, for the usual daily operation of the Department of Parks and Recreation, an emergency is hereby declared to exist in order that this Ordinance may take effect upon its passage; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Chapter 38. Public Buildinqs in General, of the Code of the City of Roanoke be, and it is hereby, amended by the addition of a new section, to be numbered Sec. 5., to read and provide as follows: Sec. 5. Charqes for the use of Rockledqe Inn and Mountain View The following charges shall be made and collected by the Department of Parks and Recreation prior to the issuance of a permit for the use thereof by other than a State or municipal agency: Rockledge Inn, for each day's or night's use ...................................... $25.00 Mountain View, for each 3 hours' use after 9 o'clock, p. m., daily, and on Saturdays, Sundays and holidays ............................. 3.50 If the use of any such building be under the auspices of a purely charitable, educational, character-building or recreational organization and no charge be made for admission to said building nor collection taken among persons in attendance, the City Manager may, upon proof of such fact, certify to said department that such use of said building by such organization shall not be subject to the charge hereinabove provided. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in full force and effect from its passage. APPROVED liEPEALED By No.k 282 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of March, 1956. No. 12672. AN ORDINANCE to amend and reordain Section =31, "Juvenile.Detention Home", of the 1956 Appropriation Ordinance, and providing for an emergency. - ~HEREAS, for the immediate preservation of the public safety, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section g31, "Juvenile Detention Home", of the 1956 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: JUVENILE DETENTION HOME ~31 Capital Outlay 1 Movie Projector (2) ............................... $ 425.00 (2) 100% reimbursed by State. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED Pre s ident IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of March, 1956. No. 12673. AN ORDINANCE providing for the installation of certain traffic counters at various locations in the City; and providing for an emergency. ~HEREAS, for the immediate preservation of the public safety, an emergency is hereby 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 City Officials be, and they are hereby, authorized and directed, for and on behalf of the City, to enter into a written agreement with the Commonwealth of Virginia, Department of Highways, through its Highway Commission, pursuant to which said Commission will agree to purchase and install three (3) permanent traffic counters, one to be located on the south leg of the new Norfolk and ~estern Railway Company's Overpass for traffic approaching from Salem Avenue, one to be located on the southwest leg of said Overpass for traffic approaching from Jefferson Street and the third to be located on the north leg of said Overpass for traffic approaching from ~ells Avenue; said agreement further to provide that said traffic counters shall be purchased and shall remain the property of the Commission, who shall furnish all replacement parts and bear the cost of repairing any damage caused by fire, storm, vandalism or accident or resulting from wear and obsolescence; and under which agreement the City will agree to supply all necessary electrical service outlets including wiring and meters, for the proper ~ installation of such counters, all electrical service necessary for the operation ~ of the same, and will maintain said counters in a satisfactory operative condition, and will, further, maintain records of traffic counts showing counter location, date, hour and day of week and will furnish the Commission with two (2) copies of such records at least once each month in the form and manner prescribed by the Commission; the location of such counters to be changed and the number of counters increased or decreased by written agreement subsequently to be entered into between the parties and the entire agreement to remain in full force and effect between the parties until thirty (30) days after receipt of notice by one party from the other of its intention to cancel. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in full force and effect from its passage. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of March, 1956. No. 12675. 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 Electric Power Company be, and it is hereby authorized to install the following street lights: GROUP I One 2500 lumen overhead incandescent street light in the middle of the 600 block of McDowell Avenue, N. One 2500 lumen overhead incandescent street light at Watts Avenue and Twelfth Street, N. One 2500 lumen overhead incandescent street light at Cove Road and Golfside Avenue, N. One 2500 lumen overhead incandescent street light at Hershberger Road and Peters Creek Road, N. GROUP II One 2500 lumen overhead incandescent street light at the corner of Mountain Avenue and First Street, S. One 2500 lumen overhead incandescent street light at Northview Drive and York Road, S. One 2500 lumen overhead incandescent street light at Fairway Drive and York Road, S. W. On~ 2~00 lumen avmwh~nd ina~n~nt ct~t l~nht 284. GROUP III One 2500 lumen overhead incandescent street light at the corner of Kefauver Road and Adrian Street, S. E. Said lights to be maintained under the contract existing between the Appalachian Electric Power Company and the City of Roanoke. APPROVED ATTEST: Presi~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of March, 1956. No. 12676. A RESOLUTION requesting the State Water Control Board, as expeditiously as possible, to discontinue issuing or renewing certificates for the discharge of sewage, industrial wastes and other wastes into the Roanoke River and its tributaries within and west of the City of Roanoke; and providing for an emergency. WHEREAS, the City of Roanoke has heretofore, at a cost of $4,000,000.00, constructed its own large sewage disposal plant and a system of sewer interceptor lines along Roanoke River and Tinker Creek within the corporate limits of the City, and in the case of Roanoke River, extended said interceptor lines westerly through a portion of Roanoke County to the property of the Veterans Administration Hospital, for the purpose of aiding in the cleaning and purifying of the waters of Roanoke River; and WHEREAS, the Town of Vinton, contiguous to and below said City on Roanoke River, has likewise, at large expense, constructed and placed in operation its own sewage disposal plant and system of interceptor lines in order that the sewage and wastes generated within its corporate limits be no longer discharged, untreated, into the waters of Roanoke River and Tinker Creek; and WHEREAS, the Town of Salem also at great cost and expense, has constructed sewer interceptor lines within and below its boundaries connecting with the City's aforementioned interceptor line terminating at the Veterans Administration Hospital property and, by contract dated the 16th day of October, 1953, between said Town and the City, has arranged for said City' to transport all wastes originating within the boundaries of said Town, through the City's aforementioned interceptor line, and to treat said wastes at the City's sewage treatment plant; and WHEREAS, the County of Roanoke, by contract dated the 28th day of Septembe] 1954, between said County and the City of Roanoke, has arranged for the City to transport and treat wastes originating, in a number of heavily populated areas of said County and, in order that this might be done, has, at great expense, caused interceptor lines connecting with the aforesaid interceptor lines of the WHEREAS, as a result of the progress made in the premises by the aforesaid four political subdivisions of the Commonwealth the overwhelming majority of wastes formerly entering the Roanoke River and its tributaries in the City of Roanoke and to the west thereof have been diverted through such interceptor lines and properly treated prior to being returned to the river below the City; and WHEREAS, there are, nevertheless, within the City of Roanoke and to the west thereof individuals and/or corporations holding certificates, issued by the State Water Control Board, authorizing the discharge of sewage, industrial wastes and other wastes into the Roanoke River or its tributaries and, pursuant to such authorization, continue to so discharge such wastes; and WHEREAS, so long as any such discharge is continued the said river and its tributaries, necessarily, cannot be properly cleaned and purified despite the costly efforts of the aforesaid four political subdivisions to do so; and WHEREAS, for the immediate preservation of the public health and safety, an emergency is set forth and declared to exist. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the State Water Control Board be, and it is hereby, respectfully requested, as expeditiously as possible, to discontinue issuing or renewing certificates for the discharge of sewage, industrial wastes and other wastes into the Roanoke River and its tributaries within and west of the City of Roanoke; 2. That the Clerk of this Council be, and he is hereby, directed to transmit an attested copy of this Resolution to the Clerks of the Towns of Salem and Vinton and of the County of Roanoke, in the hope that the governing bodies of said political subdivisions may, likewise, petition the aforesaid Board; 3. That a copy of this Resolution be forthwith transmitted to the State Water Control Board; and 4. That, an emergency existing, this Resolution shall be in full force and effect from its passage. APPROVED ATTEST: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of March, 1956. No. 12677. A RESOLUTION amending the contract of October 16, 1953, between the City of Roanoke and the Town of Salem dealing with the treatment of domestic and commercial wastes; and providing for an emergency. 286 WHEREAS, the Council of the Town of Salem Virginia, by a proper Resolution, adopted on the 13th day of February, 1956, requested the City of Roanoke to amend the contract of October 16, 1953, between the City of Roanoke and the Town of Salem dealing with the treatment of domestic and commercial wastes, to the extent only that said contract is hereinafter amended; which request is agreeable to this Council; and' WHEREAS, for the immediate preservation of the public health and safety, an emergency is set forth and declared to exist. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the contract of October 16, 1953, between the City of Roanoke and the Town of Salem dealing with the treatment of domestic and commercial wastes be, and the same is hereby, amended in the following respects only, viz.: (a) That the following described area of land be added to, and included in, said contract to the full extent as if said area were therein set out in extensio: SALEM - AREA B: BEGINNING at the south corporate limits of the Town of Salem on the west side ~f Virginia Route 119; thence with the west side of Virginia Route 119 in a southerly direction to the intersection of same with State Secondary Route 685; thence with State Route 685 in a westerly direction to a point in same, being a common corner to the properties of Hidden Valley Country Club, Inc., and S. L. Sweeney; thence leaving said State Secondary Route 685 and with a new line through and across the property of the Hidden Valley Country Club, Inc., N. 84° 15' W. 4200 feet, more or less, to a common corner between the properties of Hidden Valley Country Club, Inc., W. C. Edwards and I. B. Radford; thence with the line of I. B. Radford and W. C. Edwards S. 79° 25' ~. 850 feet, more or less, to a point in the center line of a new 50-foot road, a common corner between the properties of I. B. Radford, ~. C. Edwards and R. L. Stewart; thence with the center line of new road N. 24° 30' E. crossing Upland Drive at 1606.3 feet, in all 1856.3 feet to a point 300 feet, more or less, north of Upland Drive; thence with a line 300 feet north of Upland Drive in an easterly direction to a point 300 feet west of the intersec- tion of Upland Drive and Orchard Road; thence with a line 300 feet west of Orchard Road in a northerly direction to the outside boundary line of Orchard Heights =2, as recorded in Plat Book 2, page 201; thence with same the following courses and distances; N. 7° 44' W. 505.3 feet; N. 76° 56' E. 515.88 feet; N. 50° 03' E. 541.62 feet; N. 88° 03' E. 371.72 feet; N. 83° 08' E. 297.0 feet; N. 85° 07' E. 699.08 feet; N. 88° 57' E. 202.20 feet; S. 75° 28' E. 392.80 feet to the corporate limits of the Town of Salem; thence with same to the place of BEGINNING. (b) 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 City's interceptor sewer, may also be delivered to, and treated by, the City in accordance with said contract; (c) That in all other respects said contract shall remain in full force and effect. 2. That the City Clerk be, and he is hereby, directed to mail two attested copies of this Resolution to Douglas W. Ayres, Town Clerk, Salem, Virginia 3. That, an emergency existing, this Resolution shall be in full force from its passage. APPROVED ATTEST: President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of March, 1956. No. 12678. AN ORDINANCE amending and re-enacting Section 3. Privately Owned Trucks, Trailers, Etc., of Ordinance No. 12331, heretofore adopted on the 28th day of February, 1955, relating to annual license taxes on certain motor vehicles and certain motor vehicle carriers; and providing for an emergency. WHEREAS, Council deems it necessary for the financial operation of the municipal government that provision be made for imposing the annual license tax herein after provided on certain trucks, tractor trucks, trailers, semi-trailers and auto wagons not designed and used for the transportation of passengers, the said tax to be effective for the period from April 1, 1956, through March 31, 1957, and for each successive year thereafter; and WHEREAS, for the usual daily operation of the several departments of the municipal government, an emergency is hereby declared to exist in order that this Ordinance may take effect from its passage; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section 3. Privately Owned Trucks, Trailers, Etc,, of Ordinance No. 12331 heretofore adopted on the 28th day of February, 1955, imposing an annual license tax on certain privately owned trucks, trailers, etc., be, and the same is hereby amended and re-enacted so as to provide as follows: 3. Trucks, Tractor Trucks, Trailers, Semi-trailers, Auto Waqons, etc. On each truck, tractor truck, trailer, semi- trailer and auto wagon, not designed and used for the transportation of passengers, operated on the streets of the City, there shall be paid an annual license tax of ...................... $ .30 per one hundred pounds of weight, or major fraction thereof, which said weight shall be the empty weight of said vehicle as shown on the registration card issued for the same by the Division of Motor Vehicles; provided, however, that in no case shall the license tax be less than ............................... $9.00 BE IT FURTHER ORDAINED that the tax imposed by this Ordinance shall become and be effective for the period from April 1, 1956, to March 31, 1957, both inclusive, and for each successive year thereafter. 287 BE IT FURTHER ORDAINED that all other parts and sections of the aforesaid Ordinance No. 12331, and'amendments thereto, which are not herein expressly amended, shall continue to be in full force and effect. BE IT FINALLY ORDAINED that, an emergency existing, this Ordinance shall become effective upon its passage. APPROVED Presi~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The §th day of March, 1956. No. 12679. AN ORDINANCE authorizing the Si'nking Fund Commission of the City of Roanoke to invest and reinvest certain money in the General and several special funds of said City when such money is or becomes available for the purpose in such United States securities and City of Roanoke Bonds as the Sinking Fund Commission deems advisable; directing that the securities so purchased shall be under the control of the Sinking Fund Commission; authorizing the securities so purchased, at the direction of the Sinking Fund Commission, to be held by the bank through which said securities were purchased; authorizing the Sinking Fund Commission to accept the bank's receipt for any securities purchased, and the City Treasurer to hold such receipt, in lieu of such securities; authorizing and directing said Commission to sell such of the securities so purchased at such times when in the discretion of the Sinking Fund Commission such sales are deemed to be advisable and will permit redeposit of sufficient money (together with earned interest) to the respective funds to pay all checks lawfully drawn against such funds when presented; and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government, an emergency is set forth and declared to exist in order that this Ordinance may take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the Sinking Fund Commission of the City of Roanoke be, and said Commission is hereby, authorized and directed to invest and reinvest certain money in the General and several special funds of said City when .such money is or becomes available for the purpose in such United States securities and City of Roanoke Bonds as the Sinking Fund Commission deems advisable; 2. That the securities so purchased shall be under the control of the Sinking Fund Commission; 3. That the securities so purchased, at the discretion of the Sinking Fund Commission, may be held by the bank through which said securities were purchased and that the Sinking Fund Commission be, and it is hereby, authorized ~ accept such bank's receipt for any securities purchased through it, which said receipt the City Treasurer is directed to hold, in lieu of such securities; 4. That the said Sinking Fund Commission be, and it is hereby, authorized and directed to sell such of the securities so purchased at such times when, in the discretion of the said Commission, such sales are deemed to be advisable and will permit redeposit of sufficient money (together with earned interest) to the respective funds to pay all checks lawfully drawn against such funds when presented; 5. That, an emergency existing, this Ordinance shall be in force from its passage. ATTEST: APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of March, 1956. No. 12669. AN ORDINANCE to amend and reenact Article I, Section 1, of Chapter 51 of the Code of the City of Roanoke, Virginia, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke, Virginia, to have the property located on the westerly side of 'Larchwood Street, as shown on the Map of Union Stock Yard Corporation, which is of record in the Clerk's Office of the Circuit Court of Roanoke, County, Virginia, in Deed Book 195, page 402, described as Lots 1, 2, 3 and 4, Block 1, Official Nos. 3110801 to 3110804, both inclusive; Lots 1 to 7, both inclusive, Block 2, Official Nos. 3110901 to 3110907, both inclusive; and Lots 1 to 19, both inclusive, Block 3, Official Nos. 3111001 to 3111019, both inclusive, rezoned from General Residence District to Light Industrial District; and also to have the property located on the easterly side of Larchwood Street and west of Patrick Henry Avenue, asshown on said Map of Union Stock Yard Corporation, described as Lots 1 to 9, both inclusive, Block 4, Official Nos. 3111101 to 3111109, both inclusive, and Lots 1 to 6, both inclusive, Block 5, Official Nos. 3111201 to 3111206, both inclusive, rezoned from General Residence District to Heavy Industrial District; and WHEREAS, the City Planning Commission has recommended that the above described property be rezoned as requested; and WHEREAS, notice required by Article XI, Section 43, of Chapter 51 of the Code of the City of Roanoke, Virginia, relating to Zoning, has been published in The Roanoke World-News, a newspaper published in the City of Roanoke, for the time required by said section; and WHEREAS, the hearing as provided for in said notice published in said 296 at which hearing no objections were presented by property owners and other interested parties in the affected area; and WHEREAS, this Council, after considering the application and the evidence both for and against said rezoning, is of the opinion that the above property should be rezoned as requested. THEREFORE, BE IT ORDAINED by the Council of.the City of Roanoke that Article I, Section 1, of Chapter 51, of the Code of the City of Roanoke, Virginia, relati'ng to Zoning, be amended and reenacted in the following particulars and no others, viz: (a) Lots 1, 2, 3 and 4, Block 1, Official Nos. 3110801 to 3110804, both inclusive. Lots 1 to 7, both inclusive, Block 2, Official Nos. 3110901 to 3110907, both inclusive. Lots 1 to 19, both inclusive, Block 3, Official Nos. 3111001 to 3111019, both inclusive. be and the same are hereby changed from General Residence District to Light Industrial District, and the Map herein referred to shall be changed in this respect. (b) Lots 1 to 9, both inclusive, Block 4, Official Nos. 3111101 to 3111109, both inclusive. Lots i to 6, both inclusive, Block 5, Official Nos. 3111201 to 3111206, both inclusive. be and the same are hereby changed from General Residence District to Heavy Industrial District, and the Map herein referred to shall be changed in this respect. APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of March, 1956. No. 12670. AN ORDINANCE vacating, discontinuing and closing Patrick Henry Avenue, N. E., throughout its length over the land embraced within the Map of Union Stockyard Corporation, and Lone Oak Avenue east of Larchwood Street, N. E., and approving deed vacating the same. WHEREAS, W. Clayton Lemon, William B. Draper and Rose M. Rice are the owners of all land shown on Map of Union Stock Yard Corporation, dated April 11, 1930, and of record in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 195, page 402; and WHEREAS, said owners have agreed to the closing and vacation of that part of Patrick Henry Avenue, N. E., which is located within the boundary of the land shown on the Mao of Union Stock Yard Corporation, and also Lone Oak Avenue, N. E., from its intersection with Larchwood Street (formerly Wilson Avenue) to Patrick Henry Avenue, as the same appears on said map, and to the re-location of Patrick Henry Avenue, as shown on Plan No. 4162, dated January 26, 1956, in the office of the City Engineer; and WHEREAS, an application was made to City Council by said owners for approval of said agreement, and thereafter said agreement was approved by the City Planning Commission, to whom the matter was referred by City Council for investigation and report; and WHEREAS, W. Clayton Lemon and Ruth B. Lemon, his wife, William B. Draper and Lewis Frye Draper, his wife, and Rose M. Rice (widow) have executed a deed, pursuant to Section 15-766.1 of the Code of Virginia, wherein said agreement is ful~ set forth; and WHEREAS, notice of a hearing on the application has been duly and timely published in "The Roanoke World-News", a newspaper published in the City of Roanoke; and WHEREAS, the hearing as provided in said notice published in said news- paper was held on March 5, 1956, at 2:00 o'clock, p. m., before the Council of the City of Roanoke, in the Council Room in the Municipal Building, at which hearing no objections were presented by property owners and other interested parties in the affected area; and WHEREAS, this Council, after considering the application and the evidence both for and against the same, is of the opinion that said application and deed should be approved. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that this body officially expresses its approval of the vacation and closing of the hereinafter ~escribed streets situate in the City of Roanoke: Patrick Henry Avenue, N. E., throughout its length over the land embraced within the Map of Union Stock Yard Corporation, dated April 11, 1930, and Lone Oak Avenue, N. E., east of Larchwood Street (formerly Wilson Avenue) as shown on said map; and that all right, title and interest of the City of Roanoke and of the public in the above described streets are hereby released insofar as this Council is empowered so to do, the City of Roanoke, however, reserving thereto its public easement in, through and under said streets for such sewer lines, storm drains and water mains as may presently exist in said streets, together with the right of ingress and egress for the maintenance and repair of such utility facilities as may now exist in said streets. BE IT FURTHER ORDAINED that the City Engineer be directed to mark "permanently vacated, discontinued and closed" the above described portions of said streets on all maps and plats on file in his office upon which said streets may be shown with appropriate references to the book and page of resolution and ordinance of this Council wherein this ordinance shall be spread and to the book and page of the deed book in the Clerk's Office of the Hustings Court of 292 BE IT FURTHER ORDAINED that the deed entered into between ~. Clayton Lemon and Ruth B. Lemon, his wife, ~illiam B. Draper and Lewis Frye Draper, his wife, and Rose M. Rice, dated January 31, 1956, vacating said parts of said streets, pursuant to Section 15-766.1 of the 1950 Code of Virginia, be, and the same is, hereby approved, except, that the streets mentioned therein shall remain open temporarily until all covenants in said deed contained with respect to grants to the City of Roanoke of land for street widening and street relocation have been performed. BE IT FURTHER ORDAINED that the Clerk of this Council deliver to C. E. Hunter, Esquire, Attorney for the abutting landowners, a certified copy of this ordinance to be attached to the aforesaid written instrument, signed by the abutting owners and to be filed for record with the same in the Clerk's Office of the Hustings Court of the City of Roanoke. ATTEST: APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of March, 1956. No. 12674. AN ORDINANCE providing for the acquisition of certain land to be used for the purpose of connecting Short Avenue, N. E., and Pocahontas Avenue, N. E., at a purchase price of $1,375.00. ~HEREAS, Council deems it necessary and to the best interest of the public to acquire the land hereinafter described in order to provide a connection between Short Avenue, N. E., and Pocahontas Avenue, N. E.; and ~HEREAS, upon an appraisal of the value of said land, the City Manager has recommended its acquisition for the purchase price hereinafter provided, the same to be paid out of funds heretofore appropriated by the Council for Street Construction'- Rights of Nay; and ~HEREAS, Council is advised that the owner of said land is agreeable to the City's acquisition thereof upon the terms herein provided; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the proper City Officials be, and they are hereby, authorized and directed to acquire from Mrs. Claudine ~. McConkey, or the lawful owner thereof, the following described parcel of land situate in the City of Roanoke, to-wit: BEGINNING at a point on the north line of Short Avenue, N. E., said beginning point being located S. 83° 06' E. 135.0 feet from the present northeast corner of ~illiamson Road and Short Avenue, said point also be- ing corner to Lots 1 and 4, Block U, Map of Williamson Groves; thence, with a new line through and across Lots 4, 5 and 6 of the aforasaid Block U. N. 66° 30' E. 148.92 feet to an angle point; thence, S. 89° 58' E. 5.06 feet to a point on the east line of Lot 6 and on the north line of Pocahontas Avenue, N. E., extended westerly; thence, with the east line of Lot 6, S. 13° 44' W. 76.54 feet to Short Avenue; thence, No 83° 06' W. 124.4 feet to the place of BEGINNING; containing 4,876.0 square feet, more or less, and Being a portion of Lots 4, 5 and 6, Block U, Map of the Williamson Groves, said map being of record in Plat Book 1, pages 316 and 317, in the Clerk's Office of the Circuit Court of Roanoke County, Virginia; at a purchase price of $1,375.00, cash, the same to be paid out of funds hereto- fore appropriated for, Street Construction - Rights of Way, a conveyance of said land to be made to the City in fee simple upon such form of deed as is approved by the City Attorney, and containing General Warranty of title and modern english covenants of title. APPROVED ATTEST: President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of March, 1956. No. 12680. AN ORDINANCE to amend and reenact Article I, Section 1, of Chapter 51 of the Code of the City of Roanoke, Virginia, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have those tracts or parcels of land located in the City of Roanoke, State of Virginia, described as follows: (1) Three tracts located on the southerly side of Brandon Avenue and designated as Official Lots No. 1270721, 1270402 and 1270403. (2) That certain tract containing approximately 4.67 acres lying on the southerly side of Brandon Avenue and designated as Official Lot No. 1250928. (3) That certain tract containing 24.85 acres lying on the northerly side of Colonial Avenue and consisting of Official Lot No. 1270719; Lots 21, 22 and 23, Section 5, Winona Addition, designated as Official Lots No. 1270121, 1270122 and 1270123, respectively; the northerly part of Lots 19 and 20, Section 5, Winona Addition, designated as Official Lots No. 1270144 and 1270145, respectively, rezoned from General Residence District to Business District; and WHEREAS, the City Planning Commission has recommended that the above parcels of land be rezoned from General Residence District to Business District as requested; and WHEREAS, notice required by Article XI, Section 43, of Chapter 51 of the Code of the City of Roanoke, Virginia, relating to Zoning, has been published in The Roanoke World-News, a newspaper published in the City of Roanoke, for the time required by said section; and WHEREAS, the hearing as provided for in the said notice published in the said newspaper was held on the 5th day of MarCh, ~956, at 2:00 o'clock, p. m., before the Council of the City of Roanoke, in the Council Room in the Municipal Building, at which hearing evidence both for and against said rezoning was presented by property owners and other interested parties in the affected area; and WHEREAS, this Council, after considering the'application for rezoning, is of the opinion that the above parcels of land should be rezoned as requested. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Article I, Section 1, of Chapter 51 of the Code of the City of Roanoke, Virginia, relating to Zoning, be amended and reenacted in the following particular and no other, viz: The following tracts or parcels of land located in the City of Roanoke, Virginia, described as follows: (1) Three tracts located on the southerly side of Brandon Avenue and designated as Official Lots No. 1270721, 1270402 and 1270403. (2) That certain tract containing approximately 4.67 acres lying on the southerly side of Brandon Avenue and designated as Official Lot No. 1250928. (3) That certain tract containing 24.85 acres lying on the northerly side of Colonial Avenue and consisting of Official Lot No. 1270719; Lots 21, 22 and 23, Section 5, Winona Addition, designated as Official Lots No. 1270121, 1270122 and 1270123, respectively; the northerly part of Lots 19 and 20, Section 5, Winona Addition, designated as Official Lots No. 1270144 and 1270145, respectively. be, and are hereby changed from General Residence District to Business District, and the Zoning Map shall be changed in this respect. APPROVED p r e s~ru-en ~ ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of March, 1956. No. 12681. A RESOLUTION accepting the proposal of Shackelford-Cox Truck and Machinery Company, Roanoke, Virginia, for furnishing the City of Roanoke three I 1/2-ton trucks in the total amount of $8,773.44 net; authorizing and directing the Purchasing Agent to purchase the trucks in accordance with said proposal; and providing for an emergency. WHEREAS, bids have heretofore been received from interested suppliers for the sale to the City of Roanoke of three 1 1/2-ton trucks, all of which said bids were heretofore opened and publicly read in the office of the City Purchasing Agent on March 9, 1956, and, thereafter, were reported to the Council of the City of Roanoke, and WHEREAS, it appears from a tabulation of said bids that the bid of Shackelf Cox Truck and Machinery Company, Roanoke, Virginia, for furnishing the trucks, in the total amount of $8,773.44 net, is the lowest and best bid received on the trucks, and this Council is of the opinion that the proposal of said Shackelford- Cox Truck and Machinery Company should be accepted, and WHEREAS, for the usual daily operation of the Department of Public Works of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the proposal of Shackelford-Cox Truck and Machinery Company, Roanoke, Virginia, for furnishing the City of Roanoke three 1 1/2-ton trucks in the total amount of $8,773.44 net, is hereby determined and declared to be the best bid therefor and the same is hereby accepted. 2. That R. B. Moss, Purchasing Agent, be, and he is hereby authorized and directed to purchase the trucks in accordance with said proposal. 3. That, an emergency existing, this Resolution shall be in force from its passage. ATTEST: APPROVED Pre~n( IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of March, 1956. No. 12682. AN ORDINANCE.to amend and reordain Section ~60, "Police Department", of the 1956 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the immediate preservation of the public safety, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~60, "Police Department", of the 1956 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: POLICE DEPARTMENT ~60 Maintenance of Parking Meters ........................... $ 4,149.13 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED Pr e~q~ ,rd- IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of March, 1956. No. 12683. A RESOLUTION accepting the proposal of Hartman Construction Company, Roanoke, Virginia, for the construction of concrete sidewalk and concrete curb and gutter at various locations in the City of Roanoke in the total sum of $79,500.00; authorizing and directing the City Manager to execute the requisite contract; and providing for an emergency. WHEREAS, a committee composed of Mr. Arthur S. Owens, City Manager, Mr. John L. Wentworth, Director of Public Works, and Mr.. H. Cletus Broyles, City Engineer, upon the request of the Council of the City of Roanoke, has tabulated bids heretofore received for the construction of concrete sidewalk and concrete curb and gutter at various locations in the City of Roanoke, and WHEREAS, it appears from said tabulation that the bid of Hartman Constructi, Company, Roanoke, Virginia, in the total sum of $79,500.00, is the lowest and best bid received for the construction of the concrete sidewalk, curb and gutter, and WHEREAS, this Council is of the opinion that the proposal of Hartman Construction Company, Roanoke, Virginia, should be accepted and that a contract for the project should be so awarded to said Company, and WHEREAS, for the usual daily operation of the Department of Public Works, an emergency is declared to exist. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the bid of Hartman Construction Company, Roanoke, Virginia, for the construction of Concrete sidewalk and concrete curb and gutter at various locations in the City of Roanoke, is hereby determined and declared to be the best bid therefor; and that a contract for said project be forthwith executed in the sum of $79,500.00. 2. That Arthur S. Owens, City Manager, be, and he is hereby authorized and directed, for and on behalf of the City of Roanoke, to execute the contract herein provided for. 3. That, an emergency existing, this Resolution shall be in effect from its passage. APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of March, 1956. No. 12684. AN ORDINANCE WHEREAS, Mr. J. B. Harris has offered to convey unto the City a strip of land containing approximately .37 acre for the future widening of Tyree Avenue, in the City of Roanoke; and WHEREAS, the City Manager and the City Engineer have recommended the acceptance of such conveyance; and WHEREAS, for the usual daily operation of the Engineering Department, an emergency is set forth and declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Clerk be, and he is hereby authorized and directed to receive from Mr. J. B. Harris a deed, upon form approved by the City Attorney, conveying unto the City of Roanoke the following described real estate, to be used for the future widening of Tyree Avenue and to admit said deed to record in the Clerk's Office of the Hustings Court of the City of Roanoke, Virginia, viz.: BEGINNING at~ a point on the present south line of Tyree Avenue, said point being at the present northwest corner of Lot 1 of the Tyree Addition, said Map being of record in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 284, page 150; thence with the pres- ent south line of Tyree Avenue in an easterly direction 885.96 feet to the present northeast corner of Lot 17, of the aforesaid map; thence with the present east line of said Lot 17, 14.56 feet to a point; thence S. 89° 33' W. 77.43 feet to a point; thence S. 86° 59' W. 600.0 feet to a point; thence S. 86° 19' W. 204.5 feet to the present west line of the aforesaid Lot 1; thence N. 4° 58' W. 10.0 feet to the place of BEGINNING, being a portion of Lots 1 through 17, inclusive, of said Tyree Addition. BE IT FURTHER ORDAINED that this body doth hereby express appreciation to Mr. J. B. Harris for his generosity in donating said land to the City of Roanoke for street purposes. BE IT FINALLY ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of March, 1956. No. 12687. A RESOLUTION authorizing Edgar L. Winstead, City SergeanL for and on behalf of the City of Roanoke, to execute a contract between the City of Roanoke, Virginia, and the United States of America, for the United States Department of Justice, Bureau of Prisons, for a period not to exceed three years beginning April 1, 1956, covering the safekeeping, care and subsistence of persons held under authority of any United States statute, including persons detained as aliens, in the Roanoke City Jail, Roanoke, Virginia, under terms and conditions contained in said contract. 297 29g BE IT RESOLVED by 'the Council of the City of Roanoke, that Edgar L. Winstead, City,Sergeant, be., and he is hereby, authorized, for and on behalf of the City of Roanoke, to execute a contract between the City of Roanoke, Virginia, and the United States of America, for United States Department of Justice, Bureau of Prisons, for a period not to exceed three years beginning April 1, 1956, covering the safekeeping, care and subsistence of persons held under authority of any United States statute, including persons detained as aliens, in the Roanoke City Jail, Roanoke, Virginia, under the terms and conditions contained in said contract and "Exhibits A and B" attached thereto and made a part thereof; said contract and the exhibits being on the printed forms prepared by and generally required by the Federal Government in such cases and being respectively identified as follows: FPI-LK-5-3-55-5M-2291, FPI-LK-3-30-55-2,500-2160 and GPO 89 150 3. APPROVED ':~ Clerk Presioent IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The lqth day of March, 1956. No. 12688. A RESOLUTION approving and agreeing to the Memorandum of Agreement adopted by the Planning Commissions of the City of Roanoke, the County of Roanoke, the Town of Salem and the Town of Vinton, on the 18th day of November, 1955; appointing the three original representatives from the City to co-operate and participate in the establishment and operation of the Roanoke Valley Regional Planning and Economic Development Commission; and directing the City Auditor, upon the written request of the Treasurer of said Regional Commission and after such official has been elected and qualified, to pay over to him the money heretofore appropriated in the 1956 Appropriation Ordinance to said Regional Commission. WHEREAS, the Planning Commissions of the City of Roanoke, the County of Roanoke, the Town of Salem and the Town of Vinton, at a joint meeting held in Salem, Virginia, on November 18, 1955, adopted a Memorandum of Agreement for the formation and operation of the Roanoke Valley Regional Planning and Economic Development Commission; and WHEREAS, the City Planning Commission has recommended that this Council approve and agree to the aforesaid Memorandum of Agreement, for and on behalf of the City of Roanoke, pursuant to 'the enabling provisions of Article 1, Chapter 25, of the Code of Virginia, as amended; and WHEREAS, in the judgment of this Council the creation and the operation of such a Commission will be for the best interest of the citizens of the City of Roanoke and also for that of the residents of the vicinity; 29.q THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows 1. That the Memorandum of Agreement adopted by the Planning Commissions of the City of Roanoke, the County of Roanoke, the Town of Salem and the Town of Vinton, at a joint meeting held in Salem, Virginia, on the 18th day of November 1955, a duplicate of which said Memorandum of Agreement is on permanent file in the Office of the Clerk of this body, be, and the same is hereby, APPROVED AND AGREED TO for and on behalf of the City of Roanoke; 2. Agreeable to Sections 3 and 4 of the aforesaid Memorandum of Agreement the following three citizens are hereby appointed as original representatives from the City of Roanoke, from the classification and for the term following their respective names, to co-operate and participate in the establishment and operation of the said Regional Commission, viz.: Harold W. Hill, the representative from the local Planning Commission, whose appoint- ment shall terminate December 31, 1959; Herbert A. Davies, the representative from the local Governing Body, whose appointment shall terminate December 31, 195B; and Arthur T. Ellett, the representative of the citizenry- at-large, whose appointment shall ter- minate December 31, 1957; 3. That the City Auditor, upon the written request of the Treasurer of said Regional Commission, and after the last-mentioned official's lawful election and qualification, be, and said City Auditor is hereby, directed to transfer to said official the $3,'445.00 heretofore appropriated in the 1956 Appropriation Ordinance, as and for the City's proportionate share of the expense of its operation for the calendar year 1956. 4. That the City Clerk be, and he is hereby, directed forthwith to send an attested copy of this Resolution to the Clerks of the Board of Supervisors of the County of Roanoke and of the Councils of the Towns of Salem and Vinton. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of March, 1956. No. 12685. AN ORDINANCE accepting the offer of Leon R. Kytchen to sell the City Lots 23, 24, 25, 26 and 27, Block 1, according to the Map of Lincoln Court, and authorizing and directing the proper City officials to do the necessary in the premises. WHEREAS, by letter dated March 1, 1956, Leon R. Kytchen agreed to sell and convey Lots 23, 24, 25, 26 and 27, Block 1, according to the Map of Lincoln Court, unto the City for $4500.00 cash net; and WHEREAS, the City Planning Commission has recommended the acquisition of said real estate for municipal purposes, which recommendation is concurred in by this Council. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the offer of Leon R. Kytchen as contained in his letter to the City Engineer of March 1, 1956, on file in the Office of the Clerk of this Council, to sell and convey unto the City of Roanoke Lots 23, 24, 25,26 and 27, Block 1, according to the Map of Lincoln Court, for $4500.00 cash net, be, and said offer is hereby, accepted; 2. That the City Attorney be, and he is hereby, directed to make, or cause to be made, the requisite examination of title'to the aforesaid real estate and, if it be determined that Leon R. Kytchen, or the record owner thereof, may legally convey a marketable fee simple title thereto to the City of Roanoke, to prepare a proper deed of bargain and sale in the premises and present the same to said owner for execution and delivery to the City; 3. That the City Auditor, upon being supplied a certificate of title, by the City Attorney, showing said land to be free of liens and encumbrances, and also the above-mentioned deed of bargain and sale properly executed by all parties having any~interest in the aforesaid land, conveying the same unto the City in fee simple and with covenants of General Warranty and modern english, and in form approved by the City Attorney, be, and he is hereby, authorized and directed to issue a City voucher in the amount of $4500.00 and deliver such voucher to Leon R. Kytchen, or to the parties entitled to said fund, in exchange for such deed. Clerk APPROVED Pre siden~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of March, 1956. No. 12686. AN ORDINANCE accepting the offer of John A. Holmes and Hettie M. Holmes to sell the City Lots 15 and 16, Block 1, according to the Map of Lincoln Court, and authorizing and directing the proper City officials to do the necessary in the premises. WHEREAS, by letter dated March 1, 1956, John A. Holmes and Hettie M. Holmes agreed to sell and convey Lots 15 and 16, Block 1, according to the Map of Lincoln Court, unto the City for $1,500.00 cash net; and WHEREAS, the City Planning Commission has recommended the acquisition of said real estate for municipal purposes, which recommendation is concurred in by follows: THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as 1. That the offer of John A. Holmes and Hettie M. Holmes as contained in their letter to the City Engineer of March 1, 1956, on file in the Office of the Clerk of this Council, to sell and convey unto the City of Roanoke Lots 15 and 16, Block 1, according to the Map of Lincoln Court, for $1,500.00 cash net, be, and said offer is hereby, accepted; 2. That the City Attorney be, and he is hereby, directed to make, or cause to be made, the requisite examination of title to the aforesaid real estate and, if it be determined that John A. Holmes and Hettie M. Holmes, or the record owner thereof, may legally convey a marketable fee simple title thereto to the City of Roanoke, to prepare a proper deed of bargain and sale in the premises and present the same to said owners for execution and delivery to the City; 3. That the City Auditor, upon being supplied a certificate of title, by the City Attorney, showing said land to be free of liens and encumbrances, and also the above-mentioned deed of bargain and sale properly executed by all parties having any interest in the aforesaid land, conveying the same unto the City in fee simple and with covenants of General Warranty and modern english, and in form approved by the City Attorney, be, and he is hereby, authorized and directed to issue a City voucher in the amount of $1,500.00 and deliver such voucher to John A. Holmes and Hettie M. Holmes, or to the parties entitled to said fund, in exchange for such deed. APPROVED President~ IN 'THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of March, 1956. No. 12691. A RESOLUTION authorizing the installation of additional street lights and the replacement of certain existing street lights on Brandon Avenue, S. W., between Main Street and Grandin Road; also, 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 Electric Power Company be, and it is hereby authorized to install fourteen additional 6000 lumen overhead incandescent street lights on Brandon Avenue, S. ~., between Main Street and Grandin Road, as follows: New pole - south side of Brandon Avenue at Main Street. Pole No. 277-6134 - at Brambleton Avenue. Pole No. 277-6132 - 80 feet west of Canterbury Road. Pole No. 277-6128 - 235 feet west of Warrington Road. New pole - 200 feet west of Nakefield Road. Pole No. 277-6072 - 335 feet west of Wakefield Road. Pole No. 277-6070 - 175 feet east of Mount Vernon Road. New pole - south side of Brandon Avenue 200 feet west of Mount Vernon Road. New pole - south side of Brandon Avenue 200 feet east of Blenheim Road Pole No. 277-6149 - at Hunters Road. New pole - at alley between Arlington Road and Blenheim Road. Pole No. 277-3035 - 190 feet west of Greenwood Road. Pole No. 277-3034 - at alley between Greenwood Road and Grandin Road. Pole No. 277-3191 - 160 feet east of Grandin Road. BE IT FURTHER RESOLVED that the Appalachian Electric Power Company be, and it is hereby authorized to replace with 6000 lumen units eleven existing 2500 lumen overhead incandescent street lights on Brandon Avenue, S. W., between Main Street and Grandin Road, as follows: Pole No. 277-7052 - 185 feet west of Main Street. Pole No. 277-7054 - 255 feet east of Brighton Road. Pole No. 277-7056 - 55 feet east of Brighton Road. Pole No. 277-6133 - at Canterbury Road. Pole No. 277-6130 - at Sheffield Road. Pole No. 277-6126 - at Warrington Road. Pole No. 277-6129 - at Wakefield Road. Center-suspension - at Brandon Avenue and Mount Vernon Road. Pole No. 277-6055 - at Blenheim Road. Pole No. 277-3038 - at Arlington Road. Center-suspension - at Brandon Avenue and Greenwood Road. BE IT FURTHER RESOLVED that the Appalachian Electric Power Company be, and it is hereby au'thorized to install the following street lights at various locations in the City of Roanoke: GROUP IV One 2500 lumen overhead incandescent street light on the west side of Garden City Boulevard, S. E., at the entrance to the Garden City Volunteer Fire Station. GROUP V One 2500 lumen overhead incandescent street light on Luck Avenue, S. W., west of Third Street, at the Lewis-Gale Hospital. Said lights to be maintained under the contract existing between the Appalachian Electric Power Company and the City of Roanoke. APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of March, 1956. No. 12692. A RESOLUTION relating to the proposed closing and relocation of a portion of State Primary Route No. 118 to provide for certain Municipal Airport improve- ments. WHEREAS, the City of Roanoke, owning and operating the Roanoke Municipal Airport, Noodrum Field, located in the County of Roanoke, has, with the general approval of the United States Government's Civil Aeronautics Administration and ~ th~ C~mmnn~mlth fl~ V~r~n~ ~ Stat~ Corn~ration Commission and Division of things, provides for an extension of the existing northeast-southwest runway in a northeasterly direction, necessitating its crossing a portion of what is now State Primary Route No. 118; and WHEREAS, the City has heretofore acquired certain properties on the east side of said existing State Route No. 118 and is in the process of acquiring or negotiating for the acquisition of certain other properties on both sides of said highway, all of which are needed and are to be used for the runway extension aforesaid and for the public road purposes mentioned herein; and WHEREAS, in order to extend said runway in accordance with the plans therefor adopted, it will be necessary to close that portion of the existing State Route No. 118 which is abutted on both sides by the properties acquired and to be acquired by the City for the purpose of said runway extension and to alter and relocate that portion of said highway which extends in a northwesterly direction from a point approximately in front of Mr. and Mrs. E. M. Coulter's residence thereon to its intersection with State Route No. 117; and WHEREAS, State Route No. 118, as it now exists, is only 40.0 feet wide, but, as altered and relocated, is proposed to be 80.0 feet in width and the City of Roanoke is willing and does hereby offer to acquire and supply to the Common- wealth of Virginia all of the land necessary to establish the new right of way for that portion of said highway which is proposed to be relocated; and WHEREAS, the general location, width and other general details relating to the relocation of the aforesaid portion of said highway, as well as the location of that portion of the existing highway which needs to be closed, are shown on a certain plan of the N. E.-S. W. runway extension prepared in the office of the City Engineer which general plan has heretofore been approved by this Council and by the United States Government's Civil Aeronautics Administration and by the Commonwealth of Virginia's State Corporation Commission and Division of Aeronautics but, nevertheless, formal action of the Board of Supervisors of Roanoke County and of the State Highway Commission will be required to be taken before said highway, as it now exists, may be partially closed, vacated and discontinued, and relocated as shown on the plan hereinabove mentioned; and WHEREAS, the several governmental agencies co-operating in the aforesaid airport development program need to know at this time that the Board of Supervisors of Roanoke County and the State Highway Commission and its Commissioner approve, in general, the relocation of that portion of said highway which extends northwesterly from a point approximately in front of the Coulter residence to State Route No. 117, and, also, the closing of that portion of the existing State Route No. 118 needed for the aforesaid runway extension, all as shown on the plan aforesaid; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Board of Supervisors of Roanoke County, the State Highway Commission and the State Highway Commissioner be, and each is hereby, respectfully requested at this time to formally evidence their consent and approval to the proposed altering and relocation of that portion of said highway which extends in a northwesterly $O4- direction from a point in front of the Coulter residence thereon to State Route No. 11~ and, further and thereafter, to the vacating, closing and discontinuing of that portion of existing State Route No. 118 which is needed to be included within the boundary of land to be used for the extension of the'northeast-south- west runway at the Roanoke Municipal Airport in a northeasterly direction, such portions of the old location as are necessary to serve other abutting properties to revert to the Secondary System of Highways in Roanoke County, all of the same being as shown, substantially, on the plan of said runway extension hereinabove referred to. BE IT FURTHER RESOLVED that the City Clerk be, and'he is hereby directed to forthwith transmit certified copies hereof,' along with a copy of the plan herein referred to, to the State Highway Commission and the State Highway Commissioner, both via the Resident Engineer, and to the Board of Supervisors of Roanoke County, via the County Executive Officer, and to the State Corporation Commission, the Division of Aeronautics and the Civil Aeronautics Administration. ATTAE~T:~ (,_/' Clerk APPROVED Pre side-~----=~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of March, 1956. No. 12695. AN ORDINANCE amending and reordaining Sec. 81. Drivin~ while intoxicated,, of Chapter 34 of the Code of the City of Roanoke relating to Traffic, by prohibiting driving any automobile or other vehicle while under the influence of alcohol, narcotic drug, or any other self-administered intoxicant or drug; providing for the use of chemical analyses to determine alcohol in blood and for the admissibility of such findings in evidence; providing penalties for the viO- lation of said section; providing for the forfeiture of certain driver's licenses; providing for the report of conviction of persons under said section; and providing for an emergency. WHEREAS, for the immediate preservation ~ the public peace and safety, an emergency is hereby 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 Sec. 81. Drivin~ while intoxicated., of Chapter 34 of the Code of the City of Roanoke relating to Traffic, be, and the same is hereby, amended and reordained to read and provide as follows: Sec. 81. Drivin~ while intoxicated; chemical blood analyses~ penalties; report of convictions. (a) No person shall drive or operate any automobile or other vehicle, car, gin, wine, beer, lager beer, ale, porter, stout or any other liquid beverage or articles containing alcohol or while under the influence of any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature. (b) Use of chemical analyses to determine alcohol in bloodl when findings admissible in evidence. In any criminal prosecution under this section, no person shall be required to submit to determination of the amount of alcohol in his blood at the time of the alleged offense as shown by chemical analysis of his blood, breath, or other bodily substance, but should the accused, in writing, request or consent to such a determination the arresting authorities shall render full assistance in obtaining such determination. There shall be no formal requirement for the writing but the writing may be in a prepared form submitted to the accused for his signature, if he so requests. Other than as expressly provided herein, the provisions of this section shall not otherwise limit the introduction of any competent evidence bearing upon any question at issue before the court. The results of a determination which are properly obtained shall be admissible as other evidence relating to the intoxication of the accused. The failure of the accused to request or consent to such a determination is not admissible in evidence and shall not be subject to comment at the trial of the case. (c) Penaltyl subsequent offense. Any person violating subsection (a) of this section shall be guilty of a misdemeanor, punishable by a fine of not less than one hundred dollars nor more than five hundred dollars or confinement in jail for not less than one month nor more than six months, either or both in the discretion of the court or jury trying the same, for a first offense, and the court may, in its discretion, suspend the sentence during the good behavior of the person convicted. Any person convicted of a second or other subsequent offense under subsection (a) of this section shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars and by imprisonment for not less than one month nor more than one year. (d) Forfeiture of driver's license; suspension of sentence. The judgment of conviction, if for a first offense under subsection (a) of this section, or for a similar offense under Section 18-75 of the 1950 Code o£ Virginia, as amended, or under any other city's or town's ordinance, shall of itself operate to deprive the person convicted of the right to drive or operate any vehicle, conveyance, engine or train in this State for a period of one year from the date of such judgment, and if for a second or other subsequent offense within ten years thereof for a period of three years from the date of the judgment of conviction thereof. If any person has heretofore been convicted of violating any similar Ordinance of this city or of the State or any other city or town and thereafter is convicted of violating the provisions of this section, such conviction shall, for the purpose of this and the preceding sub- section, be a subsequent offense and shall be punished accordingly; and the court may, in its discretion, suspend the sentence during the good behavior of the person convicted. (e) Report of conviction. The clerk of all courts of record and every judqe of the Municipal or Juvenile and Domestic Relations Court shall, within thirty days after final conviction of any person in his court under this section, report the fact thereof and the name, post office address and street address of such person, together with the license plate number on the vehicle operated by such person, to the Director of Motor Vehicles. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in-force from its.passage. Clel~k APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of March, 1956. No. 12696. A RESOLUTION offered as a memorial to the Honorable ~illiams Pearce Hunter, deceased. WHEREAS, ~illiams Pearce Hunter, who departed this life on the thirteenth day of March, 1956, at the age of seventy-one years, served as Roanoke's first City Manager from the first day of October, 1918, through .the thirty-first day of December, 1947; having resigned effective as of the last-mentioned date; and WHEREAS, the following year,, he enjoyed the distinction of being elected, by his constituents, a member of the Council of the City for a term of four years and, at the organization meeting of that body on September 1, 1948, of being elected its President and, ex officio, Mayor of the City of Roanoke; and ~HEREAS, Mr. Hunter's official career of thirty-four years ~ this City covered almost precisely one-half of its official history and during all of which time he constantly exhibited a conscientious and effective devotion to duty which resulted in uninterrupted progress for the City; not permitting recession even during the intervening dreadful depression and war years; and ~HEREAS, being a kindly, modest and unassuming gentleman, he was held in high esteem by the citizens of his City and, especially, by-the officers and personnel working with and under him; and because of the many accomplishments, including the four bridges crossing the Virgini~right-of-way, Carvins Cove, Victory Stadium and ~oodrum Field, made during the difficult years he served, his efforts will long be appreciated by the people of this City; THEREFORE, BE IT UNANIMOUSLY RESOLVED by the Council of the City of Roan. Oke that this means be taken to permanently record the esteem in which the public held the late ~illiams Pearce Hunter and, also, this Council's recognition of and appreciation for the many invaluable services he rendered the City during the thirty-four years he served, respectively, as its City Manager, Mayor and Council- BE IT FURTHER RESOLVED that the City Clerk be, and he is hereby, directed forthwith to mail an attested copy of this Resolution to Mrs. Nettie Keef Hunter, his widow. ATteST:, APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of April, 1956. No. 12627. AN ORDINANCE to amend and reenact Article I, Section 1, of Chapter 51 of the Code of the City of Roanoke, Virginia, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have certain property on the north side of Shenandoah Avenue west of 36th Street, a distance of 470 feet, consisting of Lots 11 through 15 of the Oak View Heights Map designated by official numbers: 2730226, 2730227, 2640205, 2640206, 2640209, 2640207, and 2640208, as shown on Sheets No. 264 and 273 of the Zoning Map of the City of Roanoke, Virginia, now zoned as General Residence District to Business District; and, WHEREAS, the City Planning Commission has recommended that the above property be rezoned to Business District; and, WHEREAS, notice required by Article XI, Section 43, of Chapter 51 of the Code of the City of Roanoke, Virginia, relating to Zoning, has been published in The Roanoke World-News, a newspaper published in the City of Roanoke, for the time required by said section; and, WHEREAS, the hearing as provided for in said notice published in the said newspaper was given on the 9th day of January, 1956, at 2:00 o'clock, p. m., before the Council of the City of Roanoke in the Council Room in the Municipal Building, at which hearing evidence both for and against said application was presented by property owners and other interested parties in the affected area; and, WHEREAS, this Council, after considering the application for rezoning and the evidence heard by it, is of the opinion that the above property should be rezoned as requested. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Article I, Section 1, of Chapter 51 of the Code of the City of Roanoke, Virginia, relating to Zoning, be amended and reenacted in the following particular and no other, viz: Those certain lots or parcels of land lying on the north side of Shenandoah Avenue west of 36th Street, a distance of 470 feet, consisting of Lots 11 through 15 of the Oak View Heights Map designated by official numbers: 2730226, 2730227, 3O8 2640205, 2640206, 2640209, 2640207, and 2640208, as shown on Sheets No. 264 and 273 of the Zoning Map of the City of ROanoke, Virginia, now zoned as General Residence District, be, and is hereby changed to Business District. APPROVED Pres~ e~d-~gT~ -- - IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of April, 1956. No. 12689. AN ORDINANCE to amend and reenact Article I, Section 1, of Chapter 51, of the Code of the City of Roanoke, Virginia, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have a portion of the hereinafter described property, being Lots 4 to 8, inclusive, Block 39, West End and Riverview Map, located on the south side of West Avenue, S. W., extending from 21st Street 250 feet to the east, all in the City of Roanoke, rezoned from General Residence District to Light Industrial District, and WHEREAS, the City Planning Commission has recommended that all of the hereinafter described property be rezoned from General Residence District and Business District to Light Industrial District, in conformity with said request, and WHEREAS, notice required by Article XI, Section 43, of Chapter 51, of the Code of the City of Roanoke, Virginia, relating to Zoning, has been published in The Roanoke World-News, a newspaper published in the City of Roanoke, for the time required by said section, and WHEREAS, the hearing as provided for in said notice published in said newspaper was held on the 26th day of March, 1956, at 2:00 o'clock, p. m., before the Council of the City of Roanoke in the Council Chamber in the Municipal Building at which hearing the property owners and other interested parties in the affected area were given an opportunity to be heard both for and against the said rezoning, and WHEREAS, this Council, after considering the evidence presented, is of the opinion that said parcels of land should be rezoned as requested, and, as well, the additional lands as recommended by the City Planning Commission. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Article I, Section 1, of Chapter 51, of the Code of the City of Roanoke, Virginia, relating to Zoning, be amended and reenacted in the following particulars and no other, viz: The following parcels located in the City of Roanoke, Virginia, as shown on the Map of West End and Riverview and described as follows: Block 43 - Lot 25 and part of Lot 26, Official Tax Number 1311216, located on the northeast corner of 24th Street or Boulevard and West Avenue. Block 44 - Lots 1 to 17, inclusive, Official Tax Numbers 1311901 to 1311917, inclusive, located on the south side of West Avenue between 21st Street and 24th Street or Boulevard. Block 45 - Lots 1 to 9, inclusive, Official Tax Numbers 1312601 to 1312609, inclusive, located on the north side of Patterson Avenue between 21st Street and 24th Street or Boulevard. That vacated portion of Rorer Avenue between 21st Street and 24th Street or Boulevard and vacated alleys in said Blocks 44 and 45. Block 39 - Lots 1 to 16, inclusive, Official Tax Numbers 1312001 to 1312016, inclusive, located on the south side of West Avenue and north side of Rorer Avenue between 20th and 21st Streets. Block 38 - Lots 1 to 8, inclusive, Official Tax Numbers 1312701 to 1312708, inclusive, located on the south side of Rorer Avenue between 20th and 21st Streets. be, and are hereby changed from General Residence District and Business District to Light Industrial District, and the Zoning Map shall be changed in this respect. APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of April, 1956. No. 12690. AN ORDINANCE authorizing the acquisition of certain land for the widening of Cedarhurst Avenue, N. W., between Grandview Avenue and Richland Avenue. WHEREAS, Cedarhurst Avenue, N. W., (formerly Clinton Street), as originally laid out between Block 6 and Block 7 on the Map of Williamson Court, of record in Plat Book 1, pages 286 and 287, in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, is shown to be only 40.0 feet wide; and WHEREAS, at certain portions on each side of Cedarhurst Avenue, the City has heretofore acquired additional land for the purpose of the future widening of Cedarhurst Avenue to a uniform width of 50.0 feet; and WHEREAS, recently, substantially all of the property owners on both sides of Cedarhurst Avenue have petitioned the Council to proceed with the widening of said avenue to a uniform width of 50.0 feet and have offered to convey to the City from their respective properties a strip of land 5.0 feet in width in order that such widening may be accomplished; and WHEREAS, the City Manager has recommended that the aforesaid conveyances from said property owners be accepted and that the uniform widening of Cedarhurst Avenue be accomplished in accordance with the details thereof as shown on Plan No. 4168, prepared in the Office of the City Engineer under date of March 16, 310 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the proper City Officials be, and they are hereby, authorized and directed, for and on behalf of the City, to acquire from the several owners of properties situate on both sides of Cedarhurst Avenue, N. W., deeds of conveyance to the City of sufficient land on both sides of said street, viz., 5.0 feet in width, to provide for the uniform widening of Cedarhurst Avenue, N. W., to a street 50.0 feet in width; all of which such deeds to be upon such form as is prepared and approved by the City Attorney and, in each instance, to provide for a nominal consideration of $1.00, cash. APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of April, 1956. No. 12693. AN ORDINANCE authorizing the City Manager to execute a lease, for and on behalf of the City, leasing unto Warren L. Kinsey approximately one hundred acres of land at Roanoke Municipal Airport (Woodrum Field), for a term of five years upon certain terms and conditions. WHEREAS, the City has heretofore leased to Warren L. Kinsey certain real estate at the Roanoke Municipal Airport (Woodrum Field), for farming purposes, such current lease expiring on the 31st day of March, 1956; and WHEREAS, the said Kinsey has requested an additional lease of the same and additional land for another term of five years, to all of which the City Manager and the' Airport Manager are agreeable. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be, and he is hereby, authorized and directed to execute a lease, for and on behalf of the City, between the City and Warren L. Kinsey, leasing unto the said Kinsey approximately one hundred acres of land at the Roanoke Municipal Airport (Woodrum Field), the exact location and quantity of said land to be designated each year by the Airport Manager and said land to be used by the said Kinsey for farming purposes only; the said lease to be for a ~term of five years commencing as of the 1st day of April, 1956, shall provide for a rental of $5.00 per acre per year and shall provide that no animals or fowls shall be kept or permitted on any part of the land leased; otherwise the lease to be upon substantially the same terms and conditions contained in the current lease be- tween the parties bearing date April 10th, 1952. A P P R 0 V.E D IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of April, 1956. No. 12694. AN ORDINANCE establishing building setback lines on the northerly and southerly sides of Shenandoah Avenue, N. W., from 24th Street to the west corporate limits of the City to provide for the widening of Shenandoah Avenue, N. W., between said points to 80.0 feet. WHEREAS, notice has been duly published as required by law and the property owners in the affected area notified that Council would hold a public hearing on the 19th day of March, 1956, at 2:00 o'clock, p. m., in the Circuit Court Room (Council Chamber), in the Municipal Building, Roanoke, Virginia, on the question of establishing building setback lines on the north and south sides of Shenandoah Avenue, N. W., from 24th Street to the west corporate limits of the City the said lines to be located 40.0 feet northerly and southerly from the present established center line of. Shenandoah Avenue, N. W., between 24th Street and the west corporate limits of the City, to provide for the widening of Shenandoah Avenue, N. W., between said points to 80.0 feet; and WHEREAS, said hearing was held at the time and place aforesaid before the Council of the City of Roanoke, at which hearing all property owners in the affected area and all other persons were given an opportunity to be heard on the question; and WHEREAS, the Roanoke City Planning Commission, to whom the matter has heretofore been referred by the Council for consideration, has recommended and approved the establishment of such building setback lines on said avenue for the purposes hereinabove stated; and WHEREAS, after hearing all of the evidence submitted, Council is of the opinion that said building setback lines should be established; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that building setback lines be, and the same are hereby, established on the north and south sides of Shenandoah Avenue, N. W., from 24th Street to the west corporate limits of the City, the said lines to be located 40.0 feet northerly and southerly from the present established center line of Shenandoah Avenue, N. W., between 24th Street and the west corporate limits of the City, to provide for the widening of Shenandoah Avenue, N. W., between said points to 80.0 feet; and BE IT FURTHER ORDAINED that no building hereafter erected on any said lots abutting said avenue shall extend over said building setback lines as established by the provisions of this ordinance. APPROVED ~ Clerk President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of April, 1956. No. 12698. AN. ORDINANCE authorizing the Chief ~tunicipal Judge to appoint, from time to time, not more than three (3) members of the Police Force and not more than three (3) other City employees as deputy clerks of the Municipal Court; and providing for an emergency. NHEREAS, for the usual daily operation of the ~lunicipal Court, a department of the City, an emergency is~ set forth, and~ declared to. exist in order that this Ordinance may .take effect upon its passage; BE IT ORDAINED by the Council of the City of Roanoke that the Chief Municipal Judge be, and he is hereby, authorized to appoint, from time, to time, not more than three (3) members of the Police Force and not more than three (3) other City employees as deputy clerks of the Municipal Court, who shall serve at the pleasure of the Chief Municipal Judge, but none of whom shall be entitled to special compensation as such deputy clerk. Such deputy clerks shall have the power and authority to take affidavits, administer oaths and affirmations, issue civil warrants, abstracts of judgment and subpoenas for witnesses only, except that members of the Police Force, appointed as deputy clerks hereunder, shall have the additional power and authority to: issue criminal warrants and processes within the jurisdiction, territorial and otherwise, of the Municipal Court at such times as may be especially designated by the Chief Municipal Judge. Said papers shall be signed in the name of the Municipal Court by the deputy clerk as such deputy. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall take effect upon its passage. APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of April, 1956. No. 12699. AN ORDINANCE to amend and reordain Section #29, "Clerk of Courts", of the 1956 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~29, "Clerk of Courts", of the 1956 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: CLERK OF COURTS g29 Stationery and Office Supplies ......................... $ 9,300.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of April, 1956. No. 12701. AN ORDINANCE authorizing the acceptance from Mrs. Nancy L. Hamilton of a conveyance of a triangular strip of land approximately 150.0 feet in length on the south side of Sycamore Avenue, N. E.; and providing for an emergency. WHEREAS, Mrs. Nancy L. Hamilton has offered to give and convey unto the City a triangular strip of land approximately 150. O feet in length on the south side of Sycamore Avenue, N. E., in the City of Roanoke; and WHEREAS, the City Planning Commission and a committee of Councilmen have recommended the acceptance of said gift and conveyance; and WHEREAS, for the usual operation of the Engineering Department, an emergency is hereby declared to exist in order that this Ordinance may take effect upon its passage; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Clerk be, and he is hereby, authorized to receive from Mrs. Nancy L. Hamilton, or the legal owner of the real estate hereinafter described, a deed, upon form approved by the City Attorney, giving and conveying unto the City of Roanoke the following described real estate, to be used~ for street purposes and to admit said deed to record in the Office of the Clerk of the Hustings Court of the City of Roanoke, viz.: BEGINNING at a point on the present south line of Sycamore Avenue, N. E., (now 40.0 feet wide) the following two (2) courses and distances from the present east line of Lukens Street, N. E., i.e., N. 77° 35' E. 197.85 feet and N. 1° 57' W. 10.16 feet; thence, leaving the said beginning point and with the present south line of Sycamore Avenue, N. 77° 35' E. 150.0 feet to a point; thence, S. 66° 29' W. 153.24 feet to a point; thence, N. 1° 57' W. 30.0 feet to the place of BEGINNING; and containing 2,247.0 square feet, more or less. All bearings refer to the meridian of the Map of Williamson Groves, said map being of record in Plat Book 1, pages 316 and 317, in the Clerk's Office of the Circuit Court for the County of Roanoke, Virginia BE IT FURTHER ORDAINED that this body doth hereby express appreciation to Mrs. Nancy L. Hamilton for her generosity for donating said land to the City BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Pre~nt IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of April, 1956. No. 12702. A RESOLUTION authorizing the execution of a co-operative agreement between the City and the Geological Survey, United States Department of Interior, for the investigation of water resources of Tinker and Catawba Creeks. WHEREAS, the Manager of the Water Department and the City Manager have both recommended that the City enter into a co-operative agreement with the Geological Survey, United States Department of the Interior, for the investigation of the water resources in Tinker and Catawba Creeks; and WHEREAS, this Council concurs in the foregoing recommendation; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be, and he is hereby, authorized and directed, for and on behalf of the City, to enter into a co-operative agreement with the Geological Survey, United States Department of Interior, for the investigation of the water resources of Tinker and Catawba Creeks containing such provisions as the City Manager deems protective of the City's interests; nevertheless, among other things, providing: (a) An expenditure of $1,780 to establish a gauge house on Tinker Creek, of which the City's share shall be $890.00; (b) For the reactivation of the old station on Catawba Creek; (c) For the annual yearly operation of the two stations at approximately $1,800.00, of which the City's share shall be $900.00; and (d) That the agreement be subject to the availability of appropriations and, also, that "if the work is not being carried on in a mutually sa%isfactory manner, either party may terminate the agreement upon 60 days written notice to the other party". APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of April, 1956. No. 12697. AN ORDINANCE to amend and reenact Article I, Section 1, of Chapter 51 of the Code of the City of Roanoke, Virginia, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have all that parcel of real estate located in the City of Roanoke on the east side of Williamson Road 200 feet north of Liberty Road, N. E., with a frontage of 78.22 feet, more or less, and extending eastwardly a depth of 386.02 feet, more or less, being a portion of lot number 7 in block number 1, Liberty Land Company map and designated on Sheet 310 of the Zoning Map as Official No. 3100904, rezoned from General Residence District to Business District, and WHEREAS, the City Planning Commission has recommended that the above parcel of land be rezoned from General Residence District to Business District as requested, and WHEREAS, notice required by Article XI, Section 43, of Chapter 51 of the Code of the City of Roanoke, Virginia, relating to Zoning, has been published in "The Roanoke World-News", a newspaper published in the City of Roanoke, for the time required by said section, and WHEREAS, the hearing as provided for in said notice published in the said newspaper was held on the 2nd day of April, 1956, at 2:00 o'clock, p. m., before the Council of the City of Roanoke in the Council Chamber in the Municipal Building at which hearing property owners and other interested parties in the affected area 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 above parcel of land should be rezoned as requested. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Article I, Section 1, of Chapter 51 of the Code of the City of Roanoke, Virginia, relating to Zoning, be amended and reenacted in the following particular and no other, viz: All that parcel of real estate located in the City of Roanoke on the east side of Williamson Road 200 feet north of Liberty Road, N. E., with a frontage of 78.22 feet, more or less, and extending eastwardly a depth of 386.02 feet, more or less, being a portion of lot number 7 in block number 1, Liberty Land Company map and designated on Sheet 310 of the Zoning Map as Official No. 3100904, be and is hereby changed from General Residence District to Business District and the Zoning Map shall be changed in this respect. APPROVED AT~gi~~ (C le,i'k Pr e s iO,~.~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of April, 1956. No. 12700. AN ORDINANCE accepting the offer of the Young Men's Christian Association of Roanoke, Virginia, to convey unto the City approximately 3,500 square feet of real estate, and authorizing and directing the proper City Officials to do the necessary in the premises. WHEREAS, the Yoang Men's Christian Association of Roanoke, Virginia, has offered to convey to the City of Roanoke approximately 3,500 square feet of land from its lot situate on the northeast corner of 5th Street and Church Avenue, S. W., and shown as shaded area on a map prepared by Frantz & Addkison, Architects, of Roanoke, Virginia, under date of January 27, 1956, and on file in the Office of the City Clerk, for $6,440.00, net cash, and WHEREAS, the City Manager and the City Engineer have both recommended the acceptance of such offer. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the offer of the Young Men's Christian Association of Roanoke, Virginia, to sell and convey unto the City approximately 3,500 square feet of land from its lot situate on the northeast corner of 5th Street and Church Avenue and shown as shaded area on a map prepared by Frantz & Addkison, Architects, of Roanoke, Virginia, under date of January 27, 1956, and on file in the Office of the City Clerk, for $6,440.00, net cash, be, and said offer is hereby~ accepted; 2. That the City Attorney be, and he is hereby, directed to make, or cause to be made, the requisite examination of title to the aforementioned real estate and, if it be determined that the Young Men's Christian Association of Roanoke, Virginia, may legally convey a marketable fee simple title thereto to the City of Roanoke, to prepare a deed of bargain and sale in the premises and present the same to said owner for execution and delivery to the City; and 3. That the City Auditor, upon being supplied a certificate of title by the City Attorney, showing said land to be free of liens and encumbrances and, also, the above-mentioned deed of bargain and sale properly executed by the grantor conveying the same to the City in fee simple with covenants of General Warranty and modern english, and in form approved by the City Attorney, be, and he is hereby, authorized and directed to issue a City voucher in the amount of $6,440.00 and deliver such voucher to the proper officer of the aforesaid Association, in exchange for such deed. Clerk APPROVED Presiden~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of April, 1956. No. 12703. A RESOLUTION providing for the appointment of five freeh olders, any three of whom may act, as viewers in connection with the application or petition of R. Douglas Nininger and Lena M. Nininger to vacate, discontinue and close a portion of a certain roadway sometimes known as Oakland Boulevard approximately 16 1/2 feet in width situated in the City of Roanoke, State of Virginia, more particularly described as follows, to-wit: That certain original roadway or right- of-way approximately 16 1/2 feet in width known sometimes as Oakland Boulevard extending northerly from the north line of Christian Avenue at its intersection with the present Oakland Boulevard northerly a distance of approximately 500 feet to the north line of the proposed Section One of Fleming Oaks. 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 15-766 of the 1950 Code of Virginia, as amended, a notice of application to this Council to vacate said portion of said roadway, 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 five 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 said roadway as provided by Section 15-766 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 said roadway sought to be vacated, discontinued and closed, and report in writing, as required by Section 15-766 of the 1950 Code of Virginia, as amended. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, Virginia, that Messrs. R. R. Quick, John S. Waynick, James A. Turner, R. L. Rush, and John G. Jackson, any three of whom may act, be, and they are hereby appointed as viewers to view the above described portion of said roadway sought to be vacated, and to report in writing, as required by Section 15-766 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 said roadway. APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of April, 1956. No. 12704. AN ORDINANCE to amend and reordain Section =8, "Treasurer", of the 1956 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of 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 1956 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: TREASURER =8 Bond Premium (2) .......................................... $ 35.21 (2) One-third reimbursed by State. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage, subject to the approval of the State Compensation Board. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of April, 1956. No. 12705. A RESOLUTION ratifying the action of the City Manager in causing to be renewed the underground service conduit and to be installed new service wiring to connect to the main switchboard in the Sewage Treatment Plant at a cost of $4,688.33. WHEREAS, the City Manager, by emergency action, has had renewed the underground service conduit and has had installed new service wiring to connect to the main switchboard in the Sewage Treatment Plant, which service blew out on December 29, 1955, at a cost of $4,688.33, and has requested that Council ratify his action in so doing. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the action of the'City Manager in causing to be renewed the underground service conduit and to be installed new service wiring to connect to the main switchboard in the Sewage Treatment Plant, at a cost of $4,688.33, be, and the same is hereby ratified. BE IT FURTHER RESOLVED that the City Auditor be, and he is hereby directed to issue his warrant in the payment of invoices properly approved by the City Manager when presented. .3!9 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of April, 1956. No. 12706. AN ORDINANCE to amend and reordain Section =68, "Armory", of the 1956 Appropriation Ordinance, and providinq for an emerqency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emerqency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =68, "Armory", of the 1956 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: ARMORY Rental ................................................... $ 400.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of April, 1956. No. 12707. AN ORDINANCE to amend and reordain Section =87, "Maintenance of City Property", of the 1956 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emerqency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~87, "Maintenance of City Property", of the 1956 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: MAINTENANCE OF CITY PROPERTY =87 Appraisals ............................................... $ 100.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTE~Ti ~ Clerk APPROVED Pre sid~7~ ..... 320 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of April, 1956. No. 12708. AN ORDINANCE providing for the acquisition of land necessary for the extension of the runway system at Roanoke Municipal Airport; appropriating funds to be used for the purchase thereof; and providing for an emergency. WHEREAS, certain additional lands are wanted and needed to be acquired'by the City for the purpose of extending the northeast-southwest runway at the City's Municipal Airport, ~oodrum Field, in Roanoke County, and, as well, for the loca- tion and construction of a portion of Virginia State Route 118 which is needed to be partially relocated in connection with said runway extension, the location and areas of such additional lands having heretofore been determined by the City's Engineering Department and other governmental agencies; and WHEREAS, the City Manager has heretofore caused certain appraisals to be made to determine the fair value of said additional lands and, as well, the amount of damages, if any, resulting to the respective owners of said lands by reason of severance or otherwise, a written report of said appraisals having been heretofore made to the City Manager and to the Council under date of November 22, 1955; and WHEREAS, Council believes the values as set out in the aforesaid appraisal to be fair and reasonable and has heretofore directed the City Manaqer to neqotiate with the respective owners of the additional lands needed to be acquired for the purposes aforesaid in an attempt to effect a purchase of said additional lands on the basis of said appraisal; and WHEREAS, for the purpose of acquiring said lands it is necessary that there be appropriated funds sufficient to pay to the respective owners the respective purchase prices proposed by the City; and WHEREAS, for the usual daily operation of Roanoke Municipal Airport, a department of the City, and of the Municipal government, an emergency is hereby 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 City Officials be, and they are hereby, authorized and directed, for and on behalf of the City, to acquire from the owners those four (4) parcels of land wanted and needed by the City for the purposes aforesaid in fee simple, unencumbered title, and to offer to pay to each of said owners a cash purchase price based upon the values set out in the written appraisal made under date of November 22, 1955, aforesaid, such acquisition, if made by purchase, to be by deeds of conveyance in fee simple upon such form as is first approved by the City Attorney or the Assistant City Attorney; BE IT FURTHER ORDAINED that there be, and there is hereby, appropriated from the General Fund of the City to the Improvement Fund - Airport Improvement the sum of $49,000.00 to provide for the payment of the purchase prices aforesaid; and BE IT FINALLY ORDAINED that, an emergency existing, this Ordinance shall be in full force and effect from its passage. APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of April, 1956. No. 12710. A RESOLUTION ordering a refund to Mr. R. S. Argabright in the amount of $9.00. WHEREAS, on March 16, 1956, Mr. R. S. Argabright purchased a City automobile tag for a 1940 Model Ford pickup truck which tag did not have to be acquired prior to April 1, 1956; and WHEREAS, on March 21, 1956, Mr. Argabright sold his aforesaid truck and, accordingly, has no use for said 1956 tag; and WHEREAS, under the peculiar circumstances of this case, this Council is of the opinion that Mr. Arqabright be refunded the $9.00 paid for such tag; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Auditor be, and he is hereby, directed to refund to Mr. R. S. Argabright $9.00, being the amount he paid for the 1956 auto license tag for the aforesaid Ford pickup truck upon the surrender to said Auditor of the aforesaid auto license tag. A P P R 0 V E D AT,ST.. Clerl( IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of April, 1956. No. 12709. AN ORDINANCE authorizing the acceptance of the offer of Mr. O. C. Frink to sell the City a 35-foot wide strip of land across the rear of Lots 1, 2 and 3, Block 1, Dorchester Court Map, and authorizing and directing the proper City Officials to do the necessary in the premises. WHEREAS, Mr. O. C. Frink has offered to sell the City a 35-foot wide strip of land across the rear of Lots 1, 2 and 3, Block 1, Dorchester Court Map, for $3,000.00, cash net, which offer the City Manager has recommended be accepted and in which recommendation this Council concurs; 322 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows 1. That the offer of O. C. Frink to convey unto the City a 35-foot wide strip of land across the rear of Lots 1, 2 and 3, Block 1, Dorchester Court Map, for $3,000.00, cash net, be, and the said offer is hereby, accepted; 2. That the City Attorney be, and he is hereby, directed to make, or cause to be made, the requisite examination of title to the aforesaid strip of land and, if it be determined that O. C. Frink, or the record owner thereof, may legally convey a marketable fee simple title thereto to the City of Roanoke, to prepare a proper deed of bargain and sale in the premises and present the same to the owner for execution and delivery to the City; and 3. That the City Auditor, upon being supplied a certificate of title by the City Attorney, showing said land to be free of liens and encumbrances, and also the above-mentioned deed of bargain and sale properly executed by all the parties having any interest in the aforesaid land, conveying the same unto the City in fee simple and with covenants of General Warranty and modern english, and in form approved by the City Attorney, be, and he is hereby authorized and directed to issue a City warrant in the amount of $3,000.00 and deliver such warrant to O. C. Frink, or to the parties entitled to said fund, in exchange for such deed. Clerk APPROVED Presiden~- IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of April, 1956. No. 12711. AN ORDINANCE to amend and reordain Section =27, "Sergeant", of the 1956 Appropriation Ordinance, and providing for an emergency. WHEREAS, the State Compensation Board has approved a request of the City Sergeant for certain salary changes in the 1956 budget, subject to the concurrence of the Council of the City of Roanoke, and WHEREAS, this Council, after due consideration, concurs in the request of the City Sergeant, and WHEREAS, for the usual daily operation of the Municipal Government of 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, "Sergeant", of the 1956 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: SERGEANT =27 Salary, Deputy Sergeant Salary, Deputy Sergeant $3,600.00 ...... . ......... $1,200.00 (1) 3,600.00 ............... 1,200.00 (1) (1) One-third of actual salaries. Total salaries shown in column after title. 325 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect as of and from April 1, 1956. APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of April, 1956. No. 12712. AN ORDINANCE to amend and reordain Section =30, "Jail", of the 1956 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of 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, "Jail", of the 1956 Appropriation Ordinance, be, and the same is here- by amended and reordained to read as follows, in part: JAIL =30 Clothing for Work Gang .................................. $ 300.00 Repairs to Jail ......................................... 5,100.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of April, 1956. No. 12713. AN ORDINANCE authorizing and directing that condemnation proceedings be instituted to acquire for and on behalf of the City the fee simple title in and to a certain tract of land situate in Roanoke County, Virginia, containing 19.853 acres of land, more or less, to be used for the purpose of constructing, enlarging, maintaining and operating the City's Municipal Airport and landing fields; and providing for an emergency. WHEREAS, Council of the City of Roanoke deems it necessary for the purposes of said City to construct, enlarge, maintain and operate its present Municipal Airport, known as Woodrum Field, in Roanoke County, Virginia, and, in particular, to extend, enlarge and improve the existing N.E.-S.W. runway at said Municipal Airport in a northeasterly direction and. for the purpose, will require certain 324 WHEREAS, the land hereinafter described, designated as a certain 19.853 acre tract of land, more or less, presently owned by Mrs. Mary Elva Coulter, and shown in detail on Plan No. 4066-1 prepared in the Office of the City Engineer of Roanoke, Virginia, under date of January 17, 1956, is wanted and needed by the City for the purposes aforesaid; and WHEREAS, duly authorized agents and officials of the City have heretofore made bona fide, but ineffectual, efforts to purchase the aforesaid 19.853 acre tract of land from its present owner but, nevertheless, the City has been unable to purchase said land because of an inability to agree with the owner thereof on the purchase price of the same; and WHEREAS, unless the fee simple title to the aforesaid 19.853 acres of land be acquired forthwith by the City, together with certain other lands needed for the purposes aforesaid, large sums of money may be lost to said City as a result of such delay in acquiring title to the aforesaid land and Council, accordingly, deems existing, for theusual daily operation of the Municipal Government and of the Roanoke Municipal Airport, a department of the City, an emergency 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 City Officials be, and they are hereby, authorized and directed to forth- with institute and conduct in the appropriate Court, or Courts, condemnation proceedings to acquire, for and on behalf of the City, the fee simple title to all that certain tract or parcel of land situate in Roanoke County, Virginia, bounded and described as follows: BEGINNING at a point on the present west line of Virginia Route No. 118, (now 40.0 feet wide), said beginning point being located S. 38° 45' 10" E. 702.98 feet from the present southwest corner of Virginia Route No. 118 and Virginia Route No. 117, (now 60.0 feet wide); thence, continuing with Virginia Route No. 118, S. 38° 45' 10" E. 1269.01 feet to a point; thence, with a curved line to the left an arc distance of 150.70 feet, (radius of said curve being 100.0 feet with a chord bearing and distance of N. 84° 30' 10" W. 143.26 feet) to a point; thence S. 49° 44' 50" W. 737.57 feet to a point in the line of the property of the City of Roanoke, known as Roanoke Municipal Airport; thence, with the aforesaid line, N. 29° 01' 17" W. 1188.72 feet to a point; thence, N. 49° 44' 50" E. 639.23 feet to the place of BEGINNING: and containing 19.853 acres, more or less, and being a portion of the same property conveyed to Mary Elva Coulter by J. W. Wharton and Martha Wharton by deed recorded in Deed Book 119, page 336, in the Clerk's Office of the Circuit Court of Roanoke County, Virginia; All bearings refer to the meridian of the Official Survey of the City of Roanoke, Virginia; It being the intent of this ordinance to provide for the acquisition of all of the land now owned by Mary Elva Coulter, bounded on the north by a line parallel to and 535.96 feet from the center line of the N.E.-S.W., (Third) Runway extended, bounded on the east by the west line of Virginia Route No. 118, bounded on the south by a line parallel to and 630.0 feet from the aforesaid center line and also following an arc subject to the curve data as shown on Plan No. 4065-1, prepared in the Office of the City Engineer under date of January 17, 1955, and bounded on the west by the east line of the City of Roanoke property known as Roanoke Municipal Airport. 32 BE IT FURTHER ORDAINED that, an emergency is hereby declared to exist and that this ordinance shall be in full force and effect from its passage. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of April, lq56. No. 12714. AN ORDINANCE authorizing and directing that condemnation proceedings be instituted to acquire, for and on behalf of the City, the fee simple title in and to a certain 3.42 acre tract of land, more or less, situate on the south and east sides of Tinker Creek in the City of Roanoke, designated on the City's Tax Appraisal Map as Lot No. 3240301, to be used for public purposes; and providing for an emergency. WHEREAS, Council of the City of Roanoke deems it necessary for the purposes of said City to acquire certain additional land in said City to be used for the purpose of refuse disposal, one of the public purposes of the City; and WHEREAS, the land hereinafter described, containing 3.42 acres, more or less, situate on the south and east sides of Tinker Creek in the City of Roanoke, contiguous to other tracts of land heretofore acquired by the City for the purpose, is wanted and needed by the City for the purposes aforesaid; and WHEREAS, although the aforesaid 3.42 acre tract of land is owned of record by one R. T. Swicegood, the City is advised that other persons claim to be the legal and beneficial owners of said land, some of which other persons are infants with whom the City could not enter into contracts; and WHEREAS, Council deems it essential for the immediate preservation of the public health and safety that title to the aforesaid 3.42 acre tract of land be acquired by the City and, to that extent, an emergency exists 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 City Officials be, and they are hereby, authorized and directed to forthwith institute and conduct in the appropriate Court, or Courts, condemnation proceedings to acquire, for and on behalf of the City, the fee simple title to all that certain tract or parcel of land situate in the City of Roanoke, Virginia, bounded and described as follows: BEGINNING at a stone corner on the old Holcomb line, which said beginning point is a north- west corner of a certain 16.34 acre tract of land conveyed to S. J. Jones by The First Nation Exchange Bank of Roanoke, Executors and Trustees under the will of C. L. Tinsley, deceased, dated August 16, 1948, of record in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 399, page 409, thence, aloha the old Holcomb line and 326 E. 497.0 feet, more or less, to a point on the old Crossling line, corner to the original Kesler tract now owned by D. L. Jordan, et ux; thence, along the old Crossling line and the west line of the said Jordans' land, N. 12° 45' W. 250.0 feet to a point in Tinker Creek on the line of other land owned by D. L. and Mary H. Jordan; thence, down said Creek and partly along the line of said other land of the said D. L. Jordan, et ux., from Bernard C. Hughson, et ux, et al., by deed of record in the Clerk's Office of the Hustings Court of the City of Roanoke in Deed Book 925, page 218, N. 86° 30' W. 321.0 feet to a point; thence, S. 64° 10' W. 428.0 feet to a point; thence, S. 31© 30' W. 121.0 feet to a point; thence, S. 10° 30' E. 108.O feet to a point; thence, S. 39° E. 120.0 feet to a point; thence, S. 44© E. 28.0 feet, more or less, to a point at the northwest corner of a 1.24 acre tract of land conveyed to S. J. Jones by D. L. Jordan, et al, by deed of record in the Clerk's Office of the Hustings Court of the City of Roanoke in Deed Book 944, page 392; thence, along the north line of the aforesaid 1.24 acre tract, N. 45° 15' 158.0 feet to a point on the westerly boundary line of the aforesaid 16.34 acre Jones tract; thence, along the westerly line of the 16.34 acre tract, N. 43© W. 65.0 feet, more or less, to a point on the old Holcomb line; thence, along the old Holcomb line and the north line of the aforesaid 16.34 acre Jones tract, N. 35© E. 312.0 feet, more or less, to the place of BEGINNING; containing 3.42 acres, more or less, being shown in detail on Plan No. 4173, prepared in the Office of the City Engineer, Roanoke, Virginia, under date of March 30, 1956, entitled "Plan Showing Property Proposed To Be Acquired by the City of Roanoke, Virginia, for Sanitary Land Fill"; and BEING the same property conveyed to R. T. Swicegood by E. W. Chelf, Special Commissioner, by deed dated May 21, 1947, of record in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 361, page 535. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in full force and effect from its passage. ATTEST: APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of April, 1956. No. 12715. AN ORDINANCE to amend and reordain Section =53, "Welfare Services", of the 1956 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~53, "Welfare Services", of the 1956 Appropriation Ordinance, ~e, and the same is hereby amended and reordained to read as follows, in part: WELFARE SERVICES ~53 Repairs to Building .................................. $ 700.00 327 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED A T~Ti~; S T :t~ Pre s i~]~-n-ff- IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of April, 1956. No. 12716. A RESOLUTION authorizing the improvement of the street lighting on and in the vicinity of Tenth Street, N. W., from Williamson Road to Orange Avenue; also, authorizing the installation of two street lights in Thrasher Park. BE IT RESOLVED by the Council of the City of Roanoke that the Appalachian Electric Power Company be, and it is hereby authorized to replace with 6000 lumen units sixteen existing 2500 lumen overhead incandescent street lights on Tenth Street, N. W., from Williamson Road to Orange Avenue, as follows: Pole No. 230-3059 - 110 feet south of Williamson Road. Pole No. 230-3061 - at Round Hill Avenue. Pole No. 230-3136 - at Hillcrest Avenue. Pole No. 230-3067 - at Highwood Avenue. Pole No. Pole No. Pole No Pole No Pole No Pole No 254-105 Pole No 254-83 Pole No. 254-72 Pole No. 254-9 Pole No. 254-577 Pole No. 254-580 Pole No. 254-587 230-3069 - at Forest Hill Avenue. 230-3567 - at Courtland Avenue. 230-3565 - at Valley View Avenue. 230-2531 - at Greenhurst Avenue. 230-2521 - at Levelton Avenue. - at Rockland Avenue. - at Shadeland Avenue. - at bridge over Lick Run. - at Thomas Avenue. - at Mercer Avenue. - at Staunton Avenue. - at Hanover Avenue. BE IT FURTHER RESOLVED that the Appalachian Electric Power Company be, and it is hereby authorized to relocate four existing 2500 lumen overhead incandescent street lights at certain locations on Tenth Street, N. W., and change said street lights to 6000 lumen units, as follows: From Pole No. 230-3558 - at Greenland Avenue. To Pole No. 230-3559 - 30 feet south of Greenland Avenue. From Pole No. 230-2514 - at Hunt Avenue To Pole No. 230-2513 - 144 feet south of Hunt Avenue. From Pole To Pole No. 254-103 - at northwest corner of Alview Avenue - on east side of Tenth Street at Alview Avenue. From Pole No. 254-93 To Pole No. 254-92 - at Kellogg Avenue - 80 feet south of Kellogg Avenue. BE IT FURTHER RESOLVED that the Appalachian Electric Power Company be, and it is hereby authorized to install twelve additional 6000 lumen overhead incandescent street lights on Tenth Street, N. W., from ~illiamson Road to Orange Avenue, as follows: Pole No. 230-3060 - 135 feet north of Round Hill Avenue. Pole No. 230-3062 - 100 feet south of Round Hill Avenue. Pole No. 230-3064 - 285 feet north of Hillcrest Avenue. 328 Pole No. 230-3557 - 180 feet south of Forest Hill Avenue. Pole No. 230-2535 - 135 feet north of Greenhurst Avenue. Pole No. 230-2529 - 235 feet north of Levelton Avenue. Pole No. 230-2519 - 45 feet north of Hunt Avenue. Pole No. 254-110 - 235 feet north of Rockland Avenue. Pole No. 254-11 - 190 feet south of Thomas Avenue. Pole No. 254-13 - 100 feet south of Rugby Boulevard. Pole No. 254-585 - 170 feet north of Hanover Avenue. Pole No. 254-594 - 90 feet south of Hanover Avenue. BE IT FURTHER RESOLVED that the Appalachian Electric Power Company be, and it is hereby authorized to install seven additional 2500 lumen overhead incandescent street lights in the vicinity of Tenth Street, N. ~., from Nilliamson Road to Orange Avenue, as follows: Pole No. 230-2016 - on Greenland Avenue, third pole west of Tenth Street. Pole No. 230-3562 - on Greenland Avenue, second pole east of Tenth Street. Pole No. 230-2551 - on Hunt Avenue, third pole west of Tenth Street. Pole No. 230-2517 - on Hunt Avenue, third pole east of Tenth Street. Pole No. 254-109 - on Rockland Avenue, third pole west of Tenth Street. Pole No. 254-96 - on Kellogg Avenue, third pole east of Tenth Street. Pole No. 254-15 - on Rugby Boulevard, second pole west of Tenth Street. BE IT FURTHER RESOLVED that the Appalachian Electric Power Company be, and it is hereby authorized to install two 2500 lumen overhead incandescent street lights in Thrasher Park at locations to be approved by the Director of Parks and Recreation. Said lights to be maintained under the contract existing between the Appalachian Electric Power Company and the City of Roanoke. BE IT FURTHER RESOLVED that the Appalachian Electric Power Company be, and it is hereby authorized to remove one existing 2500 lumen overhead incandescent street light at Tenth Street and Rugby Boulevard, N. W. APPROVED Clerk pr e s ~-T/r~--n-F~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of April, 1956. No. 12717. A RESOLUTION amending the contract of September 28, 1954, between the City of Roanoke and the County of Roanoke dealing with the treatment of domestic and commercial wastes. WHEREAS, the Board of Supervisors of Roanoke County, Virginia, by a proper resolution, adopted on the 2nd day of March, 1956, requested the City of Roanoke to amend the contract of September 28, 1954, between the City of Roanoke and the County of Roanoke, dealing with the treatment of domestic and commercial wastes, to the extent only that said contract is hereinafter amended; which request is agreeable to this Council. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the contract of September 28, 1954, between the City of Roanoke and the County of Roanoke dealing with the treatment of domestic and commercial wastes be, and the -same is hereby, amended in the following respects only, viz.: (a) That the following described two (2) areas of land (one being the property of Miller E. Petty and the other being the property of W. W. Boxley, Estate) be added to, and included in, said contract to the full extent as if each of said areas were therein set out in extensio: BEGINNING at a point in the center of Carvins Creek on the south boundary line of the W. W. Boxley Estate and thence N 69° 26' E, 736 feet to a point; thence N 18° 44' W, 1041 feet to a point, and being the southwest corner of the Miller E. Petty property; thence S 87° 00' E, 1,023 feet to a point; thence N 07° 23' W, 2,178 feet to a point; thence N 67° 00' E, 448.8 feet to a point in the center of Virginia State Secondary Route =601, and being the southeast corner of mid Miller E. Petty property; thence with the center line of said Route ~601, N 11o 15' W, 1,155 feet to the northeast corner of the Miller E. Petty property; thence S 66° 10' W. 1,215 feet to a point; thence S 73° 48' W, 638 feet to a point; thence S 69° 45' W, 272 feet to a point near the center of Carvins Creek; thence in a southerly, westerly and easterly direction with said creek as the creek meanders the following bearings and distances: S 32° 06' W, 300 feet to a point; thence S 53° 28' W, 279 feet to a point; thence S 11° 08' W, 65 feet to a point; thence S 65° 40' E, 109 feet to a point; thence N 85° 30' E, 281.5 feet to a point; thence S 81° 45' E, 143 feet to a point; thence S 32° 51' E, 92 feet to a point; thence S 00° 35' W, 162 feet to a point; thence S 23° 34' W, 267 feet to a point; thence S 11° 30' W, 272 feet to a point; thence S 32° 15' W, 140 feet to a point and being a joint corner to the W. W. Boxley Estate, H. T. Hall estate, Mrs. Sarah Eggleton, and Miller E. Petty properties; thence S 21° 55' W, 425.6 feet to a point on the southeast side of Carvins Creek; thence S 36° 15' W, 171.6 feet to a point; thence S 62° 25' W, 435 feet to a point in the center of Carvins Creek; thence with Carvins Creek in a general southeasterly direction the following bearings and distances: S 21° 17' E, 91 feet to a point; thence S 52° 14' E thence S 48° 24' E thence S 43° 21' E thence S 14° 45' E thence S 45° 10' E thence S 24° 30' E thence S 42° 53' E thence S 49° 38' E thence S 24° 44' E thence S 61° 55' E 121 feet to a point; 304 feet to a point; 273 feet to a point; 340 feet to a point; 220 feet to a point; 305 feet to a point; 186 feet to a point; 250.4 feet to a point; 84 feet to a point; 140.5 feet to the point of BEGINNING and being the properties of Miller E. g Helen Petty as described in Will Book 5, Page 231; Deed Book 465, Page 340; and Deed Book 465, Page 342; and a portion of the W. W. Boxley Estate properties as described in Deed Book 169, Page 249; of record in the office of the Clerk of the Circuit Court of Roanoke County. (b) That domestic and commercial wastes, originating within the above-described areas 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 City's interceptor sewer, may also be delivered (c) That acceptable wastes originating within the aforesaid areas shall be delivered, by the County, to the City's sanitary sewer system at such point as is approved by the City's Director of Public Works or the City's Engineer and the requisite measuring meter installed, at said point of delivery, by the County; (d) That in all other respects said contract shall remain in f~ll force and effect. 2. That the City Clerk be, and he is hereby directed forthwith, to mail an attested copy of this Resolution to Roy K. Brown, Clerk of the Board of Supervisors, Roanoke County, Virginia. APPROVED ATT~ST: ~C x~ Clerk Pr e s~i-~e n t IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of April, 1956. No. 12718. A RESOLUTION directing the City Auditor to pay Rea Construction Company $390.00 for repaying a portion of Jefferson Street between Campbell and Salem Avenues. WHEREAS, in connection with the construction of the Jefferson Street Grade Crossing Elimination Viaduct and Project, it became necessary to relocate certain mains, drains, and sewers in Jefferson Street between Campbell and Salem Avenues and in doing so to remove a portion of the paving of said street; and ~ WHEREAS, the City Manager arranged to have the Rea Construction Company repave such portion of said street at a total cost of $390.00; one-half of which cost the Norfolk and Western Railway Company has agreed to refund to the City; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the action of the City Manager in employing Rea Construction Company to repave such portion of Jefferson Street at a total cost of $390.00; one-half of which cost the Norfolk and Western Railway Company has agreed to refund to the City, be, and such action is hereby, ratified and approved and the City Auditor is hereby directed to issue a City voucher payable to the Rea Construction Company in the sum of $390.00 in full payment of said Company's charge for repaving such portion of Jefferson Street, charging the same to the Jefferson Street Grade Crossing Elimination Viaduct Bond Fund. APPROVED A T~~,~, f/ Clerk President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of April, 1956. No. 12720. AN ORDINANCE to amend and reordain Section =30, "Jail", of the 1956 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of 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, "Jail", of the.1956 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: JAIL =30 Repairs to Jail ........................................ $ 6,600.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. clerk APPROVED President IN THE COUNCIL of the City of Roanoke, Virginia, The 30th day of April, 1956. No. 12721. A RESOLUTiON. accepting the~oposal of Adams Construction Company, Roanoke, Virginia, for the paving of streets at various locations in the City of Roanoke according to the Virginia Department of Highways Specifications dated April 1, 1954, in the total sum of $148,480.00; authorizing and directing the City Manager to execute the requisite contract; and providing for an emergency. WHEREAS, a committee;composed of Mr. Arthur S. Owens, City Manager, Mr. John L. Wentworth, Director of Public Works, and Mr. H. Cletus Broyles, City Engineer, upon the request of the Council of the City of Roanoke, has tabulated bids heretofore received for the paving of streets at various locations in the City of Roanoke according to the Virginia Department of Highways Specifications dated April 1, 1954, and WHEREAS, it appears from said tabulation that the bid of Adams Constructio Company, Roanoke, Virginia, in the total sum of $148,480.00, is the lowest and best bid received for the paving of streets at various locations in the City of Roanoke, and WHEREAS, this Council is of the opinion that the proposal of Adams Construction Company should be accepted and that a contract for the project should be so awarded to said Company, and WHEREAS, for the preservation of the public safety, an emergency is de- clared to exist. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows 1. That the bid of Adams Construction Company, Roanoke, Virginia, for the paving of streets at various locations in the City of Roanoke according to the Virginia Department of.Highways Specifications dated April 1, 1954, is hereby determined and declared to be the best bid therefor; and that a contract for said project be forthwith executed in the sum of $148,480.00. 2. That Arthur S. Owens, City Manager, be, and he is hereby authorized and directed, for and,on behalf of the City of Roanoke, to execute the contract herein provided for. ? 3. its passage. That, an emergency existing, this Resolution shall be in effect from APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of April, 1956. No. 12722. A RESOLUTION amending the contract of September 28, 1954, between the City of Roanoke and the County of Roanoke dealing with the treatment of domestic and commercial wastes. WHEREAS, the Board of Supervisors of Roanoke County, Virginia, by.a proper Resolution, adopted on the 19th day of March, 1956, requested the City of Roanoke to amend the contract of September 28, 1954, between the City of Roanoke and the County of Roanoke, dealing with the treatment of domestic and commercial wastes, to the extent only that said contract is hereinafter amended; which request is agreeable to this Council. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:. 1. That the contract of September 28, 1954, between the City of Roanoke and the County of Roanoke dealing with the treatment of domestic and commercial wastes be, and the same is hereby, amended in the following respects only, viz.: (a) That the following described area of land be added to, and included in, said contract to the full extent as if said area was therein set out in extensio: BEGINNING at a point on the north corner of the J. L. LaBrie property as recorded in Deed Book 521, page 515 in the Clerk's Office of the Circuit Court of Roanoke County and said point being on the .west side of State Secondary Route #623; thence N 38° 30' E. 483.3 feet to a point on the 3.25 northwest boundary of Starmount Subdivision, Section 1, Block 1; thence N 54 300.0 feet to a point; thence S 38° 30' 631.5 feet to a point; thence S 50° 39' 422.5 feet and crossing State Secondary Route ~623 to a point, and said point being the south corner of said J. L. LaBrie property; thence S 67° 00' E. 412.5 feet to a point on the northwest boundary of Dwight Hills Subdivision, Block 6; thence with the northwest boundary of said Dwight Hills Sub- division N 50° 50' E. 241.55 feet to a point on the west side of State Secondary Route ~623; thence N 67° 58' ~. 206.5 feet with the west right-of-way line of said Route ~623 to a point; thence again with the west right-of- way line of Route ~623 N 66° 57' W. 388.9 feet to the point of BEGINNING and enclosing the properties of Lonnie J. & Martha Arlene Slayton, William A. g Cecelia L. Obenshain, Jr., William A. Obenshain, J. L. LaBrie, and G. L. Whitlow. (b) 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.pom, and an average suspended solids content that exceeds 300 p.p.m., at the point of delivery to the City's interceptor sewer, may also be delivered to, and treated by, the City in accordance with said contract; (c) That acceptable wastes originating within'the aforesaid areas shall be delivered, by the County, to the City's sanitary sewer system at such point as is approved by the City's Director of Public Works or the City's Engineer and the requisite measuring meter installed, at said point of delivery, by the County; (d) That in all other respects said contract shall remain in full force and effect. 2. That the City Clerk be, and he is hereby directed forthwith, to mail an attested copy of this Resolution to Roy K. Brown, Clerk of the Board of Supervisors, Roanoke County, Virginia. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 1956. No. 12719. AN ORDINANCE establishing building setback lines on the south side of Day Avenue, S. W., from Jefferson Street to 1st Street, S. ~., extending 25.0 feet from the present center line of said Day Avenue, S. ~., as shown on Plan No. 4177 prepared in the Office of the City Engineer, Roanoke, Virginia, under date of April 5, 1956, and, also, on both the north and south sides of said Day Avenue, S. ~., from 1st Street to Franklin Road, S. N., extending 25.0 feet from the present center line of Day Avenue, as shown on the aforesaid plan, with the intent of providing a future 50.0 foot width for said Day Avenue from Jefferson Street to 334 WHEREAS, notic~ has been duly published as required by law and the property owners in the affected area~notified that Council would hold a public hearing on the 30th day of April, 1956, at 2:00 o'clock, p. m., in the Circuit Courtroom (Council Chamber) in the Municipal Building, Roanoke, Virginia, on the question of establishing building setback lines on.t, he south.side of Day Avenue, S. W., from Jefferson Street to 1st Street, S. W., extending 25.0 feet .from the present center line of said Day Avenue, as shown on Plan No'. 4177, prepared in the Office of the City Engineer, or Roanoke, Virginia, under date of April 5, 1956, and, also, on both the north and south sides of said Day Avenue from 1st Street to Franklin Road, S. W., extending 25.0 feet from the present center line of Day Avenue, as shown on the afor, esaid plan, .with the iatent o.f pro,vi~ing a future 50.0 foot width for said Day Avenue from Jefferson Street to Franklin Road, S. W.; and WHEREAS, said hearing was held at the time and place aforesaid before .the Council of the City of R,oan,ok~, at which hearing 411 property owners in the affectec area and all other persons were given an opportunity to be heard on the question; and WHEREAS, the Roanoke. City Planning Commission has recommended and, approved the establishment of said building setback lines on said streets for the purposes hereinabove state~; and WHEREAS, after hearing all of the evidence submitted, Council is of the opinion that said building setback lines should be established; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that building setback lines be, and the same are hereby, established on the south side of Day Avenue, S. W., from Jefferson Street to 1st Street, S. W., extending 25.0 feet from the present center line of said Day Avenue, a~ shown on Plan No.. 4177, prepared in the Office of the City Engineer, Roanoke, Virginia, under date of April 5, 1956, and, also, on both the north and south sides of said Day Avenue, S. W., from 1st Street to Franklin Road, S. W., extending 25.0 feet from the present center line of Day Avenue~ as shown on the aforesaid plan, with the intent of providing a future 50.0 foot width for said Day Avenue from Jefferson Street to Franklin Road, S. W. BE IT FURTHER ORDAINED that no building hereafter erected on any lot abutting said avenue shall extend over said setback lines as established by the provisions of this Ordinance. APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 1956. No. 12723. AN ORDINANCE approving certain proposed improvements of a bridge over Peters Creek on State Route No. 117; providing for the City's payment of one-half of the cost of such improvements; and appropriating the sum of $5,000.00 from the General Fund to Bridge Construction, Account No. 144, to provide for the payment therefore. WHEREAS, the Commonwealth of Virginia, Department of Highways, has proposed certain plans for strengthening and raising the capacity of the existing bridge over Peters Creek on State Route No. 117 at an estimated total cost of $9,000.00 and has requested that the City of Roanoke agree to participate in the total cost of such work, equally with the Commonwealth; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the proposal of the Commonwealth of Virginia, Department of Highways, to improve the bridge over Peters Creek on State Route No. 117 on the west corporate limits of the City be, and they are hereby, approved. BE IT FURTHER ORDAINED that the said City does hereby agree to participate equally with the Commonwealth in the payment of the total cost of the improvement of the aforesaid bridge, such total cost not to exceed the sum of $10,000.00 and the share of said City not to exceed the sum of $5,000.00. BE IT FURTHER ORDAINED that there be, and there is hereby, appropriated from the General Fund to Bridge Construction, Account No. 144, the sum of $5,000.00 to provide for the payment of the City's share of the aforesaid bridge improvement. ~ Clerk APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 1956. No. 12725. AN ORDINANCE to amend and reordain Section ~120, "Schools", of the 1956 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =120, "Schools", of the 1956 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: SCHOOLS =120 Equipment (1) ........................................ $ 40,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. lerk APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 1956. No. 12726. AN ORDINANCE to amend and reordain Section =142, "Transfer to Improvement Fund", of the 1956 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =142, "Transfer to Improvement Fund", of the 1956 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: TRANSFER TO IMPROVEMENT FUND ~142 School Land ........................................... $ 39,566.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED erk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 1956. No. 12727. AN ORDINANCE authorizing and directing that condemnation proceedings be instituted to acquire for and on behalf of the City the fee simple title in and to a certain tract of land situate in Roanoke County, Virginia, containing 3.732 acres, more or less, to be used for the purpose of constructing, enlarging, maintaining and operating the City's Municipal Airport and landing fields; and providing for an emergency. WHEREAS, Council of the City of Roanoke deems it necessary for the purposes' of said City to construct, enlarge, maintain and operate its present Municipal Airport, known as Woodrum Field, in Roanoke County, Virginia, and, in particular, to extend, enlarge and improve the existing N.E.-S.W. runway at said Municipal Airport in a northeasterly direction and, for the purpose, will require certain WHEREAS, the land hereinafter described, designated as a certain 3.732 acre tract of land, more or less, presently owned by Daniel H. Shepherd, and shown in detail on Plan No. 4066-2 prepared in the Office of the City Engineer of Roanoke, Virginia, under date of January 23, 1956, is wanted and needed by the City for the purposes aforesaid; and WHEREAS, duly authorized agents and officials of the City have heretofore made bona fide, but ineffectual, efforts to purchase the aforesaid 3.732 acre tract of land from its present owner but, nevertheless, the City has been unable to purchase said land because of an inability to agree with the owner thereof on the purchase price of the same; and WHEREAS, unless the fee simple title to the aforesaid 3.732 acres of land be acquired forthwith by the City, together with certain other lands needed for the purposes aforesaid, large sums of money may be lost to said City as a resul of such delay in acquiring title'to the aforesaid land and Council, accordingly, deems existing, for the usual daily operation of the Municipal Government and of the Roanoke Municipal Airport, a department of the City, an emergency 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 City Officials be, and they are hereby, authorized and directed to forth- with institute and conduct in the appropriate Court, or Courts, condemnation proceedings to acquire, for and on behalf of the City, the fee simple title to all that certain tract or parcel of land situate in Roanoke County, Virginia, bounded and described as follows: BEGINNING at a point on the present east line of Virginia Route No. 118 (now 40.0 feet wide) said beginning point being located S. 38° 45' 10" E. 697.91 feet from the present southeast corner of Virginia Route No. 118 and Virginia Route No. 117 (now 60.0 feet wide); thence, leaving Virginia Route No. 118 N. 49° 44' 50" E. 1235.41 feet to a point; thence, S. 22° 54' 19" E. 275.78 feet to a point; thence, S. 62° 36' 20" W. 1182.85 feet to the place of BEGINNING; and containing 3.732 acres, more or less, and being a portion of the same property con- veyed to Daniel H. Shepherd by Lyle Clay Bushong, et al by deed of record in Deed Book 497, page 569, in the Clerk's Office of the Circuit Court for Roanoke County, Virginia; Ail bearings hereinabove set out referring to the meridian of the Official Survey of the City of Roanoke, Virginia; It is the intent of this Ordinance to provide for the acquisition of all of the land now owned by Daniel H. Shepherd lying south of a line parallel to and 535.96 feet north of the center line, extended, of the N.E.-S.W. (Third) Runway of Roanoke Municipal Airport. The 3.732 acre tract of land hereinabove des- cribed being shown in detail on Plan No. 4066-2, prepared in the Office of the City Engineer, Roanoke, Virginia, under date of January 23, 1956, to which said plan reference is hereby made. BE IT FURTHER ORDAINED that, an emergency is hereby declared to exist and that this Ordinance shall be in full force and effect from its passage. APPROVED A~ST} IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 1956. No. 12728. AN ORDINANCE to amend and reordain Section ~63, "Building and Plumbing Inspection", of the 1956 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of 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, "Building and Plumbing Inspection", of the 1956 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: BUILDING AND PLUMBING INSPECTION #63 Gasoline and Oil ................... ' .................... $ 600.00 Automobile Allowance ................................... 1,600.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. Clerk A P P R O.V E D Preside~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 1956. No. 12729. AN ORDINANCE to amend and reordain Section ~144, "Bridge Construction", of the 1956 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~144, "Bridge Construction", of the 1956 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: BRIDGE CONSTRUCTION g144 Vinton Bridge ........................................... $ 4,436.42 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 1956. No. 12730. AN ORDINANCE authorizing and directing the acquisition of certain land known as lots 17 and 18, Block 1, according to the Map of Lincoln Court, upon certain terms and conditions; and providing for an emergency. WHEREAS, the City Planning Commission has heretofore proposed that the City acquire certain additional lands near Lukens Street and Orange Avenue to be used for the future improvement of the street system adjacent thereto, the particular lots hereinafter mentioned being a part of the land so recommended to be acquired; and WHEREAS, Mr. Johnnie Hood, the owner of lots 17 and 18, Block 1, according to the Map of Lincoln Court, has offered to sell and convey said two lots to the City, in fee simple, for a purchase price of $1550.00 cash, and the City Manager has recommended to the Council that said offer be accepted; and WHEREAS, a recent appraisal of the said two lots indicates to the Council that the aforesaid proposed purchase price is fair and reasonable and the Council is of opinion that the lot owner's offer should be accepted; and WHEREAS, the aforesaid offer, unless accepted by the City, would expire on or about the 12th day of May, 1956, and, for the usual daily operation of the municipal government an emergency is deemed 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 City Officials be, and they are hereby, authorized and directed to acquire, for and on behalf of the City, from Mr. Johnnie Hood, or the true and lawful owner thereof, the fee simple title to those two certain lots or parcels of land situate in said City, described as lots 17 and 18, Block 1, according to the Map of Lincoln Court, at a purchase price of $1550.00 cash, the same to be paid to the said owner, or owners, out of funds heretofore appropriated to Street Construction--Rights-of-Way, upon delivery to the City of a good and sufficient deed of conveyance upon such form as is first approved by the City Attorney or Assistant City Attorney, said deed to contain general warranty and modern english covenants of title. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in full force and effect from its passage. APPROVED / Cle'rk Pr e s i~--~-~' 340 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 1956. No. 12731. AN ORDINANCE extending the contract, for Water Department's street and sidewalk restoration, between the City of Roanoke and John A. Hall and Company which normally would have expired March 7, 1956, to June 30, 1956; awarding said Company a contract, based upon its proposal of February 27, 1956, for the period of time from July 1, 1956, to March 7, 1957; and providing for an emergency. WHEREAS, pursuant to advertisement therefore, two bids were filed in the Office of the City Clerk prior to twelve o'clock noon on February 27, 1956, for the performance of "miscellaneous, small area improved hard surface street and sidewalk restoration occasioned by the normal daily operations of the Water Department"; which said bids, agreeable to the advertisement therefore, were opened and read before this Council, at its regular session held at two o'clock, p. m., of that day, in the Council Chamber, in the Municipal Building, and in the presence of those bidders who chose to attend; and WHEREAS, Council thereafter appointed a committee, composed of Arthur S. Owens, Chairman, John L. Wentworth and G. H. Ruston, to study and tabulate the aforesaid bids and to report their findings to this Council at its next regular meeting to be held at two o'clock, p. m., on Monday, March 5, 1956; WHEREAS, the aforesaid committee, as directed, presented to this Council a written tabulation of said bids reporting therein, inter alia, that "John A. Hall and Co. is the low bidder by $219.O0. The Hall bid of $41,782.50 is approxi- mately 14% ($5,127.50) higher than his 1955 contract of $36,655.00"; and WHEREAS, Council, regarding the aforesaid low bid as excessive, directed G. H. Ruston, Manager of the Water Department, to interview the low bidder and endeavor to prevail upon said Company to extend its 1955 contract with the City, covering such work, for as long a period as possible; and it, also, directed the City Manager to make a study of the cost and capital outlays involved should the City elect to use its own forces to perform such work; and WHEREAS, the said John A. Hall and Company, by letter dated March 13, 1956, on file in the Office of the City Clerk, has agreed to** "continue to handle the Water Departments street and sidewalk restoration work until July 1, 1956, at the 1955 contract prices" (and) "After July 1, 1956, and until a period in the early part of March of 1957'* (to) then continue the street and sidewalk restoration work based on the unit prices in our (the Company's) bid of February 2~, 1956"; and WHEREAS, after thoughtful consideration, the City Manager recommended that the City not engage, at this time, in such a business, usually reserved to private enterprise, and, further, recommended acceptance of the amended proposal of John A. Hall and Company as embodied in the aforesaid letter of March 13, 1956; and WHEREAS, for the usual daily operation of the Water Department an emergency set forth and declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the letter to G. H. Ruston of March 13, 1956, to continue to handle the Water Depart- ment's street and sidewalk restoration work until July 1, 1956, at the 1955 contract prices and after July 1, 1956, and until March 7, 1957, on the basis of the unit prices set forth in said Company's bid of February 27, 1956, be, and the same is hereby, accepted for and on behalf of the City of Roanoke. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in force upon its passage. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of May, 1956. No. 12724. AN ORDINANCE enacted pursuant to the provisions of Section 15-766 of the Code of Virginia (1950) as amended to date providing for vacating, discontinuing and closing a portion of a certain roadway sometimes known as Oakland Boulevard approximately 16 1/2 feet in width situated in the City of Roanoke, State of Virginia, and hereinafter more particularly described. ~ WHEREAS, a petition has been filed with the Council of the City of Roanoke pursuant to the provisions of Section 15-766 of the Code of Virginia (1950) as amended to date, wherein it is asked that that portion of a certain roadway sometimes known as Oakland Boulevard approximately 16 1/2 feet in width extending northerly from the north line of Christian Avenue at its intersection with the present Oakland Boulevard a distance of approximately 500 feet to the north line of the proposed Section One of Fleming Oaks be vacated, discontinued and closed; and WHEREAS, due legal notice was posted as required by Section 15-766 of the Code of Virginia (1950) as amended to date, and in conformity with the law in such cases made and provided, the land proprietors affected thereby along that portion of said roadway have been notified; and, WHEREAS, by Resolution No. 12703 adopted on the 9th day of April, 1956, 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 roadway; and, WHEREAS, the viewers appointed reported, in writing, that after having been duly sworn, they viewed the said street 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, dis- continuing and closing said portion of said roadway; and, WHEREAS, the City Planning Commission has considered the request and has WHEREAS, the Council of the City of Roanoke caused a public hearing to be held on the question after publication of due notice thereof, at which hearing the property owners and other interested parties in the affected area were given an opportunity to be heard both for and against the request; and, WHEREAS, this Council, after considering the evidence submitted, is of the opinion that vacating that portion of a certain roadway sometimes known as Oakland Boulevard approximately 16 1/2 feet in width situated in the. City of Roanoke, State of Virginia, and more particularly described as follows, to-wit: That certain original roadway or right- of-way approximately 16 1/2 feet in width known sometimes as Oakland Boulevard extending northerly from the north line of Christian Avenue at its intersection with the present Oakland Boulevard a distance of approximately 500 feet to the north line of the proposed Section One of Fleming Oaks, 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 ~he Council of the City of Roanoke that that portion of a certain roadway sometimes known as Oakland Boulevard approximately 16 1/2 feet in width situated in the City of Roanoke, State of Virginia, and more particularly described as follows, to-wit: That certain original roadway or right- of-way approximately 16 1/2 feet in width known sometimes as Oakland Boulevard extending northerly from the north line of Christian Avenue at its intersection with the present Oakland Boulevard a distance of approximately 500 feet to the north line of the proposed Section One of Fleming Oaks, be permanently vacated, discontinued and closed as provided by Section 15-766 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, and that the City Engineer of Roanoke, Virginia, make appropriate notation of the vacation herein approved on the Official Map of the City of Roanoke. ATi Clerk APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of May, 1956. No. 12732. : 4b established on the west side of Third Street, S. W., between Campbell Avenue and Church Avenue pursuant to Ordinanc'e No. 10003 adopted May 31, 1949, upon certain terms and conditions. WHEREAS, application has been made to the Council for the license herein- after granted; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Southern Investment Company, Incorporated, be, and is hereby, granted temporary permission and license to construct show windows only, one story in height, easterly of and over a certain building setback line heretofore established by the Council on the 31st day of May, 1949, by its Ordinance No. 10003 on certain land in the City of Roanoke known as the eastern portion of lots No. 9, 10, 11 and 12, according to the W. W. Coe Map, also designated on the City's Tax Appraisal Map as lot No. 1011331, the aforesaid encroachment over said building setback line to be exercised by said licensee upon the following express terms and conditions, to-wit: 1. That the main portion of the structure proposed to be erected by the licensee on its said property will be erected west of the building setback line established by Ordinance No. 10003, aforesaid, and that the one story show windows appurtenant to said main structure, shall be the only portion of said structure erected east of the aforesaid building setback line; 2. That the one story show windows a.foresaid shall be installed and erected in full accordance with the terms and provisions of the Building Code of the City of Roanoke and shall be so built that the same can be removed from the main structure of the building, west of said setback line, should the City ever desire to acquire the land of. the licensee east of said setback line for street widening purposes. 3. That should the City of Roanoke not acquire the land east of said building setback line by purchase or otherwise within three years from the passage date of this Ordinance but thereafter acquire said land or any portion thereof on which said show windows may be constructed then, and in that event, Southern Investment Company, Incorporated, its successors or assigns, shall make no charge for, or assert no claim against the City for damage to the show windows constructed on said property east of the aforesaid building setback line; but the said Southern Investment Company, Incorporated, its successors or assigns, after said three-year period, would charge, or claim, only, the then fair market value of the land, exclusive of the value of said show windows as improvements thereon; 4. That the terms and conditions hereinabove provided shall be and constitute covenants running with the title to the land of the said Southern Investment Company, Incorporated, known as the eastern part of lots No. 9, 10, 11 and 12, according to the W. W. Coe Map, and also shown on the City's Tax Appraisal Map as lot No. 1011331 and shall be binding upon the said Southern Investment Company, Incorporated, its successors and assigns; and 5. That the said Southern Investment Company, Incorporated, shall prior to exercising any of the privileges granted by this Ordinance, for and on to the terms and conditions hereinabove enumerated and that the City Clerk is directed forthwith to have recorded in the Clerk's Office of.the Hustings Court an executed duplicate copy hereof. Signed, sealed and acknowledged in the aforesaid Ordinance: consent ce with the 1956 terms of SOUTHERN INVESTMENT COMPANY, INCORPORATED PresidenAz ATTEST: Secretary STATE OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, ~.~.. _~k4~.a-~2~-k-~_~~ , a Notary Public in and for the City of Roanoke, in the State of Virginia do hereby certify that and ~[~._. ~ Q~iT~a_~a~_ , President and Secretary, respectively, of SOUTHERN INVESTMENT COMPANY, INCORPORATED, of the City of Roanoke, whose names as such are signed to the foregoing Ordinance No. ~'~, ~ and consent agreement dated ~F~ \~ ~~ have person.ally appeared before me in my City and State aforesaid and acknowledged the same. GIVEN under my hand this ~%~ My commission expires: day of ~ ~n~ , 1956. - N"~/'~ ~ Public Clerk~ APPROVED Pre s~n t IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of May, 1956. No. 12733. AN ORDINANCE authorizing Elmore D'. Heins to lay certain temporary copper wire radials under a portion of Clay Street, S. E., and under a portion of a certain alley in the rear of lots No. 4320805 through 4320811, inclusive, as shown on the City's Tax Appraisal Map, upon certain terms and conditions. WHEREAS, application has been made to the Council for the license herein- after granted; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that, subject to the terms and conditions hereinafter stated, Elmore D. Heins be, and he is, hereby, granted permission to install and maintain under the surface of Clay Street, S. E., as it abuts lots No. 4320805 through 4320811, inclusive, as shown on the City's Tax Appraisal Map, and under the surface of the alley at the rear of the aforesaid seven (7) lots bare copper wire radials, size No. 10, the same to be buried at a depth of approximately three (3) feet from the ground surface, subject, however, to the following express terms and conditions: 1. That not more than twenty-five (25) such wire radials shall be buried under Clay Street, S. E., at three-degree (3°) intervals from the tower base on the licensee's property and that not more than thirty-six (36) such wire radials shall be buried under the aforesaid alley at the same intervals; 2. That the licensee will restore to the same condition as it exists at the time of such construction the surface of said street or alley under which the aforesaid wire radials may be buried at said licensee's sole cost and expense and, further, that the licensee, his personal representatives or assigns, will indemnify and save harmless the City of Roanoke from any damage or claim to damage or injury to persons or property by reason of the construction or existence of any of the aforesaid wire radials; 3. That the said licensee in laying the wire radials under the surface of the street and alley aforesaid will not damage any existing sewer line, water line or drain or the existing lines or property of any public utility company which may at this time be installed in, on, over or under the land in the aforesaid street or alley; 4. That the provisions of this Ordinance shall not, in any event, be taken to authorize said licensee or other persons in anywise to hinder, obstruct, impede or otherwise impair the full, free and safe use of the surface of said street or alley by the public or the rights of any person therein or thereto, heretofore or hereafter granted, and should the City hereafter desire to lay any public sewer line, water line or drain, or should it construct any other public improvement, or should it permit any public utility company to install any public utilities in, on, over or along said street or alley then, and in such event, or events, neither the City nor such public utility company shall in anywise be liable or responsible to said licensee for any damage done to such wire radials as may have been laid by the licensee in said street or alley, hereunder; and 5. That the aforesaid license so granted the said Elmore D. Heins shall become effective only upon the said Elmore D. Heins acquiring the title to the aforesaid lots No. 4320805 through 4320811, inclusive, according to Tax Appraisal Map, and thereafter shall be held and deemed to be a license merely and shall be revokable at the pleasure of the City Council or of the General Assembly of Virginia, and that the said Elmore D. Heins shall, prior to exercising any of the rights and privileges granted by this Ordinance, shall, for and on behalf of : 46 Signed and sealed in evidence of consent to and compliance with the terms of the aforesaid Ordinance: Elmore D. Heins APPROVED Pr e s i-~n t ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of May, 1956. No. 12734. AN ORDINANCE providing for the lease of certain City farm land located at Coyner Springs,~ in Botetourt County, Virginia. WHEREAS, the City heretofore advertised for bids for the leasing of approximately sixty-two (62) acres of land located near Coyner Springs, in Botetourt County, Virginia, subject to the terms and conditions, set out in said advertisement; and WHEREAS, two bids have been made to the City pursuant to said advertise- ment; one at a rental of $276.00, and the other at $510.00, both for the term of the lease; the latter being made by Max ,A. Murray and W. Kent Murray, trading as Murray Orchards - both the City Manager and the City Purchasing Agent having recommended the acceptance of the last mentioned bid; and WHEREAS, this Council concurs in said recommendations. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the bid of Max A. Murray and W. Kent Murray, trading as Murray Orchards, for the lease of approximately 50 acres of grazing land and 12 acres of alfalfa land owned by the City near Coyner Springs, in Botetourt County, Virginia, for a term from June 15, 1956, to December 31, 1958, at a rental of $51.O. O0, for the term, and upon the general terms contained in the City's advertisement for said bid be, and the same is hereby, accepted; and 2. That the City Manager be, and he is hereby, authorized and directed, for and on behalf of the City, to execute a written lease of the aforesaid lands to the said bidder, said lease to be upon such form as is prepared and approved by the City Attorney and to be upon such terms and conditions as are approved by the City Manager but shall, nevertheless., provide for the following: (a) That the $510.00 rental shall be payable as follows: $110.00. cash, payable upon the effective date of this ordinance; $200.00 cash, payable on January 1, 1957; and $200.00 cash, payable on January 1, 1958; (b) That the land shall be used by the Lessee for grazing and (c) That the Lessee will keep briars off of said land and will do such cleaning of the land as may be necessary for the best advantage of the pasture and may, at his election, reseed any or all of the alfalfa land at the Lessee's en- tire expense; the Lessee; (d) That the fences shall be maintained by and at the expense of A~ (e) That the City will not be responsible for any damage done the property of others by any livestock of the Lessee; and (f) That the said lease may be renewed upon its termination for a further period of two or three years by mutual agreement between the City and said Lessee. Clerk APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of May, 1956. No. 12736. A RESOLUTION authorizing the closing of the City's Tuberculosis Sanatorium at Coyner Springs. WHEREAS, within recent years, state-owned facilities for the treatment and care of tubercular patients have been expanded with the result of decreasing the need of the City's operation of its own Tuberculosis Sanatorium at Coyner Springs; and WHEREAS, it is contemplated that at some time during the period from July 1 to September 30 of the current year the State will have entirely assumed the responsibility of the treatment and care of all such patients at its own sanatoriums and facilities, thereby eliminating the City's need for a tuberculosis sanatorium. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be, and he is hereby, authorized and directed at such time during the period from July 1 to September 30 of the current year as the said City Manager deems advisable and expedient, to discontinue the treatment and care of tubercular patients at the City's Tuberculosis Sanatorium at Coyner Springs and, immediately thereafter, to close said facilities, subsequently to provide only for the adequate maintenance and protection of the City's Coyner Springs property, the expenses of such maintenance and protection to be paid out of funds heretofore appropriated to Public Health, Account No. 41. APPROVED :$48 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of May, 1956. No. 12737. AN ORDINANCE authorizing the City's acquisition of 1.0 acre of land, more or less, and the appurtenances thereon designated as lot No. 3240303 on the City's Tax Appraisal Map upon certain terms and conditions, the said land to be used for public purposes; providing for the payment of the sum of $5,000.00 therefor; and providing for an emergency. WHEREAS, the Council of the City of Roanoke deems it necessary for the purposes of said City to acquire certain additional land in the City, adjacent to other City owned property, to be used for the purpose of refuse disposal, one of the public purposes of the City; and WHEREAS, one James Reed Simmons, single, has offered, in writing, to sell and convey a certain 1.O acre tract of land, more or less, together with the appurtenances thereto belonging, situate on the east side of Thirteenth Street, N. E., and designated as lot No. 3240303 on the City's Tax Appraisal Map, at a purchase price of $5,000.00, cash, upon delivery to the City of a good and sufficient deed conveying the said land to the City with general warranty and modern english covenants of title, the said Simmons reserving, however, the right to hold possession of the said property, free of rent, for a period of six (6) months from the 2nd day of May, 1956, at which time he has offered to vacate the same and deliver possession thereof to the City; and WHEREAS, the said Simmons has tendered to the City a certain contract of sale prepared under date of May 2, 1956, embodying the terms and provisions afore- said, which said contract of sale would provide for full performance thereof within thirty (30) days from the date thereof and which said contract, as tendered, has been executed by the said James R. Simmons; and WHEREAS, the City Manager has recommended that he be authorized and directe to execute, for and on behalf of the City, the aforesaid contract of sale upon the terms and provisions hereinabove provided and that, thereafter, the proper City Officials be authorized to perform said contract on behalf of the City; and WHEREAS, for the ~ual daily operation of the Municipal Government, an emergency is hereby 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 the City Manager be, and he is hereby, authorized and directe~ to execute, for and on behalf of the City, that certain contract of sale, in writing, prepared under date of May 2, 1956, and heretofore signed by James Reed Simmons, agreeing to sell and convey to the City at a purchase price of $5,000.00, cash, a certain 1.0 acre tract of land, more or less, known as lot No. 3240303, according to the City's Tax Appraisal Map, such conveyance to be by deed containing general warranty and modern english covenants of title but reserving ,.3,49 2. That, thereafter, the proper City Officials shall be, and they are hereby, authorized and directed to accept, for and on behalf of the City, from the said James Reed Simmons, or the lawful owner thereof, a good and sufficien deed of conveyance upon such form as is first approved by the City Attorney or Assistant City Attorney conveying to the City the fee simple title to the aforesaid parcel of land with general warranty and modern english covenants of title and, upon delivery of such deed, to pay to the said Simmons, or the lawful owner of said land, the sum of $5,000.00, cash, the same to be paid out of funds heretofore appropriated by the Council for Departmental Equipment and Improvements Refuse Disposal - Purchase of Land. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in full force and effect from its passage. IST :7 Clerk APPROVED IN 'THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of May, 1956. No. 12738. A RESOLUTION accepting the proposal of Baker Equipment Engineering Company, Richmond, Virginia, for furnishing the City of Roanoke one 16-yard capacity rotary type load packer body in the amount of $5,132.00, f. o. b. factory, installed on city truck; authorizing and directing the Purchasing Agent to purchase the truck body in accordance with said proposal. WHEREAS, bids have heretofore been received from interested suppliers for the sale to the City of Roanoke of one 16-yard capacity rotary type load packer body, all of which said bids were heretofore opened and publicly read in the office of the City Purchasing Agent on April 18, 1956, and, thereafter, were reported to the Council of the City of Roanoke, and WHEREAS, it appears from a tabulation of said bids that the bid of Baker Equipment Engineering Company, Richmond, Virginia, for furnishing the truck body, in the amount of $5,132.00, f. o. b. factory, installed on city truck, is the lowest and best bid received on the truck body, and this Council is of the opinion that the proposal of said Baker Equipment Engineering Company should be accepted. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the proposal of Baker Equipment Engineering Company, Richmond, Virginia, for furnishing the City of Roanoke one 16-yard capacity rotary type load packer body in the amount of $5,132.00, f. o. b. factory, installed on city truck, is hereby determined and declared to be the best bid therefor and the same is hereby accepted. 2. That R. B. Moss, Purchasing Agent, be, and he is'hereby authorized and directed to purchase the truck body in accordance with said proposal. AT' APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of May, 1956. No. 12739. AN ORDINANCE to amend and reordain Section =31, "Juvenile Detention Home", of the 1956 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =31, "Juvenile Detention Home" of the 1956 Appropriation Ordinance be, and the same is hereby amended and reordained to read as follows, in part: JUVENILE DETENTION HOME ~31 Supplies ................................................ $ 2,835.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. C le~~k APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of May, 1956. No. 12740. AN ORDINANCE accepting the offer of Blue Ridge Optical Company, Inc., to convey, unto the City a five-foot strip of land off the northerly side of its lots Nos. 1020412 and 1020413 situate on the south side of Day Avenue, S. W.; and providing for an emergency. WHEREAS, Blue Ridge Optical Company, Inc., had offered to convey unto the City of Roanoke a five-foot wide strip of land off the northerly side of its lots Nos. 1020412 and 1020413 situate on the south side of Day Avenue, S. W., for $3,695.00, net cash; and WHEREAS, the Planning Commission has recommended the acquisition of said land and the City Manager has recommended the acceptance of the aforesaid offer; and If ' WHEREAS, for the usual daily operation of the Engineering Department an emergency is hereby set forth and declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the offer of Blue Ridge Optical Company, Inc., to sell and convey unto the City a five-foot wide strip of land off the northerly side of its lots Nos. 1020412 and 1020413 situate on the southerly side of Day Avenue, S. W., for $3,695.00, net cash, be, and said offer is hereby, accepted; 2. That the City Attorney be, and he is hereby, directed to make, or cause to be made, the requisite examination of title to the aforementioned real estate and, if it be determined that Blue Ridge Optical Company, Inc., may legally convey a marketable fee simple title thereto to the City of Roanoke, to prepare or approve a deed of bargain and sale; 3. That the City Auditor, upon being supplied a certificate of title by the City Attorney, showing said land to be free of liens and encumbrances and, also, the above-mentioned deed of bargain and sale properly executed by the grantor conveying the same to the City in fee simple, with covenants of General Warranty and modern english, and in form approved by the City Attorney, be, and he is hereby, authorized and directed to issue a City voucher in the amount of $3,695.00 and deliver such voucher to the proper officer of the aforesaid Corporation, in exchange for such deed; and passage. 4. An emergency existin9, this Ordinance shall be in effect from its APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of May, 1956. No. 12735. AN ORDINANCE vacating, abandoning and closing that portion of Park Road lying between its intersection with the westerly side of Ash Street and its intersection with the easterly side of certain property owned by the City of Roanoke Virginia, known as Mill Mountain Incline, and which lies wholly within the real estate owned by Roanoke Hospital Association and which is sometimes herein- after referred to as "that portion of Park Road." WHEREAS, Roanoke Hospital Association has presented to the Council of the City of Roanoke an Instrument in Writing, in compliance with Section 15-766.1 of the Code of Virginia, for the purpose of effecting the vacation, abandonment and closing of that portion of Park Road; and WHEREAS, Roanoke Hospital Association is the owner of all the land abutting on that nortion of Park Road: and WHEREAS, such vacation, abandonment and closing would not abridge or destroy any of the rights or privileges of other property owners; and WHEREAS, no inconvenience to the public would, or could, result from permanently vacating, abandoning and closing that portion of Park Road; and WHEREAS, there are no sewer lines, storm drains, water mains or other municipal installations now located in that portion of Park Road; and WHEREAS, the request of Roanoke Hospital Association for the vacation, abandonment and closing of that portion of Park Road was duly made to, and has been considered and approved by the City Planning Commission at a meeting h'eld on the 2nd day of May, 1956; and WHEREAS, notice of a public hearing on the request of Roanoke Hospital Association for the vacation, abandonment and closing of that portion of Park Road has been duly and timely published in "The Roanoke World-News", a newspaper published in the City of Roanoke, Virginia; and WHEREAS, the hearing as provided in said notice published in said newspaper was held on March 14, 1956, at 2:00 o'clock, p. m., before the Council of the City of Roanoke, in the Council Chamber in the Municipal Building, at which hearing the property owners and other interested p~rties in the affected area were given an opportunity to be heard both for and against the request; and WHEREAS, this Council, after considering the request and the evidence both for and against the same, is of the opinion that said request and the Instrument in Writing should be approved. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that it does officially approve and effect the vacation, abandonment and closing of, and does hereby, release and renounce all right, title, and interest of the City of Roanoke, Virginia, and the public, in and to, That portion of Park Road lying between its intersection with the westerly side of Ash Street and its intersection with the easterly side'of certain property owned by the City of Roanoke, Virginia, known as the Mill Mountain Incline, which is herein sometimes referred to as "that portion of Park Road." BE IT FURTHER ORDAINED that the City Engineer be, and he is hereby directed to mark "Permanently Vacated, Abandoned and Closed" that portion of Park Road on all maps and plats on file in the office of the City Engineer of the City of Roanoke, Virginia, on which that portion of Park Road is shown, and to make reference thereon to the Book and Page of Resolutions and Ordinances of the Council of the City of Roanoke, Virginia, wherein this Ordinance shall be spread, and to the Deed Book and Page in the Clerk's Office of the Hustings Court of the City of Roanoke, Virginia, wherein the said written Instrument, signed by Roanoke Hospital Association, and a copy of this Ordinance are spread of record. BE IT FURTHER ORDAINED that the Clerk of this Council shall deliver to Roanoke Hospital Association such certified copies of this Ordinance as may be requested by it. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of May, 1956. No. 12741. AN ORDINANCE authorizing and directing the proper City Officials, for and on behalf of the City of Roanoke, to execute a release deed unto Leon R. Kytchen, or his successors in title, if any, releasing and quitclaiming all right, title and interest of the City of Roanoke in and to a five-foot public utility easement lyinq between Lot 15, Block 1, accordinq to the Map of Swarthmore Place, recorded October 18, 1955, in the Clerk's Office of the Hustinqs Court in Plat Book 1, page 71, and Lots 3 and 4, Section 1, Hartman Court, recorded in said Clerk's Office, September 19, 1951, in Plat Book 1, page 11, eXtending northeastward from Ferncliff Avenue, N. W., west of Coveland Drive, and authorizin~ the abandonment of said five-foot public utility easement over said Lots 3 and 4, Section 1, Hartman Court. WHEREAS, the map of. Lots 3 and 4, Section 1, Hartman Court, of record in Plat Book 1, paqe 11, shows a five-foot public utility easement over said Lots 3 and 4, Section 1, Hartman Court, adjoining Lot 15, Block 1, Swarthmore Place, said easement extending northeastward from Ferncliff Avenue, N. W.; and WHEREAS, Leon R. Kytchen, the owner of said Lots 3 and 4, Section 1, Hartman Court, of record in Plat Book 1, page 11, petitioned the Council of the City of Roanoke to abandon said easement and the matter was referred by the Council of the City of Roanoke to the Planninq Commission for study and recommendation; and WHEREAS, the Planninq Commission on April 20, 1956, reported to the said Council that it had studied that matter and that it could not foresee any need for retaining the said five-foot easement and approved the abandonment of said easement. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the Mayor be, and he is hereby, authorized and directed, for and on behalf of the City of Roanoke, to execute a proper deed, releasin9 and quitclaiminq unto Leon R. Kytchen, or his successors in title, if any, all right, title and interest the City of Roanoke acquired by virtue of the recordation by Lee C. Hartman and wife of the Map of Section 1, Hartman Court, in Plat Book 1, page 11, to the five-foot public utility easement shown on said map over Lots 3 and 4, Section 1, Hartman Court, adjoining Lot 15, Section !, Swarthmore Place Map, of record in Plat Book 1, page 71, and that the City Clerk be, and he is hereby authorized and directed, for and on behalf of the City of. Roanoke, to attest said deed and affix the official seal of the City of Roanoke thereto. APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of May, 1956. No. 12742. A RESOLUTION accepting the proposal of Hammond's Printing and Litho. ~orks, Roanoke, Virginia, for printing 150 copies of the current voting list for the City of Roanoke at a price of $11.29 per page for an estimated 590 pages; and authorizing and directing the Purchasing Agent to purchase 150 copies of the voting list at a cost of approximately $6,661.10. ~HEREAS, two bids for printing 150 copies of the current voting list for the City of Roanoke were received and opened in the Purchasing Agent's Office on May 10, 1956, and ~HEREAS, the City Manager has presented the tabulation of the bids to this Council for its consideration on.the 21st day of May, 1956, and ~HEREAS, it appears from said tabulation that the bid of Hammond's Printing and Litho. Works, Roanoke, Virginia, for printing 150 copies of the current voting list for the City of Roanoke at a price of $11.29 per page for an estimated 590 pages is the lowest and best bid received and the City Manager has recommended that the proposal of Hammond's Printing and Litho. ~orks be accepted, and WHEREAS, this Council is of the opinion that the proposal of Hammond's Printing and Litho. Works should be accepted. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the proposal of Hammond's Printing and Litho. ~orks, Roanoke, Virginia, for printing 150 copies of the current voting list for the City of Roanoke at a price of $11.29 per page for an estimated 590 pages is hereby determined and declared to be the best bid therefor and the same is hereby accepted. 2. That R. B. Moss, Purchasing Agent, be, and he is hereby authorized and directed to purchase 150 copies of the voting list at a cost of approximately $6,661.10. APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of May, 1956. No. 12743. AN ORDINANCE to amend and reordain Section #60, "Police Department", of the 1956 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~60, "Police Department", of the 1956 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: POLICE DEPARTMENT ~60 Wages .................................................. $ 3,600.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of May, 1956. No. 12744. A RESOLUTION amending the contract between the City of Roanoke and the County of Roanoke dated September 28, 1954. BE IT RESOLVED by the Council of the.City of Roanoke, the Board of Supervisors of Roanoke County, Virginia, concurring: That the contract between said City of Roanoke and the County of Roanoke dated September 28, 1954, as heretofore from time to time amended, dealing with the treatment of domestic and commercial wastes, be, and the same is hereby, further amended, as follows, to-wit: 1. The trunk line sewer from the area described in Paragraph No. 1 of said contract, to the point of delivery at City Manhole ~62, shall extend in part and generally from a point in the County near the northerly end of the Hershberger Road bridge over Carvins Creek down the northerly side of Carvins Creek to Tinker Creek, and thence down the east side of Tinker Creek to a point near or opposite the City's Manhole =62 on its Tinker Creek interceptor line, and thence across Tinker Creek to connect to the City's interceptor line at said Manhole ~62. 2. The County agrees that the City shall have, and it is hereby given, the right, for the purpose of serving any properties located within the corporate limits of the City, to connect its, the City's, public sewer line or lines to any portion of the aforesaid trunk line or to any sewer line or lines of the Roanoke County Sanitation Authority or of the County of Roanoke, now or hereafter connected in any manner to the City's sewer system, at any point or points on any of said sewer lines without charge to the City or cost to the said Authority or County for such connection or connections; and, further, for the purpose of making such connection, the County agrees to furnish or cause to be ; 56 furnished to the City adequate easements, licenses or permits over and through such public roads and streets in the County and adequate easements over public and private properties owned by the County or over which the County or the aforesaid Authority has the legal right so to do. 3. The City agrees to pay or to give credit unto the County, as a charge for the transportation of such sewage originating within the City of Roanoke and delivered to any Roanoke County or Roanoke County Sanitation Authority sewer line or lines, a transportation charge of $5.00 per mile per million gallons of sewage so received or transported by the County or by said Authority to the City's public sewer system and, further, that sewage flow-meter readings will be adjusted in order that the County shall not be charged for the treatment of those quantities of sewage originating within the City and partly transported by the County or by said Authority, as aforesaid. 4. The measurement of such City sewage so received into said County's or said Authority's sewer line, or lines, and transported to the City's public sewer system, shall, as presently proposed by the County, be made by an'd be the equivalent of the sum of the water meter readings of the properties in the City connected as aforesaid to said County's or said Authority's sewer line or lines. The payment to the County for the transportation charge of $5.00 per mile per million gallons shall be made in accordance with the said measurements; provided, however, that at the request of the County at any time later made, the City will, within a reasonable time, provide and install, where practicable, at its own expense adequate sewage flow-meters to measure the quantity, or quantities, of all sewage delivered by the City to said County or to said Authority for transportation, whereupon the charges due the County for such transportation as hereinabove provided shall be determined by periodic readings of such meters. 5. As to the areas of the City from which sewage originates and will flow into any sewer line of said County or Authority, and as to the areas in the County from which sewage originates and will flow into any City sewer line, the County and the City agree that they will take all proper measures and will adopt and enforce such ordinances or laws as may be necessary and proper to prevent water other than that which flows through meters (such as from downspouts, basement drains, and the like) from entering the lines of either the City, the County or the Authority and they further agree that they will make such inspections as are proper to prevent excess infiltration. BE IT FURTHER RESOLVED that, in all other respects said contract of September 28, 1954, and all amendments thereto shall remain in full force and effect. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of May, 1956. No. 12745. AN ORDINANCE authorizing the City Manager to lease approximately four (4) acres of land from Mrs. Gale B. Cyphers for a three-year period, commencing June 1, 1956, for recreational purposes, at $50.00 per year; and providing for an emergency. WHEREAS, Mrs. Gale B. Cyphers has agreed to lease unto the City of Roanoke approximately four (4) acres of land situate between Bandy Road and Garden City Boulevard for a period of three years, commencing June 1, 1956, for athletic and recreational purposes at the rate of $50.00 per year, payable annually in advance; and WHEREAS, both the City Manager and the Director of Parks and Recreation have recommended that the City enter into such a lease; and WHEREAS, for the daily operation of the Department of Parks and Recreation, an emergency is set forth and declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the City Manager be, and he is hereby, authorized and directed, for and on behalf of the City of Roanoke, to enter into a rental agreement with Mrs. Gale B. Cyphers, for the leasing of approximately four (4) acres of land situate between Bandy Road and Garden City Boulevard, in the City of Roanoke, for the term of three years, commencing June 1, 1950, to be used by the City for athletic and recreational purposes at an annual rate of $50.00 per year, payable in advance and upon form approved by the City Attorney; the annual rent shall be paid from "Rentals" of the budget of the Recreation Department. 2. That an emergency existing, this Ordinance shall be in effect from its passage. APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of May, 1956. No. 12746. AN ORDINANCE ratifying and approving the act of the City Manager and of the City Clerk in executing a contract for, and on behalf of, the City of Roanoke with Rea Construction Company, Inc., bearing the date of March 5, 1956; appropriating $8,896.78 to defray the City's part of the obligation incurred under said contract; and providing for an emergency. WHEREAS, as directed in an executive session of this Council, but prior to the adoption of a formal ordinance authorizing the same, the City Manager and the City Clerk executed a contract for, and on behalf of, the City of Roanoke with Rea Construction Company, Inc., bearing the date of March S, 19§6, for "construction of concrete pavement, concrete curb and gutter, sidewalks, drainage lines, and other appurtenant work for constructing a roadway between Salem and Norfolk Avenues, S. E.", for the stated sum of $17,793.55; one-half of which sum and additional money is, as evidenced by correspondence between the City Manager and the Norfolk and Western Railway Company, to be paid directly to the Contractor by the said Railway Company; and WHEREAS, for the usual daily operation of the Engineering Department, an emergency is set forth and declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the act of the City Manager and of the City Clerk in executing a contract for, and on behalf of, the City of Roanoke with Rea Construction Company, Inc., bearing the date of March 5, 1956, for "construction of concrete pavement, concrete curb and gutter, sidewalks, drainage lines and other appurtenant work for constructing a roadway between Norfolk and Salem Avenues, S. E."., be, and said acts are hereby, ratified, confirmed, and approved. 2. That the sum of $8,896.78 be, and such sum is hereby, appropriated from the General Fund to the Street Construction Account, to be used to defray the City's part of the cost of the construction contemplated by said contract. 3. That an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Preside~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of May, 1956. No. 12747. AN ORDINANCE to amend and reordain Section ~5, "Commissioner of Revenue", of the 1956 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =5, "Commissioner of Revenue", of the 1956 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: COMMISSIONER OF REVENUE ~5 License Tags ......................................... $ 3,100.00 359 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of May, lq56. No. 12748. A RESOLUTION accepting the proposal of Snidow Drilling Company, Christiansburg, Virginia, for the drilling of drainage wells in the Williamson Road area of the City of Roanoke at specific locations designated by the Director of Public Works and to include the furnishing and installing of casings in the total sum of $8,700.00; and authorizing and directing the City Manager to execute the requisite contract. WHEREAS, a committee composed of Mr. Arthur S. Owens, City Manager, and Mr. John L. Wentworth, Director of Public Works, upon the request of the Council of the City of Roanoke, has tabulated bids heretofore received for the drilling of drainage wells in the Williamson Road area of the City of Roanoke at specific locations designated by the Director of Public Works and to include the furnishing and installing of casings, and WHEREAS, it appears from said tabulation that the bid of Snidow Drilling Company, Christiansburg, Virginia, in the total sum of $8,700.00, is the lowest and best bid received for the drilling of the drainage wells,and WHEREAS, this Council is of the opinion that the proposal of Snidow Drilling Company should be accepted and that a contract for the project should be so awarded to said Company. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the bid of Snidow Drilling Company, Christiansburg, Virginia, for the drilling of drainage wells in the Williamson Road area of the City of Roanoke at specific locations designated by the Director of Public Works and to include the furnishing and installing of casings, is hereby determined and declared to be the best bid therefor; and that a contract for said project be forthwith executed in the sum of $8,700.00. 2. That Arthur S. Owens, City Manager, be, and he is hereby authorized and directed, for and on behalf of the City of Roanoke, to execute the contract herein provided for. APPROVED ; 60 IN TIlE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of May, 1956. No. 12749. A RESOLUTION amending the contract of September 28, 1954, between the City of Roanoke and the County of Roanoke dealing with the treatment of domestic and commercial wastes. WHEREAS, the Board of Supervisors of Roanoke County, Virginia, by a proper Resolution, adopted on the 16th day of April, 1956, requested the City of Roanoke to amend the contract of September 28, 1954, between the City of Roanoke and the County of Roanoke, dealing with the treatment of domestic and commercial wastes, to the extent only that said contract is hereinafter amended; which request is agreeable to this Council. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the contract of September 28, 1954, between the City of Roanoke and the County of Roanoke dealing with the treatment of domestic and commercial wastes be, and the same is hereby, amended in the following respects only, viz.: (a) That the following described area of land be added to, and included in, said contract to the full extent as if said area was therein set out in extensio: BEGINNING at a point on the east side of Rodney Lane at the intersection of Rodney Lane, Avenham Avenue and Franklin Road, said point being at the southeast corner of said intersection; thence with the east right-of-way boundary line of Rodney Lane S. 21© 36' E. 904.24 feet to a point; thence with the center'line of Ludgate Lane S. 49° 18' W. 252.33 feet to a point; thence S. 14° 05' W. 292.5 feet to a point; thence S. 29° 07' E. 337.85 feet to a point; thence So 40© 07' E. 150.4 feet to a point; thence S. 64° 05' W. 368.12 feet to a point; thence S. 10° 00' E. 273.15 feet to a point and being the southeast corner of the Edgehi11 Cor- poration; thence with the boundary of "The Edgehill Estates, Inc.", S. 10° 00' E. 546.5 feet to a point; thence S. 80° 08' W. 1490.9 feet to a point on the east right-of-way line of U. S. Route 220; thence with said right-of-way line: N. 12° 53' W. 270.5 feet to a point; thence N. 6© 08' W. 131.25 feet to a point; thence N. 3° 46' W. 255.1 feet to a point; thence N. 8° 33' E. 286.1 feet to a point; thence N. 18° 37' E. 192.3 feet to a point; thence N. 15© 51' E. 198.0 feet to a point; thence N. 25° 24' E. 275.17 feet to a point; thence N. 32° 39' E. 97.62 feet to a point and said point being the intersection of the east right-of-way boundary of U. S. Route 220 and the south right-of-way boundary of State Secondary Route 661, Penarth Road; thence crossing Penarth Road N. 29° 43' E. 39.6 feet to a point; thence again with the east right-of-way boundary of U. S. Route 220 N. 33© 09' E. 1009.7 feet to a point; thence N. 51° 19' E. 646.85 feet and crossing Rodney Lane to the Point of BEGINNING and enclosing all of the Edgehill Corporation lands of record in Plat Book 1, page 340, of record in the Office of the Clerk of the Circuit Court of Roanoke County and the 35.5 acres, more or less, of The Edgehill Estates, Inc., as shown on the attached plat prepared by C. B. Malcolm ~ Son on March 23, 1956. (b) 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 City's interceptor sewer, may also be delivered to,and treated by, the City in accordance with said contract; (c) That acceptable wastes originating within the aforesaid areas shall be delivered, by the County, to the City's sanitary sewer system at such point as is approved by the City's Director of Public Works or the City's Engineer and the requisite measuring meter installed, at said point of delivery, by the County; (d) That in all other respects said contract shall remain in full force and effect. 2. That the City Clerk be, and he is hereby directed forthwith, to mail an attested copy of this Resolution to Roy K. Brown, Clerk of the Hoard of Supervisors, Roanoke County, Virginia. APPROVED m! ~T: j IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of May, 1956. No. 12750. AN ORDINANCE establishing a new schedule of rates for water pumped four times and furnished to consumers by the Water Department of the City of Roanoke; and providing for an emergency. WHEREAS, the cost of furnishing water to high elevations by pumping the water four times necessitates receiving additional revenues to defray the cost of supplying such water; and WHEREAS, for the public health and safety, an emergency is set forth and declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that on and after June 1, 1956, all billings by the Water Department to consumers of water pumped four times shall be in accordance with the schedule of water rates hereby established as Part D of the water rate schedule, to-wit: Part D. For all water delivered by pumping four times. 1. Quarterly Billing - Minimum Charges Allowance 600 Cu. Ft. per Quarter 5/8" Meter (Standard Size) 3/4" Meter 1" Meter 1 1/2" Meter 2" Meter 3" Me ter 4" Meter 6" Meter 8" Meter $ 4.95 5.70 6.45 7.95 11.70 16.95 24.45 31.95 36.45 In addition to these minimum charges, rates per lO0 cu. ft. in excess of 600 cu. ft. allowed under the minimum shall be as follows: For next 8,400 c~ ft. @ .52 per 100 cu. ft. " " 81,000 cu. ft. @ .44 per 100 cu. ft. " " 315,000 cu. ft. ~ .36 per 100 cu. ft. All over 405,000 cu. ft. @ .28 per 100 cu. ft. 2. Monthly Billing - Minimum Charges Allowance 200 Cu. Ft. per Month 5/8" Meter (Standard Size) $ 1.65 3/4" Meter 1.qO 1" Meter 2. 15 1 1/2" Meter 2.65 2" Meter 3.90 3" Meter 5.65 4" Meter 8.15 6" Meter 10.65 8" Meter 12.15 In addition to these minimum charges, rates per 100 cu. ft. in excess of 200 cu. ft. allowed under the minimum shall be as follows: For next 2,800 cu. ft. @ .52 per 100 cu. ft. " " 27,000 cu. ft. @ .44 per 100 cu. ft. " " 105,000 cu. ft. @ .36 per 100 cu. ft. All over 135,000 cu. ft. @ .28 per 100 cu. ft. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from and after the 1st day of June, 1956. APPROVED Clerk Pres1 e IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of May, 1956. No. 12751. A RESOLUTION accepting a sewer easement from James E. and Lelia M. Waltz. IVHEREAS, James E. and Lelia M. Waltz have tendered unto the City a deed dated April 27, 1956, conveying unto the City "the full and perpetual right and privilege of entering upon their land situate in the City of Roanoke, Virginia, on the east side of Barham Road, S. W., and constructing thereon" a sewer over the five-foot wide right-of-way shown on a sketch drawn on said deed of easement; and WHEREAS, said easement is necessary to the City for sanitary sewer purposes. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Clerk be, and he is hereby, authorized and directed to accept the above described deed of easement for, and on behalf of, the City of Roanoke and to cause the same to be spread of record in the Clerk's Office of the Hustings Court for the City of Roanoke, Virginia. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of June, 1956. No. 12754. AN ORDINANCE to amend and reordain Section =60, "Police Department", of the 1956 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =60, "Police Department", of the 1956 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: POLICE DEPARTMENT =60 Furniture and Equipment 4 Motorcycle Radio Units $ 1,950.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED AT : ' Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of June, 1956. No. 12755. AN ORDINANCE to amend and reordain Section =40, "Health Department", of the 1956 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~40, "Health Department", of the 1956 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: HEALTH DEPARTMENT ~40 Dental Clinics ...................................... $ 8,840.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Presi~--~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of June, 1956. No. 12752. AN ORDINANCE enacted pursuant to the provisions of Section 15-766.1 of and closing that portion of Hazelridge Road, N. W., extending northerly from Oakland Boulevard across Troy Avenue as shown on Map No. 11, William Fl-eming Court. WHEREAS, application has been made to the Council of the City of Roanoke to have approved a ceEtain instrument dated May 4, 1956, executed by Lena M. Nininger vacating, discontinuing and closing that portion of Hazelridge Road, N. W., extending from Oakland Boulevard northerly across Troy Avenue as shown on Map No. 11, William Fleming Court; and WHEREAS, the said Lena M. Nininger is the owner of all of the property abutting said portion of Hazelridge Road; and WHEREAS, the City Planning Commission has considered the request of said application and has recommended that the same be granted; and WHEREAS, this Council caused a public hearing to be held on June 4, 1956, pursuant to notice thereof, at which hearing, the citizens were given an opportunit to be heard both for and against the request of said.petition; and, WHEREAS, this Council, after considering the evidence submitted, is of the opinion that vacating said portion of Hazelridge Road will not abridge or destroy any of the rights and privileges of any other owners of property within the bounds of the area of land shown on said Map of William Fleming Court, and is further of the _opinion that said request should be granted. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that that certain instrument, executed by Lena M. Nininger, under date of May 4, 1956, permanently vacating, discontinuing and closing said portion of Hazelridge Road extending from Oakland Boulevard northerly across Troy Avenue as shown on Map No. ll.of William Fleming Court of record in Plat Book 1, page 49, be, and the same is hereby approved by this Council as provided by Section 15-766.1 of the Code of Virginia (1950) as amended to date; and 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 City Engineer of the City of Roanoke, Virginia, that the City Engineer of the City of Roanoke, Virginia, make appropriate notation of the vacation herein approved, and that said vacation instrument.dated.May.4,.1956,.be.recorded in the Clerk's Office of the Hustings. Court of the City of Roanoke, Virginia. APPROVED [/ Clerk Pres~-~efi IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of June, 1956. No. 12753. AN ORDINANCE granting permission to Albert R. Alouf to maintain certain encroachments over the North line of the sidewalk on the North side of Campbell North of Campbell Avenue, upon certain terms and conditions. WHEREAS, a survey of the property of Albert R. Alouf situate on the Northwest corner of Campbell Avenue and Fourth Street, S. W., in the City of Roanoke shown as number lOlO?OQ on the Official Tax Map of the City, and as Lot l, Block 13, according to the F. Rorer Map, made by C. B. Malcolm and Son, State Certified Engineers, dated May 25, lQ§6, shows that the building erected thereon by Albert R. Alouf in 1~46 projects Southerly .08 of a foot over the street or sidewalk line at the Western end of the building on the North side of Campbell Avenue and .33 of a foot over said line at the eastern end of the said building on the North side of Campbell Avenue, and .~5 of a foot over the sidewalk or street line on Fourth Street at the Southern end of the said building on Fourth Street and 1.45 of a foot over said sidewalk or street line at the Northern end of said building on Fourth Street, and WHEREAS, said encroachments appear to have been innocently and inadvertentl made due either to minor errors in the survey in the original Rorer subdivision, in the location of the stakes for the erection of said building in 1946, or in the change of street monuments, but the said errors do not impracticably affect, abridge or destroy any of the rights to the use of the said streets, and WHEREAS, the said Albert R. Alouf donated and gave to the City six feet on the Northern side of Campbell Avenue for said sidewalk in the year, 1946, and the other members'of his family likewise gave six feet for said purpose along the Northerly side of said Campbell Avenue to go with the donation by the said Albert R. Alouf for the entire block lying between Fourth and Fifth Streets, and WHEREAS, the said Albert R. Alouf has petitioned this Council for authority to maintain said encroachments upon the terms and conditions hereinafter provided; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that permission be, and the same is hereby, granted to Albert R. Alouf to maintain, subject to the terms and conditions hereinafter provided, the encroachment of the front wall of the said building located upon said Lot 1, Block 13, according to the F. Rorer Map, being Number.lOl0709 on the Official Tax Map of the City, over the front line of said lot onto the sidewalk or street area on the North side of Campbell Avenue for a distance of .08 of a foot at the Nestern end of the said building and .33 of a foot at the Eastern end of the said Building, and over the sidewalk or street line on the Nest side of Fourth Street for .95 of a foot at the Southerly end of said building and 1.45 of a foot at the Northerly end of said building; provided, however, that the aforesaid permission so granted shall be held and deemed to be a license merely and shall be revocable by this Council, or the General Assembly, or upon the removal or destruction of the said existing building, and that the said Albert R. Alouf shall, by acting under this Ordinance, be deemed to agree to indemnify and save harmless the City of Roanoke from all claims for damages to person or property by reason of the construction, existence or maintenance of the aforesaid encroachments. APPROVED ATT ST I IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of June, 1956. No. 12757. AN ORDINANCE repealing Ordinance No. 12745;.authorizing the City Manager to lease approximately four (4) acres of land from Gale B. Cyphers, et ux, for a term of one year, commencing June 1, 1956, for recreational purposes, at $50.00 for the term; and providing for an emergency. WHEREAS, the City Manager and the Director of Parks and Recreation understood and so reported to this Council that Gale B. Cyphers, et ux, had agreed to lease unto the City of Roanoke approximately four (4) acres of land situate between Bandy Road and Garden City Boulevard for a period of three years, commencing June 1, 1956, for athletic and recreational purposes, at the rate of $50.00 per year, payable annually in advance. And upon the recommendation of the said City Manager and Director of Parks and Recreation, this Council adopted its emergency Ordinance No. 12745 on the 28th day of May, 1956, authorizing and directing the City Manager to execute the contemplated lease for and on behalf of the City; and WHEREAS, upon tender of such lease executed by the City Manager, the aforesaid Gale B. Cyphers, et ux, declined to execute the lease but now say that they will lease said premises for said purposes for a one-year term, commencing as of June 1, 1956, at the rental of $50.00 for the term; and WHEREAS, both the City Manager and the Director of Parks and Recreation have recommended that the City enter into such a one-year lease; and WHEREAS, for the daily operation of the Department of Parks and Recreation, an emergency is set forth and declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That Ordinance No. 12745, adopted by this Council on the 28th day of May, 1956, be, and the same is hereby, repealed; 2. That the City Manager be, and he is hereby, authorized and directed, for and on behalf of the City of Roanoke, to enter into a rental agreement with Gale B. Cyphers, et ux, for the leasing of approximately four (4) acres of bottom land of that 4.72 acre tract of land, known as Official Tax Lot No. 4260501, situate between Bandy Road and Garden City Boulevard, in the City of Roanoke, for the term of one (1) year, commencing June 1, 1956, to be used by the City for athletic and recreational' purposes at the rate of $50.00 for the term, payable in advance and upon form approved by the City Attorney; the rent, therefore, shall be paid from "Rentals" of the budget of the Recreation Department; and 3. That an emergency existing, this Ordinance shall be in effect from its passage. APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of June, 1956. No. 12760. AN ORDINANCE accepting the offer of (Mrs.) Lena H. Arnold to donate an easement unto the City; and providing for an emergency. WHEREAS, in the development of Longwood Subdivision located on the east side of Peters Creek Road, the Subdivider has encountered a considerable drainage problem which could be simplified by the use of a drainage easement thr~gl property owned by (Mrs.) Lena H. Arnold; and WHEREAS, (Mrs.) Lena H. Arnold has offered to donate the requisite easement unto the City of Roanoke; and WHEREAS, by the usual daily operation of the Engineering Department, an emergency is set forth and declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the offer of (Mrs.) Lena H. Arnold to convey, without consideration, unto the City a lO-foot wide surface drainage easement approximately seventy-five (75) feet in length, and being an extension of an easement crossing Lot 13, Block 2, of the Longwood Subdivision and as shown on Plan and Profile No. 4103, on file in the City Engineer's Office, approved June 15, 1956, by H. Cletus Broyles, City Engineer; 2. That upon approval of the deed conveying said easement, as to form and execution, by the City Attorney, and the delivery thereof to the City Clerk, that the said City Clerk cause the same to be admitted to record in the Office of the Clerk of the Hustings Court for the City of Roanoke; 3. That the City Clerk thereafter mail an attested copy of this Ordinance to the said (Mrs.) Lena H. Arnold as evidence of this Council's appreciation for her co-operation with the City in the premises; and 4. That an emergency existing, this Ordinance shall be in effect from its passage. Clerk AP'PROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of June, 1956. No. 12761. AN ORDINANCE accepting the offer of O. J. Frink, Jr., et ux, to donate an easement unto the City; and providing for an emergency. WHEREAS, in the development of Longwood Subdivision located on the east ~id~ nf P~t~r~ Cr~k Rnnd the ~uhdivld~r hn~ ~nanunt~r~d a ~nn~iderabl~ drainaa~ WHEREAS, O. J. Frink, Jr., et ux, have offered to donate the requisite easement unto the City of Roanoke; and WHEREAS, by the usual daily operation of the Engineering Department, an emergency is set forth and declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the offer of O. J. Frink, Jr., et ux, to convey, without consideration, unto the City a 6 1/2-foot wide surface drainage easement approximately seventy-eight (78) feet long adjacent to the west line of Lot 10, Block 2, Longwood Subdivision Map and as shown on Plan and Profile No. 4103, on file in the City Engineer's Office, approved June 15, 1956, by H. Cletus Broyles, City Engineer; 2. That upon approval of the deed conveying said easement, as to form and execution, by the City Attorney, and the delivery thereof to the City Clerk, that the said City Clerk cause the same to be admitted to record in the Office of the Clerk of the Hustings Court for the City of Roanoke; 3. That the City Clerk thereafter mail an attested copy of this Ordinance to the said O. J. Frink, Jr., et ux, as evidence of this Council's appreciation for their co-operation with the City in the premises; and its passage. That an emergency existing, this Ordinance shall be in effect from APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of June, 1956. No. 12762. AN ORDINANCE providing for the payment of a judgment recovered against the City by M. S. Hudgins, et al; appropriating the sum of $10,648.63 for the payment thereof; and providing for an emergency. WHEREAS, as an outgrowth of the construction of the Tinker Creek section of the City's sewer interceptor lines by the firm of M. S. Hudgins, Joe Hudgins and Claude Pace, Jr., an honest dispute arose between the parties concerning the proper construction and interpretation of a portion of the written contract between said parties relating to the amount to be paid by the City for the excavation of rock encountered in said work; and WHEREAS, after extended negotiations between the parties which served only to crystallize the. difference of interpretation~.plac, ed upon the contract provision in question, the City at all .times maintaining the position that it was completely willing to pay said contractors the full amount~ of what was justly due said contractors under the terms of said contract.but that it was unwillinq to pay any portion of a debt which the City's officials considered was not legally due to be paid by the City, the said contractors instituted an action at law against the City in the Court of Law and Chancery of the City for the recovery of a judgment against the City for the disputed item; and WHEREAS, after protracted litigation in which the respective positions of the parties were fully presented and the evidence of said parties was heard by the Court, the Court rendered an opinion in the case, adversely to the City, holding it to be obvious that the deductive item for rock of $9,000.00 in the contractors' letter of November 5, 1950, to the City, was an estimated deduction and not a firm one as contended by the City, and should have been so considered, and thereafter awarded judgment against the City for the principal sum of $9,000.00 with interest thereon from June 12, 1953, and the plaintiffs' costs, to all of which action of the Court the city's attorneys objected on the ground that the decision and the judgment of the Court was contrary to the law and the evidence in the case; and WHEREAS, the dispute concerning said contract having now been decided by the judgment of the Court as aforesaid, the Council deems it proper to provide for the payment of said judgment by appropriating sufficient funds therefor from the Sewage Treatment Fund to the account for Capital Outlays from Revenue and, for the usual daily operation of the Municipal Government, deems 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 the proper City Officials be, and they are hereby, authorized and directed to draw and deliver to M. S. Hudgins, Joe Hudgins and Claude Pace, Jr., or to their counsel of record, the City's check or warrant in the' sum of $10,648.63 in payment of that certain judgment awarded in favor of said parties against the City in the Court of Law and Chancery of said City and docketed in Judgment Lien Docket Book 23, page 53, for the principal sum of $9,000.00 with interest from June 12, 1953, and costs and, upon delivery of said payment to said parties, obtain a full and proper release of said judgment in the Clerk's Office of the said Court. BE IT FURTHER ORDAINED that there be, and there is hereby, appropriated from the Sewage Treatment Fund to the account for Capital Outlays from Revenue, the sum of $10,648.63 to be used for the payment and satisfaction of the judgment aforesaid. BE IT FINALLY ORDAINED that, an emergency existing, this Ordinance shall be in full force and effect from its passage. APPROVED Cl~rk President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of June, 1956. No. 12763. A RESOLUTION expressing this Council's conditional intention of accepting a deed from Nancy E. Hamilton, et al, donating, unto the City of Roanoke, the real estate therein described. WHEREAS, Nancy E. Hamilton, et al, have tendered the City of Roanoke an executed deed dated April 30, 1956, presently in the custody of the City Clerk, donating unto the City the real estate therein described to be used for the purpose of connecting Wilkins Street to the north and Fourth Street to the south, N. E.; and WHEREAS, this Council appointed a committee to investigate this offer and to report to this Council with recommendations; and WHEREAS, such committee has made an investigation and has recommended that the City accept the donation after compliance with the two conditions hereinafter set forth. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said body does hereby declare its intention to formally accept, and cause to be admitted to record in the Hustings Court of the City of Roanoke, Virginia, a presently executed deed, now in the hands of the City Clerk, bearing date the 30th day of April, 1956, executed by Nancy E. Hamilton, et al, conveying, in consideration of $1.00, the land therein described to the City for the purpose of connecting Wilkins Street to the north and Fourth Street to the south, N. E., if and when the following conditions have been performed, without cost to the City, viz: 1. The area described in said deed has been graded to the approval of the Director of Public Works; and 2. A minimum of six (6) inches of compacted stone has been placed on the street in a manner meeting the approval of the said Director of Public Works. ' Cler,~ APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of July, 1956. No. 12756. AN ORDINANCE approving the vacation of a 10-foot alley in the City of Roanoke, Virginia, lying north of and parallel to Melrose Avenue, N. W., bounded on the east by Comer Street and dead-ending on the west against a tract of land. WHEREAS, pursuant to the provisions of Section 15-766.1, Code of Virginia (1950 Supp.) James E. Oyler, Helen T. Oyler and The Colonial-American National Bank of Roanoke, Virginia, have executed and acknowledged an instrument dated May 17, 1956, reciting that the plat of Block 1, West Park, reveals a certain lO-foot alley traversing Block 1, according to that map, and further reciting that the above parties have become the owners of all property abutting upon this alley and that it is the desire of these parties as all of the abutting landowners that this alley be permanently vacated; and WHEREAS, the proposed vacation of this alley has been submitted to and approved by the City Planning Commission in accordance with the provisions of Section 15-909, Code of Virginia (1950); and WHEREAS, the vacation of this alley will neither abridge nor destroy the rights or privileges of any other property owners; and WHEREAS, the abutting landowners have duly presented the foregoing matter by petition to this Council for approval, this Council being the governing body of the City in which the aforesaid alley is now located. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that it officially express its approval of the vacation of that certain 10-foot alley shown on the plat of West Park, as recorded in Plat Book 1, page 327, in the Circuit Court for Roanoke County, lying parallel to and approximately 160 feet north of Melrose Avenue, N. W., and bounded on the east by Comer Street and abutting on certain property owned by James E. Oyler and Helen T. Oyler on the west, and that all right, title and interest of the City of Roanoke and the public in the above described alley is hereby released insofar as this Council is empowere so to do. BE IT FURTHER ORDAINED that the City Engineer be directed to mark "Permanently Vacated, Discontinued and Closed" the above described alley on all maps and plats on file in his office upon which this alley may be shown with appropriate reference to the book and page of Resolutions and Ordinances of this Council, and to the book and page of the deed book in the Clerk's Office of the Hustings Court of this City where the instrument executed and acknowledged by the abutting landowners shall be filed for record. BE IT FURTHER ORDAINED that the Clerk of this Council deliver to the Clerk of the Hustings Court for the City of Roanoke a copy of this Ordinance in order that proper notation may be made on all maps and plats in said clerk's office upon which are shown the said alley; and further that the Clerk of this Council deliver to James E. Oyler and Helen T. Oyler and The Colonial-American National Bank of Roanoke, the abutting landowners, a certified copy of this Ordinance to be attached to the written instrument signed by said property owners and filed in the Clerk's Office of the Hustings Court for the City of Roanoke for record. APPROVED Pres-~dent 571 H IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of July, 1956. No. 12758. AN ORDINANCE accepting the offer of Thomas B. Stultz to convey unto the City a portion of Lot 2, Block 6, of a revised portion of the Williamson Court Map. WHEREAS, Thomas B. Stultz has offered to convey unto the City of Roanoke a part of Lot 2, Block 6, of a revised portion of the Williamson Court Map for $100.00 net cash; and WHEREAS, the Planning Commission has recommended the acquisition of said land and the City Manager has recommended the acceptance of the aforesaid offer. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the offer of Thomas B. Stultz to sell and convey unto the City a triangular shaped tract of land off of the rear of Lot 2, Block 6, of a revised portion of the Williamson Court gap, containing 912 square feet, more or less, as shown in detail on Plan No. 4189-1, dated June 13, 1956, filed in the Office of the City Engineer, for $100.00 net cash, be, and said offer is hereby, accepted; 2. That the City Attorney be, and he is hereby, directed to make, or cause to be made, the requisite examination of title to the aforementioned real estate and, if. it be determined that Thomas B. Stultz and/or the legal owner thereof may legally convey a marketable fee simple title thereto unto the City of Roanoke, to prepare or approve a deed of bargain and sale; and 3. That the City Auditor, upon being supplied a certificate of title by the City Attorney, showing the said land to be free of liens and encumbrances and, also, upon being assured that the deed of bargain and sale, properly executed by the grantors conveying the same to the City in fee simple, with covenants of General Warranty and modern english, and in form approved by the City Attorney, has been delivered to the City, be, and he is hereby, authorized and directed to issue' a City voucher in the amount of $100.00 and deliver such voucher to the parties entitled to receive the same, in exchange for such deed. APPROVED Pr~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of July, 1956. No. 12759. AN ORDINANCE accepting the offer of R. N. Martin to convey unto the City a portion of Lot 1, Block 6, of a revised portion of the ~illiamson Court Map. WHEREAS, R. N. Martin has offered to convey unto the City of Roanoke a part of Lot 1, Block 6, of a revised portion of ~illiamson Court Map, for $150.00 WHEREAS, the Planning Commission has recommended the acquisition of said land and the City Manager has recommended the acceptance of the aforesaid offer. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the offer of R. N. Martin to sell and convey unto the City an irregular shaped tract of land off of the rear of Lot 1, Block 6, of a revised portion of Williamson Court Map, containing 1931 square feet, more or less, as shown in detail on Plan No. 4189-1, dated June 13, 1956, filed in the Office of the City Engineer, for $150.00 net cash, be, and said offer is hereby, accepted; 2. That the City Attorney be, and he is hereby, directed to make, or cause to be made, the requisite examination of title to the aforementioned real estate and, if it be determined that R. N. Martin and/or the legal owner thereof may legally convey a marketable fee simple title thereto unto the City of Roanoke, to prepare or approve a deed of bargain and sale; and 3. That the City Auditor, upon being supplied a certificate of title by the City Attorney, showing the said land to be free of liens and encumbrances and, also, upon being assured that the deed of bargain and sale, properly executed by the grantors conveying the same to the City in fee simple, with covenants of General Warranty and modern english, and in form approved by the City Attorney, has been delivered to the City, be, and he is hereby, authorized and directed to issue a City voucher in the amount of $150.00 and deliver such voucher to the parties entitled to receive the same, in exchange for such deed. APPROVED ATTl .T: Pre s ~'i-de n t IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of July, 1956. No. 12765. A RESOLUTION accepting the proposal of Muddiman Electric Company, Roanoke, Virginia, for the replacement of four 440-volt circuits serving the Secondary Settling Basin, the Sludge Grinder and the Digester Control House at the Sewage Treatment Plant, in the amount of $5,750.00; and authorizing and directing the Purchasing Agent to issue an order for said replacement in accordance with said proposal. WHEREAS, bids have heretofore been received from interested suppliers for the replacement of four 440-volt circuits serving the Secondary Settling Basin, the Sludge Grinder and the Digester Control House at the Sewage Treatment Plant, all of which said bids were heretofore opened and publicly read in the office of the City Purchasing Agent on June 18, 1956, and., thereafter, were reported to the Council of the City of Roanoke, and WHEREAS, it appears from a tabulation of said bids that the bid of Muddiman Electric Company, Roanoke, Virginia, for said replacement, in the amount of $5,750. is the lowest and best bid received on the work, and this Council is of the opinion that the proposal of said Muddiman Electric Company should be accepted. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the proposal of Muddiman Electric Company, Roanoke, Virginia, for the replacement of four 440-volt circuits serving the Secondary Settling Basin, the Sludge Grinder and the Digester Control House at the Sewage Treatment Plant, in the amount of $5,750.00, is hereby determined and declared to be the best bid therefor and the same is hereby accepted. 2. That R. B. Moss, Purchasing Agent, be, and he is hereby authorized and directed to issue an order for said replacement in accordance with said proposal. APPROVED Pre s i-~ent IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of July, 1956. No. 12766. AN ORDINANCE to amend and reordain Section ~140, "Street Construction", of the 1956 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~140, "Street Construction", of the 1956 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: STREET CONSTRUCTION #140 Rights-of-Way ......................................... $ 35,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of July, 1956. No. 12768. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~121, "Libraries", of the 1956 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: LIBRARIES ~121 Salary, Extra Employees . ................................. $ 2,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Pre s'fde n t IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of July, 1956. No. 12769. AN ORDINANCE providing for a general compilation, recodification and printing of the general ordinances of the City of Roanoke; awarding a contract for the printing of said ordinances; and providing for an emergency. NHEREAS, Council has heretofore referred to a committee for study and recommendation the matter of compiling, recodifying and printing the general ordinances of the City, no such general recodification having been authorized since the year 1939; and WHEREAS, after extensive consideration and work, in the course of which it has become clear that numerous amendments will need to be made in the existing ordinances of the City in order to bring them more nearly up to date and in accord with existing conditions and with the general law and charter amendments as the same have, from time ~ time, been enacted; and WHEREAS, invitations have been extended by the City by advertisement in local newspapers and by personal notice to local and state printers and publishers for bids on the work of printing and furnishing in bound volume form the recodified ordinances of the City, as a result of which said invitations only two bids have been received, all local concerns having declined to bid for the reason that none are equipped to perform the services and work required in the undertaking; and WHEREAS, upon the opening of said two bids on the 29th day of June, 1956, it appeared that the bid of The Michie Company, Charlottesville, Virginia, at a price of $5,825.00 for 450 volumes of not more than 600 pages plus $6.50 per page for all pages over 600, is the lowest and best bid received for the work and that said bid of The Michie Company complies with the City's specifications for said work; and WHEREAS, the committee aforesaid has reported in writing to the Council , v]ENDED By No, I,I the bid of The Michie Company is.the lowest and best bid made for the work to be done and should be accepted by the City; and WHEREAS, for the usual daily operation of the municipal government, an emergency is hereby declared~to exist in order that this Ordinance may take effect upon its passage; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the bid.of The Michie Company for printing and furnishing a minimum of 450 volumes of not more than 600 pages per volume of the general Ordinances of the City of Roanoke, to be entitled "The Code of the City of Roanoke, 1956", at a price of $5,825.00 plus $6.50 per page for all over 600 pages in the completed work, together with all other terms and conditions of said bid and specifications be, and it is hereby, accepted, and the City Purchasing Agent is hereby notified and directed, for and on behalf of the City, to enter into a written contract with The Michie Company upon such form as is first approved by the City Attorney, puttin. the said bid into effect; BE IT FURTHER ORDAINED that the City Clerk be, and he is hereby, directed to supply the said company as quickly as possible the existing general Ordinances of the City considered by the aforesaid committee proper to be included in the aforesaid recodification, together with such proposed amendments to the same as may have heretofore or may hereafter be tentatively approved by the City Council and BE IT FINALLY ORDAINED that, an emergency existing, this Ordinance shall be in full force and effect from its passage. .. APPROVED A : .... : President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of July, 1956. No. 12770. AN ORDINANCE providing for the acquisition of a small parcel of land constituting the southeast corner of Jefferson Street and Elm Avenue, S. E.; designating the fund from which the purchase price thereof shall be paid; and providing for an emergency. WHEREAS, in the considered judgment of this Council, a small parcel of land constituting the southeast corner of the intersection of Jefferson Street and Elm Avenue, S. E., and being a small portion of Official Tax Lot No. 4020101, is needed and required to be acquired by the City for street widening purposes and the improvement of traffic conditions; and WHEREAS, this Council heretofore directed the City Manager to endeavor to obtain a cash offer from J. C. Wright, the reputed owner of the required land, WHEREAS, after having both said real estate and its severance damage to the residue of said Official Tax Lot No. 4020101 appraised by competent local realtors, the City Manager undertook to carry out his assignment and obtain, from the said J. C. Wright, such an offer to sell and convey said land unto the City of Roanoke; nevertheless, after protracted 'bona fide' negotiations, the said City Manager was not able to receive, from said reputed owner, an offer to sell and convey said land to the City except at a price far in excess of its value and severance damage to the residue, according to the appraisal made by the City's appraisers; and WHEREAS, for the usual daily operation of the Engineering Department, an emergency is set forth and declared to exist; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the City Manager be, and he is hereby, authorized and directed, for and on behalf of the City of Roanoke, to make unto J. C. Wright, and/or the lawful owner or owners of the hereinafter described real estate, a firm offer of $1,287.31, cash, to be paid in exchange for the delivery of a properly executed deed of bargain and sale, containing covenants of General Warranty and modern english, conveying unto the City of Roanoke, in fee simple, the said real estate which is situate in the City of Roanoke and is described as follows: BEGINNING at the present southeast corner of Jefferson Street and Elm Avenue; thence with ~e present south line of Elm Avenue, S. 83° 43' 31" E. 29.91 feet to a point; thence with a curved line to the left (radius of said curve being 30.0 feet, having a chord bearing and distance of S. 51° 21' 50" W. 42.36 feet) an arc distance of 47.03 feet to a point on the present east side of Jefferson Street; thence with same N. 6o 27' 11" E. 29.91 feet to the place of BEGINNING, containing 191.85 square feet, more or less, and being a portion of Lot 1, Block 1, Section Southeast 3, Official Survey Map. Reference is made to Plan No. 4167 filed in the Office of the City Engineer; which firm offer this Council considers to be fair and just for the real estate required for the aforesaid municipal purpose; 2. That if the said J. C. Wright, and/or the lawful owner or owners of the above-described real estate, is willing to accept the above-mentioned firm offe then, and in such event, the City Auditor, upon being delivered a proper certificat of title showing the said real estate to be free of liens and encumbrances and upon being assured, by the City Attorney, that a properly executed deed, in form approved by said Attorney, will be delivered unto the City in exchange for the voucher here mentioned, shall draw the voucher, payable as directed by the City Attorney, in the amount of $1,287.31 and deliver the same to the City Attorney to be exchanged for such properly executed deed; charging such voucher against the Street Construction--Rights-of-Way account; 3. That in event the said J. C. Wright, and/or the legal owner or owners of the above-described real estate, is unable or unwilling to accept the above firm offer from the City of Roanoke then, and in such event, the City Attorney is hereby directed to institute and conduct, or cause to be instituted and conducted, the appropriate legal proceeding, in the name of said City, to acquire, its passage. That an emergency existing, this Ordinance shall be in effect from APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of July, 1956. No. 12771. AN ORDINANCE accepting the offer of (Mrs.) Mary Elva Coulter to convey unto the City the 19.853 acres of land needed by the City in connection with the proposed extension, enlargement and improvement of the existing northeast-southwest runway at the Municipal Airport; and providing for an emergency. WHEREAS, agreeable to the directive contained in Ordinance No. 12713, adopted by this Council on the 23rd day of April, 1956, condemnation proceedings were instituted, and are now pending, in the Circuit Court for Roanoke County, Virginia, to acquire for the City from (Mrs.) Mary Elva Coulter 19.853 acres of land, more or less, as shown in detail on Plan No. 4066-1, prepared in the Office of the City Engineer of Roanoke, under date of January 17, 1956, for use in connection with the~oposed extension, enlargement and improvement of the existing northeast-southwest runway at the Roanoke Municipal Airport; and WHEREAS, following a pre-trial conference held for the purpose of settling certain questions of law arising in connection With the aforesaid condemnation proceeding, the said (Mrs.) Mary Elva Coulter offered to convey, unto the City, all of the right, title and interest in and to the aforesaid 19.853 acres Of land that the City sought to acquire in the condemnation proceeding and, also, all damage resulting to the residue of her real estate caused by the severance of the aforesaid 19.853 acres therefrom and the damage thereto resulting from the en- largement, maintenance and operation by the City of its aforesaid Municipal Airport for the sum of $45,000.00 cash; and WHEREAS, in the judgment of the City Manager and, also, of this Council, the aforesaid offer is fair and reasonable and the best interests of the City will be served by its acceptance; and WHEREAS, for the usual daily operation of the Municipal Airport and the City's Engineering Department, an emergency is set forth and declared to exist; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the offer of (Mrs.) Mary Eiva Coulter to sell and convey, unto the City, the 19.853 acre tract of land, more or less, shown in detail on Plan No' 4066-1, prepared in the OffiCe of the City Engineer of Roanoke, Virginia, under date of January 17, 1956, releasing all severance damage to the residue of her real estate and, further releasing all damage to such residue (including, but . 79 maintenance and operation of its Municipal Airport, known as Woodrum Field, in Roanoke County, Virginia, for $45,000.00 cash, be, and said offer is hereby, accepted; 2. That the City Attorney be, and he is hereby, directed to make, or cause to be made, the requisite examination of title to the aforesaid 19.853 acre tract and, if it be determined that (Mrs.) Mary Elva Coulter, or the record owner thereof, may legally convey a marketable fee simple title thereto unto the City of Roanoke, to prepare a proper deed of bargain and sale and present the same to the attorneys for the owner to have the same executed and delivered to the City; 3. That the City Auditor, upon being supplied a certificate of title by the City Attorney, showing said land to be free of liens and encumbrances and also evidence that the above-mentioned deed of bargain and sale has been properly executed and delivered unto the City conveying the said real estate unto the City in fee simple and with covenants of General Warranty and modern english and in form approved by the City Attorney, be, and he is hereby, authorized and directe to issue a City warrant in the amount of $45,000.00 for delivery to(Mrs.) Mary Elva Coulter, or the parties entitled to said fund, in exchange for said deed; charging said voucher to the Airport Improvement Fund; and 4. That an emergency existing, this Ordinance shall be in effect from its passage. ATT APPROVED Presiden~ ....... IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of July, 1956. No. 12772. AN ORDINANCE accepting the offer of Daniel H. Shepherd to convey unto the City the 3.732 acres of land needed by the City in connection with the proposed extension, enlargement and improvement of the existing northeast-southwest runway at the Municipal Airport; and providing for an emergency. WHEREAS, agreeable to the directive contained in Ordinance No. 12727, adopted by this Council on the 7th day of May, 1956, condemnation proceedings were instituted, and are now pending, in the Circuit Court for Roanoke County, Virginia, to acquire for the City from Daniel 9. Shepherd 3.732 acres of land, more or less, as shown in detail on Plan No. 4066-2, prepared in the Office of the City Engineer of Roanoke, under date of January 23, 1956, for use in connection with the proposed extension, enlargement and improvement of the existing northeast- southwest runway at the Roanoke Municipal Airport; and WHEREAS, following a pre-trial conference held for the purpose of City, all of the right, title and interest in and to the aforesaid 3.732 acres of land that the City sought to acquire in the condemnation proceeding and, also, all damage resulting to the residue of his real estate caused by the severance of the aforesaid 3.732 acres therefrom and the damage thereto resulting from the enlargement, maintenance and operation by the City of its aforesaid Municipal Airpor for the sum of $5.,142.50 cash; and ~HEREAS, in the judgment of the City Manager and, also, of this Council, the aforesaid offer is fair and reasonable and the best interests of the City will be served by its acceptance; and ~HEREAS, for the usual daily operation of the Municipal Airport and the City's Engineering Department, an emergency is set forth and declared to exist; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the offer of Daniel H. Shepherd to sell and convey, unto the City, the 3.732 acre tract of land, more or less shown in detail on Plan No. 4056-2, prepared in the Office of the City Engineer of Roanoke, Virginia, under date of January 23, 1956, releasing all severance damage to the residue of his real estate and, further releasing all damage to such residue (including, but being in no wise limited to, such damage as results from the partial closing of Virginia State Route No. 118) that may be occasioned by the construction, enlarge- ment, maintenance and operation of its Municipal Airport, known as ~oodrum Field, in Roanoke County, Virginia, for $5,142.50 cash, be, and said offer is hereby, accepted; 2. That the City Attorney be, and he is hereby, directed to make, or cause to be made, the requisite examination of title to the aforesaid 3.732 acre tract and, if it be determined that Daniel H. Shepherd, or the record owner thereof, may legally convey a marketable fee simple title thereto unto the City of Roanoke, to prepare a proper deed of bargain and sale and present the same to the attorney for the owner to have the same executed and delivered tothe City; 3. That the City Auditor, upon being supplied a certificate of title by the City Attorney, showing said land to be free~.liens and encumbrances and also evidence that the abovementioned deed of bargain and sale has been properly executed and delivered unto the City conveying the said real estate unto the City in fee simple and with covenants of General ~arranty and modern english and in form approved by the City Attorney, be, and he is hereby, authorized and directed to issue a City warrant in the amount of $5,142.50 for delivery to Daniel H. Shepherd, or the parties entitled to said fund, in exchange for said deed; charging said voucher to the Airport ~mprovement Fund; and 4. That an emergency existing, this Ordinance shall be in effect from its passage. A P P,R 0 V E D 38! IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of July, 1956. No. 12764. AN ORDINANCE granting to the Roanoke Gas Company a right-of-way and easement for a gas pipe line approximately one thousand seven hundred thirty-five and 15/100 (1,735.15) feet in length across the lands of the City of Roanoke, situate in the City of Roanoke, Virginia, adjoining Colonial Avenue, S. W., and the City of Roanoke Corporation Line. BE IT ORDAINED by the Council of the City of Roanoke that there be and there hereby is granted to the Roanoke Gas Company a permanent right-of-way and easement forty (40) feet in width to construct, operate, repair, replace and maintain a gas pipe line or lines (with appliances and accessories useful and necessary in connection therewith) over, under, through and across the south- westerly 40 feet of the City of Roanoke property, situate in the City of Roanoke, Virginia, adjoining Colonial Avenue and the City of Roanoke Corporation Line, beginning at the intersection of the City of Roanoke Corporation Line (the line of Samuel Ronk) and the northwesterly side of Colonial Avenue (State Route No. 612) and running thence along the City of Roanoke Corporation Line (the line of Samuel Ronk) in a northwesterly direction a distance of approximately one thousand three hundred five and 51/100 (1,305.51) feet to a corner in the City of Roanoke Corporation Line, and thence along the City of Roanoke Corporation Line (the line of Block No. 4 of Greenwood Forest Subdivision) in a northeasterly direction a distance of approximately 429.64 feet to the northerly line of Lot No. 10 of Greenwood Forest Subdivision projected to intersection with the aforesaid 40-foot easement, the said easement being more particularly shown on a plat for Roanoke Gas Company dated June 14, 1956, captioned "Easement Across Property of City of Roanoke". BE IT FURTHER ORDAINED that the proper officers of the City of Roanoke are hereby authorized to execute and deliver on behalf of the City a written easement carrying out the intent of this Ordinance subject to the Roanoke Gas Company's first paying to the City of Roanoke for said easement the sum of $10.00 and con- ditioned upon its agreeing to pay annually unto the City the same per foot rate as if the line were laid entirely in city streets and to hold harmless the City from any liability based upon the negligence of the Roanoke Gas Company with respect to said easement and the written easement shall also be subject to approval as to other terms by the City Manager and the City Attorney. APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of July, 1956. No. 12767. AN ORDINANCE granting a permit to Norfolk and Western Railway Company to construct, maintain and operate a spur or industrial lead track across Eleventh Street, N. E., for a distance of approximately sixty feet. BE IT ORDAINED by the Council of the City of Roanoke that a permit be, and one is hereby granted to Norfolk and Western Railway Company to construct, maintain and operate locomotives and cars upon a spur or industrial lead track across Eleventh Street, N. E., a distance of approximately sixty feet at a point near the intersection of said Eleventh Street, N. E., with the southerly side of Gregory Avenue, N. E., as shown on said Railway Company's Plan N-~325-B, prepared in the Office of its Chief Engineer and dated May 29, 1956, print of which said Plan is on file in the City Clerk's office and by this reference made a part hereof; said permit being granted, however, upon the following conditions: 1. That in constructing said track the present grade of Eleventh Street, N. E., shall not be substantially changed or interfered with and the tops of the rails of said track shall be made to conform to said grade; and 2. That the street area occupied by the said track shall be paved with the same material as that used on the street and the said track and the street area lying five feet on either side of the center line of said track shall be maintained in good repair by said Railway Company without cost to the City; and 3. That said permit may be revoked by the Council of the City of Roanoke at any time upon thirty days' notice, in which event said Railway Company shall forthwith remove said tracks and restore that portion of the street occupied by said tracks to the same condition as prevailed in said street adjacent thereto. A P P R 0 V E D IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of July, 1956. No. 12773. AN ORDINANCE authorizing and directing the proper City officials to execute a deed of release and quitclaim of a certain easement unto S. Lewis Lionberger, et ux, or to the present owners of property in the City of Roanoke, Virginia, designated as Lots 3-A and 3-B, according to a map prepared for Roanoke Glass Company, Incorporated, by James F. McTier, under date of March 20, 1926, and recorded in Deed Book 547, page 95, in the Clerk's Office of the Hustings WHEREAS, by deed dated January 27, lq37, and recorded in the Clerk's Office of the Hustings Court for the City of Roanoke, Virginia, in Deed Book 547, page 115, Roanoke Glass Company, Incorporated, conveyed to Roanoke Water Works Company, a right-of-way and easement for a 16-inch water main through and across portions of Lots 3-A and 3-B, according ~ the recorded map of the Roanoke Glass Company property, of record in Deed Book 547, page 95, in the aforesaid clerk's office, the location of which 16-inch water main is shown on the map attached to the said deed of easement at page 118 of Deed Book 547; and WHEREAS, the City of Roanoke subsequently acquired title to said easement; and WHEREAS, that portion of the 16-inch water main shown on the last mentioned map which does not lie parallel and adjacent to the Norfolk and Western Railway Company's right-of-way for its Winston-Salem Division, is no longer necessary or useful for the purposes of the City and has been abandoned by the Water Department; and WHEREAS, the City Manager and the Manager of the City's Water Department have recommended to the Council that the aforesaid abandoned portion of said ease- ment is no longer needed for the purposes of the City and should be released to the present owners of the land through which said easement runs; and WHEREAS, the abandoned portion of the water main has been replaced by other facilities; and WHEREAS, S. Lewis Lionberger and Frances J. Lionberger by mesne conveyances from Roanoke Glass Company, Incorporated, have acquired title to Lots 3-A and 3-B shown on the aforesaid map and have requested Council to authorize the release and quitclaim of the unused portion of the easement aforesaid. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the proper City officials be, and they hereby are, authorized and directed for and on behalf of the City of Roanoke to execute a proper deed approved by the City Attorney whereby the said City will release, relinquish and forever quitclaim unto S. Lewis Lionberger and Frances J. Lionberger, all right, title and interest which the City may have or claim to have by virtue of the easement conveyed to Roanoke Water Works Company by the deed above recited, and subsequently acquired by the City of Roanoke, in and to that portion of the 16-inch water main shown on the map of record in Deed Book 547, page 155, in the Clerk's Office of the Hustings Court for the City of Roanoke, Virginia, which is not parallel and adjacent to the eastern right of way of the Winston-Salem Division of the Norfolk and Western Railway Company. APPROVED J Cl~rk Pres l-tlm?iT-~ .384 BEPEALED By IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of July, 1956. No. 12774. AN ORDINANCE making it unlawful for any public carrier to take on and also discharge passengers within the City of Roanoke without first obtaining a license, contract or franchise from the City to do so. BE IT ORDAINED by the Council of the City of Roanoke as follows: It shall be unlawful for any public carrier to permit any passenger to enter its conveyance within the City of Roanoke and also to discharge such passenger before having first traversed the corporate limits of the City, without previously obtaining a license, contract or franchise from the City to do so. Any public carrier found guilty of violating this Ordinance shall be fined not less than ten dollars nor more than one hundred dollars for each offense. BE IT FURTHER ORDAINED that this Ordinance shall be in full force and effect on and after October 15, 1956. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of July, 1956. No. 12775. A RESOLUTION providing for the appointment of five freeholders, any three of whom may act as viewers in connection with the petition of Hans C. Lund to permanently vacate, discontinue and close a certain mapped, but undeveloped, portion of Speedwell Avenue, N. W., approximately 175 feet in length from the south line of Churchill Drive, N. W., to a lO-foot undeveloped alley in Block 7, Dorchester Court, City of Roanoke, Virginia. WHEREAS, it appearing to the Council of the City of Roanoke, Virginia, upon the petition of Hans C. Lund that said petitioner did duly and legally publish as required by Section 15-766, Code of Virginia (1950) as amended, a notice of his application to the Council of the City of Roanoke, Virginia, to close the hereinafter described street, the publication of which was had by posting a copy of 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), No. 311 Second (Randolph Street, S. E., and at two other places in said City in the neighborhood of the property described in said petition, as provided by the aforesaid sections of the Virginia Code, as amended, all of which is verified by an affidavit appended to the petition addressed to the Council requesting that the hereinafter described street be permanently vacated, discontinued and closed, and WHEREAS, it appearing to the Council that more than five days have elapsed since the publication of such proper legal notice, and the Council having considered said petition of the applicant to permanently vacate, discontinue and close a certain mapped, but undeveloped, portion of Speedwell Avenue, N. approximately 175 feet in length from the south line of Churchill Drive, N. to a 10-foot undeveloped alley in Block 7, Dorchester Court, City of Roanoke, Virginia, and WHEREAS, the petitioner has requested that five viewers, any three of whom may act, be appointed to view the above described street herein sought to be permanently vacated, discontinued and closed and report in writing, as required by Section 15-766, Code of Virginia (1950) as amended. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Messrs. James A. Turner, R. L. Rush, C. Wo Francis, Jr., L. S. Waldrop and T. Howar¢ Boyer, any three of whom may.act, be, and they are hereby appointed as viewers to view the aforesaid street and report in writing pursuant to the provisions of Section 15-766, Code of Virginia (1950) as amended, whether or not in their opinion any, and if any, what inconvenience would result from formally vacating, discontinuing and closing the aforesaid street. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of July, 1956. No. 12776. AN ORDINANCE aut~horizing and directing the acquisition of certain lands on the ~north side of Salem Avenue between Jefferson Street and 1st Street, S. for street widening purposes; appropriating $70,000.00 for the purchase thereof; and providing for an emergency. WHEREAS, it is deemed necessary and expedient by the Council that Salem Avenue, S. W., between Jefferson Street and 1st Street, S. W., be improved by the widening thereof as hereinafter provided, in the course of which it is necessary that the City acquire certain additional lands as hereinafter described; and WHEREAS, the City has caused appraisals to be made of the lands needed to be acquired and, as well, of the damages, if any,to the residue properties resultin from the severance therefrom of the small strip hereinafter described and the alteration of existing buildings thereon to conform to the proposed new street line; and WHEREAS, Council deems the sums hereinafter provided as purchase prices WHEREAS, Council deems it necessary that the said lands be immediately acquired in order to be put into use for public street purposes along with the use of the new Jefferson Street Viaduct now under construction and nearing completion and, for the usual daily operation of the municipal government, 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 the C Manager be, and he is hereby, authorized and directed, for and on behalf of the City, to offer to purchase from the respective owners thereof for the cash purchase price in each case hereinafter provided, the following described parcels of land situate on the north side of Salem Avenue, S. W., between Jefferson Street and 1st Street, S. W., viz.: a. From the heirs of the W. V. Kirk Estate, a 13-foot wide strip of land fronting 35.05 feet on the north side of Salem Avenue, shown as Parcel No. 4 on Plan No. 4057-3 on file in the Office of the City Engineer $14,900.00; b. From Goodwill Industries and Gospel Mission, a 13-foot wide strip of land fronting 55.07 feet on the north side of Salem Avenue, shown as Parcel No. 3 on Plan No. 4057-3 on file in the office of the City Engineer $19,300.00; c. From Whiting 0il Corporation, a 13-foot wide strip of land fronting 175.48 feet (described as 175.70 feet by deed) on the north side of Salem Avenue, shown as Parcel No. 2 on Plan No. 4057-2 on file in the office of the City Engineer- - $35,650.00; said City Manager being hereby authorized and empowered in each case to enter into written contracts with the respective landowners for the City's purchase of the land aforesaid, said contract of purchase to be upon such form as is first approved by the City Attorney but to provide, inter alia, for the conveyance of the land to the City in fee simple, with General Warranty and modern english covenants of title and to expressly provide that the respective purchase prices hereinabove provided shall, in each case, be in full payment for the said land and for all damages to the residue of said land and to the improvements there- on and for the owners' costs of repairs or alterations resulting from the severance of the 13-foot wide strip of land therefrom; BE IT FURTHER ORDAINED that there be, and there is hereby, appropriated from the General Fund to Account No. 142 - Improvement Fund - Salem Avenue Project, the sum of $70,000.00 to be used to provide the several purchase prices hereinabove provided; and the proper City Officials are hereby authorized and empowered to pay to the legal owner or owners of any or all of the three parcels of land herein- above described, by the City's check, the respective purchase prices hereinabove set out for the land so being acquired upon delivery to the City of a good and sufficient deed of conveyance upon such form as is first approved by the City Attorney, and properly executed and acknowledged; and BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in full force and effect from its passage. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of July, 1956. No. 12777. AN ORDINANCE to amend and reordain Section =144, "Bridge Construction", of the 1956 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~144, '.'Bridge Construction", of the 1956 Appropriation Ordinance, be, and t~he same is hereby amended and reordained to read as follows, in part: BRIDGE CONSTRUCTION ~144 Vinton Bridge ............................................ $ 5,381.48 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ClexXk APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of July, 1956. No. 12778. AN ORDINANCE appropriating $1,750.00 for the purpose of acquiring certain lands and the payment of certain Court costs in connection therewith for refuse disposal; and providing for an emergency. WHEREAS, by Ordinance No. 12714 heretofore adopted on the 23rd day of April, 1956, provision was made for acquiring by condemnation proceedings a certain 3.42 acre tract of land situate on the south and east sides of Tinker Creek to be used for refuse disposal; and WHEREAS, in the course of such condemnation proceedings the value of said land has been fixed by the Commissioners at the sum of $3,200.00, with damages of $50.00 being allowed the owner, and certain other costs and fees have been incurred in connection with said condemnation proceedings, resulting in the necessity of the additional appropriation hereinafter provided; and WHEREAS, for the immediate preservation of the public health and safety and for the usual daily operation of the City government, an emergency is hereby 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 there be, and there is hereby, appropriated from the General Fund of the City to Account No. 143 - Departmental Equipment and Improvement - Refuse Disposal, Purchase of Land, the sum of $1,750.00, to be used for the purpose of paying the award identified as Lot No. 3240301 on the City's Tax Appraisal Map, and for the payment of the costs of suit andfees properly chargeable to the City in said condemnation proceedings. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in full force and effect~ from its-passage. APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of July, 1956. No. 12779. AN ORDINANCE to amend and reordain Section #52, "Public Assistance", of the 1956 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sect ~52, "Public Assistance", of the 1956 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: PUBLIC ASSISTANCE g52 Foster Care (1) ........................................ $ 113,625.00 Old Age Assistance (4) ...... 243,500.00 Old Age Assistance (State-Loc~'i~'ii~iii~iiii~i~i 4,960.00 Aid to Permanently and Totally Disabled (6) ............ 113,300.00 Aid to Blind (State-Local) (3) ......................... 625.00 Equipment (9) .......................................... 510.00 (1) 50% reimbursed by State. (3) 62.5% reimbursed by State. (4) 92% reimbursed by State. (6) 89% reimbursed by State, (9) 1 Transcriber .................. $300.00 1 Typewriter ................... 210.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect as of and from July 1, 1956. A P P.R 0 VE D Pr e s i~.- IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of July, 1956. No. 12780. A RESOLUTION to repeal a Resolution adopted by the Council of the City of Roanoke, Virginia, on the 13th day of November, 1951, No. 11287, entitled, "A allow volunteer workers in the Civil Defense Filter Center and no other persons, to lawfully park automobiles on the north side of Bullitt Avenue between Jefferson and First Streets, S. E., for the period of time and under the conditions herein set out." BE IT RESOLVED by the Council of the City of Roanoke that a Resolution adopted by the Council of the City of Roanoke, Virginia, on the 13th day of November, 1951, No. 11287, entitled, "A Resolution authorizing and directing the City Manager, acting under authority of Section 79 of Chapter 34, "Traffic", of the Code of the City of Roanoke, to allow volunteer workers in the Civil Defense Filter Center and no other persons, to lawfully park automobiles on the north side of Bullitt Avenue between Jefferson and First Streets, S. E., for the period of time and under the conditions herein set out", be, and the same is hereby repealed. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of July, 1956. No. 12781. AN ORDINANCE amending Chapter 34 of the Code of the City of Roanoke, relating to traffic, by adding a new section providing for the removal from highways and other public places of certain vehicles and other objects; providing for the storage and disposal thereof; repealing Ordinance No. 12215 heretofore adopted on the 7th day of September, 1954, authorizing police officers to remove certain vehicles from the streets, etc., and providing for an emergency. WHEREAS, for the immediate preservation of the public safety and for the usual daily operation of the municipal government, an emergency is hereby declared to exist in order that this Ordinance may take effect upon its passage; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Chapter 34 of the Code of the City of Roanoke be, and the same is hereby, amended by adding a new section, to be numbered Sec. 92, to read and provide as follows: (a) Any vehicle, or other object, abandoned on the public highways or public grounds of the City, or found on said highways or public grounds un- accompanied by the owner or operator and constituting a hazard, or parked in such a manner as to be in violation of the law and an inconvenience to the citizens of the City or, having been lawfully parked on a highway remaining parked thereon for a period of time thrice that permitted by Ordinance, is hereby declared to be an obstruction in such highway or public place and a public nuisance and, if said vehicle or other object be then unattended by someone authorized to and capable of immediately removing the same, any police officer of the City ~ hereby authorize( to cause the same to be removed and impounded in any place of storage approved by the City Manager for such purposes or to the City Garage or other City-owned property, for safe keeping by and under the direction of the Police Department of the City. Each such removal shall be immediately reported to the Superintendent of Police who shall cause notice to be given to the owner of such vehicle or other object, if such owner be known, as promptly as possible. (b) Before the owner, or person entitled to the possession of such impounded vehicle or other object, shall be permitted to remove the same from the custody of the Police Department wherever 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 three dollars and fifty cents 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-owner 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. (c) The payment of any such removal and/or storage charge shall not release the owner or operator of such vehicle or object from any charge arising out of the violation of any law or of any Ordinance or Regulation of the-City violated by him, or from the payment of any fine or penalty which may be otherwise lawfully imposed for such violation. (d) Any vehicle or other object removed from the streets by a police officer and placed in storage in accordance with subsection (a) may, if the same remains in storage for a period of more than ninety days and the cost of removal and storage-be not paid within said period by the owner, or other interested person, be sold at public auction by the City Sergeant, or by the Superintendent of Police of the City if such vehicle or object has been stored on City-owner property. Prior to any such sale, the operator of such garage, or the Super of Police, as the case may be, shall cause such vehicle or object to be appraised by not less than three disinterested persons, whose appraisal in writing shall be filed with the Superintendent of Police, shall publish notice of such sale for not less than five days in a newspaper of general circulation in the City, and shall give not less than five days notice in writing by mail to the registered owner and any lien holder, or any claimant of such vehicle or object, if the name or names of such persons be known or be of record in the office of the Division of Motor Vehicles. Out of the proceed~ of any such sale the costs thereof, together with the cost of removal of such vehicle or object, investigation as to ownership and liens, notice and sale shall be paid, and any balance remaining shall be paid to the person entitled thereto, if known, or, if unknown, shall be paid by such officer into the City treasury, there to be held in a special (e) If, in the sound opinion of the Superintendent of Police, any such vehicle be in such unsafe, dilapidated or damaged condition that a repair thereof would be impracticable, the Superintendent shall have the power, prior to any release, sale or disposition thereof, to declare the same to be unsafe and a nuisance and condemned and thereafter such vehicle shall be sold or disposed of only for the purpose of scrapping and shall not be further operated upon the highways of the City. BE IT FURTHER ORDAINED that Ordinance No. 12215, heretofore adopted by the Council on the 7th day of September, 1954, be, and the same is hereby, REPEALED. BE IT FINALLY ORDAINED that, an emergency existing, this Ordinance shall be in full force and effect from its passage. APPROVED ATT ~ Presiden--r~--~= IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of July, 1956. No. 12782. A RESOLUTION requesting the State Highway Commission to name the new Jefferson Street Grade Crossing Elimination Bridge in honor of the late Williams Pearce Hunter; agreeing to pay the cost and expense in connection there- with, including the cost of erecting appropriate plaques; and appointing a committee to design and cause such plaques to be affixed. WHEREAS, it is the unanimous concensus of this Council that the new Jefferson Street Grade Crossing Elimination Bridge should be named in honor of the late Williams Pearce Hunter, who served with signal distinction as Roanoke's first City Manager from the 1st day of October, 1918, through the 31st day of December, 1947; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the State Highway Commission be, and it is hereby, requested to name the Jefferson Street Grade Crossing Elimination Bridge in honor of the late Williams Pearce Hunter; 2. That the State Highway Commission be, and it is hereby, advised of the City of Roanoke's willingness to pay the cost and expense incident thereto; including the cost of casting and erecting appropriate plaques; and 3. That a committee composed of the Honorable Robert W. Woody, Chairman, A. B. Stone and M. Carl Andrews be, and such committee is hereby, appointed to designate the exact name said bridge shall bear; to design an appropriate plaque or plaques and to determine what wording shall appear thereon; and, finally, to see that such plaque or plaques are appropriately and permanently IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of July, 1956. No. 12783. AN ORDINANCE to amend and reordain Section n26, "Commonwealth's Attorney", of the 1956 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of ROanoke, an emergency' is declared to exist.~ THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =26, "Commonwealth's Attorney", of the 1956 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: COMMONWEALTH'S ATTORNEY =26 Travel Expense .............................................. $ 80.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordipance shall be in effect from its passage. APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of Ju~ly, 1956. ~ No. 12784. AN ORDINANCE to amend and reordain Section =8, "Treasurer", of the 1956 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of 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 1956 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: TREASURER ~8 Travel Expense ............................................ $ 120.00 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of July, 1956. No. 12785. AN ORDINANCE to amend and reordain Section ~121, "Libraries", of the 1956 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~121, "Libraries", of the 1956 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: LIBRARIES =121 Travel Expense ............................................ $ 550.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATT] ,T: APPROVED Pres~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of July, 1956. No. 12786. A RESOLUTION directing a penalty refund to Coleman Construction Company. WHEREAS, because of a simple misunderstanding and through no fault on its part in endeavoring to obtain a contractor's license, a penalty in the amount of $11.00 was also assessed against and paid by Coleman Construction Company of Lynchburg, Virginia; and WHEREAS, the City Manager has recommended that a refund of the amount of said penalty be made, in which recommendation this Council concurs; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Auditor be, and he is hereby, directed forthwith to issue a proper voucher to Coleman Construction Company in the amount of $11.00, thereby refunding unto said Company the aforesaid penalty; charging the same to Refunds and Rebates Account No. 154. l~rk APPROVED Pr e s icYe~t ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of July, 1956. No. 12787. A RESOLUTION authorizing the installation of fourteen 21000 lumen undergroun y vapor street lights in the vicinity of the Jefferson Street Grade Crossing Elimination Viaduct. BE IT RESOLVED by the Council of the City of Roanoke that the Appalachian Electric Power Company be, and it is hereby authorized to install fourteen 21000 lumen underground mercury vapor street lights in the vicinity of the Jefferson Street Grade Crossing Elimination Viaduct, as follows: On the north side of the Jefferson Street leg of the Viaduct 100 feet west of the Second Street, N. E., approach. On the north side of the Jefferson Street leg of the Viaduct 250 feet west of the Second Street, N. E., approach. On the south side of the Jefferson Street leg of the Viaduct 120 feet west of the Second Street, N. E., approach. On the south side of the Jefferson Street leg of the Viaduct 320 feet west of the Second Street, N. E., approach. On the south side of the Jefferson Street leg of the Viaduct 160 feet east of Jefferson Street, S. E. On the south side of the Jefferson Street leg of the Viaduct 350 feet east of Jefferson Street, S. E. On the north side of the Jefferson Street leg of the Viaduct 250 feet east of Jefferson Street, S. E. On the north side of the Jefferson Street leg of the Viaduct 420 feet east of Jefferson Street, S. E. On the north side of the Jefferson Street leg of the Viaduct approximately 75 feet east of Jefferson Street, S. E. On the east side of the Jefferson Street leg of the Viaduct approximately 40 feet south of Norfolk Avenue, S. E. On the east side of the island at the northeast corner of Salem Avenue and Jefferson Street, S. E. On the east side of the island at the northeast corner of Salem Avenue and Jefferson Street, S. E. On the west side of the island at the northeast corner of Salem Avenue and Jefferson Street, S. E. On the southeast side of the island in Jefferson Street approximately 120 feet south of Norfolk Avenue. Said lights to be maintained under the contract existing between the Appalachian Electric Power Company and the City of Roanoke. APPROVED Cler~k rr e~-den~ '- IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of July, 1956. No. 12788. WHEREAS, for the usual daily operation of the Municipal Government of 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, "Building and Plumbing Inspection", of the 1956 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: BUILDING AND PLUMBING INSPECTION ~63 Demolition of Buildings .................................... $ 600.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of July, 1956. No. 12789. A RESOLUTION accepting the work done under Contract "A" for the Carvin's Cove Filter Plant Addition. WHEREAS, Alvord, Burdick, & Howson, the City's consulting engineers, have advised the City Manager in writing that the work contracted to be done by J. M. Turner and Company, Inc., for the City under Contract "A" for certain additions to the City's Carvin's Cove Filter Plant, has been successfully completed, the said work having been inspected by said engineers; and WHEREAS, the City Manager has advised the Council that the final estimate of said contract work has been received and has recommended the formal acceptance of the work done under said contract; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that, subject to the qualification hereinafter provided, the said City does hereby accept as satisfactorily completed all of' the work heretofore agreed to be performed by J. M. Turner and Company, Inc., under a certain written contract with the City, dated the 10th day of May, 1955, relating to certain additions to the City's Carvin's Cove Filter Plant; provided, however, that the foregoing acceptance of the work shall in nowise affect or impair the obligation of said contractor to the City under any guarantee or indemnity provision contained in the aforesaid written contract. BE IT FINALLY RESOLVED that the proper City officials be, and they are hereby, authorized and directed to make the City's payment to said contractor on the basis of the final estimate made under said contract, certified, approved and audited in accordance with the terms of said contract. APPROVED : 96 AMENDED By IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of July, 1956. No. 12790. A RESOLUTION accepting the work done under Contract "B" relating to furnishing and installation of certain equipment for the Carvin's Cove Filter Plant Addition.. ~ WHEREAS, Alvord, Burdick, g Howson, the City's consulting engineers, have advised the City Manager in writing that the work contracted to be done and the equipment agreed to be furnished by Roberts Filter Manufacturing Company, a corporation, for the City under Contract "B", for certain equipment and mate- rials to be supplied and installed at the City's Carvin's Cove Filter Plant Addition, has been successfully completed; and WHEREAS, the City Manager has advised the Council that the final estimate of the work done under said contract has been received, and has recommended the formal acceptance of the work by the City; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that, subject to the qualification hereinafter provided, the said City does hereby accept as satisfactorily delivered and completed all of the equipment and materials agreed to be supplied and all of the work agreed to be performed by Roberts Filter Manufacturing Company, a corporation, under a certain written contract with the City, dated the 10th day of May, 1955, relating to the furnishing and installation of certain equipment and materials at the City's Carvin's Cove Filter Plant Addition; provided, however, that the foregoing acceptance shall in nowise affect or impair the obligation of said contractor to the City'under any guarantee or indemnity provision contained in the aforesaid written contract. BE IT FINALLY RESOLVED that the proper City Officials be, and they are hereby, authorized and directed to make the City's final payment to said contractor on the basis of the final estimate made under said contract, certified, approved and audited in accordance with the terms of said contract. ATT Clerk APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of July, 1956. No. 12791. AN ORDINANCE amending Ordinance No. 11709 heretofore adopted on the 9th day of February, 1953, establishing a schedule of rates and charges, etc., for the use and operation of Roanoke Municipal Airport, (Woodrum Field), by adding a new section relating to limousine service; and providing for an emergency. WHEREAS, for the usual daily operation of Roanoke Municipal Airport, (Woodrum Field), a department of the City, an emergency is hereby 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 Ordinance No. 11709, heretofore adopted on the 9th day of February, 1953, es- tablishing a schedule of rates and charges and fixing certain policies for the use and operation of Roanoke Municipal Airport, (Woodrum Field), be, and the same is hereby, amended by the addition of a new section, to be numbered Section ~10, to read and provide as follows: SECTION =10 LIMOUSINE SERVICE Each person operating a limousine service to or from Woodrum Field, pursuant to the authority of any certificate of public convenience and necessity granted by the State Corporation Commission, shall pay to the City a monthly charge, payable on or before the 10th day of each month, calculated upon the gross receipts derived from all business originating or terminating at, or attributable to its operations at, Woodrum Field during the next preceding month, which charge shall be as follows.: July 1, 1956 to June 30, 1957 - 5% of all such gross receipts July 1, 1957 to June 30, 1958 - 6%" " " " " July 1, 1958 to June 30, 1959 - 7%" " " " . July 1, 1959 to June 30, 1960 - 8%" " " " " July 1, 1960 to June 30, 1961 - 9%" " " " " July 1, 1961 and thereafter -10%" " " " " BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in full force and effect from its passage. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA. The 3Otb day of July, 1956. No. 12792. AN ORDINANCE to amend and reordain Section =31, "Juvenile Detention Home", of the 1956 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =31, "Juvenile Detention Home", of the 1956 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: JUVENILE DETENTION HOME ~31 Recreational Supplies (2) ............................... $ 1,259.20 (2) 100% reimbursed by State. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of 3uly, 1956. No. 12793. A RESOLUTION extending the proposed Municipal Airport Development Program, as embodied in Resolution No. 12323 to embrace a period of two (2) additional years; authorizing the City Manager to execute and submit to the Civil Aeronautics Administration the requisite project applications to effectuate the addition to said Airport Development Program, as herein contemplated; to execute and accept grant offers made by the Government pursuant to such applications; that the 1956-9 proposed project be amended to provide for the following, viz: acquisition of land (transferred from Project No. 9-44-012-506) in the amount of $20,000.00, the acquisition of requisite land for the southwest clear zone in the estimated amount of $66,000.00, the relocation of the terminal building sewer line at an estimated cost of $6,000.00, and the expansion of the apron at an estimated cost of $28,000.00; and that the necessary programing be authorized for the subsequent acquisition of requisite clear zone land off the northeast runway. WHEREAS, strict adherence on the part of the Federal Government that municipalities, in order to receive grants in aid, acquire clear zones adjacent to the end of dominant runways in accordance with the so-called Doolittle Plan; and WHEREAS, as a result of such Federal Policy,. the City, if its Airport is to be normally improved, will be required to expend appreciable sums of money not contemplated when it adopted its aforesaid Resolution No. 12323; and WHEREAS, it is the concensus of this Council that such normal improvements should be annually made at Roanoke Municipal Airport (Woodrum Field); THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the proposed Municipal Airport Development Program, as embodied in Resolution No. 12323, be, and the same is hereby, extended to embrace a period of two (2) additional years; 2. That the City Manager be, and he is hereby, authorized to execute and submit to the Civil Aeronautics Administration requisite project applications to effectuate the additions to the said proposed Municipal Airport Development Program, as herein contemplated and to execute and accept, for a~d on behalf of the City of Roanoke, grant offers made, by the Federal Government, pursnant to such application; 3. That the City Manager be, and he is hereby, authorized to request grants of funds, for snch improvements, from the State Corporation Commission of Virginia, Department of Aviation; 4. That the 1956-57 proposed Municipal Airport Development Program be, and the same is hereby, amended to provide for the following, viz: (a) Acquisition of land (transferred from Project No. 9-44-012-506) in the amount of $ 20,000.00, (b) The acquisition of requisite land to serve as the southwest runway clear zone, in the estimated amount of .............................. $ 66,000.00, (c) The relocation of the terminal building sewer line, at an estimated cost of ............................................................ $ 6,000.00, and (d) The expansion of apron, at an estimated cost of .......... $ 28,000.00; and 5. That the City Manager be, and he is hereby, authorized to cause the necessary planning to be made for the subsequent acquisition of the requisite clear zone land for the northeast runway. APPROVED Cler~k IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of July, 1956. No. 12794. AN ORDINANCE to amend and reordain Section =132, "Electoral Board", of the 1956 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =132, "Electoral Board", of the 1956 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: ELECTORAL BOARD =132 Compensation, Judges and Clerks ......................... $ 13,400.00 Salary, Extra Employees ................................. 1,380.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. lerk APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of July, 1956. No. 12795. A RESOLUTION establishing the amounts finally assessed against the parcels of land described in Resolution No. 12460, resulting from the construction of sanitary sewers to serve portions of the area of Salem Avenue, P/est Avenue and 400 .WHEREAS, after all directives contained in Resolution No. 12406, adopted by Council on May 31, 1955, had been strictly complied with, the committee therein appointed having conducted a hearing, at the time and place therein mentioned, on the question of constructing sanitary sewers to serve portions of the area of Salem Avenue, West Avenue and Westview Avenue west of 18th Street, S. W., at which hearing no objections were raised by the owners of any real estate affected or by other interested parties in the premises; and WHEREAS, Resolution No. 12460, adopted on the 1st day of August, 1955, established the estimated amounts assessable against all abutting parcels of land because of the construction of said sewers and directed that an abstract of said Resolution be recorded in the Judgment Docket of the Clerk's Office of the Hustings Court of the City, in accordance with the provisions of Section 15-677 of the Code of Virginia; and ~ WHEREAS, the construction of the sewers authorized by the aforementioned Resolutions have been completed, the entire cost thereof paid by the city, and the amounts finally assessable against all parcels of land abutting said sewers have been determined; and THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, as follows 1. That the estimated amounts assessed against the parcels of land described in Resolution No. 12460, resulting from the construction of sanitary sewers to serve portions of the area of Salem Avenue, West Avenue, and Westview Avenue, west of 18th Street, S. W., be, and the same are hereby amended to show the amounts finally assessed against the several parcels of land abutting said sewers, as follows: Name of Location Abuttin~ O~ner Lot No, Block No. Map Front Final Cost Footage to Owner North side of West Avenue, S. W,, between Boulevard and 21st Street, S. W. Pts. and 25 26 43 W.E. & R. V. Land Co. 18.0 32.91 24 .43 W.E. & R. V. Land Co. 50.0 91.42 22 43 W..E. & R. V. Land Co. 50.0 91.42 21 43 W.E. & R. V. Land Co. 50.0 91.42 20 43 W.E. & R. V. Land Co; 50.0 91.42 19 43 W.E. & R. V. Land Co. 50.0 91.42 18 43 W.E. & R. V. Land Co. 50.0 91.42 17 43 W.E. & R. V. Land Co. 50.0 91.42 16 43 W.E. & R. V. Land Co. 50.0 91.42 15 43 W.E. & R. V. Land Co. 50.0 91.42 Roanoke Cinder Block Corp. John Boyd Noftsinger Thomas Long et.al Thomas Long et al Thomas Long et al Thomas Long et al Thomas Long et al Thomas Long et al Thomas Long et al Thomas Long et al North side of West Avenue, S, W., between 20th Street and 21st Street, S. W. Suburban Homes, Inc. 9 40 Suburban Homes, Inc. 10 40 Suburban Homes, Inc. 11 40 Peerless Hardware Company 12 40 Peerless Hardware Company 13 40 A. R. McCormick 14 40 A. R. McCormick 15 40 A. R. McCormick 16 40 W. E. G R. V. Land Co. 50.0 W. E. g R. V. Land Co. 50.0 W. E. g R. V. Land Co. 50.0 W. E. & R. V. Land Co. 50.0 W. E. & R. V. Land Co. 50.0 W. E. ~ R. V. Land Co. 50.0 W. E. g R. V. Land Co. 50.0 W. E. g R. V. Land Co. 50.0 91.42 91.42 91.42 91.42 91.42 91.42 South side of Salem Avenue, S, W,, west of 21st Street, S. W, Roanoke Cinder Block Corp. 1 43 Roanoke Cinder Block Corp. 2 43 Roanoke Cinder Block Corp. 3 43 Roanoke Cinder Block Corp. 4 43 Roanoke Cinder Block Corp. 5 43 W. E. & R. V. Land Co. 50.0 W. E. & R. V. Land Co. 50.0 W. E. ~ R. V. Land Co. 50.0 W. E. ~ R. V. Land Co. 50.0 W. E. ~ R. V. Land Co. 50.0 91.42 91.42 91.42 91.42 91.42 South side of Salem Avenue, S. W,', West o.f 21st Street, Roanoke Cinder Block Corp. Roanoke Cinder Block Corp. W. E. & R. V. Land Co. 50.0 W. E. & R. V. Land Co. 50.0 91.42 91.42 40i Name of Location Map Abuttin6 Owner Lot No. Block No. Front Final Cost Footage to Owner South side of Salem Avenue, S. W., between 20th Street and 21st Street, S. W, Suburban Homes, Inc. Suburban Homes, Inc. Suburban Homes, Inc. C. F. Kefauver C. F. Kefauver C. F. Kefauver C. F. Kefauver C. F. Kefauver 1 40 2 4O 3 40 4 4O 5 4O 6 4O 7 4O 8 4O W. E. & R. V. Land Co. 50.0 W. E. & R. ¥. Land Co. 50.0 W. E. & R. V. Land Co. 50.0 W. E. & R. V. Land Co. 50.0 W. E. & R. V. Land Co. 50.0 W. E. ~ R. V. Land Co. 50.0 W. E. & R. V. Land Co. 50.0 W. E. & R. V. Land Co. 50.0 91.42 91.42 91.42 91.42 91.42 91.42 91.42 91.42 South side of Salem Avenue, S. W., between 19th Street and 20th Street, S. W, Wilmer & Margaret S. Sullivan 3 32 Clifton H. Howell et al 4 32 Clifton H. Howell et al 5 32 Roanoke Cinder Block Corp. 6 32 Roanoke Cinder Block Corp. 7 32 Roanoke Cinder Block Corp. 8 32 W. E. G R. V. Land Co. 50.0 W. E. G R. V. Land Co. 50.0 W. E. & R. V. Land Co. 50.0 W. E. & R. V. Land Co. 50.0 W. E. & R. V. Land Co. 50.0 W. E. & R. V. Land Co. 50.0 ~.42 91.42 91.42 91.42 91.42 91.42 West side of 19th Street, S. W., between Salem Avenue and West Avenue, S. James C. & Antionette S. Lawton N. Pts. 1 & 2 32 Jack T. G Elizabeth R. Long S. Pts. 1 & 2 32 W. E. & R. V. Land Co. W. E. & R. V. Land Co. 39.46 39.0 72.15 71.31 East side of 19th Street, S. W., between Salem Avenue and West Avenue, S. W. R. J. Wright Estate N. Pts. 7 & 8 30 W.E. & R. V. Land Co. 74.16 135.59 South side of Westview Avenue, S. W., West of 19th Street, S. Dr. J. R. Garrett et al 3 llA James W. & Cecelia D. Bushong 4 llA George S. Via 5 llA George S. Via 6 llA West View 40.0 73.13 West View 40.0 73.13 West View 40.0 73.13 West View 40.0 73.13 South side of Westview Avenue, S. W., between 18th Street and 19th Street, S. W. H. T. Bell 8 liB H. T. Bell 9 liB United Finance Company, Inc. 10 lib United Finance Company, Inc. 11 liB Norfolk G Western Railway Co. 12 liB West View 40.0 73. 13 West View 40.0 73. 13 West View 40.0 73. 13 We st View 40.0 73.13 West View 57.9 105.86 North side of Westview Avenue, S. W., between 18th Street and 19th Street, S. Norfolk G Western Railway Co. 11 9 Norfolk g Western Railway Co. 12 9 Norfolk & Western Railway Co. 13 9 Walter E. ~ William H. Leigh 15 9 Norfolk ~ Western Railway Co. 16 9 Belva D. Guilliams 17 9 Charles H. ~ Belva M. Guilliamsl8 9 Charles H. & Belva M. Guilliams 19 9 Charles H. & Belva M. Guilliams 20 9 We st View West View West View We st View We st View West View West View 40.0 73.13 40.0 73.13 40.0 73.13 40.0 73.13 40.0 73.13 40.0 73.13 40.0 73.13 West View 40.0 73.13 West View 40.0 73. 13 2. That the City Clerk be, and he is hereby directed to transmit a copy of this Resolution to the Clerk of the Hustings Court of the City of Roanoke; 3. That the Clerk of the above-mentioned court be, and he is hereby directed to amend the records in his office, in accordance with Section 15-677 of the Code of Virginia, to show the amounts as herein finally established; 4. That upon advice from the City Clerk, the City Auditor be, and he is hereby directed to refund to the owners of the abutting properties any excess payments made to the City by reason of payment of assessments based upon the estima; amounts established by Resolution No. 12460. APPROVED ed IN THE COUNCIL OF THE CITY OF ROANOKE, .VIRGINIA, The 30th day of July, 1956. No. 12796. AN ORDINANCE providing for the acquisition of certain land known as Lots 1 through 7, inclusive, Block 2, and Lots 7 through 10, inclusive, Block 3, both according to the Map of Alleghany Addition, for public purposes; appropriating $3,250.00 to be used in connection with the purchase thereof; and providing for an emergency. WHEREAS, J.. H. Fralin and C. F. Kefauver, owners of Lots 1, through 7, Block 2, according to the Map of Alleghany Addition, and R. R. Quick, owner of Lots 7 through 10, Block 3, according to said map, have offered to sell and convey their respective lots to the City at purchase prices of $2,000.00 and $1,250 respectively; and WHEREAS, the City Manager has urged the Council's approval of the acquisition aforesaid and the City Planning Commission, to whom the matter was heretofore referred, has recommended that the City acquire said properties to be used, ultimately, for park purposes in conjunction with the City's existing Washington Park; and WHEREAS, the aforesaid property owners have tendered signed contracts of sale to be entered into between said owners and the City, which said proposed contracts embody the terms hereinabove provided; and WHEREAS, for the usual daily operation of the Municipal Government, an emergency is declared to exist in order that this Ordinance may take effect upon its passage; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the proper City Officials be, and they are hereby, authorized and directed to acquire, for and on behalf of the City, for public purposes, the following lands situate in the City of Roanoke, at the cash purchase prices set opposite said lands, to-wit: 1. From J. H. Fralin and C. F. Kefauver, Lots 1 through 7, inclusive, Block 2, according to the Map of Alleghany Addition, at a purchase price of ..................... $ 2,000.00 2. From R. R. Quick, Lots 7 through 10, inclusive, Block 3, according to the Map of Alleghany Addition, at a purchase price of .................................... $ 1,250.00; and, for the purpose aforesaid, the City Manager is hereby authorized and directed, for and on behalf of the City, to enter into written contracts with the respective owners of said lots for the purchase thereof by the City, said contracts to provide for the conveyance of the land to the City in fee simple, with General Warranty and modern english covenants of title, said contracts of purchase, otherwise, to be upon such form as is approved by the City Attorney. BE IT FURTHER ORDAINED that, in order to provide funds for the purchase prices aforesaid, there be, and there is hereby appropriated from the General Fund of the City to Account No. 143--Departmental Equipment and Improvements-Refuse BE IT FURTHER ORDAINED that, later, and upon delivery to the City of proper deeds of conveyance as hereinabove provided in such form as is first approved by the City Attorney, the proper City Officials be, and they are hereby, authorized and directed to issue and deliver to the respective property owners the City's warrants in the amounts hereinabove provided in payment of the several purchase prices hereinabove set out. BE IT FINALLY ORDAINED that, an emergency existing, this Ordinance shall be in full force and effect from its passage. APPROVED AR ST: President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of July, 1956. No. 12797. AN ORDINANCE providing for the acquisition of certain land known as Lots 1 through 6, inclusive, Block 3, according to the Map of Alleghany Addition, for public purposes; appropriating $3,000.00 to be used in connection with the acquisition thereof; and providing for an emergency. WHEREAS, the land hereinafter described is wanted and needed by the City for the immediate purpose of an ~ditional area for refuse and garbage disposal, it being adjacent to certain other property of the City presently used for such purpose; and WHEREAS, at the City Manager's direction, negotiations have heretofore been had with the owners of said land with a view toward reaching an agreement respecting the price and terms upon which the City might acquire said land as a result of which it appears improbable that the present owners of said land will agree to sell the same to the City at a price which the City deems fair and reasonable; and WHEREAS, this body, upon the advice of the City Manager and of other representatives of the City, is of opinion that the price hereinafter provided to be paid for said land is fair and reasonable; and WHEREAS, for the immediate preservation of the public health and safety and for the usual daily operation of the Department of Public Works, a department of the City, an emergency is hereby 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 the proper City Officials be, and they are hereby, authorized and directed, for and on behalf of the City, to offer to purchase from Mary C. Thomas and George J. Thomas, or the lawful owners thereof, Lots i through 6, inclusive, Block 3, as shown on the Map of Alleghany Addition, in the City of Roanoke, which said lots are further identified as Lots No. 2030901 through 404 2030906, inclusive, on the City's Tax Appraisal Map, at a purchase price of $3,000.00, cash, and, for that purpose, to enter into a formal, written contract of sale with said owners on behalf of the City, the said contract to provide for a conveyance of said land to the City by deed containing General Warranty and modern english covenants of title, said deed to be upon such form as is approved by the City Attorney; and, thereafter, the proper City Officials are hereby authoriz to pay to said property owners the purchase price above provided upon delivery to the City of a good and sufficient deed of conveyance in such form and approved as ~oresaid; 2. That, in the event the aforesaid owners be unwilling to agree upon the price and terms of sale aforesaid, the proper City Officials shall be, and they are hereby, authorized and directed to institute condemnation proceedings for and on behalf of the City to acquire for the City the fee simple title to the six (6) lots of land hereinabove described; and 3. That there be, and there is hereby, appropriated from the General Fund of the City to Account No. 143 - Departmental Improvements and Equipment - Refuse and Disposal - Purchase of Land, the sum of $3,000.00 to be used for the purpose of acquiring the land aforesaid. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in full force and effect from its passage. APPROVED AT ~ Presi~-~-~ IN THE COUNCIL .OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of August, 1956. No. 12801. AN ORDINANCE to amend and reordain Section ~110, "Recreation Department", of the 1956 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~110, "Recreation Department", of the 1956 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: RECREATION DEPARTMENT ~110 Stationery and Office Supplies . 550.00 Renovation of Sandlot Football ~i~ ~~~ 2,047.84 Repairs .................................................. 3,352.16 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED d IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of August, 1956. No. 12802. AN ORDINANCE to amend and reordain Section ~154, "Refunds and Rebates", of the 1956 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~154, "Refunds and Rebates", of the 1956 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: REFUNDS AND REBATES =154 Welfare Refunds to the State ...... , ..................... $ 2,500.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Pr e ~6M-t IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of August, 1956. No. 12803. AN ORDINANCE to amend and reordain Section ~141, "Sewer and Drain Construction", of the 1956 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =141, "Sewer and Drain Construction", of the 1956 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: SEWER AND DRAIN CONSTRUCTION ~141 Contractors an'****'********'''**'*'*''*''''*'''*'''**'*'d SupPlies ****'****'*'''*'''*''***'''''*** $ 118,000,00 Materials 24,400.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED President 40© IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of August, 1956. ~No. 12804. AN ORDINANCE to amend and reordain Section #81, "Street Repair", of the 1956 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~81, "Street Repair", of the 1956 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: STREET REPAIR ~81 Contractors $ 210 000 O0 Materials and Supplies ................................ 83,500.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage· AT APPROVED PrL~ident IN THE COUNCIL OF THE CITY OF. ROANOKE, VIRGINIA, The 13th day of August, 1956. No. 12805. A RESOLUTION amending the contract of October 16, 1953, between the City of Roanoke and the Town of Salem dealing with the treatment of domestic and commercial wastes. WHEREAS, the Council of the Town of Salem, Virginia, by a proper Resolution adopted on the 23rd day of July, 1956, requested the City of Roanoke to amend the contract of October 16, 1953, between the City of Roanoke and the Town of Salem dealing with the treatment of domestic and commercial wastes, to the extent only that said contract is hereinafter amended; which request is agreeable to this Council. THEREFORE,iBE IT RESOLVED by the.coUnCil of the'City of Roanoke as follows: 1. That the contract of October 16, 1953, between the City of Roanoke and the Town of Salem dealing with the treatment of domestic and commercial wastes be, and the same is hereby, amended in the following respects only, viz: (a) That the following described area of land be added to, and included in, said contract to the full extent as if aid area were therein set out in extensio: SALEM - AREA D: BEGINNING at an iron pipe, which iron pipe is located 4O7 Lot 14 of the Hansbrough-Baer Subdivision, and N. 03° 38' E. 265 feet from an iron pipe, which pipe is located on the north line of State Highway ~460 at the east corporate line of the Town of Salem; thence with the corporate line N. 66° 04' W. 944.18 feet to an iron pipe corner to the corporate line; thence continuing with the corporate line N. 05° 34' E. 405 feet to a point; thence leaving the corporate line of the Town of Salem, N. 89° 58' E. 962 feet to a point on the east line of a 12-foot alley; thence along said alley, S. 08° 18' W. 805 feet to the northwest corner of Lot 14 of the Hansbrough-Baer Subdivision; thence No. 66° 14' W. 24.26 feet to the point of beginning, and containing 13 acres, more or less, as shown by a plat prepared by W. I. McGhee, dated July 21, 1956, a copy of which is attached hereto. (b) 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 city's interceptor sewer, may also be delivered to, and treated by, the city in accordance with said contract; (c) That in all other respects said contract shall remain in full force and effect. 2. That the City Clerk be, and he is hereby, directed to mail two attested copies of this Resolution to William J. Paxton, Jr., Town Clerk, Salem Virginia. lerk/ APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of August, 1956. No. 12806. AN ORDINANCE providing for the acquisition of 14.472 acres of land in the northwest section of the City of Roanoke for public school purposes; and providing for an emergency. WHEREAS, the Roanoke City School Board has heretofore entered into a written contract with William Watts, et al., for the purchase of 14.472 acres of land in the Round Hill, northwest section of the City, the said land, when so acquired, to be conveyed to the City of Roanoke pursuant to its charter provisions, and to be used for public school purposes; and WHEREAS, the said School Board has contracted to pay to said owners the sum of $36,350.00, cash, as the purchase price for said land and the Council has heretofore, or will hereafter, make the funds available for the purchase price aforesaid; and WHEREAS, for the usual daily operation of the municipal government, an emergency is hereby declared to exist in order that this Ordinance may take effect upon its passage; THEREFORE, BE .IT ORDAINED by the Council of the City of Roanoke that the proper City Officials be, and they are hereby authorized and directed to acquire for the City from William Watts, et al.., a tract of land situate in the City of Roanoke, in the Round Hill, northwest' section thereof, containing 14.472 acres of land located south of and adjacent to the subdivision known as Round Hill Park - Section 5, at a purchase price of $36,350.00, cash, th'e same to be the property of the said City pursuant to the provisions of the City's c;harter, and to be used for school purpos~es; the purchase price hereinabove provided to be paid from funds heretofore appropriated to the Improvement Fund; and BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in full force and effect from its passage. APPROVED IN THE CouNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of August, 1956. No. 12807. AN ORDINANCE providing for the acquisition of 50.464 acres of land, more or less, situate in Roanoke County adjacent to the north corporate line of the City; and providing for an emergency. WHEREAS, the Roanoke City School Board has heretofore entered into a written contract with R'alph T. Stewart, et ux, for the purchase of 50.464 acres of land, more or less, situate in Roanoke County adjacent to the north corporate line of the City and shown in detail .on a survey of the same prepared by C. B. Malcolm & Son, State Certified Engineers, under date of July 12, 1956, the said land, when so acquired, to be conveyed to the City of Roanoke pursuant to its charter provisions, and to be used for public school purposes; and WHEREAS, the said School Board has contracted to pay to said owners the sum of $88,322.50, cash, as the purchase price for said land and the Council has heretofore, or will hereafter, make the funds available for the purchase price aforesaid; and WHEREAS, for the usual daily operation of the municipal government, an emergency is hereby declared to exist in order that this Ordinance may take effect upon its passage; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the proper City Officials be, and they are hereby, authorized and directed to acquire for the City from Ralph T. Stewart, et ux, a tract of land situate in Roanoke County adjacent to the north corporate line of the City and shown in detail on a survey of the same prepared by C. B. Malcolm & Son, State Certified Engineers, under date of July 12, 1956, at a purchase price of $88,322.50, cash, the same to 409 be the property of the said City pursuant to the provisions of the City's charter, and to be used for school purposes; the purchase price hereinabove provided to be paid from funds heretofore appropriated to the Improvement Fund; and BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in full force and effect from its passage. APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of August, 1956. No. 12808. AN ORDINANCE to amend and reordain Section =142, "Transfer to Improvement Fund", of the 1956 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section g142, "Transfer to Improvement Fund", of the 1956 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: TRANSFER TO IMPROVEMENT FUND =142 School ~and ............................................ $ 170,792.13 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. Clerk APPROVED Pr e s ~-d-~h t IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of August, 1956. No. 12809. A RESOLUTION authorizing and directing the Building Inspector, pursuant to the provisions of "The Sign Ordinance of the City of Roanoke, 1949", to issue a permit to the Times-World Corporation, to erect a marquee for said Corporation's new building now under construction at the northwest corner of Campbell Avenue and Second Street, S. W. WHEREAS, the City Planning Commission has recommended to this Council that the request of the Times-World Corporation for permission to erect a marquee, 410 REPEALED the Office of the City Clerk, for said Corporation's new building now under construction at the northwest corner of Campbell Avenue and Second Street, S. be granted; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Building Inspector be, and he is hereby, authorized and directed, pursuant to the provisions of "The Sign Ordinance of the City of Roanoke, 1949", to issue a permit to the Times'World Corporation, for the erection of a marquee on said Corporation's new building now under construction at the northwest corner of Campbell Avenue and Second Street, S. W., in strict compliance with the plans and specifications therefor prepared by Stone, Thompson and Payne, Architects, and on file in the Office of the City Clerk. APPROVED Pre s i dean t IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of August, 1956. No. 12811. A RESOLUTION granting permission unto Joseph W. Hazlegrove, et al, to practice skin diving at Carvins Cove. BE IT RESOLVED by the Council of the City of Roanoke that permission be, and it is hereby, granted unto Mr. Joseph W. Hazlegrove, Mr. W. T. Slusher, Dr. W. W. S. Butler, III, and associates, to practice the science of skin diving, at their sole risk, within the unrestricted waters of the Carvins Cove Reservoir, between the hours of one hour before sunrise and one hour after sunset for a period of ninety days from the date of this Resolution. APPROVED m~ ~ST~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of August, 1956. No. 12812. A RESOLUTION adopting the job classification and pay schedule plan, as submitted by the Committee heretofore appointed by Ordinance No. 12651; directing that pay increases, under the plan, be retroactive to January 1, 1956; directing that ingrade increases, as provided for in the plan, be made applicable to present employees on the same basis as if the plan had been in.effect during the 411 No. 165, of the 1956 Appropriation Ordinance, be expended to effectuate proper salary increases and, also, for the proper administration of tM plan during the current calendar year; directing the Mayor to appoint a Committee, composed of i three members of Council, to recommend the salaries it feels should be paid persons presently holding the managerial-executive positions set forth in the plan; continuing the Committee appointed by Ordinance No. 12651, for a period of one year, for the purpose of recommending possible changes in the plan concerning policies, job classifications and pay schedules; authorizing the employment of a consultant for a period of 12 months, at a consideration of $300.00 per month, to assist in the administration of the plan during said period; and directing the City Auditor to pay all proper salary increases, under the plan, by September 1, 1956, or as soon thereafter as is reasonably convenient. WHEREAS, agreeable to the directives contained in Ordinance No. 12651, the Committee therein appointed has filed with the City Clerk a job classification and pay schedule plan and has unanimously recommended, to this body, that said plan be officially adopted; and WHEREAS, this Council has carefully studied the aforesaid job classifica- tion and pay schedule plan and believes that it is to the best interest of the City that said plan be officially adopted; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the job classification and pay schedule plan, as submitted by the Committee heretofore appointed by Ordinance No. 12651 and now on file in the Office of the Clerk of this Council, be, and said plan is hereby, officially adopted; 2. That all pay increases properly due employees under the terms and provisions of the said plan be, and they are hereby, made retroactive to January 1, 1956; 3. That all ingrade increases, as contemplated in said plan be, and they are hereby,mde applicable~to all present employees on the same basis as if the said plan had been in full force and effect during the entire periods of employment of the respective employees affected; 4. That t~ City Auditor be, and he is hereby, authorized and directed to expend the requisite sums from the balance of funds in Account No. 165, of the 1956 Appropriation Ordinance, to effectuate all proper salary increases due employees under the plan and, also, for the proper administration of the plan during the current calendar year; 5. That the Mayor of the City of Roanoke be, and he is hereby, requested to appoint a Committee, composed of three members of Council, to recommend the salary such Committee feels should be paid each person presently holding a managerial-executive position set forth in said plan; 6. That the Committee appointed by Ordinance No. 12651 be, and said Committee is hereby, continued for a period of one year, from the date of this Resolution, for the purposes of recommending, to this Council for its 7. That the City Manager be, and he is hereby, authorized to employ a consultant for a period of 12 months, at a consideration of $300.00 per month, to assist in the administration of the plan during said period; 8. That the City Auditor be, and he is hereb.y, authorized and directed to pay all proper salary increases, to employees under the plan, ~om the balance of funds in Account No. 165, of the 1956 Appropriation Ordinance, by September 1, 1956, or as soon thereafter as is reasonably convenient; and 9. That present employees of the city whose present pay exceeds that provided for in the job classification and pay schedule plan shall not have their pay reduced by reason of the adoption of the said plan, but shall, unless otherwise provided, continue to be paid at their present rates so long as they satisfactorily discharge their present duties and responsibilities or until general increases in the pay schedules provide increases for their respective positions. APPROVED P r es~e n t IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of August, 1956. No. 12798. AN ORDINANCE to amend and re-enact Article I, Section 1, of Chapter 51 of the Code of the City of Roanoke, Virginia, in relation to Zoning. ~HEREAS, application has been made to the Council of the City of Roanoke, Virginia, to have eight parcels of land, lying on the south side of Nest Avenue, and between Nineteenth and Twentieth Streets, S. ~., described as Lots 1, 2, 3, 4, 5, 6, 7 and 8, Block 33, according to the ~est End and River View Map, bearing Official Numbers 1312107, 1312106, 1312105, 1312104, 1312103, 1312102, and 1312101, rezoned from General Residence District to Light Industrial District; and ~HEREAS, the City Planning Commission has recommended that the application to rezone the property be approved; and ~HEREAS, notice required by Article XI, Section 43, of Chapter 51, of the Code of the City of Roanoke, Virginia, relating to Zoning, has been published in "The Roanoke ~orld-Newf~ a newspaper published in the City of Roanoke for the time required by said Section; and ~HEREAS, the hearing, provided for in said notice published in the said newspaper, was held on the 13th'day of August, 1956, at 2:00 o'clock, p. m., before the Council of the City of Roanoke in the Council Chamber in the Municipal Building, at which hearing property owners and other interested parties in the affected area were given an opportunity to be heard both for and against proposed rezoning; and 415 WHEREAS, this Council after considering the application for rezoning, the report of the City Planning Commission, and the evidence presented, is of the opinion that the above property should be rezoned as requested. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that Article I, Section 1, of Chapter 51, of the Code of the City of Roanoke, relating to Zoning, be amended and re-enacted in the following particular and no other, viz: Those eight parcels of land, lying on the south side of West Avenue, and between Nineteenth and Twentieth Streets, S. W., described as Lots 1, 2, 3, 4, 5, 6, 7 and 8, Block 33, according to the West End and River View Map, bearing Official Numbers 1312107, 1312106, 1312105, 1312104, 1312103, 1312102, and 1312101, be, and the same are hereby changed from General Residence District to Light Industrial District, and that the Zoning Map shall be changed in this respect. APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of August, 1956. No. 12799. AN ORDINANCE to amend and reenact Article I, Section 1, of Chapter 51 of the Code of the City of Roanoke, Virginia, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have a parcel of land known as Lots 1, 2, and the southerly portion of Lot 3, Block 7, Belmont Land Company, and designated as Official Lot No. 4112701, all in the City of Roanoke, rezoned from General Residence District to Business District, and WHEREAS, the City Planning Commission has recommended that the above parcel of land be rezoned from General Residence District to Business District as requested, and WHEREAS, notice required by Article XI, Section 43, of Chapter 51 of the Code of the City of Roanoke, Virginia, relating to Zoning, has been published in "The Roanoke World-News", a newspaper published in the City of Roanoke, for the time required by said section, and WHEREAS, the hearing as provided for in said notice published in the said newspaper was held on the 13th day of August, 1956, at 2:00 o'clock, p. m., before the Council of the City of Roanoke in the Council Chamber in the Municipal Building, at which hearing property owners and other interested parties in the affected area 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 414 THEREFORE, BE IT ORDAINED by the CounciI of the City of Roanoke that Article I, Section 1, of Chapter 51 of the Code of the City of Roanoke, Virginia, relating to Zoning, be amended and reenacted in the following particular and no other, viz: A parcel of land known as Lots 1, 2, and the southerly portion of Lot 3, Block 7, Belmont Land Company, and designated as Official Lot No. 4112701, all in the City of Roanoke, be, and is hereby changed from General Residence District to Business District and that the Zoning Map shall be changed in this respect. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of August, 1956. No. 12800. AN ORDINANCE to amend and reenact Article I, Section 1, of Chapter 51 of the Code of the City of Roanoke, Virginia, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have all that parcel of real estate located in the City of Roanoke on the westerly side of Whiteside Street, N. E., rezoned from General Residence District to Business District, which parcel of land is more particularly described as follows, to-wit: BEGINNING at the southeasterly corner of the Tract known and designated as Official Serial Number 3150102; thence with the southerly side of said tract and an extension thereof in a westerly direction approximately 335 feet to a point; thence with a new line through and across the Tract designated as Official Number 3150101 in a northerly direction approximately 705 feet to the southerly line of the Huntington Court Subdivision; thence with the southerly line of the Huntington Court Subdivision in an easterly direction approximately 335 feet to the north- easterly corner of said Tract designated 3150102; thence with the easterly line thereof in a southerly direction approximately 705 feet to the place of BEGINNING. and, WHEREAS, the City Planning Commission has recommended that the above parcel of land be rezoned from General Residence District to Business District as requested; and, WHEREAS, notice required by Article XI, Section 43, of Chapter 51 of the Code of the City of Roanoke, Virginia, relating to Zoning, has been published in "The Roanoke World-News", a newspaper published in the City of Roanoke, for the time required by said section; and, WHEREAS, the hearing as provided for in said notice published in the said newspaper was held on the 13th day of August, 1956, at 2:00 o'clock, p. m., before the Council of the Citv of Roanoke in the Council Chamber in the Municinal Building, at which hearing property owners and other interested parties in the affected area 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 above parcel of land should be rezoned as requested. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Article I, Section 1, of Chapter 51 of the Code of the City of Roanoke, Virginia, relating to Zoning, be amended and reenacted in the following particular and no other, viz: All that parcel of real estate located on the westerly side of Whiteside Street, N. E., more particularly described as follows, to-wit: BEGINNING at the southeasterly corner of the Tract known and designated as Official Serial Number 3150102; thence with the southerly side of said tract and an extension thereof in a westerly direction approximately 335 feet to a point; thence with a new line through and across the Tract designated as Official Number 3150101 in a northerly direction approximately 705 feet to the southerly line of the Huntington Court Subdivision; thence with the southerly line of the Huntington Court Subdivision in an easterly direction approximately 335 feet to the north- easterly corner of said Tract designated 3150102; thence with the easterly line thereof in a southerly direction approximately 705 feet to the place of BEGINNING. be, and is hereby changed from General Residence District to Business District and the Zoning Map shall be changed in this respect. Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of August, 1956. No. 12810. AN ORDINANCE authorizing the sale and conveyance of Lot 23, Block 43, according to the Map of West End and Riverview, to O. W. Gills and Robert W. Putnam upon certain terms and provisions. WHEREAS, O. W. Gills and Robert W. Putnam have offered to purchase from the City the lot or parcel of land hereinafter described upon the terms and provisions hereinafter provided; and WHEREAS, the Council deems the aforesaid offer fair and reasonable and, for the best interests of the City, one to be accepted; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the offer of O. W. Gills and Robert W. Putnam to purchase from the City Lot 23, Block 43, according to the Map of West End and Riverview, for a cash consideration of $2,150.00, conveyance to be made by the City by deed containing Special Warranty of title, be, and it is hereby, accepted. EPEALED / ate. ' 41(; BE IT FURTHER ORDAINED that the proper City officials, upon payment to the City of the purchase price hereinabove provided, be, and they are hereby, authorized and directed, to execute, acknowledge and deliver, for and on behalf of the City, to the said purchaser, the City's deed conveying the aforesaid real estate, the deed to be upon such form as is prepared and approved by the City Attorney, containing the terms and provisions hereinabove provided and conveying said land to said purchasers with Special Warranty of title on the part of the said City. APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2?th day of August, 1956. No. 12814. AN ORDINANCE to amend and reordain Section =40, "Health Department", of the 1956 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =40, "Health Department", of the 1956 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: HEALTH DEPARTMENT ~40 Director, Tuberculosis Control, 4 Mos. @ $300.00 ...................................... $ 1,200.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from September 1, 1956. APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of August, 1956. No. 12815. A RESOLUTION accepting the proposal of Sovereign Pocahontas Company, Roanoke, Virginia, for furnishing the coal requirements of the City of Roanoke for the period from September 1, 1956, through August 31, 1957; and authorizing and directing the Purchasing Agent to purchase the coal in accordance with said proposal. 417 WHEREAS, bids have heretofore been received from interested suppliers for furnishing the coal requirements of the City of Roanoke for the period from September 1, 1956, through August 31, 1957, all of which said bids were heretofore opened and publicly read in the office of the City Purchasing Agent on August 20, 1956, and, thereafter, were reported to the Council of the City of Roanoke; and WHEREAS, it appears from a tabulation of said bids that the bid of Sovereign Pocahontas Company, Roanoke, Virginia, for furnishing the coa~ is the lowest and best bid received on furnishing the coal requirements of the city, and this Council is of the opinion that the proposal of said Sovereign Pocahontas Company should be accepted. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the proposal of Sovereign Pocahontas Company, Roanoke, Virginia, for furnishing the coal requirements of the City of Roanoke for the period from September 1, 1956, through August 31, 1957, at the following prices: Standard Run of Mine, $6.50 per ton; Stoker Pea (treated), $6.50 per ton; and Stove (treated), $7.75 per ton, is hereby determined and declared to be the best bid therefor and the same is hereby accepted. 2. That R. B. Moss, Purchasing Agent, be, and he is hereby authorized and directed to purchase the coal in accordance with said proposal. Clerk' APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of August, 1956. No. 12816. AN ORDINANCE to amend and reordain Section =110, "Recreation Department", of the 1956 Appropriation Ordinance, and providing for an emergency. ;qHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =110, "Recreation Department", of the1956 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: RECREATION DEPARTMENT =110 Public Celebrations (2) ................................. $ 7,862.50 (2) Seventy-fifth Anniversary Celebration, $5,812.50 Equipment 1 Typewriter ................. ........................... 187.50 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED I ~ 418 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of August, 1956. No. 12817. AN ORDINANCE to amend and reordain Section #144, "Bridge Construction", of the 1956 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~144, "Bridge Construction", of the 1956 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: BRIDGE CONSTRUCTION ~I44 Jefferson Street Grade Crossing Elimination Viaduct and Project ....................................... $ 147.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. Clerk APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of August, 1956. No. 12818. AN ORDINANCE to amend and reordain Section =62, "Fire Department", of the 1956 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of 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, "Fire Department", of the 1956 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: FIRE DEPARTMENT ~62 Maintenance of Apparatus ................................ $ 4,700.00 Capital Outlay Fire Hose ............................................. 3,800.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Pres~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of August, 1956. No. 12819. AN ORDINANCE to amend and reordain Section ~60, "Police Department~, of the 1956 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =60, ~Police Department", of the 1956 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: POLICE DEPARTMENT =60 Stationery and Office Supplies ......................... $ 2,750.00 Supplies ............................................... 3,900.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of August, 1956. No. 12820. AN ORDINANCE to amend and reordain Section =154, "Refunds and Rebates", of the 1956 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =154, "Refunds and Rebates", of the 1956 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: REFUNDS AND REBATES ~154 License Taxes .......................................... $ 6,500.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED P r e s~i~l~-m't' - REPEALED By N IN THE CO.UNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of August, 1956. No. 12821. A RESOLUTION amending the contract of October 16, 1953, between the City of Roanoke and the Town of Salem dealing with the treatment of domestic and commercial wastes. WHEREAS, the Council of the Town of Salem, Virginia, by a proper Resolution, adopted on the 9th day of July, 1956, requested the City of Roanoke to amend the contract of October 16, 1953, by and between the City of Roanoke and the Town of Salem dealing with the treatment of domestic and commercial wastes to the extent that said contract is hereinafter amended; which request is agreeable t.o this Council. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the contract of October 16, 1953, between the City of Roanoke and the Town of Salem dealing with the treatment of domestic and commercial wastes be, and the same is hereby, amended in the following respects only, viz.: (a) That the following described area of land be added to, and include in, said contract to the full extent as if said area were therein set out in extensio: SALEM - AREA C: BEGINNING at a point on the north side of U. S. Route 11, Lee Highway, at the west corporate limits of the Town of Salem; thence, leaving U. S. Route 11, Lee Highway, and with the west corporate limits of the Town of Salem and the east line of the Mary G. Logan property, N. 6° 40' W. 250.0 feet to a point; thence, leaving the corporate limit of the Town of Salem and with a new line in a westerly direction through and across the properties of Mary G. Logan and others paralleling U. S. Route 11, Lee Highway, and 250.0 feet north of the north right-of-way line thereof, crossing State Secondary Routes 619 and 855, 2,750.0 feet, more or less, to the west right of way line of State Secondary Route 641; thence, with the west right of way line of same, in a northerly direction, 3,200.0 feet, more or less, to a common corner of the properties of J. W. Puckett and C. C. Keesling; thence, leaving State Secondary Route 641 and with the outside boundary line of the C. C. Keesling property, the following courses and distances: N. 85° 30' W. 89.76 feet; N. 87° 30' W. 79.2 feet; N. 72° ~. 82.5 feet; N. 34° ~. 91.7 feet; N. 66° ~. 116.55 feet; N. 50° ~. 192.05 feet; N. 41° 30' N. 132.0 feet; N. 40° ~. 99.0 feet; N. 36° ~. 60.72 feet; N. 37° 15' ~. 269.16 feet; N. 29° 45' E. 112.2 feet; N. 17° E. 93.72 feet; N. 20° 15' ~. 39.6 feet; N. 40° N. 85.47 feet; N. 20° 15' N. 66.0 feet; N. 22° 45' ~. 48.5 feet; N. 6° 00' N. 148.69 feet; S. 66° 30' ~. 2,498.0 feet; S. 15° 50' E. 317.0 feet; S. 14° 50' E. 121.5 feet; S. 15° 55' E. 337.0 feet; S. 6° 10' E. 41 feet to a gum on the east side of State Secondary Route 640, Butt Hollow Road; thence, with same, in a southerly direction, 4,600.00 feet, more or less, to the north right- of-way line of U. S. Route 11, Lee Highway; thence, with same, in an easterly direction, 1,200.0 feet, more or less, to a point opposite the intersection of U. S. Route 11, Lee Highway, and State Secondary Route 760; thence, leaving the north right-of-way line of U. S. Route 11, Lee Highway, and crossing same to the east right- of-way line of State Secondary Route 760; thence, with State Secondary Route 760, in a southerly direction, to the right-of-way line of the Norfolk (b) 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 City's interceptor sewer, may also be delivered to and treated by the City in accordance with said contract, with the important exceptions, however, that such sewage, originating within the above-described area, shall, at the entire cost of the Town of Salem, be metered at a place and in a manner approved by the Director of Public Works of the City of Roanoke, and, also, the Town of Salem shall pay, unto the City of Roanoke, for the transportation and treatment of such domestic and commercial wastes, originating within the above area, charges 50% greater than the charges provided for in the contract hereby amended, and as said charges may vary, from time to time, pursuant to the terms of said contract; which additional charges shall continue to be due and payable even though all, or any part, of the above area may subsequently be annexed to or become a part of the Town of Salem. (c) That in all other respects said contract shall remain in full force and effect. 2. That t~City Clerk be, and he is hereby, directed to mail two attested copies of this Resolution to William J. Paxton, Jr., Town Clerk, Salem, Virginia. APPROVED ~C le}fk President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2?th day of August, 1956. No. 12822. A RESOLUTION amending the contract of September 28, 1954, between the City of Roanoke and the County of Roanoke dealing with the treatment of domestic and commercial wastes. WHEREAS, the Board of Supervisors of Roanoke County, Virginia, by a proper Resolution, adopted on the 16th day of July, 1956, requested the City of Roanoke to amend the contract of September 28, 1954, between the City of Roanoke and the County of Roanoke, dealing with the treatment of domestic and commercial wastes, to the extent only that said contract is hereinafter amended; which request is agreeable to this Council; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the contract of September 28, 1954, between the City of Roanoke and the County of Roanoke dealing with the treatment of domestic and commercial wastes be, and the same is hereby, amended in the following respects only, viz.: 4Z1 422 (a) That the following described areas of land be added to, and included in, said contract, to the full extent as if said areas were therein set out in extensio: 1. BEGINNING at a point in the center of the Old Fincastle Turnpike (State Secondary Route ~605) approximately 700 feet north of the intersection of said Turnpike and Hol- lins Road, N. E.; thence, S. 16° 15' W. 627 feet to a point in the center of Tinker Creek; thence, N. 41° 32' W. 1150 feet with the center line of said Tinker Creek to a point on the east bank of Tinker Creek; thence, S. 74° 45' E. 970 feet to the point of BEGINNING and enclosing the properties of Lyle L. and Luevenie Guster Riley, the Roanoke Baptist Missionary and Social Union, Inc., and the Trustees of the Hollins Road Baptist Church; and Being a part of Section 1, Rockydale Heights Subdivision of record in Plat Book 1, page 181, in the office of the Clerk of the Circuit Court for Roanoke County. BEGINNING at a point on the west right-of- way line of Palmer Avenue (State Secondary Route ~1581), said point being the north- east corner of Lot 23, Section 6, Palmer Park Subdivision, a map of which is recorded in Deed Book 522, page 500, in the Office of the Clerk of the Circuit Court for Roanoke County; thence, S. 9° 42' W. 180 feet to a point; thence, with a line, S. 68o 41' W. 378 feet, more or less, to a point on the west side of Lela Avenue (State Secondary Route ~1596) and said point being the north- east corner of Lot 13, Section 6, Palmer Park Subdivision; thence, with the west right-of- way line of said Lela Avenue, S. 12° 11' W. 383 feet, more or less, to a pointon said west right-of-way line and being on the east boundary of Lot 30, Section 3, Palmer Park Subdivision; thence, with a line through Lot 30, N. T7° 49' W. 252 feet, more or less, to a point on the west boundary of Lot 30 and being the center of Tinker Creek; thence, with the center line and up the creek, N. 38° 30' E. 346 feet to a point; thence, N. 38° 26' E. 612 feet to a point on the east bank of the creek and being the northwest corner of said Lot 23, Section 6; thence, S. 80° 18' E. 240 feet, more or less, to the point of BEGINNING, and Being all of Section 6 and part of Section 3, Palmer Park Subdivision. (b) 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 City's interceptor sewer, may also be delivered to, an( treated by, the City in accordance with said contract; (c) That acceptable wastes originating within the aforesaid areas shall be delivered, by the County, to the City's sanitary sewer system at such point as is approved by the City's Director of Public Works or the Cit]sEngineer and the requisite measuring meter installed, at said point of delivery, by the County; (d) That in all other respects said contract shall remain in full force and effect. 2. That the City Clerk be, and he is hereby, directed forthwith to mail an attested copy of this Resolution to Roy K. Brown, Clerk of the Board of Supervisors Roanoke County, Virginia. APPROVED 423 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of August, 1956. No. 12824. AN ORDINANCE authorizing and directing the acquisition by condemnation of 2,281.11 square feet of land, more or less, on the north side of Salem Avenue between Jefferson Street and 1st Street, S. W., from Whiting Oil Company, Incorporated, or the lawful owner thereof, for public street purposes; and pro- viding for an emergency. WHEREAS, Council deems it necessary and essential that Salem Avenue, one of the public streets of the City, be widened and improved between Jefferson Street and 1st Street, S. W.; and WHEREAS, for the aforesaid purposes, it is necessary that the City acquire certain additional land on the north side of Salem Avenue, including the 2,281.11 square foot strip of land hereinafter described, presently owned by Whiting Oil Company, Incorporated; and WHEREAS, the City, through its authorized agents and officials, has heretofore made a bona fide effort to acquire the land hereinafter described by purchase but, because of an inability to agree with the owner thereof upon the terms and price of sale of said land, its efforts to acquire said land have been ineffectual; and WHEREAS, Council deems the City's offer to said owner to be fair and reasonable and to represent a fair market value of the land proposed to be acquired and, as well, the damages, if any, resulting to the residue property of said owner and all other reasonable damages in spite of which it presently appears impossible to reach an agreement with said owner respecting the terms and price upon which the City may acquire the said land; and WHEREAS, Council deems the present congested traffic condition and the present width and condition of Salem Avenue within the block aforesaid to constitute a hazard and to impair the proper daily operation of the municipal government and, accordingly,deems an emergency to exist with respect to the City's acquisition of the land hereinafter mentioned; 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 forthwith to institute in the proper Court of the City condemnation proceedings to acquire, for and on behalf of the City, the fee simple title to that certain strip or parcel of land containing 2,281.11 square feet of land, more or less, situate on the north side of Salem Avenue between Jefferson Street and 1st Street, S. W., fronting 175.48 feet on Salem Avenue, (175.70 feet by deed), and extending northerl therefrom 13.0 feet, the same being shown as Parcel 2 on Plan No. 4057-2, prepared in the Office of the City Engineer, Roanoke, Virginia, under date of March 30, 1956, to which plan reference is hereby made, which said land the Council is advised is presently owned by Whiting Oil Company, Incorporated; BE IT FURTHER ORDAINED that, for the immediate preservation of the public and effect from its passage. APPROVED Pre s~d~nt IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of August, 1956. No. 12825. AN ORDINANCE authorizing and directing the acquisition by condemnation of 715.91 square feet of land, more'or less, on the north side of Salem Avenue between Jefferson Street and 1st Street, S. W., from Goodwill Industries and Gospel Mission of Roanoke, Incorporated, or the lawful owner thereof, for public street purposes; and providing for an emergency. WHEREAS, Council deems it necessary and essential that Salem Avenue, one of the public streets of the City, be widened and improved between Jefferson Street and 1st Street, S. W.; and WHEREAS, for the aforesaid purposes, it is necessary that the City acquire certain additional land on the north side of Salem Avenue, including the 715.91 square foot strip of land hereinafter described, presently owned by Goodwill Industries and Gospel Mission of Roanoke, Incorporated; and WHEREAS, the City, through its authorized agents and officials, has heretofore made a bona fide effort to acquire the land hereinafter described by purchase but, because of an inability to agree with the owner thereof upon the terms and price of sale of said land, its efforts to acquire sa~ land have been ineffectual; and WHEREAS, Council deems the City's offer to said owner to be fair and reasonable and to represent a fair market value of the land proposed to be acquired and, as well, the damages, if any, resulting to the residue property of said owner and all other reasonable damages in spite of which it presently appears impossible to reach an agreement with said owner respecting the terms and price upon which the City may acquire the said land; and WHEREAS, Council deems the present congested traffic condition and the present width and condition of Salem Avenue within the block aforesaid to constitut( a hazard and to impair the proper daily operation of the municipal government and, accordingly, deems an emergency to exist with respect to. the City's acquisition of the land hereinafter mentioned; 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 forthwith to institute in the proper Court of the City condemnation proceedings to acquire, for and on behalf of the City, the fee simple title to that certain strip or parcel of land containing 715.91 square feet of land, more or less, situate on the fronting 55.07 feet on Salem Avenue, and extending northerly therefrom 13.0 feet, the same being shown as Parcel 3 on Plan No. 4057-3, prepared in the Office of the City Engineer, Roanoke, Virginia, under date of March 30, 19§6, to which plan reference is hereby made, which said land the Council is advised is presently owned by Goodwill Industries and Gospel Mission of Roanoke, Incorporated; BE IT FURTHER ORDAINED that, for the immediate preservation of the public safety and for the usual daily operation of the Municipal Government, an emergency is hereby declared to exist and that this Ordinance shall be in full force and effect from its passage. APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2?th day of August, 1956. No. 12826. A RESOLUTION extending the contract of May 11, 1956, between Adams Construction Company and the City of Roanoke for the paving of streets at various locations in the City. WHEREAS, Adams Construction Company has offered to extend the contract of May 11, 1956, between it and the City of Roanoke so as to provide for the paving of additional streets at various additional locations in the City, as directed by the Director of Public Works or the City Engineer, for the additional consideration of $50,000.00; and WHEREAS, in the judgment of this Council, the best interest of the City will be served by accepting said offer; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the contract of May 11, 1956, between Adams Construction Company and the City of Roanoke, for the paving of streets at various locations in the City be, and said contract is hereby, extended, for and on behalf of the City of Roanoke, to provide for the paving of additional streets at various additional locations in the City of Roanoke, as directed by the Director of Public Works or the City Engineer, for the additional consideration of $50,000.00; provided, however, that this resolution shall not become effective until an attested copy thereof has been signed and sealed by Adams Construction Company, as evidence of said contractor's willingness to the extension of said contract as herein contemplated and such attested copy hereof has also been signed and sealed by The Travelers Indemnity Company, the contractor's surety, as evidence of said surety's agreement that the bond attached to and made a part of the original contract shall protect the City as fully and completely, with regard to such extension, as it protected the City with regard to the performance of the work originally contemplat Roanoke, Virginia August 27, 1955 Signed and sealed as evidence of the undersigned parties' agreement to the proviso provision of the resolution. ADAMS CONSTRUCTION COMPANY By ~ (SEAL) ~ Partn~r- THE TRAVELERS INDEMNITY CO. By~.()~_~/~. ~z~//(SEAL) Attorney in fact APPROVED ff Cler'k .., IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of September, 1956. President No. 12813. AN ORDINANCE enacted pursuant to the provisions of Section 15-766.1 of the Code of Virginia of 1950, as amended to date, providing for the approval of the Council of the City of Roanoke, Virginia, to an instrument in writing vacating, discontinuing and closing that portion of Sixth Street, N. W., located on the southerly side of Shenandoah Avenue, 400 feet west of Fifth Street, as hereinafter more fully described. WHEREAS, application has been made to the Council of the City of Roanoke to have approved a certain instrument in writing dated May 21, 1956, executed by Claude A. Hodges and Eleanor G. Hodges, his wife, Joseph W. Hodges, Jr., and Letitia H. Hodges, his wife, and J. Cutchin Hodges and Ina C. Hodges, his wife; Hodges Lumber Corporation, a Virginia corporation; Norfolk and Western Railway Company, a Virginia corporation; and Bankers Trust Company, Trustee, a New York corporation, vacating, discontinuing and closing the hereinafter described portion of Sixth Street, N. W., located on the southerly side of Shenandoah Avenue, 400 feet west of Fifth Street; and WHEREAS, the said Claude A. Hodges, Joseph W. Hodges, Jr., and J. Cutchin Hodges; Hodges Lumber Corporation and the Norfolk and Western Railway Company are all the fee simple owners of all of the property abutting said portion of Sixth Street, N. W.; and WHEREAS, the Bankers Trust Company, Trustee, is holder of the First Consolid Mortgage of the Norfolk and Western Railway Company dated October 22, 1896, and ted 42 i' the property abutting the southerly side of the portion of said Sixth Street which is to be vacated, discontinued and closed is subject to said mortgage; and WHEREAS, the City Planning Commission has considered the request of said application and has recommended that it be granted; and WHEREAS, this Council caused a public hearing to be held on August 27, 1956 pursuant to due notice thereof, at which hearing the citizens were given an opportunity to be heard both for and against the request of said petition; and WHEREAS, this Council, after considering the evidence submitted, is of the opinion that vacating, discontinuing and closing said portion of Sixth Street, N. W., will not abridge or destroy any of the rights or privileges of other owners of property within the bounds of the area of land shown on the various plats record in the Clerk's Office of the Hustings Court for the City of Roanoke and on maps on file in the office of the City Engineer, the basic map being the one showing the land of Rogers, Fairfax & Houston compiled by Wingate & Hanckel, Engineers, dated December, 1890, and recorded in the aforesaid Clerk's Office in Deed Book 48, page 452; and WHEREAS, this Council is of the further opinion that said request should be granted. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that that certain instrument executed by Claude A. Hodges and Eleanor G. Hodges, his wife, Joseph W. Hodges, Jr., and Letitia H. Hodges, his wife, and J. Cutchin Hodges and Ina C. HOdges, his wife; Hodges Lumber Corporation, a Virginia corporation; Norfolk and Western Railway Company, a Virginia corporation; and Bankers Trust Company, Trustee, a New York corporation, under date of May 21, 1956, permanently vacating, discontinuing and closing the following described portion of Sixth Street, N. W., located on the southerly side of Shenandoah Avenue, 400 feet west of Fifth Street in the City of Roanoke, to-wit: BEGINNING at point No. 1 as shown on the plat made for Hodges Lumber Corporation by C. B. Malcolm and Son, S.C.E., dated May 1, 1956, being N. 69° 06' W. 400 feet from the intersection of the southerly side of Shenandoah Avenue, N. with the westerly side of Fifth Street, N. W. (also known as Park Street); thence along the westerly line of Lot 1, Block 23 according to the Rogers, Fairfax and Houston addition to the City of Roanoke, S. 200 54' W. 130 feet to point No. 2, a point on the northerly right-of-way line of the Norfolk and Western Railway Company's property; thence with the same N. 69° 06' W. 50 feet to point No. 3; thence with the easterly line of Lot 8, Block 24 of the said Rogers, Fairfax and Houston addition N. 20o 54' E. 130 feet to point No. 4; thence along the southerly side of Shenandoah Avenue, S. 69° 06' E. 50 feet to point No. 1, the place of BEGINNING, and being a strip or parcel of land comprising Sixth Street, N. W. (formerly First Street) as shown on the aforesaid plat and also as shown on the "Map of Land of Rogers, Fairfax and Houston" compiled by Wingate and Hanckel, Engineers, dated December, 1890, and recorded in the Clerk's Office of the Husting Court for the City of Roanoke, Virginia, in Deed Book 48, page 452, be, and the same is hereby approved by this Council as provided by Section 15-766.1 of the Code of Virginia of 1950, as amended to date. 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 428 said City Engineer make appropriate notation of the vacation, discontinuance and closing as herein approved and that said instrument dated May 21, lq$5, be recorded contemporaneously with the recordation of the copy of this Ordinance in the Clerk's Office of the Hustings Court of the City of Roanoke, Virginia. BE IT FURTHER ORDAINED that all recording and other costs be borne by the petitioners. AT APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of September, 1956. No. 12823. AN ORDINANCE leasing unto the Roanoke Hospital Association .certain real estate in the vicinity of the Roanoke Memorial Hospital for the purpose of supplying parking facilities, without charge, to visitors to and the staff and employees of said Hospital. WHEREAS, Roanoke Hospital Association has requested the City of Roanoke to lease unto it certain real estate belonging to the City situate in the vicinity of Roanoke Memorial Hospital upon terms and conditions acceptable to the City for the purpose of supplying parking facilities, without charge, to visitors to and the staff and employees of said Hospital; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the City of Roanoke doth hereby lease unto Roanoke Hospital Association certain of its real estate situate in the City of Roanoke, Virginia, and being that portion of the sixty-two (52) acre tract of'land (Official No. 4050502) bounded on the north by Belleview Avenue, on the west by Jefferson Street, on the east by Lake Street, and on the south by the chain fence as extended to Jefferson Street (said chain fence being located in the old Mill Mountain incline right-of-way and north of the Water Department building); 2. That the term of said lease shall be from September 1, 1955, to September 1, 1958, which term shall be automatically renewed for year~ly periods thereafter unless either Roanoke Hospital Association or the City of Roanoke, Virginia, gives the other party ninety (90) days written notice in advance of the original expiration date, or any automatically renewed yearly period, of its intention not to renew said lease; 3. That Roanoke Hospital Association shall pay the City of Roanoke annual rental, in advance, in the sum of $1.00; 4. That the Roanoke Hospital Association shall use the above-described real estate for the purpose of constructing and maintaining thereon, at its own 5. That the Roanoke Hospital Association shall agree that it will construct the parking area on the demised premises subject to the supervision of the City Manager of the City of Roanoke, Virginia, and that such construction and operation of the parking lot so constructed shall be subject to the following conditions: (a) The parking area shall be paved to provide a satisfactory surface for parking; (b) Adequate drainage shall be provided for the paved parking area; (c) The paved parking area shall extend no closer than five (5) feet from the trunks of the trees surrounding the proposed parking area; (d) A bumper rail shall be installed near the edge of the pavement of the parking area to prevent cars from getting off such paved area; (e) Roanoke Hospital Association shall agree to use the demised premises in such a manner as not to interfere with the present unpaved access roads thereon and shall not permit parking on that part of the demised premises under which the City of Roanoke Water Department's two water lines run; (f) Roanoke Hospital Association shall install adequate lights to illuminate the parking area and the expense of the electric current therefor shall be paid by said Roanoke Hospital Association; (g) Roanoke Hospital Association shall agree to permit the City of Roanoke, its agents and employees, access to said demised premises and particularly to the water lines running along the easterly side thereof and to the culvert running approximately through the center thereof, at all times; (h) In the event it becomes necessary for the City of Roanoke to disturb the surface of the proposed parking area for the purpose of obtaining access to the above-mentioned culvert, Roanoke Hospital Association shall repair any such surface so distrubed at its own cost and expense; (i) Roanoke Hospital Association shall maintain the shrubbery and the grass on the demised premises around the periphery of the paved parking area; and (j) In the event Roanoke Hospital Association desires to install a waiting shed for bus patrons on the demised premises, such shed shall be of an open type to prevent loitering and other nuisance activities; 6. Roanoke Hospital Association shall agree to indemnify and hold harmless the City of Roanoke from any liability for accidents to or damages sustained by any persons in connection with the use by Roanoke Hospital Association of the demised premises for a parking area during the term of this lease; and 7. The City of Roanoke reserves the right to cancel this lease and repossess the demised premises in event, in the sole judgment of its Council, a municipal need exists for so doing, upon giving ninety (90) days written notice of its intention so to do. BE IT FURTHER ORDAINED by the Council of the City of Roanoke that, in no event, shall this Ordinance become effective until an attested copy of the 430 same shall have been properly executed, for and on behalf of Roanoke Hospital Association,. as evidence of said Association's agreement to be bound by all of the terms and conditions imposed upon it by this Ordinance. Roanoke, Virginia August 27, 1956 Executed, for and on behalf of Roanoke Hospital Association, Inc., as evidence of said Association's agreement to be bound by all of the terms and conditions imposed upon it by this Ordinance: ~ATTEST: ecretar~ ROANOKE HOSPITAL ASSOCIATION, INC. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of September, 1956. No. 12827. AN ORDINANCE receiving and filing the Virginia Division of Forestry's report of May 21, 1956, regarding marketable timber growing on the 120 acre tract therein described and partially amending Section 3 of Ordinance No. 12519 by directing the City Manager, after the said Forest Service shall have properly marked all of the timber it recommends be sold, to proceed to publicly advertise the fact that the City will sell, at public auction, the marked marketable timber growing, respectively, on the aforesaid 120 acre tract, the Beaver Dam drainage area and the Falling Creek Watershed, and immediate.ly, thereafter, and before the acceptance of any of the three individual bids that may be made, that it will offer, at public auction, all marked marketable timber growing on all three areas, and accept either the individual bids or the aggregate bid, as the best interests of the City shall dictate. WHEREAS, by Ordinance No. 12519, adopted by this Council on the 10th day of October, 1955, the written report and recommendations of the "Timber Lands Committee" bearing date September 27, 1955, were approved; and WHEREAS, as directed by the last-mentioned Ordinance, the City Manager, for and on behalf of the City, executed the agreement with the Virginia Forest Service for marking and estimating the City's timber on and near the Beaver Dam WHEREAS, Section 3 of the last-mentioned Ordinance provided, in part, "That upon completion of the marking and estimating of the timber by the Virginia Forest Service, ** that the City Manager be, ** directed to advertise for bids for the purchase of such standing timber as is * marked for cutting and sale; *"', and WHEREAS, the aforesaid Virginia Forest Service has filed its report, dated May 21, 1956, regarding marketable timber growing on the 120 acre tract therein described, situate outside of the drainage area of either the Beaver Dam or Falling Creek Watersheds--the timber growing on the aforsaid 120 acre tract being the only timber that has been marked for cutting and sale at this time by said Forest Service; and WHEREAS, the said Virginia Forest Service, in its aforementioned report of May 21, 1956, recommends that the City's merchantable timber, as marked by it, standing on the aforesaid 120 acre tract, be disposed of, at public auction, at this time and before said Forest Service has completed marking all timber standing in the entire area that it proposes to recommend be so~Id; and WHEREAS, this Council is unwilling to concur in the aforementioned recommendation of the said Virginia Forest Service, but, on the contrary, feels the best interests of the City will be served by delaying any public auction sale of any portion of the timber said Forest Service proposes to recommend be sold until it shall have properly marked all such timber standing within the entire area; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the report of the Virginia Division of Forestry dated May 21, 1956, regarding marketable timber standing on the 120 acre tract therein described be, and said report is hereby, ordered received and filed; 2. That the City Manager be, and he is hereby, directed to request the said Virginia Division of Forestry to promptly proceed with, and complete as soon as possible, the proper marking of all of the City's timber, standing with- in and near the Beaver Dam and the Falling Creek Watersheds, that said Division of Forestry proposes to recommend be sold; and 3. That after the said Forest Service shall have properly marked all of the timber, standing within the entire area that it recommends be sold, that the City Manager be, and he is hereby, directed to proceed to publicly advertise the fact that the City of Roanoke will sell, at public auction, the timber marked and recommended for sale by said Forest Service as standing first on three re- spective areas, viz.: (a) on the aforesaid 120 acre tract, (b) on the Beaver Dam drainage area and (c) on the Falling Creek Watershed, and immediately there- after, and before the acceptance of any of the three individual bids that may be made, that the City will offer, at public auction, all such marked timber growing on all three of the areas, and that it will accept either the individual bids or the aggregate bid, as the best interests of the City shall dictate. That the said City Manager shall advertise the holding of such public auction sale at such time and place as he deems best and he shall set forth in such advertisement, after consultation with said Forest Service, the Manager of the Water DePartment, and the City Attorney, such protecting provisions of the City's interests as may be considered advisable, including detailed logging methods to be required of the successful bidder,,or bidders, to fully protect the Watersheds and the unsol'd timber. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of September, 1956. No. 12828. AN ORDINANCE to amend and reordain certain sections of the 1956 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1956 Appropriation Ordinance be, and the same are hereby amended and reordained to read as follows, in part: CLERK ~2 Salary,Clerk ............................................ $ 7,200.00 MANAGER ~3 Salary, Manager .............. ........................... $ 14,400.00 ATTORNEY #4 Salary, Attorney ........................................ $ 10,320.00 Salary, Assistant Attorney .............................. 7,200.00 AUDITOR ~10 Salary, Auditor ......................................... $ 9,840.00 JUVENILE AND DOMESTIC RELATIONS COURT #23 Salary, Judge ........................................... $ 7,200.00 MUNICIPAL COURT #24 Salary, Chief Judge ..................................... $ 7,560.00 Salary, Judge ........................................... 7,200.00 HEALTH DEPARTMENT ~40 Salary, Commissioner .................................... $ 8,880.00 PUBLIC ASSISTANCE ~52 Salary, Director ........................................ $ 6,840.00 POLICE DEPARTMENT ~60 Salary, Superintendent .................................. $ 6,840.00 FIRE DEPARTMENT #62 Salary, Chief ........................................... $ 6,840.00 ENGINEERING SERVICES gSO Salary, Director of Public Works ........................ $ 8,880.00 4:io RECREATION DEPARTMENT ~110 Salary, Director ....................................... $ 6,120.00 APPROPRIATION FOR SALARY AND WAGE ADJUSTMENTS UNDER JOB CLASSIFICATION PLAN AND COST OF SURVEY #165 .............................. $189,860.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be retroactive to and in effect from January 1, 1956. APPROVED Pre sifle?t~I IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of September, 1956. No. 12829. A RESOLUTION directing the release of an erroneous sewer assessment lien against Lot 22, Block 6, Roanoke Land and Improvement Company, in the name of Mary Terry Heirs. WHEREAS, in January, 1912, a sewer assessment, in the amount of $9.29, was levied against Lot 22, Block 6, Roanoke Land and Improvement Company Map, in the name of Mary Terry Heirs; and WHEREAS, at the request of the City Clerk, the City Attorney, under date of June 26, 1956, rendered a written opinion holding that the aforementioned sewer assessment lien was invalid; which said written opinion is now on file in the Office of the City Clerk; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Clerk be, and he is hereby, directed to release, of record, the alleged sewer assessment lien, in the amount of $9.29, erroneously levied, in January, 1912, against Lot 22, Block 6, Roanoke Land and Improvement Company Map, in the name of Mary Terry Heirs; making reference in his release to this Resolution. A P P R 0 V E D IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of September, 1956. No. 12832. AN ORDINANCE to amend and reordain Section RS, "Commissioner of Revenue", of the 1956 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the 4:t4 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section gS, "Commissioner of Revenue", of the 1956 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: COMMISSIONER OF REVENUE #5 Equipment (2) (3) ..................................... $ 1,624.50 (2) One-third reimbursed by State. (3) 14 Desks ..................... $1,190.00 14 Chairs .................... 434.50 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Pre~S~ent // IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of September, 1956. No. 12833. AN ORDINANCE to amend and reordain Section #24, "Municipal Court", and Section =86, "Municipal Building", of the 1956 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =24, "Municipal Court", and Section ~86, "Municipal Building", of the 1956 Appropriation Ordinance, be, and the same are hereby amended and reordained to read as follows, in part: MUNICIPAL COURT #24 Telephone ............................................. $ 345.00 Equipment (1) ......................................... 480.00 (1) 2 Desks and Chairs MUNICIPAL BUILDING ~86 Repairs ............................................... $ 12,485.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of September, 1956. No. 12834. AN ORDINANCE to amend and reordain Section ~142, "Transfer to Improvement Fund", of the 1956 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section g142, "Transfer to Improvement Fund", of the 1956 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: TRANSFER TO IMPROVEMENT FUND ~142 Jefferson Street Grade Crossing Elimination Viaduct and Project ....................... $ 50,147.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of September, 1956. No. 12835. A RESOLUTION accepting the proposal of Hartman Construction Company, Roanoke, Virginia, for the construction of concrete curb and gutter and sidewalk on Wilkins Street and Wayne Street, N. E., and on Salem Avenue, S. in the total sum of $8,180.25; and authorizing and directing the City Manager to execute the requisite contract. WHEREAS, a committee composed of Mr. Arthur S. Owens, City Manager, and Mr. H. Cletus Broyles, City Engineer, upon the request of the Council of the City of Roanoke, has studied the one bid heretofore received for the construction of concrete curb and 'gutter and sidewalk on Wilkins Street and Wayne Street, N. E., and on Salem Avenue, S. W., and WHEREAS, the committee has reported that in its opinion the bid of Hartman Construction Company, Roanoke, Virginia, in the total sum of $8,180.25, is proper and in line with the previous contract for construction of curb and gutter and sidewalk in the city for this year and has recommended acceptance of the said bid, and WHEREAS, this Council is of the opinion that the proposal of Hartman Construction Company should be accepted and that a contract for the project should be so awarded to said Company. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the bid of Hartman Construction Company, Roanoke, Virginia, for the construction of concrete curb and gutter and sidewalk on Wilkins Street and Wayne Street, N. E., and on Salem Avenue, S. W., is hereby accepted; and that a contract for said project be forthwith executed in the sum of $8,180.25. 2. That Arthur S. Owens, City Manager, be, and he is hereby authorized and directed, for and on behalf of the City of Roanoke, to execute the contract herein provided for. APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of September, 1956. No. 12830. AN ORDINANCE to amend and reenact Article I, Section 1, of Chapter 51 of the Code of the City of Roanoke, Virginia, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have all those parcels of land located in the City of Roanoke, Virginia, on the westerly side of Maple Avenue, S. W., known and designated as Official Tax Numbers 1023313, 1023315, 1023316 and 1023317 rezoned from Special Residence District to Business District; and WHEREAS, the City Planning Commission has recommended that said parcels of land, together with that parcel known as Official Tax Number 1023314, be rezoned from Special Residence District to Business District as requested; and WHEREAS, notice required by Article XI, Section 43, of Chapter 51 of the Code of the City of Roanoke, Virginia, relating to Zoning, has been published in "The Roanoke World-News', a newspaper published in the City of Roanoke, for the time required by said section; and WHEREAS, the hearing as provided for in said notice published in said newspaper was held on the 4th day of September, 1956, at 2:00 o'clock, p. m., before the Council of the City of Roanoke in the Council Chamber in the Municipal Building, at which hearing property owners and other interested parties in the affected area 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 above parcels of land should be rezoned as requested and as recommended by the City Planning Commission. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Article I, Section 1, of Chapter 51 of the Code of the City of Roanoke, Virginia, relating to Zoning, be amended and reenacted in the following particular and no All those parcels of land situated on the westerly side of Maple Avenue, S. W., south of Jefferson Street, known and designated as Official Tax Numbers 1023313, 1023314, 1023315, 1023316 and 1023317. be, and are hereby changed from Special Residence District to Business District and the Zoning Map shall be changed in this respect. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of September, 1956. No. 12831. AN ORDINANCE vacating, discontinuing and closing that portion of Maddock Avenue and Thurston Avenue between the west side of Wilkins Street, N. E., and the east side of Lukens Street, N. E. WHEREAS, Henpaul Homes, Incorporated, a Virginia Corporation, owner of real estate situate on both sides of Maddock Avenue and Thurston Avenue between the west side of Wilkins Street, N. E., and the east side of Lukens Street, N. E., has presented to Council a written instrument signed and acknowledged in accordance with the provisions of Section 15-766.1 of the Code of Virginia Of 1950, as amended, which instrument recites that the said party is the sole abutting property owner on both sides of the aforesaid avenues; and WHEREAS, there are no other property owners in the vicinity whose rights or privileges will be abridged or destroyed by the vacating, discontinuing and closing of said avenues in accordance with the provisions of Section 15-766.1 of the Code of Virginia of 1950, as amended; and WHEREAS, under the provisions of Section 15-766.1 of the Code of Virginia of 1950, as amended, said avenues may be permanently vacated by the governing body of the City of Roanoke by presenting a written instrument before said governing body; and WHEREAS, by action of the Council of the City of Roanoke, Virginia, on June 20, 1956, the matter was referred to the City Planning Commission for its recommendations; and WHEREAS, the Planning Commission had a public hearing on August 2, 1956, at which hearing there were no objections to the vacating, discontinuing and closing of the said avenues and the Planning Commission recommended to the Council of the City of Roanoke, Virginia, that the portions of Maddock Avenue and Thurston Avenue between the west side of Wilkins Street, N. E., and the east side of Lukens Street, N. E., be vacated, discontinued and closed; and WHEREAS, the Council of the City of Roanoke did on the 4th day of September 1956, in the Council Chamber for the City of Roanoke, after publication of due Avenue between the west side of Wilkins Street, N. E., and the east side of Lukens Street, N. E., at which hearing there was no objection or expressed opposition; and WHEREAS, it appears to the Council of the City of Roanoke that Henpaul Homes, Incorporated, has requested that the said avenues be vacated, discontinued and closed and Henpaul Homes, Incorporated, has agreed to bear the cost of the proceedings. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that it officially expresses its approval of the vacating, discontinuing and closing of the portions of Maddock Avenue and Thurston Avenue, N. E., more particularly described as follows: That portion of Maddock Avenue bounded by the west side of Wilkins Street, N. E., by the east side of Lukens Street, N. E., on the north side by lots 2 through 15, Block H of Williamson Groves Addition and on the south side by Lots 17 through 30, Block G of said addition as shown in Plat Book l, pages 316-317, recorded in the Clerk's Office of the Circuit Court for the County of Roanoke; and that portion of Thurston Avenue, N. E., bounded by the west side of Wilkins Street, N. E., by the east side of Lukens Street, N. E., on the north side by Lots 2 through 15, Block G of Williamson Groves Addition and on the south side by Lots 20 through 33, Block L of said addition as shown in Plat Book 1, pages 316-317, recorded in the Clerk's Office of the Circuit Court for the County of Roanoke. BE IT FURTHER ORDAINED that all right, title and interest of the City of Roanoke and the public in and to the said avenues be, and are hereby released insofar as this Council is empowered so to do, the City of Roanoke, however, reserving to itself a public easement of the avenues in which there are now or may be installed sewer lines, water mains or storm drains and reserving further the right of ingress and egress for repair and maintenance of the same. BE IT FURTHER ORDAINED that the City Engineer be, and he is hereby directed to mark "Permanently vacated, discontinued and closed" the above described portions of said avenues on all maps and plats on file in his office upon which said avenues may be shown, referring to the Book and Page number of the Ordinanc~ and Resolution~ wherein this Ordinance shall be spread, and referring to the Deed Book and Page Number in the Clerk's Office of the Hustings Court for the City of Roanoke, where the aforesaid instrument signed by the abutting property owner is filed for recordation. BE IT FURTHER ORDAINED that the Clerk of this Council be, and he is hereby directed to deliver to the Clerk of the Circuit Court for Roanoke County and the Clerk of the Hustings Court for the City of Roanoke a copy of this Ordinan in order that said Clerks may make proper notations on all maps recorded in their respective offices upon which said avenues are shown and that said Clerk of this Council be, and he is hereby directed to furnish to Henpaul Homes, Incorporated, a copy of this Ordinance to be attached to the aforesaid written instrument for filing for record in the Clerk's Office of the Circuit Court for Roanoke County, and the Clerk's OffiCe of the Hustings Court for the City of Roanoke, Virginia. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of September, 1956. No. 12836. AN ORDINANCE to amend and reordain Section ~24, "Municipal Court", of the 1956 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~24, "Municipal Court", of the 1956 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: MUNICIPAL COURT ~24 Telephone ................................................ $ 355.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ~~ Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of September, 1956. No. 12837. AN ORDINANCE to amend and reordain Section #31, "Juvenile Detention Home", of the 1956 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~31, "Juvenile Detention Home", of the 1956 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: JUVENILE DETENTION HOME ~31 Medical Expenses (2) ..................................... $ 700.00 (2) 100% reimbursed by State. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED 440 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of September, 1956. No. 12838. A RESOLUTION authorizing heads of departments of the Roanoke Municipal Government whofind it necessary to employ extra clerical or stenographic help as provided for in the budget to pay said extra help on a per diem basis at the rate of a minimum of $8.00 per day and a maximum of $11.00 per day for actual time worked, depending on the experience of the employee and the type of work required to be done; and revoking Resolution No. 10933, adopted on the 22nd day of January, 1951. BE IT RESOLVED by the Council of the City of Roanoke that authority be, and the same is hereby granted heads of departments of the Roanoke Municipal Government who find it necessary to employ extra clerical or stenographic help as provided for in the budget to pay said extra help on a per diem basis at the rate of a minimum of $8.00 per day and a maximum of $11.00 per day for actual time worked, depending on the experience of the employee and the type of work required to be done. BE IT FURTHER RESOLVED that Resolution No. 10933, adopted on the 22nd day of January, 1951, providing for a maximum rate of $8.00 per day for extra help, be, and the same is hereby revoked. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of September, 1956. No. 12839. AN ORDINANCE to amend and reordain Section ~143, "Departmental Equipment and Improvements", of the 1956 Appropriation Ordinance, and providing for an emergency. ~HEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section #143, "Departmental Equipment and Improvements", of the 1956 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: DEPARTMENTAL EQUIPMENT AND IMPROVEMENTS ~143 Refuse Collection and Disposal - Purchase of Land .......... $28,150.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. 441 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The l?th day of September, 1956. No. 12840. AN ORDINANCE to amend and reordain Section =3, "Manager", of the 1956 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =3, "Manager", of the 1956 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: MANAGER =3 Salary, Extra Employees .................................... $ 600.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The l?th day of September, 1956. No. 12841. A RESOLUTION authorizing the committee appointed by Ordinance No. 12651 and continued by Resolution No. 12812 to correct inequities in the job classification and pay schedule plan and to allow increases to full values. WHEREAS, the Committee, appointed by Ordinance No. 12651 and continued by Resolution No. 12812 for the purpose of recommending, to this Council for its consideration, possible changes in the job classification and pay schedule plan concerning policies, job classifications and pay schedules, has informed this Council that it has discovered certain minor inequities in said plan which the committee may be unauthorized to correct. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the committee appointed by Ordinance No. 12651 and continued by paragraph 6 of Resolution No. 12812, for the period of one year, for the purpose of recommending, to this Council, for its consideration, possible changes in the job classification and pay schedule plan concerning policies, job classifications and pay schedules, be, and said committee is hereby, fully authorized to correct minor inequities in said plan and to allow increases to full value and top echelon salary range; provided that said committee shall not exceed the appropriation heretofore made by this Council to put said plan in effect; and, provided, further that this Resolution shall be ineffective after the 31st day of December, 1956. 442 IEPEALLD By IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of September, 1956. No. 12842. A RESOLUTION making certain changes in the job classification and pay schedule plan adopted by Resolution No. 12812. WHEREAS, the committee heretofore appointed by Ordinance No. 12651 and continued by Resolution No. 12812 has submitted its report, recommending certain changes in the job classification and pay schedule plan heretofore adopted by Resolution No. 12812, in which this Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the job classification and pay schedule plan adopted by Resolution No. 12812 be amended by making the following changes: GROUP ASSIGNMENTS (Clerical, Operational, Technical, Supervisory) VII - Add Chief Probation Officer. IX - Delete Chief Probation Officer. XII - Delete Lead Sign Painter XIII - Delete Incinerator Operator. GROUP ASSIGNMENTS -- HOURLY PAID JOBS 9 - Delete Disposal Dump Trucker. 8.- Delete Load Packer Driver. 7 - Add Load Packer Driver. 2 - Add Lead Sign Painter. pERSONAL JOBS B. DETAILED DISCUSSION AND RECOMMENDATIONS 3. a. Job: Superintendent of Detention Home. Change maximum salary from $2,200.00 per year to $2,220.00 per year. 7. a. Job: Parkkeeper. Change maximum salary from $2,800.00 per year to $2,820.00 APPROVED per year. 44,5 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The l?th day of September, 1956. No. 12843. AN ORDINANCE to amend and reordain Section ~3, "Manager", of the 1956 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~3, "Manager", of the 1956 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: MANAGER ~3 Advertising .............................................. $ 300.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of September, 1956. No. 12844. AN ORDINANCE authorizing the acceptance from American Bakeries Company, a corporation, of a conveyance of a strip of land on the north side of Salem Avenue, S. W.; and providing for an emergency. WHEREAS, American Bakeries Company, a corporation, has offered to convey unto the City a strip of land approximately 239.89 feet long on the north side of Salem Avenue, S. W., in the City of Roanoke, the easterly 149.89 feet thereof being slightly less than one foot in width and the remaining 90 feet thereof being something more than five feet in width, for street widening purposes, with the understanding that the City will, at its entire cost, promptly proceed to replace the existing curb and gutter, widen the pavement and construct a new five-foot sidewalk in front of the property from which the aforesaid strip is carved; setting the new curb back in line with the curb that now exists in front of the Bakery building; and WHEREAS, the City Manager and the City Engineer have each recommended the acceptance of such a conveyance upon the aforesaid conditions; and WHEREAS, for the usual daily operation of the Engineering Department, an emergency is hereby set forth and declared to exist; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 444 1. That the City Clerk be, and he is hereby, authorized to receive from American Bakeries Company, a corporation, or the lawful owner of the real estate hereinafter described, a deed, upon form approved by the City Attorney, conveying unto the City of Roanoke the following described real estate, to be used for street and municipal purposes and to admit said deed to record in the Office of the Clerk of the Hustings Court of the City of Roanoke, Virginia, viz: PARCEL NO. I BEGINNING at a point at the present northwest corner of Salem Avenue and 5th Street, S. ~.; thence leaving said beginning point and with the present north line of Salem Avenue, N. 82° 00' OO" ~. 149.89 feet to a point; thence N. 5° 30' 00" E. 0.984 feet to a point on the newly established north line of Salem Avenue; thence with same, S. 81° 57' 25" E. 149.85 feet to a point on the present west line of 5th Street; thence, with same, S. 5° 01' ~. O.871 feet to the place of BEGINNING and being a portion of Lot 14, Block 3, Official Survey S. ~. 7, and containing 140 square feet, more or less. PARCEL NO. II BEGINNING at a point on the present north line of Salem Avenue the following two courses and distances from the present northwest corner of Salem Avenue and 5th Street, S. ~.; i.e., N. 82° 00' ~. 149.89 feet; S. 5° 30' 00" ~. 5.001 feet; thence with the present north line of Salem Avenue, N.82° 00' 14" ~. 90.0 feet to a point; thence, N. '4© 53' 00" E. 6.062 feet to a point on the newly established north line of Salem Avenue; thence with same, S. 81° 57' 25" E. 90.068 feet to a point; thence, S. 5° 30' 00" ~. 5.985 feet to the place of BEGINNING and being a portion of Lots 12 and 13B, Block 3, Official Survey S. ~. 7, and containing 541.66 square feet, more or less. 2. That upon receipt of the aforementioned deed, properly executed, the City Manager be, and he is hereby, authorized and directed to cause the afore- mentioned improvements to be made; and 3. That an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Pre s lde~t ~~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of September, 1956. REPEALED )3~-~Z_~.~'~? No. 12845. AN ORDINANCE to amend and reordain Section 1 of Chapter 17 of the Code of the City of Roanoke, as heretofore amended, establishing the rate of and levying an annual tax upon all real estate and improvements thereon, upon all items of house- hold tangible personal property enumerated in Section 58-829 (9), (10), (11) and (12) of the 1950 Code of Virginia, upon all machinery and tools, including machinery and tools used in manufacturing and mining businesses, upon the tangible personal DroDerty of public service corporations except rolling stock of corporatio 44,5 WHEREAS, a twenty-one cent increase in the $2.50 tax rate provided for in Section 2, subsection (1), of the City Charter upon the classes of property hereinafter provided is necessary to provide for the payment of the principal and interest on outstanding non-revenue bonds of the City, issued as approved by the votes of the freeholders of the City; and WHEREAS, for the usual daily operation of the Municipal Government, an emergency is hereby declared to exist in order that this Ordinance may take effect upon its passage; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section 1 of Chapter 17 of the Code of the City of Roanoke, relating to the rate of annual tax on realty and personalty, as said section has heretofore been amended be, and said section is hereby, further amended and reordained to provide as follows: Sec. 1. Rate of tax on personalty and realty. Pursuant to Section 2, subsection (1), and Section 47 of the Charter of the City of Roanoke, and pursuant to the provisions of the general law, there shall be levied for the 1957 tax year, and annually thereafter until otherwise provided, upon all real estate and improvements thereon, upon all items of household tangible personal property enumerated in Section 58-829 (9), (10), (11) and (12) of the 1950 Code of Virginia, upon all machinery and tools, including machinery and tools used in manufacturing and mining businesses, upon personal property of public service corporations except rolling stock of corporations operating railroads by steam, and upon all other tangible personal property in the City, not exempt from taxation by law, a tax of $2.71 on every one hundred dollars of assessed value thereof, to provide revenue for the support of the City Government, the payment of principal and interest upon the City debt, the support of a public library, the payment of pensions to Confederate soldiers, sailors and marines and their widows, for school purposes and for other municipal expenses and purposes. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in full force and effect upon its passage. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of September, 1956. No. 12846. AN ORDINANCE to amend and reordain Section g99, "Garage", of the 1956 Appropriation Ordinance, and providing for an emergency. 446 WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section #99, "Garage", of the 1956 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: GARAGE ~99 Tires .................................................. $22,750.00 Utilities .............................................. 2,875.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of September, 1956. No. 12847. A RESOLUTION accepting the respective low bids received for furnishing the fuel oil requirements of the City of Roanoke for the period from October 1, 1956, through September 30, 1957; and authorizing and directing the Purchasing Agent to execute the requisite contracts. WHEREAS, bids have heretofore been received from interested suppliers for furnishing the fuel oil requirements of the City of Roanoke for the period from October 1, 1956, through September 30, 1957, all of which said bids were heretofore opened and publicly read in the office of the Purchasing Agent on September 14, 1956, and, thereafter, were reported to the Council of the City of Roanoke; and WHEREAS, it appears from a tabulation of said bids that the bid of Hunter, Dean and Cummings on No. 1 Fuel Oil and No. 2 Fuel Oil is the lowest and best) bid received therefor, and that the one bid of Fuel Oil and Equipment Company, Incorporated, on No. 6 Fuel Oil is the lowest and best bid received therefor, and this Council is of the opinion that the respective low bids of Hunter, Dean and Cummings and Fuel Oil and Equipment Company, Incorporated, should be accepted. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the proposal of Hunter, Dean and Cummings, Roanoke, Virginia, for furnishing the No. 1 and No. 2 fuel oil requirements of the City of Roanoke for the period from October 1, 1956, through September 30, 1957, at a price of .145¢ per gallon, net, delivered, for No. 1 Fuel Oil, and .135~ per gailqn, net, delivered, for No. 2 Fuel Oil, based on prevailing tank wagon price date of delivery, is hereby determined and declared to be the best bid therefor and the same is hereby accepted. 447 2. That the proposal of Fuel Oil and Equipment Company, Incorporated, Roanoke, Virginia, for furnishing the No. 6 fuel oil requirements of the City of Roanoke for the period from October l, 1956, through September 30, 1957, at a price of .1135¢ per gallon, net, delivered, based on prevailing tank wagon price date of delivery, is hereby determined and declared to be the best bid therefor and the same is hereby accepted. 3. That R. B. Moss, Purchasing Agent, be, and he is hereby authorized and directed, for and on behalf of the City of Roanoke, to execute the requisite contracts herein provided for. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of September, 1956. No. 12848. A RESOLUTION accepting the proposal of Draper Construction Company, Roanoke, Virginia, for the construction of sanitary sewer in Norfolk Avenue, S. W., from First Street to Third Street, in the total sum of $36,962.00; and authorizing and directing the City Manager to execute the requisite contract. WHEREAS, a committee composed of Mr. Harry R. Yates, City Auditor, Mr. John L. Wentworth, Director of Public Works, and Mr. H. Cletus Broyles, City Engineer, upon the request of the Council of the City of Roanoke, has tabulated bids heretofore received for the construction of sanitary sewer in Norfolk Avenue, S. W., from First Street to Third Street, and WHEREAS, it appears from said tabulation that the bid of Draper Construction Company, Roanoke, Virginia, in the total sum of $36,962.00, is the lowest and best bid received for the construction of the sanitary sewer, and WHEREAS, this Council is of the opinion that the proposal of Draper Construction Company should be accepted and that a contract for the project should be so awarded to said Company. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the bid of Draper Construction Company, Roanoke, Virginia, for the construction of sanitary sewer in Norfolk Avenue, S. W., from First Street to Third Street, is hereby determined and declared to be the best bid therefor; and that a contract for said project be forthwith executed in the sum of $36,962.00. 2. That Arthur S. Owens, City Manager, be, and he is hereby authorized and directed, for and on behalf of the City of Roanoke, to execute the contract herein provided for. 448 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of September, 1956. No. 12849. A RESOLUTION authorizing the City Manager to negotiate with the Department of Highways of the Commonwealth of Virginia for the making of requisite surveys and the development of plans for an adequate connecting link between the Second Street, S. E., t'erminus of the new viaduct and United States Route No. 220 to the south. WHEREAS, the Department of Highways of the.Commonwealth of Virginia has expressed a willingness to entertain an application from the City of Roanoke to make requisite surveys and the development of plans for an adequate connecting link between the Second Street, S. E., terminus of the new viaduct and United States Route No. 220 to the south; and WHEREAS, the City Manager, after a study of the Planning Commission's proposal for such a connecting link and conferences with the City Engineer and Director of Public Works, has recommended that he be authorized to negotiate with the Department of Highways of the Commonwealth of Virginia in the premises; in which recommendation this Council concurs; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be, and he is hereby, authorized and directed, for and on behalf of the City, to negotiate with the Department of Highways of the Commonwealth of Virginia for the making of requisite surveys and the development of plans for an adequate connecting link between the Second Street, S. E., terminus of'the new viaduct and United States Route No. 220 to the south; provided, however, that said City Manager shall incur no charges or expenses against the City, in the premises, without the prior approval of this Council. A P P R 0 V E D JClerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of September, 1956. No. 12850. A RESOLUTION ratifying and adopting "Amendment No. 1 to Grant Agreement for Project No. 9-44-012-506" as submitted by the United States of America, Administrator of Civil Aeronautics, under date of September 10, 1956; authorizing the City Manager to execute said Amendment No. 1; authorizing the City Clerk to attest such execution and to affix the City's seal thereto; and authorizing the City Attorney thereafter to execute the requisite certificates. WHEREAS, the Department of Commerce, Civil Aeronautics Administration,. has caused "Amendment No. 1 to Grant Agreement for Project No. 9-44-012-506" to 449 Amendment No. 1 be properly ratified, adopted and executed for and on behalf of the City of Roanoke; and WHEREAS, both the City Manager and the Manager of the Roanoke Municipal Airport (Woodrum Field) have recommended that said Amendment No. 1 be ratified and adopted and that the proper City officials be authorized to properly execute the same; in which recommendations this Council concurs; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the City of Roanoke doth hereby ratify and adopt "Amendment No. 1 to Grant Agreement for Project No. 9-44-012-506" as submitted by the United States of America, Administrator of Civil Aeronautics, under date of September 10, 1956, which said Amendment No. 1 is in the following words and figures, viz.: "AMENDMENT NO. 1 to GRANT AGREEMENT FOR PROJECT NO. 9-44-012-506 (Contract No. Clca 2873-A) Date of Amendment: September 10, 195 Roanoke Municipal Airport Roanoke, Virginia Project No. 9-44-012-506 WHEREAS, the Administrator of Civil Aeronautics (hereinafter called the 'Administrator'), has determined that in the interest of the United States, the Grant Agreement between the Administrator, acting for and on behalf of the United States, and the City of Roanoke, Virginia, (hereinafter called the 'Sponsor'), accepted by the Sponsor on June 23, 1955, should be amended as hereinafter provided: NOW, THEREFORE, WITNESSETH: That, in consideration of the benefits to accrue to the parties hereto, the Administrator, acting for and on behalf of the United States on the one part, and the Sponsor on the other part, do hereby mutually agree that the said Grant Agreement be and the same hereby is amended as follows: It is hereby understood and agreed that the project description appearing in the second ':Whereas'~ clause on page 1 of 3 pages of the Grant Agreement be and the same hereby is ~leted and the following description be and the same hereby is substituted in its place and stead: 'Land acquisition consisting of a fee simple title free and clear of all encumbrances deemed objectionable to the Administrator in and to Parcels 1 and 6 as outlined on Exhibit ~B" to Project Application, or such other property interest in and to said parcels as may be found satisfactory to the Administrator; taxiway reconstruction (the airport development to be accomplished, herein described, is in addition to that called for in Grant Agreements between Sponsor and United States for Project Nos. 9-44-012-801, 9-44-012-902, 9-44-012-103, 9-44-012-204, and 9-44-012-305).' IN WITNESS WHEREOF, The parties hereto have caused this Amendment to said Grant Agreement to be duly executed as of the day and year first above written. UNITED STATES OF AMERICA Administrator of Civil Aeronautics (SEAL) Attest: Title: City Clerk (Signed) Ora W. Youn~ Regional Administrator, Region I CITY OF ROANOKE, VIRGINIA By Title City Manager 45O CERTIFICATE OF SPONSOR'S ATTORNEY I, , acting as Attorney for the City of Roanoke, Virginia, (hereinafter called the 'Sponsor'), do hereby certify: That I have examined the foregoing Amendment to Grant Agreement and the proceedings taken by the Sponsor relating thereto and find that the execution thereof by the Sponsor is in all respects due and proper and in accordance with the laws of the Commonwealth of Virginia and further that, in my opinion, said Amendment to Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at Roanoke, Virginia this day of , 1956. Title City Attorney " 2. That the City Manager be, and he is hereby, authorized to execute the said Amendment No. 1, in the manner provided, as evidence of the City's acceptance thereof; that the City Clerk be, and he is hereby, authorized to attest such execution and to affix the City's seal thereto; and that the City Attorney thereafter be, and he is hereby, authorized to execute the requisite certificates. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of October, 1956. No. 12851. AN ORDINANCE to amend and reordain Section #31, "Juvenile Detention Home", of the 1956 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~31, "Juvenile Detention Homen, of the 1956 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: JUVENILE DETENTION HOME ~31 Utilities (2) .......................................... $ 1,900.00 (2) 100% reimbursed by State. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of October, 1956. No. 12852. A RESOLUTION authorizing the installation of street lights at various loca- tions in the City of Roanoke. BE IT RESOLVED by the Council of the City of Roanoke that the Appalachian Electric Power Company be, and it is hereby authorized to install the following street lights: GROUP VI One 2500 lumen overhead incandescent street light in the 2800 block of Westhampton Avenue, S. GROUP VII One 2500 lumen overhead incandescent street light on Fallon Avenue, S. E., between Twentieth Street and Twenty-first Street. GROUP VIII One 2500 lumen overhead incandescent street light at the corner of Shenandoah Avenue and Luckett Street, N. W. One 2500 lumen overhead incandescent street light at the corner of Golfside Avenue and Forest Park Boulevard, N. W. One 2500 lumen overhead incandescent street light at the corner of Guildhall Avenue and Florida Avenue, N. W. One 2500 lumen overhead incandescent street light at the corner of Grandview Avenue and Mart Street, N. W. One 2500 lumen overhead incandescent street light at the corner of Winsloe Drive and Birchlawn Avenue, N. W. Said lights to be maintained under the contract existing between the Appalachian Electric Power Company and the City of Roanoke. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of October, 1956. No. 12853. AN ORDINANCE to amend and reordain Section ~31, "Juvenile Detention Home", of the 1956 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =31, "Juvenile Detention Home", of the 1956 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: JUVENILE DETENTION HOME ~31 Capital Outlay 4.52 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of October, 1956. No. 12854. AN ORDINANCE to amend and reordain Section ~88, "Airport", of the 1956 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section g88, "Airport", of the 1956 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: AIRPORT ~88 Gasoline and Oil for Resale ............................. $ 53,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of October, 1956. No. 12855. AN ORDINANCE to amend and reordain Section g154, "Refunds and Rebates", of the 1956 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~154, "Refunds and Rebates", of the 1956 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: REFUNDS AND REBATES ~154 Taxes .................................................. $ 2,200.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from' its passage. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of October, 1956. No. 12856. AN ORDINANCE to amend and reordain Section 5, of Chapter 21, of the Code of the City of Roanoke, as amended, in relation to bonds of public depositories. BE IT ORDAINED by the Council of the City of Roanoke that Section 5, of Chapter 21, of the Code of the City of Roanoke, as amended, be amended and reordained to read as follows: SEC. 5. BONDS OF DEPOSITORY. No moneys, either current or time deposit funds, shall be deposited in any of said banks until such depository shall have deposited with the treasurer of the city as indemnity against loss, by reason of failure of any such depository, bonds of the United States government, State of Virginia, or any city of the first class within the State of Virginia having a current market value of one hundred and five per centum of the total amount of money of the city on deposit with such depository; provided, however, that in accordance with the provisions of Section 37 of the Charter of the City of Roanoke, as amended, the said City Treasurer may permit securities pledge~ by the depositories of City funds to be held in custody by the Federal Reserve Bank of Richmond, Virginia, in accordance with any operating circular or circulars of such bank. Any of said banks, however, may, in lieu of making deposit of such bonds, execute a bond with a guaranty or surety company, authorized to do business in this State, as surety, in the penalty of at least one hundred and five per centum of the total amount of money of the city on deposit with such depository, with the condition that such bank will faithfully account for and pay over, when and as required, whatever amount may be on deposit in said bank to the credit of the city, and shall indemnify the city against any loss that may be incurred by reason of the failure of any such bank to return the funds of the city, as and when the same may be demanded. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of October, 1956. No. 12857. AN ORDINANCE amending Ordinance No. 12503 by deleting therefrom the authorization therein to the City Manager to proceed to accomplish the installation of a steel pedestrian bridge over Roanoke River. 454 WHEREAS, agreeable to the authorization contained in Ordinance No. 12503 to the City Manager to proceed to accomplish the installation of a steel pedestrian bridge over Roanoke River connecting the stadium and athletic grounds to South Roanoke Park, with necessary appurtenances, at a cost not to exceed $11,000.00, the said City Manager, on two occasions, publicly advertised for bids for such installation; and WHEREAS, on both occasions each bid received for such installation far exceeded the last-mentioned sum heretofore authorized therefor; and WHEREAS, the Committee appointed to tabulate the bids for the installation of such bridge, opened before Council on September 17, 1956, recommended that all bids be rejected and that Ordinance No. 12503 be amended by deleting therefrom the construction or installation of such a pedestrian bridge; in which recommenda- tion this Council concurs; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: (1) That Ordinance No. 12503, adopted by this Council on the 26th day of September, 1955, be, and the same is hereby, amended in the following respects only, viz.: That the first needed public improvement at Roanoke Municipal Stadium and Athletic Field therein authorized and described as follows, viz.: "1. Installation of steel bridge, donated by the Norfolk and Western Railway Company, or an alternate bridge approved by the Council of the City of Roanoke, over Roanoke River connecting the stadium and athletic grounds to South Roanoke Park, with necessary. appurtenances.thereto ............ cost, $11,000.00" be, and the same is hereby, deleted. BE IT FURTHER ORDAINED that in all other aspects the aforesaid Ordinance No. 12503 shall remain in full force and effect. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of October, 1956. No. 12858. AN ORDINANCE to amend and reordain Section ~83, "Bridge Repair", of the 1956 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~83, "Bridge Repair", of the 1956 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: 455 BRIDGE REPAIR ~83 Contractors ............................................ $ 6,000.00 Materials and Supplies ................................. 9,500.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of October, 1956. No. 12859. AN ORDINANCE to amend and reordain Section ~87, "Maintenance of City Property", of the 1956 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of 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, "Maintenance of City Property", of the 1956 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: MAINTENANCE OF CITY PROPERTY ~87 Materials .............................................. $ 1,139.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of October, 1956. No. 12860. AN ORDINANCE to amend and reordain Section g8, "Tr'easurer" of the 1956 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of 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 1956 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: 45 , TREASURER ~8 3 Typewriting Bookkeeping Machines with additional Form Bars (2) .............................. DELETED 1 Accounting Addressograph Machine with Supplies, Plates, and Cabinets (2) .................... DELETED 4 Accounting Machines (2) ............................... $ 11,900.00 (2) One-third reimbursed by State. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of October, 1956. No. 12861. A RESOLUTION rejecting all proposals for the construction of a pedestrian bridge over Roanoke River connecting South Roanoke Park and Maher Field. WHEREAS, agreeable to proper advertisements for bids for the construction of a pedestrian bridge over Roanoke River connecting South Roanoke Park and Maher Field, four (4) bids were opened before this Council on September 17, 1956, for the construction of such bridge; and WHEREAS, this Council appointed a committee composed of Councilmen Davies and Carter and City Engineer Broyles to tabulate the four (4) bids received and to make recommendations in the premises; and WHEREAS, the lowest proposal received being far in excess of the appropriation therefor, the aforesaid committee submitted a written report recommending that all bids be rejected, in which recommendation this Council concurs; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that all proposals for the construction of a pedestrian bridge over Roanoke River connecting South Roanoke Park and Maher Field, opened before this Council on September 17, 1956, be, and all of said proposals are hereby, rejected. APPROVED 457 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of October, 1956. No. 12864. AN ORDINANCE to amend and reordain Section =31, "JuvenPle Detention Home", of the 1956 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =31, "Juvenile Detention Home", of the 1956 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: JUVENILE DETENTION HOME =31 Supplies (2) ............................................ $ 3,335.00 (2) 100% reimbursed by State. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED , / IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of October, 1956. No. 12865. AN ORDINANCE to amend and reordain Section =5, "Commissioner of Revenue", of the 1956 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =5, "Commissioner of Revenue", of the 1956 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: COMMISSIONER OF REVENUE =5 Stationery and Office Supplies ........................... $ 4,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED 458 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of October, 1956. No. 12866. 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 Electric Power Company be, and it is hereby authorized to install the following street lights: GROUP IX One 2500 lumen overhead incandescent street light at 2916 Yellow Mountain Road, S. E. GROUP X One 2500 lumen overhead incandescent street light at the corner of Wentworth Avenue and Montague Street, N. E. One 2500 lumen overhead incandescent street light on Avendale Avenue, N. E., between Williamson Road and Midland Street. One 6000 lumen overhead incandescent street light on the south side of Wells Avenue, N. E., approximately 150 feet east of Commonwealth Avenue (Pole No. 254-6634). GROUP XI One 2500 lumen overhead incandescent street light at the corner of Pasley Avenue and Bannister Street, S. W. One 2500 lumen overhead incandescent street light at the corner of Bannister Street and Heywood Avenue, S. W. One 2500 lumen overhead incandescent street light at the corner of Heywood Avenue and Pasley Avenue, S. W. GROUP XII One 2500 lumen overhead incandescent street light at the corner of Virginia Avenue and Adams Street, N. W. One 2500 lumen overhead incandescent street light at the corner of Kirkland Drive and Fairland Road, N. W. One 2500 lumen overhead incandescent street light at the corner of Alview Avenue and Eleventh Street, N. W. One 2500 lumen overhead incandescent street light at the corner of Birchlawn Avenue and Lanford Street, N. W. One 2500 lumen overhead incandescent street light at the corner of Troy Avenue and McAfee Street, N. ~. Said lights to be maintained under the contract existing between the Appalachian Electric Power Company and the City of Roanoke. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of October, 1956. No. 12867. AN fIRDTNANCE tn amend and reordain Section ~88. "Airnort" of the 1956 WHEREAS, for the usual daily operation of the Municipal Government of 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, "Airport", of the 1956 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: AIRPORT Construction of Gift Shop ............................... $ 1,700.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of October, 1956. No. 12868. AN ORDINANCE concurring in the report of the Committee heretofore appointed to study the advisability of the City's acquiring the WDBJ studio building and adjoining real estate, located on the south side of Kirk Avenue, from the Times- World Corporation for use as an office and headquarters for the Water Department; directing the proper City Officials to do the necessary; appropriating the money to pay the cost thereof; and providing for an emergency. WHEREAS, Times-World Corporation, the owner of the WDBJ studio building and adjoining real estate, situate on the south side of Kirk Avenue east of Second Street, S. W., has offered to sell all of said properties to the City of Roanoke for $100,000.00 cash; and WHEREAS, this Council, realizing that the City was in need of an office and headquarters for its Water Department and thinking, perhaps, that the above- mentioned property might prove suitable and its acquisition advisable for such purposes, agreeable to a previous recommendation of the City Manager, on October 1, 1956, appointed a Committee consisting of Mayor Young, Chairman, Councilman Davies, Messrs. Owens, Wentworth, and Ruston to study the proposal and, thereafter, report to this Council with its recommendations; and WHEREAS, under date of October 8, 1956, said Committee made its written report and therein recommended, inter alia, that the offer of the Times-World Corporation to sell to the City its WDBJ studio building and all adjoining real estate for a cash consideration of $100,000.00 be accepted; in which recommendation this Council concurs; and WHEREAS, for the usual daily operation of the Water Department, a Departmen of the City of Roanoke, an emergency is set forth and declared to exist; 466 By No,J follows: THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as 1. That the offer of the Times-World Corporation to sell and convey unto the City of Roanoke all its real estate situate on the south side of Kirk Avenue east of Second Street, S. W., and recently used by said Corporation as its WDBJ studio building and for parking purposes, for $100,000.00 cash, be, and said offer is hereby, accepted. 2. That the City Attorney be, and he is hereby, directed to examine the title to the above-mentioned real estate and, upon his certification to the City Auditor that he has been tendered a properly executed deed of bargain and sale conveying the aforesaid real estate unto the City of Roanoke with covenants of general warranty and modern english, that the City Auditor be, and he is 'hereby, directed to deliver unto the City Attorney a proper warrant in the amount of $100,000.00 (plus or minus any tax adjustments) to be delivered unto the grantor in exchange for such deed. 3. That there be, and there is hereby, appropriated from the Water Replacement Reserve Fund to Capital Replacements $100,000.00 to be expended as hereinabove contemplated for the acquisition of said real estate. That, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED P~esident / IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of October, 1956. No. 12871. A RESOLUTION authorizing the City Manager, for and on behalf of the City, to enter into a contract with the Commonwealth of Virginia-Department of Highways for the maintenance of City-Line bridges. WHEREAS, the Commonwealth of Virginia-Department of Highways has suggested that the City and said Department enter into a written agreement pursuant to the terms of which the said Department would maintain all City-Line bridges and bill the City from time to time for 50% of the costs thereof; and WHEREAS, the City Manager, concurring in the said Department's suggestion, requested the City Attorney to prepare such a contract, which contract was, this day, read before and approved by this Council; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be, and he is hereby, authorized to execute, for and on behalf of the City of Roanoke, the contract, prepared by the City Attorney and this day approved by this Council (a copy of which is on file in the Office of the City Clerk), between the Commonwealth of Virginia-Department of Highways and the City of Roanoke with reference to the maintenance of City-Line bridges. AT C leZ~k APPROVED Pr~'sident ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of October, 1956. No. 12872. A RESOLUTION authorizing the City Manager to take certain actions to promote the Federal-Urban Interstate Highway Program. WHEREAS, final congressional approval, this past summer, of the Federal Aid Highway Act of 1956 authorizes, inter alia, the construction of an approximately 41,000 mile Interstate System connecting the City of Roanoke with some 90% of all United States cities of over 50,000 population; and WHEREAS, in this connection, it is proposed to build a spur or connecting road from the City to the proposed Federal Interstate System passing to the north; it being presently contemplated that the cost of that portion of such connecting road within the City of Roanoke will be borne 90% by Federal Government, 5% by the Commonwealth of Virginia, and 5% by the City of Roanoke; and WHEREAS, the City Manager has recommended that he be authorized to take certain actions to promote said Federal-Urban Interstate Highway Program and, especially, the prompt location and timely construction of the aforementioned spur or connecting road; in which recommendation this Council concurs; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be, and he is hereby, authorized to co-operate with both the Federal and State Governments in causing the requisite surveys and studies to be made to determine the proper location of the spur or connecting road from the City of Roanoke to the proposed Federal Interstate System passing to the north and to work with the Federal and State authorities in an effort to culminate the project as soon as possible; provided, however, that the City Manager shall incur no financial obligations in the premises without the prior authorization of this Council. APPROVED Pre s 462 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of October, 1956. No. 12862. AN ORDINANCE to amend and reenact Article I, Section 1, of Chapter 51 of the Code of the City of Roanoke, Virginia, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have property known as Lots 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, and 36, Section A, Map of Williamson Groves, and Lots 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 37, and 38, Section B, Map of Williamson Groves, and a parcel of land described as follows, to-wit: Beginning at a point at the southwest corner of the intersection of Wayne Street, N. E., with Wilkins Street, N. E., thence with the westerly line of Wilkins Street, N. 12° 40' W. 352.3 feet to a point; thence N. 57° 33 1/2' W. 70.84 feet to a point on the southerly line of Sycamore Avenue; thence with the same S. 77° 33' W. 150 feet to a point; thence S. 20° 34' E. 363.6 feet to a point; thence S. 77° 00' E. 99.06 feet to a point; thence N. 77° 20' E. 60.72 feet to the place of Beginning, rezoned from General Residence District to Business District; and WHEREAS, the City Planning Commission has recommended that the above parcels of land be rezoned from General Residence District to Business District as requested; and WHEREAS, notice required by Article XI, Section 43, of Chapter 51 of the Code of the City of Roanoke, Virginia, relating to Zoning, has been published in "The Roanoke World-News", a newspaper published in the City of Roanoke, for the time required by said section; and WHEREAS, the hearing as provided for in said notice published in the said newspaper was held on the lSth day of October, 1956, at 2:00 o'clock, p. m., before the Council of the City of Roanoke in the Council Chamber in the Municipal Building, at which hearing property owners and other interested parties in the affected area 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 above parcels of land should be rezoned as requested. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Article I, Section 1, of. Chapter 51 of the Code of the City of Roanoke, Virginia, relating to Zoning, be amended and reenacted in the following particular and no other, viz: Property located on Sycamore Avenue, N. E., described as Lots 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, and 36, Section A, Map of Williamson Groves, and Lots 13, 14, 15, 16, 17, 18, 19, 20, 21, 22,,23, 24, 37, and 38, Section B, Map of Williamson Groves, and a parcel of land described as follows, to-wit: Beginning at a point at the southwest corner of intersection of Wayne Street, N. E. with Wilkins Street, N. E., thence with the westerly line of Wilkins Street, N. 12° 40' W. 352.3 feet to a point; thence N. 57° 33-1/2' W. 70.84 feet to a 463 point on the southerly line of Sycamore Avenue; thence with the same S. 77° 33' W. 150 feet to a point; thence S. 20° 34' E. 363.6 feet to a point; thence S. 77° 00' E. 99.06 feet to a point; thence N. 77o 20' E. 60.72 feet to the place of Beginning, designated on Sheet 307 of the Zoning Map as Official Nos. 3070413, 3070414, 3070415, 3070416, 3070417, 3070418, 3070243, 3070244, 3070245, 3070246, 3070247, 3070248, 3070255, 3070256, and Part 3070316, respectively, be, and is hereby changed from General Residence District to Business District and the Zoning Map shall be changed in this respect. APPROVED T ST: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of October, 1956. No. 12863. AN ORDINANCE to amend and reenact Article I, Section 1, of Chapter 51 of the Code of the City of Roanoke, Virginia, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have property described as Lots 7, 8, 9 and 10, Oak View Heights, located in the 3600 Block of Shenandoah Avenue, N. W., rezoned from General Residence District to Business District; and WHEREAS, the City Planning Commission has recommended that the above parcels of land be rezoned from General Residence District to Business District as requested; and WHEREAS, notice required by Article XI, Section 43, of Chapter 51 of the Code of the City of Roanoke, Virginia, relating to Zoning, has been published in "The Roanoke World-News", a newspaper published in the City of Roanoke, for the time required by said section; and WHEREAS, the hearing as provided for in said notice published in the said newspaper was held on the 15th day of October, 1956, at 2:00 o'clock, P. M., before the Council of the City of Roanoke in the Council Chamber in the Municipal Building, at which hearing property owners and other interested parties in the affected area 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 above parcels of land should be rezoned as requested. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Article I, Section 1, of Chapter 51 of the Code of the City of Roanoke, Virginia, relating to Zoning, be amended and reenacted in the following particular and no other, viz: 464 Property located in the 3600 block of Shenandoah Avenue, N. W., described as Lots 7, 8, 9 and 10, Oak View Heights, designated on'Sheet 273 of the Zoning Map as Official Nos. 2730222, 2730223, 2730224 and 2730225 be, and is hereby changed from General Residence District to Business District and the Zoning Map shall be changed in this respect. APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of October, 1956. No. 12869. AN ORDINANCE providing for the acquisition of a portion of Lot 22, Block 11, Idlewild Park. WHEREAS, Norman H. Croxford, et ux., have agreed to convey unto the City of Roanoke 420 square feet, more or less, and, also', a 15-foot wide slope easement off the front of Lot 22, Block 11, Idlewild Park, for $50.00 cash for the purpose of improving Vinton (Mill) Road; and WHEREAS, the Planning Commission has recommended that Vinton (Mill) Road be improved at this point and, accordingly, the City Manager has recommended that the aforesaid offer be accepted; in which recommendations this Council concurs; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the offer of Norman H. Croxford, et ux., to convey unto the City of Roanoke approximately 420 square feet and also a 15-foot wide slope easement off the front of Lot 22, Block 11, Idlewild Park (as shown on Plan No. 4196, revised in the Office of the City Engineer under date of August 14, 1956) for $50.00 be, and said offer is hereby, accepted. 2. That the City Attorney be, and he is hereby, directed to examine the title to the above-mentioned real estate and, if it be determined that Norman H. Croxford, et ux., can lawfully convey a fee simple title to said real estate unto the City, to prepare a requisite deed conveying said real estate unto the City and deliver the same to Norman H. Croxford, et ux., for proper execution. 3. That, upon the City Attorney certifying to the City Auditor that he has been tendered a properly executed deed of bargain and sale conveying the aforesaid real estate unto the City of Roanoke, that the City Auditor be, and he is hereby, directed to deliver unto the City Attorney a proper warrant in the amount of $50.00 (plus or minus any tax adjustments) drawn against the Street Construction-Right of Way Account to be delivered into the grantors in exchange for such deed. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of October, 1956. No. 12870. AN ORDINANCE providing for the acquisition of a portion of Lot 23, Block 11, Idlewild Park. WHEREAS, J. S. and S. A. Barbour, Agents, for the heirs of J. F. Barbour, deceased, have agreed to convey unto the City of Roanoke 2120 square feet, more or less, and, also, a 15-foot wide slope easement off the front of Lot 23, Block 11, Idlewild Park, for $275.00 cash for the purpose of improving Vinton (Mill) Road; and WHEREAS, the Planning Commission has recommended that Vinton (Mill) Road be improved at this point and, accordingly, the City Manager has recommended that the aforesaid offer be accepted; in which recommendations this Council concurs; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the offer of John S. and S. A. Barbour, Agents, for the heirs of J. F. Barbour, deceased, to convey unto the City of Roanoke approximately 2120 square feet and also a 15-foot wide slope easement off the front of Lot 23, Block 11, Idlewild Park (as shown on Plan No. 4196, revised in the Office of the City Engineer under date of August 14, 1956) for $275.00 be, and said offer is hereby, accepted. 2. That the City Attorney be, and he is hereby, directed to examine the title to the above-mentioned real estate and, if 'it be determined that the heirs of J. F. Barbour, deceased, can lawfully convey a fee simple title to said real estate unto the City, to prepare a requisite deed conveying said real estate unto the City and deliver the same to John S. and S. A. Barbour for proper execution. 3. That, upon the City Attorney certifying to the City Auditor that he has been tendered a properly executed deed of bargain and sale conveying the aforesaid real estate unto the City of Roanoke, that the City Auditor be, and he is hereby, directed to deliver unto the City Attorney a proper warrant in the amount of $275.00 (plus or minus any tax adjustments) drawn against the Street Construction-Right of Way Account to be delivered unto the grantors in exchange for such deed. APPROVED Cle~'k President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 22nd day of October, 1956. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section g132, "Electoral Board", of the 1956 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: ELECTORAL BOARD g132 Compensation, Judges and Clerks ......................... $12,750.00 Salary, Extra Employees ................................. 2,030.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of October, 1956. No. 12876. AN ORDINANCE repealing an Ordinance adopted by the Council of the City of Roanoke on the 27th day of August, 1956, No. 12810, entitled, "An Ordinance authorizing the sale and conveyance of Lot 23, Block 43, according to the Map of West End and Riverview, to O. W. Gills and Robert W. Putnam upon certain terms and provisions" and providing for an emergency WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that an Ordinance adopted by the Council of the City of Roanoke on the 27th day of August, 1956, No. 12810, entitled, "An Ordinance authorizing the sale and conveyance of Lot 23, Block 43, according to the Map of West End and Riverview, to O. W. Gills and Robert W. Putnam upon certain terms and provisions", be, and the same is hereby repealed. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from ita passage. Cle,Ik APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of October, 1956, No. 12877. WItEREAS, a Committee, heretofore appointed by this Council to study and make recommendations regarding the petition of Charles A. Hubbard, the operator of the Roanoke-Starkey (intercity) Bus Line, to take on and, also, to discharge passengers within the City over the route which he presently operates, has recommended in writing, inter alia, that Ordinance No. 12774 be presently repealed and, possibly, subsequently reconsidered; in which recommendation this Council concurs; and WHEREAS, for the usual daily operation of the Police Department of the City, an emergency is set forth and declared to exist; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Ordinance No. 12774, adopted by the Council of the City of Roanoke on the 16th day of July, 1956, be, and said Ordinance is hereby, repealed. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of October, 1956. No. 12873. AN ORDINANCE to amend and reenact Article I, Section 1, of Chapter 51 of the Code of the City of Roanoke, Virginia, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have property shown on Hedgelawn Map, Block 1, as Lot 1 (Official No. 2161024); Lot 2 (Official No. 2161023); Lot 3 (Official No. 2161022); Lot 4 (Official No. 2161021); Lot 5 (Official No. 21(1020); Lot 6 (Official No. 2161019); Lot 7 (Official No. 2161018); Lot 8 (Official No. 2161018); Lot 9-A (Official No. 2161017); Lot 9-B (Official No. 2161017); Lot 10 (Official No. 2161016); Lot 11 (Official No. 2161015); Lot 12 (Official No. 2161014); and Lot 13 (Official No. 2161013) rezoned from Special Residence District to Business District; and WHEREAS, the City Planning Commission has recommended that the abo~e parcel of land be rezoned from Special Residence District to Business District as requested; and WHEREAS, notice required by Article XI, Section 43, of Chapter 51 of the Code of the City of Roanoke, Virginia, relating to Zoning, has been published in "The Roanoke World-News", a newspaper published in the City of Roanoke, for the time required by said section; and WHEREAS, the hearing as provided for in said notice published in the said newspaper was held on the 22nd day of October, 1956, at 2:00 o'clock, p. m., before the Council of the City of Roanoke in the Council Chamber in the Municipal 468 WHEREAS, this Council, after considering the evidence presented, is of the opinion that the above parcel of land should be rezoned as requested. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Article I, Section 1, of Chapter 51 of the Code of the City of Roanoke, Virginia, relating to Zoning, be amended and reenacted in the following particular and no other, viz: Property located on the westerly side of Williamson Road, Roanoke City, Virginia, described as Lots 1, 2, 3, 4, 5, 6, 7, 8, 9-A, 9~B, 10, 11, 12 and 13, Block 1, Map of Hedgelawn, designated on Sheet 216 of the Zoning Map as Official Nos. 2161024, 2161023, 2161022, 2161021, 2161020, 2161019, 2161018, 2161018, 2161017, 2161017, 2161016, 2161015, 2161014, and 2161013, be, and is hereby changed from Special Residence District to Business District and the Zoning Map shall be. changed in this respect. Clerk APPROVED Vice President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of October, 1956. No. 12874. AN ORDINANCE to amend and reenact Article I, Section 1, of Chapter 51 of the Code of the City of Roanoke, Virginia, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have property located on the northwest corner of Patterson Avenue and Tenth Street, S. W., described as Lots 1, 2 and 3, Block 25, Ferdinand Rorer Map, rezoned from Special Residence District to Business District; and WHEREAS, the City Planning Commission has recommended that the above parcel of land be rezoned from Special Residence District to Business District as requested; and WHEREAS, notice required by Article XI, Section 43, of Chapter 51 of the Code of the City of Roanoke, Virginia, relating to Zoning, has been published in "The Roanoke World-News", a newspaper published in the City of Roanoke, for the time required by said section; and WHEREAS, the hearing as provided for in said notice published in the said newspaper w~ held on the 22nd day of October, 1956, at 2:00 o'clock, p. m., before the Council of the City of Roanoke in the Council Chamber in the Municipal Building, at which hearing property owners and other interested parties in the affected area 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 above parcel of land should be rezoned as requested. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that relating to Zoning, be amended and reenacted in the following particular and no other, viz: Property located on the northwest corner of Patterson Avenue and Tenth Street, S. W., described as Lots 1, 2 and 3, Block 25, Ferdinand Rorer Map, designated on Sheet 111 of the Zoning Map as Official Nos. 1112013 and ll12014,.be, and is hereby changed from Special Residence District to Business District and the Zoning Map shall be changed in this respect. APPROVED Vice President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of October, 1956. No. 12878. AN ORDINANCE vacating, discontinuing and closing a certain mapped, but undeveloped, portion of Speedwell Avenue, N. W., approximately 175 feet in length from the south line of Churchill Drive, N. W., to a 10-foot undeveloped alley in Block 7, Dorchester Court, City of Roanoke, Virginia. WHEREAS, Hans C. Lund has heretofore filed his petition before Council in accordance with law in which said petition said Hans C. Lund requested Council to permanently vacate, discontinue and close the hereinafter described street, t o the filing of which said petition due notice was given to the public as required by law; and WHEREAS, in accordance with the prayer of said petition viewers were appointed by Council to view the property and report in writing whether in their opinion any inconvenience would result from permanently vacating, discontinuing and closing the hereinafter described street; and WHEREAS, it appears from the report in writing filed by said viewers in this proceeding (filed with the City Clerk, together with the affidavit of said viewers on the 15th day of October, 1956), that no inconvenience would result, either to any individual or to the public from permanently vacating, discontinuing and closing said street; and WHEREAS, it further appears to Council that the said petitioner has agreed to bear and defray the costs and expenses incident to this proceeding. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that a certain mapped, but undeveloped, portion of Speedwell Avenue, N. W., approximately 175 feet in length from the south line of Churchill Drive, N. W., to a 10-foot undeveloped alMy in Block 7, Dorchester Court, City of Roanoke, Virginia, be, and the same is hereby permanently vacated, discontinued and closed; and that all right, title and interest of the City of Roanoke and the public in and to said street described herein are hereby released insofar as the Council is empowered so 476 in the said street for sewer lines and water mains and the right of ingress and egress for the maintenance, repair and construction of any property now or hereafter used for such easement. BE IT FURTHER ORDAINED that the City Engineer be, and he is hereby directed to mark "Permanently Vacated, Discontinued and Closed~ that certain mapped, but undeveloped, portion of Speedwell Avenue, N. W., approximately 175 feet in length from the south line of Churchill Drive, N. W., to a 10-foot undeveloped alley in Block 7, Dorchester Court, City of Roanoke, Virginia, on all maps and plats on file in the office of the City Engineer of the City of Roanoke, on which said maps and plats said street is shown, referring to the book and page of Resolutions and Ordinances of the Council of the City of Roanoke wherein this Ordinance shall be spread. BE IT FURTHER ORDAINED that the Clerk of this Council deliver to the Clerk of the Hustings Court for the City of Roanoke, Virginia, a copy of this Ordinance in order that said Clerk may make proper notation on all maps or plats recorded in his said office upon which are shown the said street herein permanently vacated, discontinued and closed as provided by law. APPROVED Vice President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of October, 1956. No. 12879. AN ORDINANCE authorizing the conveyance of a strip of land situate on the west side of Ross Lane, S. W., to T. M. Blair, et al. WHEREAS, T. M. Blair and A. N. Cook have offered to purchase from the City a strip of land containing approximately 0.13 acre situate on the west side of Ross Lane, S. ~., for °$200.00 net cash; and WHEREAS, both the Planning Commission and the City Manager have recommended that said offer be accepted; in which recommendation this Council concurs; 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 execute a deed conveying unto T. M. Blair and A. N. Cook, with special warranty covenant, that certain strip or parcel of land containing approximately 0.13 acre situate on the west side of Ross Land, S. W., as shown in detail on a plat of survey prepared by C. B. Malcolm, Virginia State Certified Engineer, under date of October il, 1956, and presently on file in the Office of the City Clerk, and to deliver said deed unto the grantees named therein upon receipt of the $200.00 net consideration; said deed reserving, however, unto the City the right, at such time in the future as it may elect, to go upon said real estate and to cause 471. so much thereof to be sloped to such grade or grades as, in the sole judgment of the Director of Public Works, will prevent erosion and afford beauty and symmetry to that portion of Ross Land contiguous thereto, and providing further therein that, after said real estate shall have been so graded, neither the grantees, their heirs nor assigns may increase such established grade without the written consent of the City. ATTEST: APPROVED Vice President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of October, 1956. No. 12880. AN ORDINANCE authorizing the trustees of the Northminster Presbyterian Church to take and hold all of Block I, according to Map No. 3 of Round Hill Terrace, in the City of Roanoke, for certain purposes. WHEREAS, the trustees of the Northminster Presbyterian Church, a religious congregation in the City of Roanoke, have petitioned the Council for authority to acquire certain land situate in the City of Roanoke known as Block I, according to Map No. 3 of Round Hill Terrace, which contains 4.137 acres, the said land, when so acquired, to be devoted exclusively to the religious uses provided for in Section 57-12 of the 1950 Code of Virginia, as amended; and ;qHEREAS, the said trustees now hold Lots 1, 2, 3, 14 and 15, Block 5, Connistone Map, containing 0.837 acre of land, upon which said congregation's prese church is located which they propose to later sell and, in addition, hold Lot 9, Block 4, Connistone Map, containing 0.173 acre which they intend to keep as a manse for their minister; and WHEREAS, Council deems the aforesaid request reasonable and is willing to grant the same upon the condition hereinafter provided; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the trustees of the Northminster Presbyterian Church, a religious congregation in the City of Roanoke, be, and they are hereby, authorized to take and hold in said City, all of Block I, according to Map No. 3 of Round Hill Terrace, in said City, containing 4.137 acres, if said property to be acquired is to be devoted exclusively, and is subsequently so devoted, to a church building, chapel, offices exclusively used for administrative purposes of the church, a Sunday school building and playgrounds therefor, and/or parking for the convenience of those attending any of the foregoing. But nothing herein contained is intended to require the said trustees to dispose of the property they now hold as a manse. APPROVED 472 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of October, 1956. No. 12881. A RESOLUTION authorizing the installation of twenty-four 21000 lumen overhead mercury vapor street lights, the removal of nine existing 2500 lumen overhead incandescent street lights and the removal of two existing 6000 lumen overhead incandescent street lights on Second Street, N. E., between Commonwealth Avenue and Orange AvenUe. BE IT RESOLVED by the Council of the City of Roanoke that the Appalachian Electric Power Company be, and it is hereby authorized to install twenty-four 21000 lumen overhead mercury vapor street lights on Second Street, N. E., between Commonwealth Avenue and Orange Avenue, at the following locations: West side, 80 feet north of Commonwealth Avenue. East side, 60 feet north of Commonwealth Avenue. West side, at southwest corner of Patton Avenue. East side, at northeast corner of Patton Avenue. West side, 120 feet north of Patton Avenue. East side, 170 feet north of Patton Avenue. West side, 305 feet north of Patton Avenue. East side, 350 feet north of Patton Avenue. West side, 320 feet south of Walker Avenue. East side, 180 feet south of Walker Avenue. West side, 120 feet south of Walker Avenue. East side, at southeast corner of Walker Avenue. West side, at northwest corner of Walker Avenue. East side, 130feet north of Walker Avenue. West side, at southwest corner of Gregory Avenue. East side West side East side West side East side West side East,side West side East side 310 feet north of Walker Avenue. 150 feet north of Gregory Avenue. 500 feet north of Walker Avenue. 140 feet north of Gainsboro Road. 320 feet south of Orange Avenue. at northwest corner of Chestnut Avenue. 130 feet south of Orange Avenue. 50 feet south of Orange Avenue. at Orange Avenue. Said lights to be maintained under the contract existing between the Appalachian Electric Power Company and the City of Roanoke. BE IT FURTHER RESOLVED that the Appalachian Electric Power Company be, and it is hereby authorized to remove nine existing 2500 lumen overhead incandescent street lights on Second Street, N. E., at the following locations: West side West side West side West side East side West side West side East side West side at Patton Avenue. between Patton Avenue and Harrison Avenue. at Rutherford Avenue. at Walker Avenue. at Walker Avenue. at Gregory Avenue. at Gainsboro Road. at Raleigh Avenue. on Raleigh Avenue. BE IT FURTHER RESOLVED that the Appalachian Electric Power Company be, and it is hereby authorized to remove two existing 6000 lumen overhead incandescent street lights on Second Street, N. E., at the following locations: East side, at Orange Avenue. West side, at Orange Avenue. APPROVED Vice President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of October, 1956. 47 ,_5 No. 12882. AN ORDINANCE to amend and reordain Section =51, "Physician", of the 1956 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~51, "Physician", of the 1956 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: PHYSICIAN =51 Salary, Pharmacist (Contract) ........................... $ 2,400.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be retroactive to and in effect from January 1, 1956. Clerk APPROVED Vice President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of October, 1956. No. 12883. AN ORDINANCE to amend and reordain "Non-Operating Expense" of an Ordinance adopted by the Council of the City of Roanoke, Virginia, on the 16th day of January, 1956, No. 12636, entitled, "An Ordinance making appropriations from the Water General Fund and the Water Replacement Reserve Fund for the City of Roanoke for the fiscal year beginning January 1, 1956, and ending December 31, 1956; fixing the rate of pay of employees of the Water Department; and declaring the existence of an emergency", and providing for an emergency. WHEREAS, for the immediate preservation of the public health, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that "Non-Operating Expense" of an Ordinance adopted by the Council of the City of Roanoke, Virginia, on the 16th day of January, 1956, No. 12636, entitled, "An Ordinance making appropriations from the Hater General Fund and the Water Replacement Reserve Fund for the City of Roanoke for the fiscal year beginning January 1, 1956, and ending December 31, 1956; fixing the rate of pay of employees of the Hater Department; and declaring the existence of an emergency", be, and the same is hereby amended and reordained to read as follows, in part: NON-OPERATING EXPENSE: Capital Outlay from Revenue ........................... $ 142,400.00 474 By BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: ~erk APPROVED Vice President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of October, 1956. No. 12884. AN ORDINANCE to amend and reordain Section ~88, "Airport", of the 1956 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of 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, "Airport", of the 1956 Appropriation Ordinance, be, and the same is hereby amended and reordained to read'as follows, in part: AIRPORT =88 Wages ................................................. $ 8,070.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED Vice President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of October, 1956. No. 12885. A RESOLUTION making certain changes in the job classification and pay schedule plan adopted by Resolution No. 12812. WHEREAS, the committee heretofore appointed by Ordinance No. 12651 and continued by Resolution No. 12812 has submitted its report, recommending certain 'changes in the job classification and pay schedule plan heretofom adopted by Resolution No. 12812, in which this Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the job ~assification and pay schedule plan adopted by Resolution No. 12812 be amended by making the following changes: GROUP ASSIGNMENTS (Clerical, Operational, Technical, Supervisory) II - Change Director of Air Pollution Control to Air Pollution Enqineer. 475 ATTEST: ~lerk VIII - Delete Chief of Communications. Add Director of Public Health Nursing. IX - Add Maintainer, Treatment. Add Garage Foreman. X - Delete Director of Public Health Nursing. Delete Signal Technician (Fire). XI - Add Medical Technologist. Delete Maintainer, Treatment. Delete Garage Foreman. Delete Radio Technician. XII - Delete Medical Technologist. GROUP ASSIGNMENTS - HOURLY PAID JOBS 5 - Add Radio Technician I. Add Signalman I. 2 - Add Radio Technician II. Add Signalman II. 1 - Add Lead Radio Technician. Add Lead Signalman. APPROVED Vice President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of October, 1956. No. 12886. AN ORDINANCE repealing Ordinance No. 11697, adopted by the Council on the 2nd day of February, 1953; and providing for an emergency. WHEREAS, Ordinance No. 11697, adopted by this Council on the 2nd day of February, 1953, provided "that the judges, clerks and commissioners of all future elections held in the City of Roanoke shall receive as compensation for their services the sum of $10.00 each for each day's service rendered, until such time as the rate of compensation be changed by general law or by action of this Council"; and WHEREAS, the 1956 General Assembly of Virginia amended Section 24-205 of the Code of Virginia so as to parallel the aforementioned Ordinance and provide that "the judges, clerks and commissioners of any election shall receive as compensation for their service the sum of $10.00 for each day's service rendered; and WHEREAS, for the usual daily operation of the Municipal Government, an emergency is set forth and declared to exist; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Ordinance No. 11697, adopted on the 2nd day of February, 1953, be, and the same is hereby, repealed. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED Vice President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of October, 1956. No. 12887. AN ORDINANCE providing for a compensation of $15.00 for services to be rendered by judges and clerks of the general election to be held on November 6, 1956; and providing for an emergency. WHEREAS, Section 24-20? of the Code of Virginia, as amended, provides that the judges, clerks and commissioners of any election shall receive as compensa tion for their service the sum of $10.00 for each day's services rendered with the proviso, however, that the governing body of any city may supplement the compensation therein prescribed for judges, clerks and commissioners of election or for any one or more of them; and WHEREAS, this Council included in the 1956 Appropriation Ordinance a sum sufficient tOpay the judges and clerks of the general election to be held November 6, 1956, the sum of $15.00 each for their services; and WHEREAS, for the usual daily operation of the-Municipal Government, an emergency is set forth and declared to exist; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the judges and clerks of the general election to be held on November 6, 1956, shall each receive as compensation for their services the sum of $15.00. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Vice President 477 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of November, 1956. No. 12888. AN ORDINANCE authorizing the acquisition of a strip of land approximately 427.45 feet in length on the south side of Hershberger Road, N. W., east of Williamson Road, from W. M. Ritter Lumber Company, Incorporated; and providing for an emergency. WHEREAS, W. M. Ritter Lumber Company, Incorporated, owner of a tract or parcel of land situate at the southeast corner of the intersection of Williamson Road and Hershberger Road, N. W., has offered to give, grant and convey unto the City a 15-foot wide strip of said land extending 427.45 feet along the south line of Hershberger Road, N. W., which will enable the widening of that portion of Hershberger Road, N. W., to 50.0 feet and will enable the rounding of the southeast corner of the aforesaid intersection; the aforesaid conveyance to be made upon a nominal consideration of $1.00, cash, and to be made without warranties on the part of the grantor; and WHEREAS, the City Manager and the City Planning Commission have recommended to the Council its acceptance of the aforesaid conveyance in order that Hershberger Road, N. W., may be widened as aforesaid; and WHEREAS, for the usual daily operation of the municipal government, an emergency is hereby declared to exist in order that this Ordinance may take effect upon its passage; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the aforesaid offer of W. M. Ritter Lumber Company, Incorporated, to give, grant and convey unto the City the following described strip or parcel of land on the south side of Hershberger Road, N. W., in said City, to-wit: BEGINNING at a point on the present south- east corner of Williamson Road and Hershberger Road, N. W.; thence, along the present south line of Hershberger Road, N. W., N. 58~ 12' E. 427.45 feet to a point; thence, S. 30° 25' E. 15.0 feet to a point on the newly established south line of Hershberger Road, N. W.,; thence, with same, S. 58° 12' W. 372.01 feet to a point of curve; thence, with a curve line to the left an arc distance of 93.11 feet (radius of said curve being 60.0 feet with a chord bearing and distance of S. 13° 44' 31" W. 84.05 feet) to a point of tangency on the present east line of Williamson Road, N. W.; thence, with a curve line to the right an arc distance of 74.06 feet (radius of said curve being 778.57 feet with a chord bearing and distance of N. 27° 59' 29" W. 74.03 feet) to the place of BEGINNING; and con- taining 8,065.0 square feet, more or less; and BEING more particularly shown on a plat of survey, prepared in the office of the City Engineer, Roanoke, Virginia, under date of Oc- tober 24, 1956, designated Plan No. 4215; for a nominal consideration of $1.00, cash, be, and it is hereby, accepted. BE IT FURTHER ORDAINED that the proper City Officials be, and they are hereby, authorized and directed to accept from the aforesaid W. M. Ritter Lumber Company, Incorporated, and to have recorded, its deed conveying said land to said City. the same to be upon such form as is first aD,roved by the City Attorney but 478 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in full force and effect from its passage, and the Clerk is ordered to transmit an attested copy of this Ordinance to the chief official of the aforesaid donor in token of the City's appreciation and recognition of the conveyance hereinabove mentioned. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of November, 1956. No. 12889. A RESOLUTION requesting the State Department of Highways to recommend a traffic plan for the intersections of the Hershberger Road, the Williamson Road and Virginia Secondary Route No. 118 and, thereafter, to establish the plan as a project to be financed jointly by the State and City. WHEREAS, the south line of the Hershberger Road and the east line of Virginia Secondary Route No. 118, as the two intersect with the Williamson Road, constitute boundary lines of the City of Roanoke with the result that portions of the traffic area of said intersections are situate in both the City and County; and WHEREAS, the traffic traversing said intersections is extremely heavy and is rapidly increasing; and WHEREAS, it is essential to the public comfort and safety that requisite surveys be made and an adequate plan designed and effectuated to control and regulate the traffic within and beyond the aforesaid intersections; and WHEREAS, the intersections being situate, as aforesaid, both within and without the City, the solution of the increasing traffic problem is the joint responsibility of the State and City; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the State Department of Highways be, and said Department is hereby, requested to make the requisite surveys and to design a plan to control and relieve the ever increasir traffic problems arising at the intersections of the Williamson and Hershberger Roads and Virginia Secondary Route No. 118 in and immediately north of the City limits; and, having designed such plan, to establish the plan as a project and, thereafter, to negotiate with the City regarding the proportions of the cost there- of to be borne respectively by the State and by the City. APPROVED 479 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of November, 1956. No. 12890. AN ORDINANCE to amend Chapter 25 of The Code of the City of Roanoke, relating to Public Sidewalks, by the addition of a new section, to be numbered Sec. 14, prohibiting loitering or standing in, or within certain distances of, public pedestrian underpasses across public streets or railroad rights of way; and providing for an emergency. WHEREAS, for the immediate preservation of the public peace and safety, an emergency is hereby declared to exist in order that this Ordinance may take effect upon its passage; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Chapter 25 of The Code of the City of Roanoke, relating to Public Sidewalks, be, and the same is hereby, amended by adding thereto a new section to be numbered Sec. 14, which shall read and provide as follows: Sec. 14. Loiterin~ or standin~ in or near public pedestrian underpasses. No person shall stop or loiter in, or within twenty-five (25) feet from any entrance to, any public pedestrian underpass across any public street or railroad right of way in the City. Any person violating any provision of this section shall be guilty of a misdemeanor and, upon conviction, shall be fined not exceeding $10.00 or confined in jail not exceeding ten (10) days, or by both fine and confinement within the aforesaid limits. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in full force and effect from its passage. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of November, 1956. No. 12891. A RESOLUTION accepting the proposal of Remington Rand, Roanoke, Virginia, for furnishing the City of Roanoke four accounting tax billing machines in the total amount of $11,900.00 net, delivered; and authorizing and directing the Purchasing Agent to purchase the machines in accordance with said proposal. WHEREAS, bids have heretofore been received from interested suppliers for the sale to the City of Roanoke of four accounting tax billing machines, all of which said bids were heretofore opened and publicly read in the office of the City Purchasing Agent on November 1, 1956, and, thereafter, were reported to the Council of the City of Roanoke, and 480 WHEREAS, it appears from a tabulation of said bids that the bid of Remingtol Rand, Roanoke, Virgina, for furnishing the machines, in the total amount of $11,900.00 net, delivered, is the lowest and best bid received on the machines, and this Council is of the opinion that the proposal of said Remington Rand should be accepted. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the proposal of Remington Rand, Roanoke, Virginia, for furnishing the City of Roanoke four accounting tax billing machines in the total amount of $11,900.00 net, delivered, is hereby determined and declared to be the best bid therefor and the same is hereby accepted. 2. That R. B. Moss, Purchasing Agenti be, and he is hereby authorized and directed to purchase the machines in accordance with said proposal. A P P R 0 V E D lerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of November, 1956. No. 12892. AN ORDINANCE to amend and reordain Section ~20, "Hustings Court", Section =21, "Circuit Court", and Section =22, "Law and Chancery Court", of the 1956 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =20, "Hustings Court", Section ~21, "Circuit Court", and Section #22, "Law and Chancery Court", of the 1956 Appropriation Ordinance, be, and the same are hereby amended and reordained to read as follows, in part: HUSTINGS COURT ~20 Salary, Judge (1) --- $13,330.00 .......................... $ 8,402.92 (1) State Law provides salary of $10,700.00, one-half to be paid by City. City supplements this by $2,630.00. CIRCUIT COURT ~21 Salary, Judge (1) --- $13,154.40 ......................... $ 7,183.09 (1) State Law provides salary of $10,700.00, one-half to be paid by Local Governments. Roanoke City's share is $3,686.30. City supplement for one month is $43.57 and for eleven months is $2,410.83. LAW AND CHANCERY COURT ~22 Salary, Judge (1) --- $13,330.00 .......................... $ 8,402.92 (1) State Law provides salary of $10,700.00, one-half to be paid by City. City supplements this by $2,630.00. 48i BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of November, 1956. No. 12894. AN ORDINANCE amending Ordinance No. 12770 providing for the acquisition of a small parcel of land constituting the southeast corner of Jefferson Street and Elm Avenue, S. E.; designating the fund from which the purchase price thereof may be paid; and providing for an emergency. NHEREAS, by Ordinance No. 12770 heretofore adopted on the 2nd day of July, 1956, the proper City Officials were authorized and directed to acquire by purchase from J. C. Nright a small parcel of land at the southeast intersection of Jefferson Street and Elm Avenue, S. E., containing 191.85 square feet, more or less, at a purchase price of $1,287.31, the same to be paid to the said owner upon delivery to the City of a good and sufficient deed conveying the said land, said purchase price to be charged to the City's Account for Street Construction - Rights of Nay; and NHEREAS, said City Officials were further authorized, upon failure to agree with said owner upon terms of purchase, to institute condemnation proceedings to acquire said land; and NHEREAS, subsequently, J. C. Nright has offered in writing to sell and convey said land to the City at a purchase price of $1,836.00, cash; which offer the City Manager has recommended be accepted and in which recommendation this Council concurs; and NHEREAS, for the usual daily operation of the municipal government, an emergency is hereby declared to exist in order that this Ordinance may take effect upon its passage; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Ordinance No. 12770, heretofore adopted by the Council on the 2nd day of July, 1956, be, and the same is hereby, amended to the extent that the proper City Officials shall be, and they are hereby, authorized and directed, for and on behalf of the City, to acquire by purchase from J. C. Nright, or the lawful owner thereof, the 191.85 square foot parcel of land situate at the southeast corner of Jefferson Street and Elm Avenue, S. E., and more particularly described in Ordinance No. 12770, aforesaid, at a purchase price of $1,836.00 cash, the aforesaid purchase price to be paid to said owner upon delivery to the City of a good and sufficient deed of conveyance to said land, made upon such form as is 482 the land being acquired.by the City and, in addition, payment for all damages incurred or claimed to be incurred to the residue land of said owner by reason of the severance or otherwise; and said purchase price, when so paid, to be paid out of funds 'heretofore appropriated in the current budget for Street Construction - Rights of Way. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in full force and effect from its passage. Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of November, 1956. No. 12893. AN ORDINANCE amending and reordaining Chapter 49, relating to dogs and cats of the Code of the City of Roanoke; adding thereto provisions relating to the immunization of certain dogs against rabies; and repealing Ordinance No. 11737 and Ordinance No. 12340 designated as the Dog Immunization Ordinance. BE IT ORDAINED by the Council of the City of Roanoke that Chapter 49, relating to dogs and cats, of the Code of the City of Roanoke be, and it is hereby, amended and reordained in its entirety so as to read and provide as follows: Sec. 1. Definitions. The following words, terms and phrases, when used in this chapter, have the mean lng ascribed to them in this section, except where the context clearly indicates a different meaning: "Commissioner" - The Commissioner of Health of the City of Roanoke. "Dog" - Every dog regardless of sex or age. "Owner" - Every person having a right of property in a dog, or who keeps or harbors a dog, or who has a dog in his or her care, or who acts as the custodian of a dog. "To run at large" or "running at large" - To roam, loiter, walk, run or be off the premises of the owner without being caged, muzzled, physically carried or held by leash by a person thoroughly capable, physically and mentally, of controlling the dog. "Treasurer" - The City Treasurer of the City of Roanoke and his duly qualified Deputies. "Vaccinate", "Vaccinated" or ~Vaccination' - The immunization of a dog against rabies, by a duly licensed veterinarian, whether by inoculation, vaccination or any other method or treatment approved by the Commissioner. "Warden" - The Dog Warden of the City of Roanoke, or a duly qualified Deputy. Sec. 2. Do~ Warden. The City Manager shall designate a member of the police force to be known as the Dog Warden of the City of Roanoke, whose special Section 3. Regulation of Do~s; Certain Acts Forbidden. (a) It shall be unlawful for the owner of any dog, of the age of four (4) months or more, to keep or maintain such dog within the City of Roanoke unless such dog is licensed as required by Chapter 9, of Title 29, of the Code of Virginia as amended, and unless such dog shall have been vaccinated within three (3) years next preceding such dog's being within said City. (b) Also, it shall be unlawful for the owner of any dog to allow such dog to run at large, at any time, within the City of Roanoke, even though said dog be both lawfully licensed and vaccinated. (c) Further, it shall be unlawful for the owner of any dog to allow, cause or permit such dog to enter any public hall, restaurant, ice cream parlor, soft drink parlor, or the public market building or the Market Square at any time, or any office or store during the time that such office or store is open for public business, whether the dog be muzzled, or on leash or, otherwise, under the immediat control of such owner. (d) Furthermore, it shall be unlawful for the owner of any dog to allow, cause or permit such dog to be in any hallway of any building occupied by two or more families, unless such dog is effectively caged, muzzled, physically carried or held by leash by a person thoroughly capable, physically and mentally, of controlling such dog. The provisions of subsections (c) and (d), supra, shall not apply to "seeing-eye" dogs properly trained to assist blind persons when such dogs are actually being used by blind persons for the puTpose of aiding them in going from place to place. Sec. 4. Bitches in Heat. It shall be unlawful for any owner to allow, cause or permit any bitch in heat to be off the premises of such owner or to remain on such premises to the annoyance of any other person or to the neighborhood. It shall be the duty of the Warden to take into custody and confine in the City pound, to be disposed of in accordance with Sec. 16 of this chapter, any such bitch found off the premises of its owner and, also, any such bitch kept on the premises of an owner who, after 24 hours' notice from the Warden, has failed to effectively confine such bitch in a manner not to cause further annoyance to any person or to the neighborhood. Sec. 5. Barkin~ or Howlinq Doqs. The harboring or keeping of any dog, which by loud, frequent or habitual barking or howling or by any other conduct, shall cause annoyance and disturb the peace and quiet of any person or neighborhood shall be unlawful and a violation of this chapter, and any such dog is hereby declared to be a public nuisance. Any such dog may, after reasonable notice has been given by the Warden to the owner of such dog, if known, or upon complaint of any person, if such owner be unknown, be impounded and confined in the City dog pound by the Warden, the Game Warden or any police officer, and the owner shall be subject to the penalties provided for in Section 18 of this chapter. Disposition of any such dog shall be in accordance with Section 16 of this chapter. 485 484 Sec. 6. Vicious Dogs. It shall be unlawful for any owner to keep within the City of Roanoke any dog which is known to be vicious or which has evidenced a disposition to attack human beings. Any owner who shall violate this section shall upon conviction, be liable to the penalties provided for in Sec. 18 of this chapter Upon conviction of any owner for a violation of this section, the Judge of the Court trying the case may order the Harden, or any other officer, to humanely kill such dog. Sec. 7. Vaccination of Dogs. No dog over four (4) months of age shall be permitted within the City of Roanoke, unless such dog shall have been vaccinated within a period of three (3) years, either at a clinic established in the City by the Commissioner for the purpose or by a duly licensed veterinarian, and the owner of every dog so vaccinated shall be presented a tag, of such material and design as shall be prescribed by the Commissioner, furnished by said clinic or veterinarian, on which tag shall appear the year in which the dog was last vaccinated. A charge shall be made for vaccinations made at such clinics, which charge, however, shall not exceed the actual cost of.vaccination or $1.50, whichever is the lesser; provided, however, that in any case in which such charge would result in a demonstrable hardship, no charge shall be made. Sec. 8. Certificate of Vaccination; Production upon Application for State Dog License. (a) At the time a dog is vaccinated, a certificate of such fact shall be issued to the owner, which shall contain a description of the dog, the name of the owner, the date on which such vaccination took place and the type of vaccinatio~ used, and the signature of the veterinarian who vaccinated the dog. (b) Every owner applying f'or a license for a dog shall exhibit to the Treasurer the certificate so issued showing that the dog was vaccinated at some time during the three (3) years immediately preceding the date of the issuance of the license. The Treasurer shall decline to issue the license applied for until such certificate is exhibited to him. (c) Every person having such a certificate of vaccination and wilfully failing or refusing to produce the same to the Treasurer as hereinabove required, and every person exhibiting to the Treasurer a certificate of vaccination issued for some dog other than that for which such person is applying for a dog license shall be guilty of a misdemeanor and punished in accordance with Sec. 18 of this chapter. (d) It shall be the duty of the Treasurer to examine, under oath, all applicants for dog licenses who decline to exhibit the above-mentioned certificate, for the purpose of determining if the applicant's dog has been vaccinated. If the Treasurer be satisfied, from such interrogation, that such dog is kept in the City and has not been vaccinated he shall promptly notify the Harden of such fact; supplying the Harden with a brief description of the dog and the applicant's address. (e) Every owner shall be required to provide each dog with a collar to which the license tag and, also, the vaccination tag provided for in Sec.~ 7., Sec. 9. Do~s Which Have Bitten Persons or Animals. The Warden, the Game Warden, the Commissioner or any police officer is hereby authorized to cause to be impounded, for examination, any dog known by such officer to have bitten any person or other animal, thereafter to be disposed of as ordered by the Commissioner in accordance with the provisions of this chapter. The Commissioner is hereby expressly authorized and empowered, under rules and regulations to be established by him, to cause to be humanely killed all such dogs known or reasonably suspected to be infected with rabies, and, in event of doubt as to such infection, he may cause such dogs to be isolated in the City pound, or in any other place authorized by said Commissioner for such period of time not less than twelve (12) days for such examination as the Commissioner may prescribe. Sec. 10. Rules Governin~ Killing, Treatment or Isolation of Do~s Infected with Rabies. The Commissioner is hereby expressly authorized and directed to adopt and promulgate rules and regulations governing the killing, treatment or isolation of dogs, infected or suspected to be infected with rabies and he may promulgate such additional rules and regulations as may be necessary in his judgment to effectually carry out the provisions of this chapter. Such rules and regulations may auth~ize the Warden, the Game Warden or any police officer to kill, on sight, any dog known by any such officer to be infected with rabies. Sec. 11. Reportin~ Knowledge of Rabies to Commissioner. Every owner, veterinarian, or other person, upon ascertaining that any dog is known or suspected to be rabid shall immediately notify the Commissioner; giving, if known, the name and address of the owner of such dog and the place where it may be found. Such dog shall be immediately impounded and securely kept until the Commissioner can make or cause to be made the requisite examination and, if found to have rabies, the dog shall immediately be humanely killed. Sec. 12. Mad Doqs; Emerqency. Upon proof satisfactory to the Commissioner that a dog infected with rabies is running at large and has bitten other dogs, the Commissioner shall have power to declare an emergency to exist in any part or all of the City, where:upon the owners of all dogs in the City or the part thereof where such emergency exists shall keep them confined on their premises for such period of time not exceeding forty-five (45) days as shall be prescribed by the Commissioner. Sec. 13. Provisions Applicable to Cats, etc. Ail provisions of Sections 9 through 12, supra, insofar as they relate to rabies and the control thereof, shall apply also, and equally, to cats and other animals susceptible to rabies. Sec. 14. City Pound. The Council shall, from time to time, designate where the City pound shall be located and shall provide suitable pens, enclosures and buildings for the conduct of the same, the type to be approved by the Commissioner. It shall be the duty of the Warden to see that all dogs, or other animals, impounded in the City pound are adequately fed, watered, sheltered and, otherwise, humanely treated. 486 Sec. 15. Impounding Certain Dogs. It shall be the duty of the Warden, the Game Warden or'any police officer to seize and impound.in the City pound any and every dog found in the City in violation of any provision of this chapter or in violation of any State law relating to dogs. The Warden, upon impounding any dog, shall make a complete registry, entering the breed, color and sex of such dog and whether licensed. If licensed, he shall enter the name and address of the owner and the number of the license tag. Licensed dogs shall be separated from unlicensed dogs. The.Warden shall exercise reasonably diligence to ascertain the name of the owner of every dog impounded and, if such owner is found, to promptly notify him of such impounding. Sec. 16. Disposition of Impounded Dogs.. Every dog impounded under the provisions of this chapter, except upon suspicion of being infected with rabies, shall be kept ~and disposed of as follows: (a) If the owner of such dog be known and such owner appear within five (5) days and claim the same, and establish to the satisfaction of the Warden that such dog has been vaccinated as required by this chapter, it shall be delivered to such owner upon proof of payment of any required .license tax on such dog, payment to the City of the expense o.f impounding and keeping said dog at the rate of $1.00 per day; and payment of any fine and costs assessed against such owner; or (b) If the owner of such dog be unknown to the Warden and no person claim said dog, as owner, within five (5) days, the Warden may deliver such dog to any person or agency in the City who will insure the vaccination of such dog, if required, and pay any requi, red license tax on such dog and will pay to the City the expense of impounding and keeping said dog at the said rate of $1.00 per day, with the u:nderstanding, however, that should the legal owner, thereafter, claim the dog and prove his ownership, he may recover such dog by paying to the person to whom it was delivered by the Warden the amount of all charges paid by such person under this section together with a reasonable charge for 'the keep of the dog while in his possession. (c) If any such dog be not disposed of under paragraph (a) or paragraph (b), supra, within seven (7) days from the impounding of such dog, the Warden may deliver such dog to any Virginia hospital or reputable institution of learning for research purpose in the study of prevention of dis'eases or the betterment of mankind; otherwise, it shall be the.duty of the Warden to dispose of such dog by humanely killing. (d) No dog shall be released from the City pound, except pursuant to subsection (c). immediately above, until it is shown to the. satisfaction of the Warden that such dog has been properly licensed and vaccinated as herein provided for, such licensing and/or vaccination to be at the expense of the owner or claimant of such dog. ~ Sec. 17. Separabi,lity of Provisions. It is the intention of the City Council that each separate provision of this Ordinance shall be deeme~ independent of all other provisions herein, and it is further the intention of the City 487 Sec. 18. Penalties. Any person convicted of a violation of any provision of this chapter shall be punished by a fine of not less than $5.00 nor more than $50.00 or by confinement in jail not exceeding thirty (30) days, or by both such fine and jail sentence, and each violation and each day's continuance thereof shall constitute a separate offense. BE IT FURTHER ORDAINED that Ordinance No. 11737 and Ordinance No. 12340 heretofore adopted on March 16, 1953, and March 21, 1955, respectively, entitled the Dog Immunization Ordinance, be, and they are hereby, REPEALED. APPROVED President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of November, 1956. No. 12896. A RESOLUTION providing for the appointment of five freeholders, any three of whom may act as viewers in connection with the petition of Abram J. Novick to permanently vacate, discontinue and close a certain mapped, but undeveloped, alley running through Section 2, according to the Map of Gray and Boswell, Crozier Addition, which map is recorded in Deed Book 173, page 153, in the Clerk's Office of the Hustings Court for the City of Roanoke, Virginia, which alley extends eastwardly from 13th Street, N. E., between Gregory Avenue, N. E., and McDowell Avenue, No E., to a dead-end on the property owned by Nelson Hardware Company on the east. WHEREAS, it appearing to the Council of the City of Roanoke, Virginia, upon the petition of Abram J. Novick that said petitioner did duly and legally publish as required by Section 15-766, Code of Virginia (1950) as amended, a notice of his application to the Council of the City of Roanoke, Virginia, to close the hereinafter described alley, the publication of which was had by posting a copy of said notice on the front door of the Court House for the City of Roanoke, Virginia (Campbell Avenue entrance), at the Market House (Salem Avenue entrance), at 311 Randolph Street or Second Street, S, E., and on the property where the alley is located, as provided by the aforesaid sections of the Virginia Code, as amended, all of which is verified by an affidavit appended to the petition addressed to the Council requesting that the hereinafter described alley be permanently vacated, discontinued and closed; and WHEREAS, it appearing to the Council that more than five days have elapsed since the publication of such proper legal notice, and the Council having considere said petition of the applicant to permanently vacate, discontinue and close a certain mapped, but undeveloped, alley running through Section 2, according to t~ Map of Gray and Boswell, Crozier Addition, which map is recorded in Deed Book 488 erk Avenue, N. E., and McDowell Avenue, N. E., to a dead-end on the property owned by Nelson Hardware Company on the East; and WHEREAS, the petitioner has requested that five viewers, any three of whom may act, be appointed to view the above described alley herein sought to be permanently vacated, discontinued and closed and report in writing, as required by Section 15-766, Code of Virginia (1950) as amended. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Messrs. C. W. Francis, Jr., T. Howard Boyer, James A. Turner, Elbert H. Waldron and R. L. Rush, any three of whom may act, be, and they are hereby appointed as viewers to view the aforesaid alley and report in writing pursuant to the provisions of Section 15-766, Code of Virginia (1950) as amended, whether or not in their opinion any, and if any, what inconvenience would result from formally vacating, discontinuing and closing the aforesaid alley. APPROVED eresi~t IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of November, 1956. No. 12897. AN ORDINANCE authorizing and directing the acquisition by purchase of 715.91 square feet of land on the north side of Salem Avenue, S. W., between Jefferson Street and 1st Street, from Goodwill Industry .& Gospel Mission of Roanoke, Incorporated; providing for the payment of the purchase price therefor; and providing for an emergency. WHEREAS, by Ordinance No. 12776, heretofore adopted on the 16th day of July, 1956, the City's acquisition of the land hereinafter described at a purchase price of $19,300.00 was authorized and directed; and WHEREAS, subsequent thereto and failing in its efforts to acquire said land by purchase, this Council, by Ordinance No. 12825, adopted on the 27th day of August, 1956, authorized and direc'ted the City Attorney to institute condemnation proceedings to acquire said land in fee simple; and WHEREAS, after the institution of condemnation proceedings as aforesaid, Goodwill Industry & Gospel Mission of Roanoke, Incorporated, has offered in writing under date of October 29, 1956, an option to purchase the land hereinafter describe and the subject of the condemnation proceeding at a purchase price of $20,000.00, the same to be accepted in full payment of the purchase price of the land and in satisfaction of all claims to damage to the residue of said land by severance or otherwise, said owner reserving, however, the right of possession of said land until March 1, 1957, but offering, prior to March 1, 1957, to remove the existing building from the land in question and to make such alterations and repairs to 489 said owner's discretion, it may desire, all materials from th~ building so removed to be the property of Goodwill Industry ~ Gospel Mission of Roanoke, Incorporated; and WHEREAS, the City Manager has recommended that the aforesaid offer and option of said landowner be accepted by the City upon the aforesaid terms and conditions and that the pending condemnation proceeding involving said land be voluntarily dismissed, in all of which said recommendations this Council concurs; and WHEREAS, funds have heretofore been appropriated to Account No. 142, Improvement Fund - Salem Avenue Project, sufficient to pay the purchase price hereinafter provided; and WHEREAS, for the usual daily operation of the municipal government, an emergency is hereby declared to exist in order that this Ordinance may take effect upon its passage; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the written offer and option of Goodwill Industry ~ Gospel Mission of Roanoke, Incorporated, made under date of October 29, 1956, proposing to sell and convey to the City the following described land, to-wit: BEGINNING at a point on the present north line of Salem Avenue, S. W., said point being lo- cated S. 88° 46' 23" E., an actual distance of 310.23 feet, (310.45 feet by deeds), from the point of intersection of the present east line of 1st Street, S. W., with the present north line of Salem Avenue, and corner to land now owned by Whiting Oil Company, Incorporated; thence, leaving Salem Avenue and with the pres- ent east line of the Whiting Oil Company, In- corporated, property, the same being the pres- ent west line of the Goodwill Industry ~ Gospel Mission of Roanoke, Incorporated, property, N. 1° 11' 24" E. 13.0 feet to a point on the proposed new north line of Salem Avenue; thence, with the same, S. 88o 46' 23" E. 55.07 feet to a point on the west line of that certain prop- erty conveyed to W. V. Kirk by J. D. Kirk by deed of record in Deed Book 57, page 34, in the Clerk's Office of the Hustings Court of the City of Roanoke, Virginia; thence, with same S. 1° 10' 41" W. 13.0 feet to a point on the present north line of Salem Avenue; thence, with same, N. 88° 46' 23" W. 55.07 feet to the place of BEGINNING, containing 715.91 square feet, more or less, and Being a southerly 13- foot strip along a portion of Lot 11, Ward 5, according to the Map of Roanoke Land and Im- provement Co.; and BEING shown in detail on Plan No. 4057-3, pre- pared in the Office of the City Engineer, Roanoke, Virginia, under date of March 30, 1956; at a purchase price of $20,000.00, cash, the same to be in full payment for the land and in satisfaction of all damage or claims to damage resulting to the residue land of said owner by. severance or otherwise, said owner to retain possession of said land until the 1st day of March, 1957, and, prior to that date and at its own expense, to cause to be removed from said land that portion of the building now existing thereon and, likewise at its own expense, to make such alterations and repairs to its remaining building and to construct such new store front as, in its discretion, it may desire, all materials from the building so removed to be the property of the aforesaid owner, be, and it is hereby, accepted; and an BE IT FURTHER ORDAINED that the proper City Officials be, and they are hereby, authorized and directed to pay unto Goodwill Industry & Gospel Mission of Roanoke, Incorporated, or to the persons or parties lawfully entitled thereto, the sum of $20,000.00, cash, upon delivery to the City of a good and sufficient deed conveying the aforesaid land to the City upon the terms and conditions hereinabove provided, such conveyance to be with general warranty of title and modern english covenants and, otherwise, to be upon such form as is first approved by the City Attorney or the Assistant City Attorney; the purchase price above provided to be paid out of funds heretofore appropriated to Account No. 142, Improvement Fund - Salem Avenue Project. BE IT FURTHER ORDAINED that all of the costs of constructing a new sidewalk, curb, gutter and pavement, and any other similar street improvements, be borne by the City and no part of the cost thereof shall be charged to the aforesaid landowner; BE IT FURTHER ORDAINED that, upon the City's acceptance and recordation of the above-mentioned deed of conveyance, the City shall cause the pending condemnation proceeding involving the aforesaid land to be'dismissed and discontinued without further cost to said landowner; and BE IT FINALLY ORDAINED that, an emergency existing, this Ordinance shall be in full force and effect from its passage. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of November, 1956. No. 12898. AN ORDINANCE authorizing and directing the acquisition of certain land from Downtown Parking Company, Incorporated, for the widening of the first block of Salem Avenue, S. ~., and of the intersection of Norfolk Avenue and 1st Street, S. W., upon certain terms and conditions; appropriating funds for the purchase price thereof; and providing for an emergency. ~HEREAS, Downtown Parking Company, Incorporated, has offered to sell and convey to the City a certain 13-foot wide strip of land 134.75 feet in length located on the north side of Salem Avenue, S. W., between Jefferson Street and 1st Street, S. W., shown as "Parcel 1" on Plan No. 4057-1, prepared in the Office of the City Engineer under date of March 30, 1956, at a price of $11,400.00, cash, of which said sum $3,000 represents the agreed liquidated damages to the residue of the property of said owner by reason of the severance of the 13-foot wide strip aforesaid; said owner, however, to reserve an easement over and along the northerly six (6) feet of said 13-foot wide strip to allow the building presently erected on 491 wide strip, it to be agreed, however, that the overhanging portion of said building shall not be lower than twelve (12) feet above the surface of the sidewalk to be built thereon, that said owner shall have the right to build additional stories on the present building in the same manner as the second, third and fourth stories are now constructed and that, should the existing building and any additional stories of the same hereafter be demolished to the ground level, any new build- ing erected on said owner's residue property shall not encroach over the north line of the aforesaid 13-foot wide strip and said strip shall thereupon be relieved in full of the aforesaid easement; and WHEREAS, the aforesaid owner has further agreed that, should the City elect to purchase and acquire the aforesaid 13-foot wide strip on the north side of Salem Avenue, S. W., upon the terms and conditions above-mentioned, it, the said owner, will further grant and convey to the City, for a nominal consideration of $1.00, cash, the fee simple, unencumbered title to a certain 192.4 square foot parcel of land on the southeast corner of the intersection of Norfolk Avenue and 1st Street, S. W., the same being shown as "Parcel 1-A~ on Plan No. 4075-1, above referred to, in order that said land, when acquired by the City, may be used for rounding the corner of the intersection above referred to; and WHEREAS, the City Manager has recommended to the Council the City's acquisition of the aforesaid offers and this Council concurs in said recommendation; and WHEREAS, for the usual daily operation of the municipal government, an emergency is hereby declared to exist in order that this ordinance may take effect upon its passage; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the aforesaid offer of Downtown Parking Company, Incorporated, to sell and convey to the City a 13-foot wide strip of land 134.75 feet in length on the north side of Salem Avenue, S. W., between Jefferson Street and 1st Street, S. W., and sho~vn as "Parcel 1" on Plan No. 4057-1, prepared in the office of the City Engineer, under date of March 30, 1956, at a purchase price of $11,400.00, cash, and upon the terms and conditions hereinafter provided be, and it is hereby, accepted, and, further, that said corporation's offer to grant and convey to the City that certain 192.4 square foot parcel of land shown as "Parcel 1-A" on the aforesaid plan and located at the southeast corner of Norfolk Avenue and 1st Street, S. W., for a nominal consideration of $1.00, cash, be, likwise, accepted; and 2. That the proper City Officials be, and they are hereby, authorized and directed to accept, for and on behalf of the City, and · ereafter cause to be recorded, a proper deed of conveyance conveying to the City the fee simple title to the two (2) parcels of land hereinabove mentioned provided, however, that said deed may reserve to Downtown Parking Company, Incorporated, its successors or assigns, an easement over the northerly six (6) feet of the aforementioned 13-foot wide strip of land to permit the overhang of a certain 492 building presently erected on said property over the northerly six (6) feet of said 13-foot wide strip provided, however, that the overhanging portion of said building shall not be closer than twelve (12) feet above the surface of the sidewalk built on said strip, that the owner of the main building shall have the right to build additional stories on the. present building in the same manner as the second, third and fourth stories are now constructed and, further, that should the existing building and any additional stories of the same be demolished to the ground level, any new building erected on the residue of said owner's property shall not encroach over the north line of the above-mentioned 13-foot wide strip and the easement reserved in said deed over the northerly six (6) feet of the 13-foot wide strip shall thereupon expire and terminate and the 13-foot wide strip shall thereafter be released and discharged of said easement; said deed of conveyance, otherwise, to be upon such form as is approved by the City Attorney or Assistant City Attorney and to convey the fee simple, unencumbered title to both parcels of property except as hereinabove provided; and 3. That upon delivery to the City of the deed hereinabove provided, approved as aforesaid, the proper City Officials shall be, and they are hereby, authorized and directed to deliver to Downtown Parking Company, Incorporated, the City's warrant in the amount of $11,400.00 in payment of the purchase price aforesaid, paying the same out of funds ippropriated to Account No. 142, Improvement Fund - Salem Avenue Project for such purpose; and 4. That there be, and there is hereby, appropriated from the General Fund of the City to Account No. 142, Improvement Fund - Salem Avenue Project the sum of $11,400.00 to provide for the payment of the purchase price hereinabove mentioned. · BE IT FINALLY ORDAINED that, an emergency existing, this Ordinance shall be in full force and effect from its passage. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of November, 1956. No. 12899. AN ORDINANCE to amend and reordain Section ~69, "Life Saving Crew", of the 1956 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 =69, '"Life Saving Crew", of the 1956 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: LIFE SAVING CREW =69 Telephone ................................................ $ 455.25 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. Cle!/k APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of November, 1956. No. 12900. A RESOLUTION amending the contract of September 28, 1954, between the City of Roanoke and the County of Roanoke dealing with the treatment of domestic and commercial wastes. WHEREAS, the Board of Supervisors of Roanoke County, by a proper Resolution adopted on the 15th day of October, 1956, requested the City of Roanoke to amend the contract of September 28, 1954, between the City'of Roanoke and the County of Roanoke, dealing with the treatment of domestic and commercial wastes, to the extent, only, that said contract is hereinafter amended; which request is agreeable to this Council; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows 1. That the contract of September 28, 1954, between the City of Roanoke and the County of Roanoke dealing with the treatment of domestic and commercial wastes be, and the same is hereby, amended in the following respects, only, viz.: (a) That the following described area of land presently situate in Roanoke County be added to, and included in, the aforesaid contract to the full extent as if said area were therein set out in extensio: BEGINNING at a point on the west boundary of Brambleton Court at the northeast corner of the H. S. Turner, et al., Subdivision; thence, with the north line of the H. S. Turner Map and of the south line of Section 2, Brambleton Court, and the properties of A. N. Britt and H. J. Russell N. 87° 49' W., crossing Lawndale Road and Oakdale Road, 1229.22 feet to a point on the east line of Block 2, Berwick Heights; thence, with the west line of the H. J. Russell property, N. 1e 01' E. 138.75 feet to a point; thence, N. 87° 49' W. 7.29 feet to a point; thence, continuing with the east line of Berwick Heights, crossing Willeta Drive, and with the east line of Block 1, Berwick Heights, N. 1° 06' E. 455.03' feet to the northwest corner of Section 2, Brambleton Court, on the south line of remaining property of Herman F. Larson; thence, with the division line of Section 2, Brambleton Court, and the property of Herman F. Larson, N. $5° 54' E. 437.23 feet to a point; thence, S. 80° 14' E. 340.0 feet to a point; thence, S. 78° 26' E. 480.0 feet to a point on the west line of the property of Sue H. Yost; thence, with the same and with the west line of Brambleton Court, S. 2° 11' W., crossing Fleetwood Drive, in all, 517.9 feet to the place of BEGINNING; and being an exclusive boundary description of Section 2, Brambleton Court, of record in Plat Book 3, page 228, and Being property of A. M. Britt, of record in the Clerk's Office of the Circuit Court for the County of Roanoke, Virginia, in Deed Book 372, page 84, and property of H. J. Russell, of 49 _4 (b) 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 City's interceptor sewer, may also be delivered to, and treated by, the City in accordance with said contract; (c) That acceptable wastes originating within the aforesaid areas shall be delivered, by the County, to the City's sanitary sewer system at such point as is approved by the City's Director of Public Works or the City's Engineer and the requisite measuring meter installed, at said point of delivery, by the County; (d) That in all other respects said contract shall remain in full force and effect. 2. That the City Clerk be, and he is hereby, directed forthwith to mail an attested copy of this Resolution to Roy K. Brown, Clerk of the Board of Super- visors, Roanoke County, Virginia. APPROVED Cl~rk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of November, 1956. No. 12901. A RESOLUTION providing for the appointment of five freeholders, any three of whom may act as viewers in connection with the petition of The Brandon Company, Incorporated, to permanently vacate, discontinue and close a certain 12-foot wide public alley situate in the City of Roanoke, Virginia, 111. feet west of Third Street, S. W., and running in a northerly direction from Salem Avenue, S. W. to Norfolk Avenue, S. W., a distance of approximately 180 feet. WHEREAS, it appearing to the Council of the City of Roanoke, Virginia, upon the petition of The Brandon Company, Incorporated, that said petitioner did duly and legally publish as required by Section 15-766, Code of Virginia of 1950, as amended, a notice of its application to the Council of the City of Roanoke, Virginia, to close the hereinafter described alley, publication of which was had by posting a copy of said notice on the front door of the courthouse of the Hustings Court for the City of Roanoke, Virginia (Campbell Avenue entrance), at Market Square (Salem Avenue entrance), No. 311 Randolph Street or Second Street, S. E., and at two other public places in said city in the neighborhood of the property described in said petition, all of which is verified by an affidavit appended to the petition of The Brandon Company, Incorporated, applying for the appointment of viewers and the closing of the aforesaid alley; and WHEREAS, it appearing to Council that more than five days have elapsed since the publication of such notice and the Council having considered said petition of the applicant, The Brandon Company, Incorporated, to permanently vacate, discontinue and close a certain 12-foot wide public alley situate in the City of Roanoke, Virginia, 111 feet west of Third Street, S. W., and running in a northerly direction from Salem Avenue, S. W., to Norfolk Avenue, S. W., a distance of approximately 180 feet; and WHEREAS, the petitioner has requested that five viewers, any three of whom may act, be appointed to view the above described alley herein sought to be perma- nently vacated, discontinued and closed. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Messrs. L. L. Rush, Dennis J. Donnelly, T. Howard Boyer, R. L. Rush and James A. Turner, any three of whom may act, be, and they hereby are, appointed as viewers to view such alley and report in writing whether in their opinion any, and if any, what, inconvenience would result from discontinuing the same, all in accordance with the provisions of Section 15-766, Code of Virginia of 1950, as amended. lerI~ APPROVED President / IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of November, 1956. No. 12895. AN ORDINANCE to amend and reordain Section IX. Physical Improvements, of the Subdivision Ordinance of the City of Roanoke. WHEREAS, a Committee, heretofore appointed by this Council and directed to study the Subdivision Ordinance of the City of Roanoke, to hold such hearings and conferences as it considers necessary and, thereafter, as deemed advisable, to recommend additions to or. deletions from said Ordinance, for the considera- tion of Council, did, under date of September 6, 1956, file its report in writing recommending that the Ordinance be strengthened by making certain additions to Section IX., Physical Improvements, thereof; and WHEREAS, this Council, thereafter, referred its aforesaid Committee's report to the City Planning Commission for study and recommendation, which Commissi by its written report of October 4, 1956, substantially concurred in the aforementioned report of Council's Committee; and WHEREAS, notice of intention to amend the said Subdivision Ordinance of the City of Roanoke was, thereafter, published once a week for two successive weeks; namely, on the 12th and 19th days of October, 1956, in The Roanoke World-News, a newspaper of general circulation in the City of Roanoke and the 496 County of Roanoke, by which all persons affected by such regulations were notified to appear on November 5, 1956, at 2:00 o'clock, p. m., in the Circuit Court Room (Council Chamber) in the Municipal Building, in the City of Roanoke, to present their views with respect thereto; and ~HEREAS, this Council, having heard all interested persons at the afore- mentioned time and place and after carefully considering all evidence, information and statements produced and made at san public hearing, its aforementioned Committee's report, the report of the City Planning Commission, as well as its independent judgment, is of the opinion that said Ordinance should be amended as herein provided; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section IX., Physical Improvements, of the Subdivision Ordinance of the City of Roanoke be, and said Section is hereby, amended and reordained so as to read as follows: Section IX. Physical Improvements. The following improvements shall be required to be installed by the subdivider in subdivisions lying in whole or in part, within the corporate limits of the City of Roanoke, when such subdivision shall include or involve any public street, any extension of the City sewers or public and private water systems, any right-of-way connecting two public streets, or any easements for any of the foregoing; and the same shall be installed in strict accordance with the specifications provided herein as approved by the agent and the City Engineer. A. (1) Streets must be graded to a minimum width of fifty feet, and graded to the cross section and profile approved by the agent and the City Engineer. The subdivider shall be required to install a five-inch compacted stone base between the curbs and pave the same with 100 pound, double surface treatment, Virginia Department of Highways specifications. The subdivider shall provide curb and gutter of the type and to the specifications currently being installed by the City of Roanoke; provided, that where the installation of such type is not practical, as may be determined by the Director of Public ~orks and the City Engineer, valley gutters, of a permanent type, may be supplied. (2) The facilities for underground utilities such as sewer and water, including sewer and water laterals to each lot line when laid in streets, shall be in place prior to final surfacing. All facilities for utilities shall, where possible, be placed in alleys or in easements provided for that purpose at the rear of the lots in the subdivision, or located as approved by the Director of Public Norks. B. The subdivider shall install sewer mains and sewer laterals, extended to the property line of each lot, in accordance with size,, depth and profile approved by the agent and the City Engineer. In cases where it is found impractical by the City Engineer and. the Director of Public ~orks to install or connect with existino sewer systems, the 4.q installation of septic tanks may be permitted. C. The subdivider shall provide an adequate water system, which system shall be approved by the Director of Public Works. D. Where a drainage problem exists or will be created by the subdivision or development of land the subdivider shall be required by the Planning Board to provide necessary facilities to drain the area of the subdivision in question by a plan to be approved by the City Engineer. This may be accomplished by the proper grading of the area or by the installation of a system of drainage pipes, structures, culverts, ditches, etc. In cases where it is impractical or unreasonable to eliminate the drainage problem as provided above, the Planning Board shall require that certain areas of the subdivision, or other land available to the subdivider, be designated for seepage and absorption. No areas set aside for seepage and absorption, pursuant to this paragraph, shall, thereafter, be altered, in any manner, so as to decrease drainage efficiency; and there shall be reserved unto the City of Roanoke the continuing right to go upon such areas and restore or, if possible, increase the seepage efficiency. In instances where it is impractical to get rid of drainage water and larger drainage areas are not required, the subdivider shall install seepage pits or French drains. E. Street signs of approved standard design shall be installed at all street intersections. A P P R 0 V E D Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The lqth day of November, 1956. No. 12905. AN ORDINANCE to amend and reordain Section =121, "Libraries", of the 1956 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =121, "Libraries", of the 1956 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: LIBRARIES ~121 BuiIding Maintenance .................................... $ 2,100.00 Book Repairs ............................................ 2,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. A P P ~ ~ If ~ D 49S IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of November, 1956. No. 12906. AN ORDINANCE to amend and reordain "Non-Operating Expenses" of an Ordinance adopted by the Council of the City of Roanoke, Virginia, on the 16th day of January, 1956, No. 12637, entitled, "An Ordinance making appropriations from the Sewage Treatment General Fund and the Sewage Treatment Replacement Reserve Fund for the City of Roanoke for the fiscal year beginning January 1, 1956, and ending December 31, 1956, and declaring the existence of an emergency", and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that "Non-Operating Expenses~ of an Ordinance adopted by the Council of the City of Roanoke, Virginia, on the 16th day of January,1956, No. 12637, entitled, "An Ordinance making appropriations from the Sewage Treatment General Fund and the Sewage Treatment Replacement Reserve Fund for the City of Roanoke for the fiscal year beginning January 1, 1956, and ending December 31, 1956, and declaring the existence Of an emergency" be and the same is hereby amended and reordained to read as follows, in part: NON-OPERATING EXPENSES: Capital Outlay from Revenue (1) ......................... $ 13,654.63 (1) 7-foot Chain Link Fence ....... $ 2,006.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of November, 1956. No. 12907. AN ORDINANCE to amend and reordain Section =142, "Transfer to Improvement Fund", of the 1956 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =142, "Transfer to Improvement Fund", of the 1956 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: TRANSFER TO IMPROVEMENT FUND =142 Jefferson Street Viaduct (1) ........................... $ 51,947.00 (1) Lighting - Parking Areas .... $1,800.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of November, 1956. No. 12908. A RESOLUTION authorizing the installation of eighteen 21000 lumen overhead mercury vapor street lights on Norfolk Avenue, S. E., Third Street, S. E., and Salem Avenue, S. E., in the vicinity of the Jefferson Street Grade Crossing Elimination Viaduct; the replacement of one existing 2500 lumen overhead incandescent street light with a 21000 lumen overhead mercury vapor street light; and the removal of one existing 2500 lumen overhead incandescent street light. BE IT RESOLVED by the Council of the City of Roanoke that the Appalachian Electric Power Company be, and it is hereby authorized to install eighteen 21000 lumen overhead mercury vapor street lights on Norfolk Avenue, S. E., Third Street, S. E., and Salem Avenue, S. E., in the vicinity of the Jefferson Street Grade Crossing Elimination Viaduct, at the following locations: Pole on the south side of Norfolk Avenue, S. E., 150 feet east of Jefferson Street. Pole on the south side of Norfolk Avenue, S. E., 300 feet east of Jefferson Street. Pole on the southeast corner of Norfolk Avenue and First Street, S. E. Pole on the south side of Norfolk Avenue, S. E., 120 feet east of First Street. Pole on the south side of Norfolk Avenue, S. E., at the southeast edge of the Jefferson Street prong of the Viaduct. Pole in the island at the intersection of the Salem Avenue cut-thru and Norfolk Avenue, S. E. Pole on the south side of Norfolk Avenue S.E. edge of the Second Street prong of the Viaduct. Pole on the south side of Norfolk Avenue S. E. of Third Street. Pole on the north side of Norfolk Avenue S. E. corner of Third Street. Pole on the north side of Norfolk Avenue S.E. the northwest corner of Third Street. Pole on the north side of Norfolk Avenue S.E. the northwest corner of Third Street. Pole on the north side of Norfolk Avenue S. E. the northwest corner of Third Street. at the west 120 feet west at the northwest 120 feet from 240 feet from 360 feet from 5O© Pole on the west side of Third Street, S. E., 55 feet north of Campbell Avenue. Pole on the west side of Third Street, S. E., 175 feet north of Campbell Avenue. Pole on the north side of the Salem Avenue cut-thru, 80 feet southwest of the island. Pole on the south side of Salem Avenue, S. E., at the intersection of the Salem Avenue cut-thru. Pole on the north side of Salem Avenue, S. E., 40 feet west of the intersection with the Salem Avenue cut-thru on existing pole. Pole on the south side of Salem Avenue, S. E., at its intersection with First Street. BE IT FURTHER RESOLVED that the Appalachian Electric Power Company be, and it is hereby authorized to replace one existing 2500 lumen overhead incandescent street light on First Street, S. E., 30 feet south of the Viaduct, with a 21000 lumen overhead mercury vapor street light. Said lights to be maintained under the contract existing between the Appalachian Electric Power Company and the City of Roanoke. BE IT FURTHER RESOLVED that the Appalachian Electric Power Company be, and it is hereby authorized to remove one existing 2500 lumen overhead incandescent street light center-suspended at the intersection of Norfolk Avenue and Third Street, S. E. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of November, 1956. No. 12909. AN ORDINANCE to amend and reordain Section =81, "Street Repair", of the 1956 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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] #81, "Street Repair", of the 1956 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: STREET REPAIR ~81 Salary, Clerk-Timekeeper .................................. $ 220.00 Wages .................................................... 178,780.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect as of and from December 1, 1956. APPROVED