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HomeMy WebLinkAbout19853-9/27/71 - 20349-6/28/72IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of September, 1971. No. 19853. AN ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of the Code of the City of Roanoke, 1956, as amended, and Sheet No. 101, Sectional 1966 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanokeli to have property located in the block bounded by Franklin Road, 2nd Street, S. W., Day Avenue, S. W., and 3rd Street, S. W., in the City of Roanoke, designated as all those lots and properties in Block 5, Sheet No. 2 S. W., of the Map of the City's Official Survey, .Official Nos. 1013102 through 1013116, inclusive, rezoned from C-4, Central Business District Expansion Area to C-3, Central Business District; and WHEREAS, the City Planning Commission has recommended that the herein- after described land be rezoned from C-4, Central Business District Expansion Area, to C-3, Central Business District; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 71, Chapter 4.1, Title XV, of the Code of the City of Roanoke, 1956, as amended, relating to Zoning, have been published and posted as required and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the 20th day of September, 1971, at 2 p.m., before the Council of the City of Roanoke, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council after considering the evidence as herein provided, is of the opinion that the hereinafter described land should be rezoned. .~ THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Title XV, Chapter 4.1, Section 2, of the Code of the City of Roanoke, f9'56, as - amended, relating to Zoning, and Sheet No. 101 of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz: .. Property located in the block bounded by Franklin Road, 2nd Street, S. W. Day Avenue, S. W., and 3rd Street, S. W., in the City of Roanoke, descri'bed as all those lots and properties in Block 5, Sheet No. 2, S. W., of the Map of the City's Official Survey, designated on Sheet 101 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax Nos. 1013102 through 1013116, inclusive, be, and is here- by, changed from C-4, Central Business District Expansion Area, to C-3, Central Business District, and that Sheet No. 101 of the aforesaid map be changed in this respect. ATTEST: ~/~~~ Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of September, 1971. No. 19854. AN ORDINANCE permanently abandoning, vacating, discontinuing and closing a portion of 25th Street, S. W., in the City of Roanoke, Virginia, as shown on Map of Crystal Springs, a copy of which map may be found in the office of the City Engineer of the City of Roanoke, Virginia, and being also shown on Sheet Nos. 105 and 106 of the Tax Appraisal Map of said City of Roanoke. WHEREAS, Fred P. Bullington, Adrienne G. Bullington, William J. Gausman and Anna H. Gausman have heretofore filed a petition before City Council, in accordance with law, requesting Council to permanently vacate, abandon, discontinue and close that portion of 25th Street, S. W., lying between the westerly side of Carolina Avenue, S. W., and the easterly side of a 12 foot alley running through the center of Blocks 28 and 29, Map of Crystal Springs, and, in addition, that pot- tion of 25th Street lying between the easterly side of Wycliffe Avenue, S. W. and the westerly side of a 12 foot alley running through the center of Blocks 28 and 29 Map of Crystal Springs, which said street is more particularly hereinafter describe and as to the filing of said petition, due notice was given to the public as re- quired by Section 15.1-364, Code of Virginia of 1950, as amended; and WHEREAS, in accordance with the prayer in said petition, Resolution No. 19772 was adopted by the said City Council on the 12th day of July, 1971, pursuant to which viewers were appointed to view the said property and to report in writing what inconvenience, if any, would result from permanently abandoning, vacating, discontinuing and closing the said street hereinafter described; and further the said City Council referred the issues raised by said petitioners to the Planning Commission of the City of Roanoke for said Commission's study of said request and a report thereon; and WHEREAS, it appears from the report in writing filed by the viewers with the City Clerk, on the 9th day of August, 1971, that no inconvenience would result, either to any individual or the public from the permanent abandoning, vacating, discontinuing and closing of the said street hereinafter described, to which report no exceptions have been filed; and WHEREAS, the City Planning Commisssion by letter directed to the Mayor of the City of Roanoke and the members of City Council, dated August 19, 1971, recommended to City Council that the said street hereinafter described be abandoned vacated, discontinued and closed subject to the right of the said City to retain all necessary easements to public utilities; and WHEREAS, a public hearing on the question was held before the Council on the 20th day of September, 1971, at which hearing all parties in interest and citi- zens were afforded an opportunity to be heard on the question of the proposed clos- ing of the street; and WHEREAS, upon consideration of the matter, the Council is of the opinion that no inconvenience will result to any owner or to the public from the permanent abandonment, vacating, discontinuance and closing of the street hereinafter described and that the petitioners application to permanently close the same should be granted, said petitioners having agreed to bear and defray the expenses incident to the closing of same. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia that that part of 25th Street, S. W., in the City of Roanoke, Virginia and described as follows: Beginning at the point of intersection of the westerly side of Carolina Avenue, S. W., and the southerly side of 25th Street, S. W., said point being the northeasterly most corner of Lot 20, Block 28, as shown on the Map of Crystal Sirings; thence with the northerly most line of Lot 20, Block 28, according to the Map of Crystal Springs, N. 57° 41' W. 150 feet to a point located on the easterly side of a 12 ft. alley; thence with a line across 25th Street, S. W., N. 320 19' E. 60 feet to a point on the southwesterly corner of Lot 11, Block 29, according to Map of Crystal Springs; thence with the southerly most line of Lot 11, Block 29 according to the Map of Crystal Springs S. 57° dl' E. 150 feet to a point on the westerly side of Carolina avenue; thence with the line across 25th Street, S. W. S. 320 19' W. 60 feet to the place of Beginning; being and designated as that portion of 25th Street, S. W., lying between the westerly side of Carolina Avenue, S. W. and a 12 ft. alley running through the center of Block 28 and 29, according to the.Map of Crystal Springs. be and the same hereby is permanently abandoned, vacated, discontinued and closed, the City of Roanoke, however, reserving unto itself an easement for any water, sewe or other public utility line or lines, if any, now existing therein and the right o ingress and egress for the maintenance and repair thereof. BE IT FURTHER ORDAINED that the City Engineer of the City of Roanoke be, and he hereby is, directed to mark "Permanently Abandoned, Vacated, Discontinued and Closed" the street hereinabove described on all maps and plats on file in the office of the City Engineer of the City of Roanoke, Virginia, on which said maps an( plats said street is shown, referring to the book and page of Ordinances and Reso- :lutions of Council wherein this Ordinance s'hall be spread. BE IT FURTHER ORDAINED that the Clerk of this Council deliver to the Clerk of the Hustings Court for the City of Roanoke, Virginia an attested copy of this Ordinance in order that the said Clerk may make proper notations on all maps or plats recorded in his said Office upon which are shown the said street herein permanently abandoned, vacated, discontinued and closed as provided by law, and may record same at the cost of petitioners, indexing the same in the name of the City of Roanoke as grantor and Fred P. Bullinqton, Adrienne G. Bullington, William J. Gausman and Anna H. ~ausman as grantee. ATTE ST:-~ Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of September, 1971. No. 19863. AN ORDINANCE permitting an encroachment of not more than four feet of a marquee over and into the south right-of-way on Church Avenue, for a distance of approximately twenty-six feet, said marquee to be erected on the north side of a building located on Official No. 1012307, upon certain terms and conditions. WHEREAS, Security National Bank of Roanoke, lessee of the property hereinafter described, on which the building of said firm is situate, located at 24 West Church Avenue, requested that it be permitted to erect a marquee over the public right-of-way so that said new marquee would extend upon but not more than four feet into the south public street area of Church Avenue, said new marquee to be approximately twenty-six feet in length along said right-of-way; and WHEREAS, the City Planning Commission has recommended that the request of said applicant be granted as provided herein, a sketch of the proposed con- struction having been made and filed in the office of the City Clerk; and WHEREAS, pursuant to the authority vested in local goveming bodies by ~ 15.1-376 of the'1950 Code of Virginia, as amended, and as provided in Sec. 4., Chapter 7, Title XV of the Code of the City of Roanoke, 1956, as amended, this Council is agreeable to said applicant's proposal and is willing to permit the en- croachment hereinafter mentioned over and into not more than four feet of the southerly right-of-way area for the public street abutting said applicant's proper- ty,.upon the terms and conditions hereinafter contained. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, that permission be, and is hereby granted Security National Bank of Roanoke, lessee of a portion of the lot described as Official No. 1012307, on which the building occu- pied by said company at 24 West Church Avenue is located, on the south side of said Church Avenue, to erect a marquee to the side of said building, approximately twenty-six feet in length along said Church Avenue, which said new marquee may en- croach northerly for a depth of not more than four feet and for the full height of said marquee over the south right-of-way line and into the public street area on the south line of Church Avenue, abutting the aforesaid lot, as the said marquee is indicated on a certain sketch showing the location and height of the same, a copy of which sketch is on file in the office of the City Clerk, said new marquee to be properly and safely constructed and maintained at the expense of the afore- said applicant, or its assigns, or successors in interest, on permit issued there- for by the Building Commissioner and in accordance with the provisions of Chapter 7 Title XV, of the Code of the City of Roanoke, 1956, as amended, and such of the City's Building regulations and requirements as are applicable thereto and subject, also, to all of the limitations contained in ~ 15.1-376 of the 1950 Code of Virginia, abovementioned; it to be agreed by said permittee that by making and main. raining such encroachment, said permittee and its assigns or successors in interest agree to indemnify and save harmless the City of Roanoke of and from all claims for injuries or damages to persons or property that may arise by reason of the encroachment of said marquee over said public street area. BE IT FURTHER ORDAINED that the provisions of this ordinance shall not become fully effective until such times as a written permit shall have been issued by the City's Building Commissioner to the aforesaid applicant, or its duly autho- rized contractor or representative, and until an attested copy ff this ordinance shall have been duly signed, sealed and acknowledged by the said Security National Bank of Roanoke, and shall have been admitted to record, at the cost of said permittee, in the Clerk's Office of the Hustings Court of the City of Roanoke. EXECUTED and accepted by the undersigned this day of , 1971; SECURITY NATIONAL BANK OF ROANOKE ATTEST: President Secretary STATE OF VIRGINIA CITY OF ROANOKE To-wit: , a Notary Public in and for the City of Roanoke, State of Virginia, do hereby certify that and President and Secretary, respectively, of Security National Bank of Roanoke, whose names are signed to the foregoing writing bearing date the ___day of , 1971, have this date personally appeared before me in my City and State aforesaid and acknowledged the same. GIVEN under my hand this day of ,1971. My commission expires: ATTE ST: Deputy City Clerk APPROVED Notary Public Mayor 6 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of September, 1971. No. 19869. AN ORDINANCE to amend and reordain Section ~11, "Purchasing Agent," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =11, "Purchasing Agent," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: PURCHASING AGENT ~11 Extra Help (1) ............................ $1,050.00 (1) Net increase $450.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passaqe. ATTE ST: ~/~0~-~ Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of September, 1971. No. 19870. AN ORDINANCE to amend and reordain Section =320, "Water-General Expense, of the 1971-72 Water Fund Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Councilof the City of Roanoke that Section =320, "Water-General Expense," of the 1971-72 Water Fund Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: WATER - GENERAL EXPENSE ~320 Refund Connection Charges (1) ............. $4,000.00 (1) Net increase ........ $3,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTE ST: /.,,) Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of September, 1971. No. 19871. AN ORDINANCE to amend and reordain Section ~450, "Water," of the 1971-72 Water Fund Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =450, "Water," of the 1971-72 Water Fund Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: WATER ~450 819 - Williamson Road Pumping (1) ............ $70,000.00 820 - Main Extensions (2) .................... 70,000.00 (1) Net decrease ...... $70,000.00 (2) Net increase-- 70,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. AT TE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of September, 1971. No. 19872. AN ORDINANCE to amend and reordain Section =450, "Water," of the 1971-72 Water Fund Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~450, "Water," of the 1971-72 l~ater Fund Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: WATER ~450 722 - Purchase of land - Sewage Treatment Plant .............................. $35,250.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANDKE, VIRGINIA, The 27th day of September, 1971. No. 19873. AN ORDINANCE exercising the right to purchase approximately 33.25 acres of land situate in Big Lick Mapisterial District, in Roanoke County, Virginia, ad- jacent to the existing City of Roanoke Sewage Treatment Plant, and needed for said plant's expansion, upon certain terms and provisions; providing for notice of the City's exercise of said purchase options; providing for payment of the purchase prices thereof upon delivery of deeds to the City and for recordation of such deeds; and providing for an emergency. WHEREAS, the City of Roanoke, on August 2, and August 4, 1971, entered into purchase option agreements with the owners of certain land situate in the Big Lick Magisterial District, in Roanoke County, Virginia, whereby the City was granted the option to purchase said land upon certain terms and provisions herein- after set forth; and WHEREAS, the City of Roanoke, in order to expand its Sewage Treatment Plant, deems it necessary to purchase said land for such enlargement of facilities, and funds sufficiemt for the payment of the purchase prices have heretofore been appropriated by the Council; and WHEREAS, the Real Estate Committee and the Sewer Committee have recommended the purchase of the property hereinafter described, in which recommen- dation the Council concurs. WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passaoe. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City's right to purchase those two certain tracts or parcels of land situate in the Big Lick Magisterial District, in Roanoke County, Virginia, lying south of the Roanoke River, east of the corporate limits of the City of Roanoke and north of Virginia State Route 825, containing, in the aggregate, 33.25 acres, more or less, from Clifton C. Jones, Jr. and Arbutus B. Jones, husband and wife, and from the Roanoke Valley Citizens Band Radio Club, Inc., pursuant to written purchase option agreements dated the 2nd and 4th days of August, 1971, respectively, made by the City with said parties, be and is hereby exercised, and the City Attorney be and is hereby directed to notify, forthwith, said owners, of the City's aforesaid election, by mailing to them, by certified mail, an attested copy of this ordinance BE IT FURTHER ORDAINED that, upon certification by the City Attorney of good title to said land and upon delivery to the City of good and sufficient deeds of conveyance, prepared and approved by the City Attorney and made with~General Warranty of Title and Modern English Covenants, the City Auditor be and is hereby authorized and directed to issue and deliver to the City Attorney for delivery to said owners the City's checks, payable as follows, viz: a. To Clifton C. Jones, Jr. and Arbutus B. Jones - $32,250.00 b. To Roanoke Valley Citizens Band Radio Club, Inc. - $3,000.00, in payment of the agreed purchase prices of said land; thereafter said deeds to be recorded in the Clerk's Office of the Circuit Court of the County of Roanoke, Virginia. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance shall be in force and effect upon its passage. ATTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of September, 1971. No. 19874. A RESOLUTION acknowledging to the Board of Supervisors of Roanoke County the expeditious manner in which the City's petition for a zoning reclassification of certain property was processed by the Board of Supervisors and other County agen cies and officials. WHEREAS, the City of Roanoke, on August 23, 1971, filed with the Board of Supervisors of Roanoke County, a petition for the rezoning of certain property situate in Roanoke County adjacent to the City's Sewage Treatment Plant; and 10 WHEREAS, the Board of Supervisors of Roanoke County and other agencies and officials of the County have acted upon the petition in expeditious manner and the Board of Supervisors, on September 22, 1971, upon the recommendation of the Roanoke County Planning Commission, reclassified said property so that it may be utilized in the expansion of the City of Roanoke Sewage Treatment Plant. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council does acknowledge to the Board of Supervisors of Roanoke County, the manner in which said City's petition for a zoning classification of certain property situate in Roanoke County adjacent to the City's Sewage Treatment Plant, filed August 23, 1971, was received and duly considered and acted upon by said Board of Supervisors and other agencies and officials of Roanoke County. BE IT FURTHER RESOLVED that the City Clerk transmit an attested copy of this resolution to the Chairman of the Board of Supervisors of Roanoke County. ATTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of September, 1971. No. 19875. A RESOLUTION authorizing the City Manager to direct a letter to Total Action Against Poverty in the Roanoke Valley permitting said organization to establish janitorial personnel within Harrison Elementary School for custodial purposes. WHEREAS, the City Manager has by report dated September 27. 1971, advised the Council that, at this time, and due to certain unresolved difficulties con- cerning the physical condition of the property, the City and Total Action Against Poverty in the Roanoke Valley are not in position to enter into a lease agreement for the use of Harrison Elementary School as a day care operation, as has been proposed by said other agency, and, as an interim measure, the City Manager recommends that he be authorized to permit said organization to establish janitorial personnel within the school building to provide custodial services until a lease agreement has been approved and becomes effective; in which recommendation, the Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be, and is hereby authorized to direct a letter to Total Action Against Poverty in the Roanoke Valley permitting said organization, at its expense, to establish janitorial personnel at the former Harrison Elementary School for cus- todial services at said building. APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of September, 1971. No. 19876. AN ORDINANCE authorizing the City's execution of certain contracts for furnishing to the Federal Aviation Administration of the Department of Transporta- tion, United States of America, certain services in spaces in Building No. 1 a~ in the Airport Traffic Control Tower and certain other places at Roanoke Municipal Airport, now leased to said agency; and providing for an emergency. WHEREAS, the United States of America and its agency, Federal Aviation Administration, desires that the City enter into agreement to provide heat, janitor service, water and sanitary facilities and air conditioning for certain spaces in certain buiMings and locations at the Roanoke Municipal Airport now leased by the City to the Government, for which the Government would pay the City the monthly sums hereinafter provided and retroactive to the dates hereinafter set out and for the term~ hereinafter provided; and the Government has tendered to the City propose( award/contracts for such service agreement, drawn on U. S. Standard Form 26, July 1966, General Services Administration,copies of which proposed award/contracts are on file in the office of the City Clerk; and WHEREAS, the City Manager has recommended that said service contracts be authorized to be executed on behalf of the City; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows, viz: 1. That the City Manager be, and he is hereby authorized and directed to execute, for and on behalf of the City, that certain written award/contract drawn on U. S. Standard Form 26, July, 1966, General Services Administration, as Contract DOT-FA69EA-5182, pursuant to which the City would agree to furnish Federal Avaiatio Administration necessary heat, janitor service, water and sanitary facilities and air conditioning for approximately 3,388 square feet of space comprising the FAA offices and areas located in Building No. 1 at Roanoke Municipal Airport now under lease by the City to said agency, said service contract to be for the period commencing as of February 1, 1969, and ending June 30, 1969, but renewable from year to year thereafter, at the Government's option; provided no such renewal exten beyond June 30, 1974; said Government to pay to the City therefor the sum of $1,000.77 per month commencing as of and retroactive to February 1, 1969, provided adequate annual appropriations are made by the Government for payment of said rate; the Government"s option to renew said contract from year to year to be deemed exercised by the Government unless the Government gives the City thirty (30) days notice that it will not exercise such option; said contract to be upon such terms and provisions as are set out and contained on the award/contract form on file in the office of the City Clerk, as aforesaid, and as are approved by the City Attorney; and 2. That the City Manager be, and he is hereby authorized and directed to execute, for and on behalf of the City, that certain written award/contract drawn on U. S. Standard Form 26, July 1966, General Services Administration, as Contract DOT-FA69EA,5253, pursuant to which the City would agree to furnish Federal Aviation Administration necessary heat, air conditioning, water, sanitary facilities and janitor services for the space in said agency's Airport Traffic Control Tower located in the Terminal Building, at the Romoke Municipal Airport, said Airport Traffic Control Tower being now under lease by the City to said agency said service contract to be for the period commencing as of July 1, 1969, and ending June 30, 1970, but renewable from year to year thereafter at the Government' option, provided no such renewal extend beyond June 30, 1979, said Government to pay to the City therefor the sum of $675.61 per month commencing as of and retro- active to July 1, 1969, provided adequate annual appropriations are made by the Government for payment of said rate; the Government's option to renew said contract from year to year to be deemed exercised by the Government unless the Government gives the City thirty (30) days notice that it will not exercise such option; said contract to be upon such other terms and provisions as are approved by the City Attorney. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage. AT TE ST: ~o--lJ~.-- Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of September, 1971. No. 19877. AN ORDINANCE amending and reordaining Sec. 1 and Sec. 2., Chapter 4, Title VIII, of the Code of the City of Roanoke, 1956, as amended, relatinn to each lessee providing a performance bond and insurance for each activity or performance at the Municipal Stadium and Athletic Field; and providing for an emergency. WHEREAS, the City Manager has recommended to the Council the advisability of making certain amendments to the provisions of Chapter 4, Municipal Stadium and Athletic Field, Title VIII, Public Buildinqs and Propert. y, of the Code of the City of Roanoke, 1956, as amended, in which recommendation the Council concurs; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect immediately upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec. 1. and Sec. 2. Chapter 4, Title VIII, of the Code of the City of Roanoke, 1956, as amended, be and said sections are hereby amended and reordained to read and provide as follows: Sec. 1. Performance bond. Each lessee of the Municipal Stadium and Athletic Field shall place with the city clerk, at least seventy-two hours prior to the time of the first scheduled activity or per- formance, a cash bond or bond with corporate surety, in form and amount to be approved by the city manager, con- ditioned upon performance of the conditions of any leasing contemplated in section 5 of this ch~te~ Sec. 2. ~nsurance. Each lessee shall procure its own liability insurance in amounts of not less than one hundred thousand dollars for one person and three hundred thousand dollars for one accident. A certificate or policy of insurance, acceptable to the City Manager, shall be deposited with the City Clerk not less than seventy-two hours prior to the time of the activity or performance covered. BE IT FURTHER ORDAINED, that an emergency existing, this ordinance shall be in force and effect upon its passage. ATTEST APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of September, 1971. No. 19878. A RESOLUTION approving an amendment of a certain Grant Contract with the United States of America for Open Space Project No. Va 0SA-28 DL dated January 19, 1968; and authorizing and providing for the City's execution of Amendatory Contract for Grant No. 1, so as to increase the amount of the grant to the City from $2,150.00 to $4,122.00. WHEREAS, the City of Roanoke has heretofore entered into a certain Con- tract for Grant dated as of January 19, 1968, with the United States of America with respect to a grant by the Government to assist said City in carrying out its certain Open Space Project designated as Project No. Va 0SA-28 DL; and WHEREAS, the City and the Government desire to amend the said Contract For Grant in certain respects, and the Government pursuant thereto has submitted to the City for execution a certain Amendatory Contract For Grant No. 1, which said Amendatory Contract is satisfactory to the Council. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Grant Contract heretofore entered into under date of January 19, 1968, between the City of Roanoke and the United States of America for Open Space Project No. Va 0SA-28 DL be amended; and that an Amendatory Contract.be entered in- to between the City of Roanoke and the United States of America in the lo, owing words and figures, viz: Va 0SA-28 DL PrOject No. Va OSA-28-DL (G) Project No. THIS AMENDATORY CONTRACT FOR GRANT, entered into on the date set out below by and between City of Roanoke (herein called the "Public Body") and the United States of America (herein called the "Government"), WITNESSETH: WHEREAS, the Public Body and the Government entered into a certain Con- tract For Grant dated as of January 19, 1968 with respect to a grant by the Government to assist the Public Body in carrying out the above designated Project; and WHEREAS, the Public Body and the Government desire to amend the said Contract For Grant in certain respects, NOW, THEREFORE, in consideration of the mutual covenants recited herein, it is agreed that the said Contract For Grant be and the same is hereby amended as follows; In Sec. 4 of Part I "$2,150" is deleted and "$4,122" is substituted in lieu thereof. IN WITNESS WHEREOF, this Amendatory Contract For Grant has been executed in the name and on behalf of the Public Body by the undersigned officials and in the name and on behalf of the Government by the undersigned official, as of (SEAL) , 1971. ATTEST: (Signature) CITY OF ROANOKE (Public Body) By (Signature) City Manager Dc luty City Clerk UNITED STATES OF AMERICA Secretary of Housing and Urban Development By. Assistant Regional Adminis- trator for Metropolitan Development, Region III BE IT FURTHER RESOLVED that the City Manager be, and is hereby authorized and directed to execute the aforesaid Amendatory Contract in the name and on behalf of the City of Roanoke, in as many counterparts as may be necessary, and that the City Clerk is hereby authorized and directed to affix or impress the official seal of said City thereon, and to attest the same; and that the City Manager forward said executed counterparts of said Amendatory Contract to the Government; together with such other documents evidencing the approval and authoriz~ tion to execute the same as may be required by the Government. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of September, 1971. No. 19879. AN ORDINANCE to amend and reordain Section ~69, "Refuse Collection and Disposal," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~69, "Reufse Collection and Disposal," of the 1971-72 Appropriation Ordi- nance, be, and the same is hereby, amended and reordained to read as follows, in part: REFUSE COLLECTION AND DISPOSAL ~69 Vehicular Equipment-Replacement (1) ........... $142,563.69 (1) Net increase ....... $7,263.69 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTE ST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of September, 1971. No. 19880. AN ORDINANCE providing for the sale to the City of seven (7) refuse packer bodies' to be mounted by said supplier on seven (7) new trucks to be furnishe by another supplier, for use by the Department of Public Works, by accepting a certain proposal made therefor; rejecting certain other bids made to the City for furnishing said equipment; and providing for an emergency. WHEREAS, on September 8, 1971, and after due and proper advertisement had been made therefor, six (6) bids, with certain alternates, for the sale to the City of seven (7) refuse packer truck bodies hereinafter mentioned were opened in the office of the City's Purchasing Agent by three members of a committee appointed for the purpose, and thereafter were tabulated and studied by the committee which has made written report and recommendation to the Council through the City Manager; and WHEREAS, the City Manager, concurring in the committee's report, has transmitted the same to the Council, recommending award of the contract as herein- after provided; and the Council, considering all of the same, has determined that the bid hereinafter accepted is the lowest and best bid made to the City for the supply of said equipment and that funds sufficient to pay for the purchase price o said equipment have been appropriated; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the proposal of Sanco Corporation, of Winston-Salem, North Carolina, to furnish and deliver to the City seven (7) new Dumpster Routeking DRK-20 refuse packer bodies, to be installed by said supplier at its plant on seven (7) new International Harvester truck chassis delivered at said plant by another of the City's suppliers, at a unit price of $7,905.00, a gross price of $55,335.00 to be paid by the City to said Sanco Corporation upon delivery of the installed packer bodies, f.o.b., Roanoke, in full accordance with the City's specifications and requirements made therefor and with said bidder's written proposal made to the City, be, and said proposal is hereby ACCEPTED; and the City Purchasing Agent be, and he is hereby authorized and directed, for and on behalf of the City, to issue appropriate pur- Chase order to said company in accordance herewith and subject to the abovementione specifications and requirements. BE IT FURTHER ORDAINED that the proposals of the other five (5) bidders for the supply of the aforesaid equipment be, and said other proposals are hereby REJECTED; and the City Clerk shall so notify each said other bidder and shall ex- press to each the City's appreciation for the submission of said bids. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in full force and effect upon its passage. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of September, 1971. No. 19881. AN ORDINANCE providing for the City's purchase of seven (7) trucks with cabs and chassis for use by the Department of Public Works by accepting a certain proposal made therefor; rejecting certain other bids made to the City for fur- nishing said equipment; and providing for an emergency. WHEREAS, on September 22, 1971, and after due and proper advertisement had been made therefor, four (4) bids for the supply to the City of seven (7) trucks, equipped as hereinafter mentioned, were opened in the office of the City's Purchasing Agent by three members of a committee appointed for the purpose, and thereafter were tabulated and studied by the committee which has made written reporl and recommendation to the Council through the City Manager; and WHEREAS, the City Manager, concurring in the committee's report, has transmitted the same to the Council, recommending award of the contract as herein- after provided; and the Council, considering all of the same, has determined that the bid hereinafter accepted is the lowest and best bid made to the City for the supply of said equipment and that funds sufficient to pay for the purchase price of said equipment have been appropriated; and WHEREAS, it is necessary for the usual daily operation of the Municipal Government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the proposal of International Harvester Company to sell to the City seven (7) new Inter- national Harvester Model IH F2050 trucks, equipped with cabs and chassis, in full accordance with the City's specifications and requirements made therefor and with said bidder's written proposal, for a gross purchase price of $86,000.00, plus freight charges of $928.69 for delivery of said trucks by the supplier to Sanco Corporation, in Winston-Salem, North Carolina, but with a trade-in allowance of $2,000.00 to the City for eight (8) of the City's old refuse trucks offered on the purchase, a net price of $84,928.69, cash, to be paid by the City to International Harvester Company, be, and said proposal is hereby accepted; and the City Purchasin, Agent be, and he is hereby authorized and directed, for and on behalf of the City, to issue appropriate purchase order to said company in accordance herewith and subject to the abovementioned specifications a~d requirements. 18 BE IT FURTHER ORDAINED that the proposals of the other three (3) bidders for the supply of the aforesaid equipment be, and said other proposals are hereby REJECTED; and the City Clerk shall so notify each said other bidder and shall ex- press to each the City's appreciation for the submission of said bids. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in full force and effect upon its passage. ATTE ST:/-~ Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of September, 1971. No. 19882. AN ORDINANCE authorizing the purchase of one new tandem street roller for use in street repair by the Department of Public Works, upon certain terms and provisions, by accepting the bid made to the City by A. E. Finley g Associates of Virginia, Inc.; rejecting certain other bids; and providing for an emergency. WHEREAS, on September 10, 1971, and after due and proper advertisement had been made therefor, five (5) bids for the supply to the City of a new tandem street roller were opened in the office of the City's Purchasing Agent by three members of a committee appointed for the purpose, and thereafter were tab dated and studied by the committee which has made written report and recommendation to the Council through the City Manager; and WHEREAS, the City Manager, concurring in the committee's report, has transmitted the same to the Council, recommending award of the contract as herein- after provided; and the Council, considering all of the same, has determined that the bid hereinafter accepted is the lowest and best bid made to the City for the supply of said machine, and that funds sufficient to pay for the purchase price of said machine have heretofore been appropriated for the purpose; and WHEREAS, for the usual daily operation of the municipal government, an emergency is deemed to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the bid of A. E. Finley & Associates of Virginia, Inc., to sell and deliver to the City in full accordance with the City's specifications made therefor and with said bidde: proposal, one new Galion tandem street roller for the total price of $9,477.30, les a trade-in allowance of $200.00 for the City's old street roller, a net price of $9,277.30 to be paid by the City, delivered f.o.b., Roanoke, Virginia, as set out 's 1c. in the specifications, be, and is hereby ACCEPTED; and the City Purchasing Agent is hereby authorized and directed, for and on behalf of the City, to issue the requi- site purchase order for said new tandem roller to the successful bidder, the same to be paid ~ r upon acceptance by the City out of funds heretofore appropriated for the purpose. BE IT FURTHER ORDAINED that the other four (4) bids received by the City for furnishing such machine be, and said other bids are hereby REJECTED, the City Clerk to so notify said other bidders and to express to each bidder the City's appreciation for said bid. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance be in full force and effect upon its passage. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of September, 1971. No. 19883. AN ORDINANCE providing for the purchase and acquisition of a hydraulic sewer cleaner for use in the repair of the interior of sanitary sewer lines, upon certain terms and conditions; rejecting certain bids made for the supply of said equipment; and providing for an emergency. WHEREAS, after due and proper advertisement had been made therefor, five (5) bids for the supply of the equipment hereinafter authorized to be purchased were opened and read before the committee appointed by Council for the purpose of receiving and opening such bids; and WHEREAS, said committee has reported in writing to the Council under dar of September 7, 1971, that the bid hereinafter accepted is'the lowest and best bid made to the City as the result of such advertisement, and should be accpeted; and WHEREAS, funds sufficient for the payment of the purchase price of the equipment authorized to be purchased have been appropriated for the purpose and it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED, by the Council of the City of Roanoke that thc bid of Cary Hall Machinery Company, Incorporated, of Richmond, Virginia, to furnish and supply to the City a hydraulic sewer cleaner, John Bean Model No. 6520, in full compliance with the City's specifications made therefor, for use in the repair of sanitary sewer lines for a total net purchase price of $15,962.22, cash, be and sai 2O proposal is hereby ACCEPTED; and the City's Purchasing Agent is hereby authorized and directed to issue to the successful bidder the City's purchase order for the aforesaid new equipment, incorporating into said purchase order the City's afore- said specifications, said bidder's proposal and guarantees and warranties, and the provisions of this ordinance; and upon delivery to the City and the City's accep- tance of said new equipment, the proper City officials shall be and are hereby authorized and directed to make requisite payment to said successful bidder for the aforesaid purchase price, not to exceed the sum hereinabove set out. BE IT FURTHER ORDAINED that the other bids made to the City for the supply of the aforesaid equipment be, and said other bids are hereby REJECTED; the City Clerk to so notify said other bidders and to express to each the City's appreciation of said bids. BE IT FINALLY ORDAINED that, an emergency existing, this Ordinance be in full force and effect upon its passage. ATTEST: ~~ Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of September, 1971. No. 19884. AN ORDINANCE providing for the purchase or one (1) new 4-wheel, dual control, street sweeper for use by the City's Department of Public Works upon cer- tain terms and conditions; accepting a certain bid made to the City for furnishing and delivering said equipment; rejecting another bid made to the City; and pro- viding for an emergency. WHEREAS, on September 10, 1971, and after due and proper advertisement had been made therefor, certain bids for the supply to the City of the equipment hereinafter mentioned were opened in the office of the City's Purchasing Agent by three members of a committee appointed for the purpose, and thereafter were tabulated and studied by the committee which has made written report and recommen- dation to the Council; and WHEREAS, the Council, considering all of the same, has determined that the bid hereinafter accepted is the lowest and best bid meeting all of the specifi- cation made therefor made to the City for the supply of said equipment, and that funds sufficient to pay for the purchase price of said equipment have been or are being appropriated, and that the other said bid should be rejected; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the bid of A. E. Finley ~ Associates of Virginia, Incorporated, made to the City, offer to furnish and deliver to the City, f.o.b., Roanoke, Virginia, one new Mobile TE-4, 4-wheel, dual control, street sweeper, said unitto have automatic transmission and air conditioning, fully meeting all said City's specifications and requirements mad, therefor, for a total purchase price of $19,555.72, be, and said bid is hereby ACCEPTED; and the City's Purchasing Agent be, and he is hereby authorized and directed to issue the requisite purchase order therefor, incorporating into said purchase order the City's aforesaid specifications, the terms of said bidder's proposal, and the terms and provisions of this ordinance; the cost of said vehicle, when delivered, to be paid for out of funds heretofore or contemporaneously being appropriated for the purpose; and upon delivery to the City of the aforesaid equip- ment and ~ on the City's acceptance of the same, the City Auditor shall be, and he is hereby authorized and directed to make requisite payment to said successful bidder of the aforesaid purchase price, not to exceed the sum hereinabove set out. BE IT FURTHER ORDAINED that the other bid made to the City for the supply of the aforesaid equipment be, and said other bid is hereby REJECTED; the City Clerk to so notify said other bidder and to express to him the City's apprecia- tion of said bid. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance shall be in full force and effect upon its passage. AT TE ST: /~ Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of September, 1971. No. 19885. AN ORDINANCE providing for the City's purchase of a new tractor with backhoe and front end loader for use by the Department of Public Works, by acceptin, a certain proposal of Baker Brothers, Inc., made therefor; rejecting certain other bids made to the City for furnishing such machine; and providing for an emergency. WHEREAS, on September 10, 1971, and after due and proper advertisement had been made therefor, six (6) bids made to the City for the supply to the City of a new tractor, equipped as hereinafter provided, were opened in the office of the City's Purchasing Agent by three members of a committee appointed for the purpose, 22 and thereafter were tabulated and studied by the committee which has made written report and recommendation to the Council through the City Manager; and WHEREAS, the City Manager, concurring in the committee's report, has transmitted the same to the Council, recommending award of the contract as herein- after provided; and the Council, considering all of the same, has determined that the bid hereinafter accepted is the lowest and best bid made to the City for the supply of said machine and that funds sufficient to p~y for the purchase price of said equipment have been appropriated; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the written proposal or Baker Brothers, Inc., to sell and deliver to the City one new Case tractor, equipped with a 1 1/2 cubic yard front end loader and a backhoe, in full accordance with the City's specifications and requirements made therefor and with said bidder's written proposal, for a purchase price of $21,830.00, less a trade-in allowance of $8,350.00 for the City's old tractor offered on the purchase, a net price of $13,480.00, cash, delivered to the City, f.o.b., Roanoke, be, and said proposal is hereby ACCEPTED; and the City Purchasing Agent be, and he is hereby authorized and directed, for and on behalf of the City, to issue appro- priate purchase order to said company in accordance herewith and subject to the above-mentioned specifications and requirements. BE IT FURTHER ORDAINED that the proposals of the other five (5) bidders for the supply of the aforesaid machine be, and said other proposals are hereby REJECTED; and the City Clerk shall so notify each said other bidder and shall ex- press to each the City's appreciation for the submission of said bids. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in full force and effect upon its passage. f~ ATTE ST: /~ Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of September, 1971. No. 19886. AN ORDINANCE awarding a contract for cleaning, painting and related mino repair work of the interior and exterior of a certain 250,000 gallon elevated water tank belonging to the City; and providing for an emergency. WHEREAS, by report made by the City Manager the Council is advised that after due and proper advertisement therefor, four (4) bids for the cleaning, paintil g and related minor repair work of the interior and exterior of the City's 250,000 gallon elevated water tank known as Grandin Court No. 1 Tank, were opened and read on September 10, 1971, in the office of the City's Purchasing Agent, which bids were thereafter examined and tabulated by the committee receiving the same, and re- port thereof was made to the City Manager; and WHEREAS, the City Manager had reported to the Council that after study of the same, it appears that the proposal of Stetsco Service Company represents the lowest and best bid made to the City for work needed to be done, and said City Manager has recommended that said bid be accepted; and WHEREAS, there has been appropriated by the Council a sum sufficient to pay the cost of the contract hereinafter authorized to be entered into, and for the usual daily operation of the municipal government an emergency is declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the bid of Stetsco Service Company of Charlotte, North Carolina, for furnishing all labor, tools, equipment and materials necessary for cleaning and painting the in- terior and exterior of the City's 250,000 gallon elevated water tank known as Grandin Court No. 1 Tank, for a lump sum of $6,181.00, including replacement of necessary rivets and welding found necessary in the course of cleaning and ordered performed by the City, as set out in the aforesaid City Manager's report, be, and said bid is hereby ACCEPTED; and that the City Manager be, and he is hereby authori ed and directed, for and on behalf of the City, to execute a requisite contract with the aforesaid bidder in accordance with the terms and conditions of this ordinance, said bidder's proposal and the City's specifications made for said work, said con- tract to be upon such form as is approved by the City Attorney, and the cost to be paid out of funds heretofore appropriated by the Council for the purpose. BE IT FURTHER ORDAINED that the other three (13) bids received by the Cit for the performance of the aforesaid work be, and are hereby REJECTED; the City Clerk to so notify said other bidders, and to express to each the City's apprecia- tion of receipt of their respective bids. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage. APPROVED ATTE ST://~~ Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA. The 27th day of September, 1971. No. 19887. A RESOLUTION authorizing the Cou.cil's Real Estate Committee to arra.ge for the City's offeri.9 for sale at public auctio- of certai, lots a-d parcels of land owned by the City but not needed for any public purpose or use, under certain terms and provisions and after due advertising of the sale of said properties. WHEREAS, the Real Estate Committee, in report to the Council dated September 27, 1971, made with reference to one hundred five lots or parcels of land owned by the City, has recommended that said properties be offered for sale to the general public, at public auction, to the highest bidder for cash, the Committe advising that, after careful screening of all properties owned by the City not, at the time, being devoted to public use, it is considered by the Real Estate Commit- tee and by the City's Planning Department and other departments of the City that the properties herein referred to will not, in the foreseeable future, be required for use by the City, and should be disposed of; and WHEREAS, this Council, considering the Committee's report, concurs in the aforesaid recommendation. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Real Estate Committee be, and is hereby authorized and empowered to arrange for the City's offering for sale.at public auction to the highest bidder for cash each of those certain one hundred five odd lots or parcels of land now owned by the City but which are not now used or needed to be held for future use by the City for any public purpose. BE IT FURTHER RESOLVED that prior to the offering for sale at auction of any such lot or lots, notice of such sale or sales be caused to be duly advertised by notice thereof, approved as to form by the City Attorney, published at least once a week for two (2) successive weeks prior to such sale in a daily newspaper of general circulation in the City, in which notice or advertisement, as well as at an ensuing auction held pursuant thereto, shall be reserved the City's right to reject any or all bids made to the City for the purchase of any of said properties, and the further provision that all such sales shall be subject to the concurrence of the City Council expressed in an ordinance of the said Council. BE IT FURTHER RESOLVED that said Committee, in conducting any auction sale of properties of the City hereunder, shall have authority, if it so elects, to fix and set a minimum selling price for any one or more of the aforesaid proper- ties, by commencing the bidding on any such property in the name of the City and at such minimum price as is fixed or set by said Committee; and all that said Committee shall do hereunder shall be promptly reported to the City Council. APPROVED AT TE ST:~-~,~ Deputy City Clerk Mayor 2,; IN THE COUNCIL OF THE CITY OF ROANOKE, VIR6INIA, The 27th day of September, 1971. No. 19888. A RESOLUTION authorizin9 the issuance of a permit to authorize con- tinu~ ce of nonconforminq use of premises located at 2707 Richelieu Avenue, S. W., Official Tax No. 1062313. WHEREAS, the time havinq expired wherein, under the City's qeneral zoninq requlations, permit may be issued by the Commissioner of Buildinqs for con- tinuance of uses of property in the City made nonconforminq by the adoption of the City's 1966 zoninq requlations and the owner hereinafter named havinq made applica- tion to the Council that permission be qranted to continue the use of the premises hereinafter mentioned as a two-unit apartment dwellinq and throuqh inadvertance of the property owner of the premises no formal and timely application for issuance of a certificate of occupancy under the City's zoninq requlations for continuance of such nonconforminq use was made to the Commissioner of Buildinqs; and WHEREAS, the City Council, considerinq the matter, is of opinion to waive the requirement of due application for such permit and to authorize the Commissioner of Buildinqs to issue the same to said owner, such permit to be non- transferable. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Commissioner of Buildinqs be and is hereby authorized, upon due written applica tion beinq made therefor, to issue to Mrs. Adeline Delonq, as the owner, of the premises located at 2707 Richelieu Avenue, S. W., Official Tax No. 1062313, the improvements whereon consistinq of a two-unit apartment dwellinq, permit for con- tinuance of the nonconformin9 use and occupancy of such premises for the existinq two-unit apartment dwellinq upon express condition to be contained upon such permit and aqreed to by said owner that said permit shall not be transferable; the use of said premises, otherwise, to comply with all other qeneral ordinances and requlatio~ of the City. ATTEST: Deputy City Clerk APPROVED Mayor Proqram," IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of September, 1971. No. 19889. AN ORDINANCE to amend and reordain Section ~72, "Public Employment of the 1971-72 Appropriation Ordi~a. ce, and providi.g for a. emerqe.cy. 26 WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~t72, "Public Employment Program," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: PUBLIC EMPLOYMENT PROGRAM ~72 Personal Services .......................... $82,220.00 Travel Expense. ............................ 280.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTE ST: ~~ Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of September, 1971. No. 19890. AN ORDINANCE providing for the purchase and acquisition of In-Line Television inspection and repair equipment for use in the inspection and repair of the interior of sanitary sewer and storm drain lines, upon certain terms and conditions; and providing for an emergency. WHEREAS, after due and proper advertisement had been made therefor, a single bid for the supply of the equipment hereinafter authorized to be purchased was opened and read before the committee appointed by Council for the purpose of receiving and, opening such bids; and WHEREAS, said committee has reported in writing to the Council under date of September 29, 1971, that the bid hereinafter accepted is the lowest, best and only bid made to the City as the result of such advertisement, and should be accepted; and WHEREAS, funds sufficient for the payment of the purchase price of the equipment authorized to be purchase have been appropriated for the purpose and it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED, by the Council of the City of Roanoke that the bid of Cues, Inc., Orlando, Florida, to furnish In-Line Television inspection and repair equipment, in full compliance with the City's specifications made therefor for use in the inspection and repair of sanitary sewer and storm drain lines, to provide training for the City's personnel in the operation of such equipment and to insure the availability of service and parts for a total net put- chase price of $25,350.00, cash, be and said proposal is hereby ACCEPTED; and the City's Purchasing Agent is hereby authorized and directed to issue to the success- ful bidder the City's purchase order for the aforesaid new equipment, incorporated into said purchase order the City's aforesaid specifications, said bidder's propo- sal and guarantees and warranties, and the provisions of this ordinance; and upon delivery to the City and the City's acceptance of said new equipment, the proper City officials shall be and are hereby authorized and directed to make requisite payment to said successful bidder for the aforesaid purchase price, not to exceed the sum hereinabove set out. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shal be in force upon its passage. ATTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of October, 1971. No. 19891. AN ORDINANCE to amend and reordain Section =68000, "Schools - Project Second Step," and Section ~71000, "Schools - Tonic for Learning," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =68000, "Schools - Project Second Step," and Section ~71000, "Schools - Tonic for Learning," of the 1971-72 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: SCHOOLS - PROJECT SECOND STEP ~68000 Project Second Step (1) ................... $14,407.17 SCHOOLS - TONIC FOR LEARNING ~71000 Tonic for Learning (2) .................... $241,488.45 (1) Net decrease ..... $33,182.00 (2) Net increase ..... 33,182.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shal be in effect from its passage. ATTEST: ~~ Deputy City Clerk APPROVED Mayor 28 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of October, 1971. No. 19892. AN ORDINANCE to amend and reordain Section =37, "Public Assistance," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =37, "Public Assistance," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: PUBLIC ASSISTANCE =37 General Relief ........................... $225,000.00 Net decrease-- $25,800.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shal be in effect from its passage. ATTE ST:~- Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of October, 1971. No. 19893. AN ORDINANCE to amend and reordain Section =75, "Recreation, Parks and Recreational Areas," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency, i.s. declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~75, "Recreation, Parks. and Recreational Areas," of the 1971-72 Appropria- tion Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: RECREATION, PARKS AND RECREATIONAL AREAS ~75 Operating Supplies and Materials (1) ......... $25,055.00 AUtomobile Allowance (2) ..................... 2,340.00 (1) Net decrease- $180.00 (2) Net increase ....... 180.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTE ST: ~ D y ' ty Clerk APPROVED Mayor IN THE ,~ [ [ , ~l~ ~ ~ , ' !' OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of October, 1971. No. 19894. AN ORDINANCE providing for the purchase of one new front loading refuse compaction unit upon certain terms and conditions; accepting a certain bid made to the City for furnishing and delivering said equipment; rejecting other bids made to the City; and providing for an emergency. WHEREAS, on September 8, 1971, and after due and proper advertisement had been made therefor, certain bids for the supply to the City of the equipment hereinafter mentioned were opened in the office of the City's Purchasing Agent by three members of a committee appointed for the purpose, and thereafter were tabu- lated and studied by the committee which has made written report and recommendation to the Council through the City Manager; and WHEREAS, the City Uanager, concurring in the committee's report has transmitted the same to the Council, recommending award of the contract as herein- '.after provided; and the Council, considering all of the same, has determined that the bid hereinafter accepted is the best bid made to the City for the supply of ~said equipment, and that funds sufficient to pay for the purchase price of said ,equipment have been or are being appropriated; and WHEREAS, for the usual daily operatio:~ of the municipal government an emergency is declared to exist in order that this ordinance take effect upon its pa ssage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the ~bid of the Smith-Moore Body Company, Incorporated, made to the City, offering to furnish and deliver to the City, f.O.b., Roanoke, Virginia, one new Heil Model HFL-24, front loading refuse compaction unit, complete and mounted on a Diamond iReD Model CF 65-64D cab and chassis, fully meeting all of said City's specifications~ 'and requirements made therefor, for a total net purchase price of $26,434.82, cash, ibe and said bid is hereby ACCEPTED; and the City's Purchasing Agent be, and he is 'hereby authorized and directed to issue the requisite purchase order therefor, in- !corporating into said order the City's aforesaid specifications, the terms of said bidder's proposal, and the terms and provisions of this ordinance; the cost of said vehicle, when delivered, to be paid for out of funds heretofore or con- temporaneously being appropriated for the purpose; and upon delivery to the City !of the aforesaid vehicle and upon the City's acceptance of the same, the City Auditor shall be, and he is hereby authorized and directed to make requisite pay- iment to said successful bidder of the aforesaid purchase price, not to exceed the .~sum hereinabove set out. BE IT FURTHER ORDAINED that the other bids made to the City for the isupply of the aforesaid vehicle be, and said other bids are hereby REJECTED; the City Clerk to so notify said other bidders and to express to each the City's ~ppreciation of said bids. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be iin full force and effect upon its passage. CTTEST: Deputy City Clerk APPROVED Uayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The `1th day of October, 1971. No. 19895. AN ORDINANCE providing for the City's purchase of a new tandem motor grader for use by the Department of Public Works, by accepting a certain proposal of Carter Machinery Company, Inc., of Salem, Virginia, made therefor; rejecting certain other bids made to the City for furnishing such machine; and providing for and emergency. WHEREAS, on September 28, 1971, and after due and proper advertisement had been made therefor, three (3) bids made to the City for the supply to the City Df a new tandem motor grader equipped as hereinafter provided, were opened in ~he office of the City's Purchasing Agent by three members of a committee appointed for the purpose and thereafter were tabulated and studied by the committee which ha ~ade written report and recommendation to the Council through the City Manager; and WHEREAS, the City Manager, concurring in the committee's report, has ~ransmitted the same to the Council, recommending award of the contract as herein- ~fter provided; and the Council, considering all of the same, has determined that the bid hereinafter accepted is the best bid made to the City for the supply of said ~achine and that funds sufficient to pay for the purchase price of said equipment have been appropriated; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the bid of Carter Machinery Company, Inc., made to the City, offering to furnish and deliver to the City, on a guaranteed maximum total cost basis one (1) new Caterpillar ~120, tandem motor grader, fully meeting all of the City's specifications and require- ~ments made therefor, for a net purchase price of $25,459.00, cash, with a written ~uarantee to the City that the repair cost of said tractor over a period of five ears or 7,500 hours, whichever occurs first, shall not exceed the sum of $2,9`17.00, i~nd with a further written grarantee that said bidder will later, at the end of a Five-year period offer to the City a repurchase price of $15,,t32.00 for said tractor be, and said bid is hereby ACCEPTED. BE IT FURTHER ORDAINED that the City Manager be, and he is hereby ?authorized and directed to enter into a requisite written contract to be approved iby the City Attorney and to contain all the requirements, specifications and iprovisions made of said bidder for the supply of the aforesaid machine including I ' iseeurity of said guarantees, said bidder's proposal and the terms and provisions of ilthis ordinance; and, upon delivery to the City of the aforesaid new machine and !: i~ritten guarantees and upon said City's acceptance of the same, the City Auditor i~shall be, and he is hereby authorized and directed to make requisite payment to i~aid bidder of the net purchase price. 31 BE IT FURTHER ORDAINED that the proposals of the other bidders for the supply of the aforesaid machine be, and said other proposals are hereby REJECTED; and the City Clerk shall so notify each said other bidder and shall express to each ithe City's appreciation for the submission of said bids. ibc BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall in full force and effect upon its passage. APPROVED ATTE ST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of October, 1971. No. 19896. A RESOLUTION authorizing the negotiation of short-term loans for the purpose of paying current expenses or debts of the City. WHEREAS, this Council is advised and has determined that the City will need to negotiate and secure short-term loans of money for the purpose of paying current expenses and debts of the City; and WHEREAS, the amount of short-term loans to the City hereinafter autho- rized to be negotiated would aggregate less than ten per centum of the revenue from all sources collected by the City in the preceding fiscal year. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that, as authorized by Sec. 49 of the Roanoke Charter of 1952, as amended, the City Auditor be, and he is hereby authorized to negotiate and secure for the City short- term loans of money to the City, from time to time, during the-current fiscal year expiring June 30, 1972, in such amounts as are necessary to pay current expenses and debts of the City, the total amount of all such short-term loans to the City heretofore or hereafter made, outstanding at any one time, not to exceed the aggre- gate sum of $3,500,000.00; and to use such of the proceeds of such loans as may be necessary to pay current expenses and debts of the City. Each of the several loans that may be made pursuant to the authorization herein contained shall be evidenced by negotiable promissory notes of the City bearing interest from the date of such loan at a negotiated rate of interest not greater than six per cent, (6%), per annum, payable quarterly, which said interest shall be payable from the General Funr, each note to become due at such time after date as the said City Auditor shall determine, not to exceed, however, one year after the respective dates of such note~, the City to reserve the right to anticipate the payment of the principal of any such, note or any part thereof at any date prior to the maturity thereof, with interest '32 thereon accrued to the date of such payment, and each such note to be in the form prescribed by the City Attorney, executed by the City of Roanoke, by its Mayor, (the Mayor of the City of Roanoke being hereby fully authorized to execute said notes for and on behalf of the City of Roanoke), and the notes evidencing each of the several loans that may be made pursuant to the authorization herein contained to be payable in lawful money of the United States of America to a bank doing business in the City of Roanoke, or order, and to be signed for identification purposes, only, by the City Auditor; and the aforesaid City Auditor is further authorized and directed to pay all such notes and the interest thereon on the date that the same become due with money drawn from the General Fund of the City of Roanoke. Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF RDANDKE, VIRGINIA, The 4th day of October, 1971. No. 19897. AN ORDINANCE modifying to an extent the operation and effect of Ordinance No. 19750 from September 1, 1971, to December 31, 1971, which ordinance set the rate at which the City would sell its surplus water to other incorporated municipalities at fifty cents per one hundred cubic feet; establishing the rate of thir%y-nine cents per one hundred cubic feet as the rate to be charged other incorporated municipalities for surplus water for the period from September 1, 1971 to December 31, 1971; and providing for an emergency. WHEREAS, the Council of the City of Roanoke by Ordinance No. 19750 on June 28, 1971, amended and reordained subsection (b) of Rule 39, Section 5, Chapter 1, Title XII, of the Code of the City of Roanoke, 1956, as amended, so as to provid~ for the sale of surplus water to other incorporated municipalities at the rate of fifty cents per one hundred.cubic feet; and WHEREAS, the President of the United States by Executive Order made effective August 15, 1971, stabilized prices, wages, rents and salaries for a period of ninety days thereafter; and WHEREAS, the Town of Vinton was precluded by this Executive Order from raising the rates at which it resold surplus water purchased from the City of Roanoke; and WHEREAS, the Town Council of Vinton, by Resolution No. 505, has re- quested the Council of the City of Roanoke to lower the rate at which water is sold by the City to the Town of Vinton at least until such time as the Executive Order of August 15, 1971, expires; and 33 WHEREAS, the Council, considering therequest and.being cognizant of the present position of the Town of Vinton with respect to the aforesaid Executive Order now in effect, is willing to modify to an extent the provisions of Ordinance ~iNo. 19750, aforesaid, as hereinafter provided; and has determined the actual cost for the production and supply of surplus water to the Town of Vinton at the rate of thirty-nine cents per one hundred cubic feet, and the Council desires to charge this rate to the Town of Vinton from September 1, 1971, to December 3.1, 1971; and WHEREAS, it is necessary for the daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the operation and effect of Ordinance No. 19750 be modified from September 1, 1971, to December 31, 1971, and that for that period of time the charge made for surplus water sold by the City to other incorporated municipalities be at the rate of thirty-nine cents per one hundred cubic feet of water. BE IT FURTHER ORDAINED that an emergency existing this ordinance shall take effect upon its passage; and that the City Clerk forthwith transmit to the Mayor of the Town of Vinton an attested copy hereof. A P P ROVED AT TE ST:.~/~//~~ Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of October, 1971. No. 19898. AN ORDINANCE to provide for the issue of bonds of the City of Roanoke not to exceed Five Million Dollars ($5,000,000.00) to provide funds to defray the 'cost to the City of needed public improvements, to-wit: additions, betterments and extensions of and to the City's sewage treatment plant and of its sanitary sewe~ system, including the acquisition of land, easements, rights-of-way and other right property related thereto; and providing for an emergency. in WHEREAS, the Council deems it necessary for the preservation of the public health that immediate provision be made for the raising of funds which, to- gether with other funds in the nature of Federal and State grants in aid, would be used to defray the cost to the City of certain necessary additions, betterments and extensions of and to the City's sewage treatment plant and its sanitary sewer system; and that this ordinance should become effective upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as fo 1 lows: 34 1. It is deemed expedient and necessary by the Council of the City of Roanoke, Virginia, to raise funds not to exceed Five Million Dollars ($5,000,000.00 to provide funds to defray the cost to the City of needed public improvements, to- wit: additions, betterments and extensions of and to the City's sewage treatment plant and sanitary sewer system, including the acquisition of land, easements, right~of-way and other rights in property related thereto. 2. For the purpose of raising said funds to pay for the cost to the City of said public improvements, it is deemed expedient and necessary to issue, and there shall be issued from time to time within a period of five (5) years from the date of the election hereinafter referred to bonds of the City of Roanoke, Virginia, in an aggregate amount not exceeding Five Million Dollars ($5,000,000.00) 3. Said bonds shall be issued under Subsection (2) of Section 10. De. bt., of the Constitution of Virginia, and shall not be included in computing the limitation of indebtedness of this City for a period of five years from the date of the election authorizing the issuance of said bonds and for as long thereafter as said sewage treatment plant and sanitary sewer system produce sufficient revenue to pay the costs of operation and administration (including interest on bonds issued therefor), the cost of insurance against loss by injury to persons or pro- perty, and an annual amount to be placed into a sinking fund sufficient to pay the bonds at or before maturity. The full faith and credit of the City of Roanoke is pledged to the payment of the principal and interest of said bonds. 4. The Council shall ~ resolution adopted from time to time prescribe the amount of said bonds to be issued from time to time and the form thereof, and all other details with respect thereto, in accordance with law. 5. Said bonds shall not be issued unless and until this ordinance has been approved by the affirmative vote of a majority of the qualified voters of the City voting at an election to be called in the manner provided by law to be held on the 2nd day of November, 1971. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage. ATTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of October, 1971. No. 19899. AN ORDINANCE directing and providing for the holding of an election in the City of Roanoke, Virginia, to determine whether the qualified voters of the Cit' of Roanoke will approve an ordinance, No. 19898, duly adopted by the Council of the City of Roanoke on October 4, 1971, providing for the issue of certain bonds of the City of Roanoke; and providing for an emergency. WHEREAS, the Council deems it necessary for the preservation of the public health that immediate provision be made for the raising of funds which, to- geth'er with other funds in the nature of Federal and State grants in aid, would be used to defray the cost to the City of certain necessary additions, betterments and~ extensions of and to the City's sewage treatment plant and its sanitary sewer system; and that this ordinance should become effective upon its passage. ordinance, adopted by the Council of the City of Roanoke on October 4, 1971: No. 19898. AN ORDINANCE to provide for the issue of bonds of the City of Roanoke not to exceed Five Million Dollars ($5,000,000.00) to provide funds to defray the THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, as follows: 1. An election shall be held in the City of Roanoke on the 2nd day of November, 1971, to determine whether the qualified voters will approve the followin~ cost to the City of needed public improvements, to-wit: additions, betterments andI extensions of and to the City's sewage treatment plant and of its sanitary sewer system including the acquisition of land, easements, rights-of-way and other rightsI in property related thereto; and providing for an emergency. 2. The officers of election hereinafter designated are hereby directed~ to open polls at the several voting places in the City of Roanoke on the 2nd day of November, 1971, for the purpose of submitting said ordinance for approval of the qualified voters of the City of Roanoke. 3. The Secretary of the Electoral Board of the City of Roanoke is here~ by directed to give public information of said election, setting forth the time and~~ place thereof by publishing notice of the same to which shall be attached an attested copy of this ordinance in a newspaper of general circulation in said City and published in said City, and by posting a copy thereof at each voting place in said City, at least ten days before the date of the election. 4. The judges and clerks forthe several voting precincts in the City of Roanoke are hereby appointed officers of election 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 forthwith and not less than ten days prior to the date of the election herein provided for have printed proper ballots to be voted at said election, and such ballots shall be in the following form: CITY OF ROANOKE BOND ELECT ION OF NOVEMBER 2, 1971. QUESTION: Shall Ordinance No. 19898 adopted by the Council of the City of Roanoke on October 4, 1971, entitled, "AN ORDINANCE to provide for the issue of bonds of the City of Roanoke not to exceed Five Million Dollars ($5,000,000.00) to provide funds to defray the cost to the City of needed public improvements, to- wit: additions, betterments and extensions of and to the City's sewage treatment plant and of its sanitary sewer system including the acquisition of land, easements, rights-of-way and other rights in property related thereto; and providing for an emergency. , be approved? YES NO 6. The ballot shall be-prepared in conformity with the provisions of § 24.1-165 of the 1950 Code of Virginia, asamended,, and each voter shall mark his ballot in the manner prescribed by said section. Such ballots shall be delivered to the officers of election, for use in the said election, in the same manner as ballots are delivered t,o the officers 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 officers of election shall immediately after the closing of the polls count the ballots cast and make written return to the Electoral Board which, within two days following the election, shall make written return of the result of said election to the City Clerk, specifying the number of votes cast "YES" and the number of votes cast "NO" on the question voted upon. Said return shall be presented to the City Council at its'next regular meeting and shall be spread upon the journal; and the said officers of election shall further seal up the ballots and by noon on the day following the election transmit the same to the City Clerk to be kept among the archives of the Council, and said ballots shall re- main sealed during the space of twelve months thereafter without the order of Council. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage. ATTE ST:V ~~ Deputy City Clerk APPROVED Mayor 3? IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of October, 1971. No. 19900. AN ORDINANCE to amend and reordain Section =20, "Municipal Court," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =20, "Municipal Court," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: MUNICIPAL COURT =20 Personal Services (1) ..................... $161,378.00 Communications (2) ........................ 2,075.00 Office Furniture & Equipment - Replacement (3) ......................... 486.00 Office Furniture & Equipment - New (4) ................................. 4,453.00 Other Equipment - New (5) ................. 1,465.00 (1) Net increase ...... $12,000.00 (2) Net increase .......... 675.00 (3) Net increase-- 56.00 (4) Net increase ................. 2,063.00 (5) Net increase ................. 1,465.00 BE IT FURTHER ORDAINED that, an emergency existing, this 'Ordinance shall be in effect from its passage. ATT E ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of October, 1971. No. 19901. A RESOLUTION relating to the late GUY L. GEARHART, former Town Manager of the Town of Vinton. WHEREAS, this City Council and the people of Roanoke were greatly saddened by the death, on September 18, 1971, of GUY L. GEARHART, former Town Manager of the Town of Vinto~, WHEREAS, in his position, for nearly thirty years, as the administrativ~ head of the government of his community he had exemplified the characteristics of a competent, fair and dedicated public servant; and WHEREAS, his steadiness, his consistency of purpose and his calmness and dependability had earned for him a stature of highest respect not only in Vinto but throughout the Roanoke Valley; and 38 WHEREAS, Mayor, City Council members, City Managers and employees, at all levels, of the City of Roanoke had recalled him as a friend and had known him as one always responsive to any suggestion of a need for assistance; and WHEREAS, it is well established that his active interest in municipal governmental matters in the State and his participation in his own professional organizations had earned for him the esteem of governmental officials and his fellow managers throughout Virginia; and WHEREAS, the sadness of his passing was heightened by the awareness that he was near approaching the point of well-earned retirement after thirty year~ of service to his community. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council does hereby record its deepest regret at the passing of GUY L. GEARHART, former Town Manager of the Town of Vinton, and extends to his widow, his sons and the other members of his family in the time of their loss, the sympathy of each member of this City Council. BE IT FURTHER RESOLVED.that the City Clerk transmit an attested copy of this resolution to Mrs. Guy L. Gearhart, his widow, and to the Honorable Gus W. Nicks, Mayor of the Town.of Vinton. ATTEST: Deputy City Clerk AP P ROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of October, 1971. No. 19902. A RESOLUTION authorizing and providing for the City's appointment of viewers to view a portion of Bluestone Avenue, N. E., described as follows, to-wit: BEGINNING at a point on the westerly side of Bl.uestone Avenue, N. E., said point being the extreme southeast corner of Lot 15, Section 1, according to Survey of Bluestone Addition, of record in Plat Book 1, page 265, in the Clerk's Office of the Circuit Court for the County of Roanoke, Virginia; thence with Bluestone Avenue, N. 15o 45' E. 387.26 feet to a point; thence with a curved line to the left whose radius is 1682.43 feet, and whose chord bearing and distance is S. 9o 41' W. 355.61 feet, an arc distance of 356.28 feet to a point; thence with a curved line to the right, whose radius is 25 feet, and whose chord bearing and distance is S. 48o 37' W. 35.36 feet, an arc distance of 39.27 feet to a point; thence N. 86° 23' W. 18.81 feet to the place of BEGINNING, as shown on Map made by Buford T. Lumsden and Associates, Certified Land Surveyors, dated September 1, 1971. WHEREAS, Fralin ~ Waldron, Inc. has petitioned the City Council for the City of Roanoke, to discontinue and vacate certain portions of an existing street, known as Bluestone Avenue, N. E., hereinabove described, in return for 3c. Preliminary Plan of 72 Duplex Dwelling Units, prepared by Buford T. Lumsden and Associates, Certified Land Surveyors, dated 12 Aug. 1971; and WHEREAS, Fralin ~ Waldron, Inc. has requested three viewers be appointed to view the hereinabove described portion of Bluestone Avenue, N. E. NOW, THEREFORE, be it RESOLVED by the City Council of the City of Roanoke, that L. Elwood Norris, George W. Overby, Edward H. Brewer, Jr., William M. Harris and James L. Trinkle, any three of whom may act, are hereby appointed to view the hereinabove described portion of Bluestone Avenue, N. E., and report in writing whether in their opinion, any and if any, what, inconven- ience would result from discontinuing and vacating the same upon the dedication of additional areas for Bluestone Avenue, N. E., as shown on Preliminary Plan of 72 Duplex Dwelling Units, hereinabove referred to. ATTE ST: /~~ Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of October, 1971. No. 19903. AN ORDINANCE to amend and reordain Section ~89, "Transfers to Capital Improvements Fund," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~89, "Transfers to Capital Improvements Fund," of the 1971-72 Appropri- ation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TRANSFERS TO CAPITAL IMPROVEMENTS FUND ~89 Route 220 Project - Franklin Road ............... $ 53,857.46 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTE ST:/~- Deputy City Clerk A P P ROVE D Mayor 4O IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of October, 1971. No. 19904. AN ORDINANCE amending Ordinance No. 19751, heretofore adopted on June 28, 1971, providing a System of Pay Rates and Ranges and a new Pay Plan, by adding to said Pay Plan a new position of employment under the Emergency Employment Act of 1971; and providing for an emergency. WHEREAS, the City Manager having recommended to the Council the change to the City's Pay Plan hereinafter authorized to be made, in order to make provision for a position under the Federal Emergency Employment Act of 1971, to be placed, for accounting purposes, only, in Department No. 72, and the Council having concurred in said City Manager's recommendation; and WHEREAS, for the usual daily operation of the municipal government, an emergency is declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Ordinance No. 19751, heretofore adopted on the 28th day of June, 1971, providing a System of Pay Rates and Ranges and a new Pay Plan for the employees of the City, be and the same is hereby amended by. the addition to the aforesaid Pay Plan, in an appropriate place, of the following described position of employment under the Emergency Employment Act of 1971, and in Department No. 72, such addition to I! be made in the following words and figures, to-wit: Work Range Code Classification Week No.... 1204 Community Assistant 40 17 Steps in Monthly Amounts 1 2 3 4 5 6 $554 $582 $610 $642 $674 $708 BE IT FURTHER ORDAINED, that an emergency existing, this ordinance be in force and effect upon its passage. ATTE ST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of October, 1971. No. 19905 AN ORDINANCE exercising the right to purchase a parcel of land contain- ing approximately 0.518 acre situate on the northerly line of lOth Street, N. W., in the City of Roanoke, and needed for the City's Industrial Access Road Project 9999-128-103, C-502, upon certain terms and provisions; providing for notice of the City's exercise of a written purchase option for said land; providing for payment of the purchase price thereof upon delivery of a deed to the City and for recordation of said deed; and providing for an emergency. WHEREAS, the City of Roanoke, on September 28, 1971, entered into a purchase option agreement with the owner of a certain parcel of land situate on the northerly line of 10th Street, N. W., in the City, whereby the City was granted the option to purchase said land upon certain terms and provisions hereinafter set forth; and WHEREAS, the City needs such land for the construction of its Industrial Access Road Project 9999-128-103, C-502, and funds sufficient for the payment of the purchase price have heretofore been appropriated by the Council; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City's rig.ht to purchase that certain parcel containing approximately 0.518 acre, lying adjacent to the northerly line of 10th Street, N. W., in the City of Roanoke, shown in detail as Parcel No. 007 on Sheet 3 of the plans for said project, from Lelia M. Haymaker, owner, pursuant to a written purchase option agreement dated the 28th day of September, 1971, made by the City with said owner, be and is hereby exercised, and the City Attorney be and is hereby directed to notify, forthwith, said owner, of the City's aforesaid election, by mailing to her, by certified mail, an attested copy of this ordinance. BE IT FURTHER ORDAINED that, upon certification by the City Attorney of good title to said land and upon delivery to the City of a good and sufficient deed of conveyance, prepared and approved by the City Attorney and made with General Warranty of Title and Modern English Covenants, the City Auditor be and is hereby authorized and directed to issue and deliver to the City Attorney for delivery to said owner the City's check in the sum of $21,000.00, in payment of the agreed purchase price of said land; thereafter said deed to be recorded in the Clerk's Office of the Hustings Court of the City of Roanoke, Virginia. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance shall be in force and effect upon its passage. APPROVED ATTEST: ~k-~ D~puty City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day'of October, 1971. No. 19906. A RESOLUTION rejecting all bids received for construction of an intercepto~ sanitary sewer replacement ,on Campbell Avenue, S. E. WHEREAS, on October 4, 1971, and after due and proper advertisement had been made therefor, four (4) bids were rec'eived and opened by the Council for construction of an interceptor sanitary sewer replacement on Campbell Avenue,, S. E., which bids were, thereafter, referred to, tabulated and reported by a committee appointed for the purpose, to the Council, after which the Council, upon mature consideration, concluded that a.ll such bids should be rejected. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that all bids heretofore received by the City on October 4, 1971, for construction of an interceptor sanitary sewer replacement on Campbell Avenue, S. E., be and the same are hereby REJECTED; the City Clerk to so notify all said bidders and to express to each the City's appreciation of said bids. ATTE ST: ~~ Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day 'of October, 1971. No. 19907. AN ORDINANCE to amend and reordain Section =90, "Sewage Treatment Fund," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =90, "Sewage Treatment Fund," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SEWAGE TREATMENT FUND ~90 CIP 62 Campbell Avenue Interceptor Sewer .......... $ 1,200.00 (Unexpended balance of appropriations made out of referendum for capital expenses) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of October, 1971. No. 19-908. A RESOLUTION rejecting all bids received for painting the interior of the airport terminal building and the interior and exterior of the covered walkway adjacent to the airport terminal building at the Roanoke Municipal Airport, and directing that the matter be readvertised for bids. WHEREAS, on October 4, 1971, and after due and proper advertisement had been made therefor, two (2) bids were received and opened by the Council for painting of the interior of the airport terminal building and the interior and exterior of the covered walkway adjacent to the airport terminal building, at the Roanoke Municipal Airport, which bids were, thereafter referred to, tabulated and reported by a committee appointed for the purpose, to the Council, after which the Council, upon mature consideration, concluded that all such bids should be rejected. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that all bids heretofore received by the City on October 4, 1971, for painting of the interior of the airport terminal building and the interior and exterior of the covered walkway adjacent to the airport terminal building, at the Roanoke Municipal Airport be and the same are hereby REJECTED; the City Clerk to so notify all said bidders and to express to each the City's appreciation of said bids. BE IT FURTHER RESOLVED that the City Manager do proceed to readvertise for bids for the aforesaid painting in accordance with the committee's report made to the Council under date of October 11, 1971. ATTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of October, 1971. No. 19909. A RESOLUTION relating to the Honorable KERMIT EDWARD ALLMAN, former Sheriff of the City of Roanoke. WHEREAS, KERMIT EDWARD ALLMAN has recently tendered to the City his notice of retirement as Sheriff of the City of Roanoke, and WHEREAS, this native of Franklin County who attended the public schools of this City, joined its Police Department as a patrolman in 1942; rose though the ranks, becoming Captain of Detectives in 1952, and heading with singular success that bureau for eight years following, was, in 1960, appointed to fill an unexpired term as City Sergeant of the City of Roanoke; and WHEREAS, having been reelected City Sergeant in 1961, 1965 and 1969, Mr. Allman has, as theretofoghexhibi'ted outstanding ability and a sense of personal devotion to his duties and has served the City and its citizens with distinction, both in his official duties and in many civic matters. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council doth publicly commend the Honorable KERMIT EDWARD ALLMAN for his years of'service in the Police Department and as City Sergeant and City Sheriff; and this Council extends to him its warmest sense of appreciation and that of the citizens of the City, for the exemplary service he has rendered the City and its said citizens. BE IT FURTHER RESOLVED that the City Clerk do transmit to Allman an attested copy of this Resolution on behalf of the Council. ATTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of October, 1971. No. 19912. AN ORDINANCE providing for the purchase of seventeen (17) new 1972 model automobiles for use by various departments of the City, upon certain terms and conditions; accepting certain bids made to the City for furnishing and delivering said vehicles; rejecting certain other bids made to the City; and providing for an emergency. WHEREAS, on October 18, 1971, and after due and proper advertisement had been made therefor, certain bids for the supply to the City of the automo- biles hereinafter mentioned were opened in the office of the City's Purchasing Agent by three members of a committee appointed for the purpose, and thereafter were tabulated and studied by the committee which has made written report and recommendation to the Council through the City Manager; and WHEREAS, the City Manager, concurring in the committee's report has transmitted the same to the Council, recommending award of contracts as herein- after provided; and the Council, considering all of the same, has determined that the bids hereinafter accepted are the lowest and best bids made to the City for the supply of said vehicles, and that funds sufficient to pay for the purchase prices of said vehicles have been or are being appropriated; and WHEREAS, for the usual daily operation of the municipal government an emergency is declared to exist in order that this ordinance take effect upon its passage. fo 1 lows: follows: THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as 1. That the bids of: (a) Magic Motor Corporation, to furnish and deliver to the City as Item No. Quanti. t¥ and Description Net Purchase Price Eleven Ford Custom police automobiles ............. $ 33,238.19 Three Ford Maverick compact automobiles for use by the City's Engineering, Public Works and Garage Departments ..... $ 7,196.18 One Ford Custom station wagon for use at the Juvenile Detention Home ............ $ 3,030.92 (b) Antrim Motors, Incorporated, to furnish and deliver to the City as follows: Item No. 3 quantity and Description Net Purchase Price One Dodge Demon compact automobile for use in the City's Sanitation Division ...... $ 2,315.17 (c) International Harvester Company, to furnish and deliver to City as follows: Item No. 5 quantity and Description One International Scout II jeep type vehicle, without trade-in allowance, without air conditioning, but inclu- ding manual front wheel locking hubs ............. $ 3,106.59 all the above amounts cash, plus the City's trade-in equipment described in the City's specifications, delivered to the City, f.o.b. Roanoke, Virginia, all to be in full accordance with the City's specifications therefor, and of said bidders' proposals, and with said committee's report, be, and said bids are hereby ACCEPTED; and the City's Purchasing Agent be, and he is hereby authorized and directed to issue requisite purchase orders therefor, incorporating into said orders the City's aforesaid specifications, the terms of said bidders' proposals and the terms and provisions of this ordinance; the cost of said equipment, when delivered, to be paid for out of funds heretofore appropriated for the purpose: 1. That upon delivery to the City of all the aforesaid equipment and upon the City's acceptance of the same, the City Auditor shall be, and he is hereby authorized and directed to make requisite payment to each said successful bidder of the aforesaid purchase prices, not to exceed the sums hereinabove set out, and the City Manager shall be, and is hereby authorized and directed to transfer and assign to the aforesaid bidders the titles to the certain vehicles described in the City's specifications as trade-in equipment; and Net Purchase Price 2. That all other bids made to the City for the supply of the aforesaid equipment be, and said other bids are hereby REJECTED; the City Clerk to so notify all said other bidders and to express to each the City's appreciation of each said bid. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in full force and effect upon its passage. ATTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of October, 1971. No. 19913. AN ORDINANCE accepting a certain proposal and awarding a contract for construction of bituminous overlay of the south 2,250 feet of Runway 15/33 and the south 2,000 feet of Taxiway 15/33, including cross-overs, at Roanoke Municipal (Woodrum) Airport, together with other related work, for Federal Airport Project No. ADAP 8-51-00.45-01, at Roanoke Municipal Airport, upon certain terms and conditions; authorizing the proper City officials to expcute the requisite contract; rejecting all other bids made for said improvements; and providing for an emergency. WHEREAS, at the meeting of the Council held on October 11, 1971, and after due and proper advertisement had been made therefor, certain bids for construction of bituminous overlay of 'the south 2,250 feet of Runway 15/33 and the south 2,000 feet of Taxiway 15/33, including cross-overs, at Roanoke Municipal (Woodrum) Airport, were received,' and were opened and read before the Council, whereupon all said bids were referred to a committee for tabulation and study and for recommendation to be made thereon to the Council; and WHEREAS, said committee has reported to the Council, in writing, its tabulation of said bids, from which and upon said committee's report it appears that the proposal hereinafter accepted represents the lowest and best bid received by the City for the performance of said works of improvement; and WHEREAS, sums sufficient to pay for the cost of the contract hereinafter authorized have been, or are being appropriated by the Council for the purpose; and for the usual daily operation of the municipal government, an emergency is set forth and declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that, conditioned upon the concurrence and approval of Federal Aviation Administration of the City's award of contract as hereinafter provided, first obtained, and said administration's agreement to participate with the City in payment of a portion of the cost of the improvements hereinafter described and to the extent heretofore provided by the City's application for Federal Airport Project No. ADAP 8-51-0045- 01, the following bid or proposal made to the City in writing is hereby ACCEPTED, viz: The proposal of John A. Hall ~ Company, Incorporated, for construction of bituminous overlay of the south 2,250 feet of Runway 15/33 and the south 2,000 feet of Taxiway 15/33, including crossovers, at Roanoke Municipal (Woodrum) Airport, together with other related work, in full accordance with the City's plans and specifications made for Airport Project No. ADAP 8-51-0045-01, and within the period of time mentioned in said specifications, for the sum of $249,982.00, payable as provided in the bid documents which are on file in the office of the City Clerk. BE IT FURTHER ORDAINED that the City Manager and the City Clerk, upon the City's receipt of concurrence of Federal Aviation Administration in the acceptance of the aforesaid bid and approval of the contract to be entered into, be, and they are hereby authorized and directed, for and on behalf of the City, to execute and attest, respectively, a requisite contract in writing with the aforesaid bidder, such contract to have incorporated therein the aforesaid specifications, said bidder's proposal and the provisions of this ordinance, the form of which said contract shall be approved by the City Attorney. BE IT FURTHER ORDAINED. that the proposals of all other bidders for the performance of said work be, and the same are hereby REJECTED; the City Clerk to so notify each of said other bidders and to express to each the City's appreciation of said bids. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance be in full force and effect upon its passage. ATTEST: ~~ Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of October, 1971. No, 19914. A RESOLUTION authorizing and directing the City Manager to execute and file with Federal Aviation Administration requisite requests for Federal Aid to assist the City in accomplishing its proposed Airport Project No. ADAP 8-51-0045- O1 for certain necessary improvements for development of the City's Roanoke Municipal (Woodrum) Airport and, in so doing, to make certain assurances to the United States. WHEREAS, the City Manager has recommended to the Council that authority be given to initiate on behalf of the City, as Project No. ADAP 8-51-0045-O1, a request for Federal Aid to assist the City in the making of certain .necessary improvements to Roanoke Municipal (Woodrum) Airport as hereinafter described, the total costs of which are estimated to amount to the sum of $260,000.00, of which, fifty percent (50%) would be paid by the, City and fifty percent (50%) would be paid by the Federal Government; and : WHEREAS, upon consideration of the matter, the Council concurs in. the aforesaid recommendation made in writing to the Council under date of October 18, 1971. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that, Julian F. Hirst, the City Manager, be, and he is hereby author, zed and directed to forthwith cause to be prepared and, thereafter, to execute and file with the Federal Aviation Administration, on behalf df the City of Roanoke, requisite request or requests for Federal Aid, under the City's proposed Airport Project No. ADAP 8-51-OO45-01, to asset in providing for the following necessary improve~ ments for development of the City's Roanoke Municipal (Woodrum) Airport, namely: Bituminous overlay of the south 2,250 feet of Runway 15/33 and the south 2,000 feet of Taxiway 15/33, including cross-overs. Total Ail Estimated Projects Costs ......... $260,000.00 Proposed Federal Share ......... $130,OO0.00 Proposed City Share ........... $130,O00.00 and in making such application, or applications, to assure the Federal Aviation Administration of the City's ability and intent to provide fifty percent (50%), or $130,O00.OO, of the total of all estimated costs of the abovedescribed project and, further, make all of the assurances to the United States required to be made in the premises by the Federal Airport Act and as contained in Part III of the formal Project Application, FAA Form 1624 (9-64), pages 5 and 6. A TTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of October, 1971~ No. 19910. AN ORDINANCE permanently vacating and discontinuing two (2) unopened alleys in the northeastern section of the City of Roanoke pursuant to the provi- sions of Section 15.1-364 of the Code of Virginia of 1950 as amended. WHEREAS, Southwest Virginia,Community Fund has heretofore filed appli- cation before the Council of the City of Roanoke requesting Council to discontinue and vacate two (2) unopened alleys in said petition described; and, WHEREAS, notices of the intended application were posted in three (3) public places in the City of Roanoke ten (10) days prior to Council's considera- tion of said application; and, WHEREAS, in accordance with the prayer contained in said application Resolution No. 19836 was adopted by the said City Council on the 30th day of August, 1971, pursuant to which viewers were appointed to view the said property and to report in writing what inconvenience, if any, would result from permanently vacating and discontinuing the two (2) alleys hereinafter described; and further, the said City Council referred the issues raised by the said application to the Planning Commission of the City of Roanoke for the Commission's study of said request and a report thereon; and, WHEREAS, it appears from the report in writing filed by the viewers with the City Clerk dated the 23rd day of September, 1971, together with the Affidavit of said viewers, of even date therewith, that no inconvenience would result, either to any individual or to the public, from the permanent vacating and discontinuing of the said two (2) alleys, and to which report no exceptions have been filed; and, WHEREAS, the City Planning Commission, by letter, directed to the Mayor of the City of Roanoke and the members of City Council, dated the 16th day of September, 1971, recommended to City Council that the request contained in the application aforesaid be granted; and, WHEREAS, after notification to the land proprietors along the alleys hereinafter described and after newspaper publication as by statute provided, a public hearing was held before Council on the 18th day of October, 1971, at which hearing all interested parties and citizens were afforded an opportunity to be heard on the question of the proposed alley closings; and, WHEREAS, upon consideration of the matter, the Council is of the opinion that no inconvenience will result to any owner or to the public from permanently vacating and discontinuing the two (2) alleys hereinafter described. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the following alleys located in the northeast section of the City of Roanoke be, and the same hereby are, permanently abandoned, vacated, discontin- ued and closed: Alley ~l - extending north from Cherry Avenue N. W., to an alley running parallel to Cherry Avenue, N. W., lying between Cherry and Orange Avenues in the City of Roanoke, being 120 feet in length and 10 feet wide, bounded on the west by Official Lot ~2020273 and bounded on the East by Official Lot ~2020254; Alley ~2 - beginning at the end of Alley ~1, extending west parallel to Cherry Avenue, N. W., in the City of Roanoke, being approximately 611 feet in length and 10 feet wide for approxi- mately 234 feet, then 15 feet wide for approximately 377 feet bounded on the South by Official Lot ~2020273, 2020272, 2020253, 2020271, 2020252, 2020251, 2020250, 2020249, 2020248, 2020247, 2020246, 2020245, 2020244, and 2020243, and bounded on the North by Official Lot ~2020212, 2020213, 2020214, 2020215, 2020216, 2020217, 2020218, 2020219, 2020220, and 2020221. 5O BE IT FURTHER ORDAINED that the City Engineer of the City of Roanoke be, and hereby is, directed to mark "Permanently Abandoned, Vacated, Discontinued and Closed" those two (2) certain alleys hereinabove described on all maps and plats on file in the Office of the City Engineer of the City of Roanoke, Virginia, on which said maps and plats said alleys are shown referring to the book and page of Ordinances and Resolutions of Council wherein this Ordinance shall be spread; BE IT FURTHER ORDAINED that notwithstanding anything to the contrary herein contained, the City reserves unto itself an easement for any water or sewer or other public utility line or lines, if any, now existing in the two (2) alleys hereinabove described, along with the right of ingress and egress for the maintenance and repair thereof. BE IT FURTHER ORDAINED that the Clerk of this Council deliver to the Clerk of the Hustings Court for the City of Roanoke, Virginia, an attested copy of this Ordinance in order that the said Clerk may make proper notations on all maps or plats recorded in his said office upon which are shown the said alleys herein permanently abandoned, vacated, discontinued and closed. ATTE ST:~-~,~ Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of October, 1971. No. 19911. AN ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of the Code of the City of Roanoke, 1956, as amended, and Sheet No. 273, Section 1966 Zone Map, City of Roanoke, in relation to Zoning. ~HERE~S, application has been made to the Council of the City of Roanoke to have property located on the north side of Shenandoah ~venue, N. 'W., in the City of Roanoke, designated as Lots 10, 11 and the westerly 50 feet of Lot 12, Map of Oak View Heights, Official Nos. 2730225, 2730226 and 2730227, rezoned from RS-2, Single Family Residential District to C-2, General Commercial District; and WHEREAS, the City Planning Commission has recommended that the herein- after described land be rezoned from RS-2, Single Family Residential District, to C-2, General Commercial District; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 71, Chapter 4.1, Title XV, of the Code of the City of Roanoke, 1956, as amended, relating to Zoning, have been published and posted a~ required and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the 18th day of October, 1971, at 2 p.m., before the Council of the City of Roanoke, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for aa against the proposed rezoning; and WHEREAS, this Council after considering the evidence as herein provided, is of the opinion that the hereinafter described land should be rezoned. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Title XV, Chapter 4.1, Section 2, of the Code of the City of Roanoke, 1956, as amended, relatin9 to Zonin9, and Sheet No. 273 of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz: Property located on the north side of Shenandoah Avenue, N. W., in the City of Roanoke described as Lots 10, ll and the westerly 50 feet of Lot 12, designated on Sheet 273 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax Nos. 2730225, 2730226 and 2730227, be, and is hereby, changed from RS-2, Single Family Residential District to C-2, General Commercial District, and that Sheet No. 273 of the aforesaid map be changed in this respect. ATTE ST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of October, 1971. No. 19915. AN ORDINANCE relating to certain surplus air navigation beacon facilities located on Read Mountain in Roanoke County. WHEREAS, by Ordinance No. 18777, adopted July 7, 1969, the Council pro- vided for the City's acceptance of the donation by the Department of Transportation Federal Aviation Administration, of certain air navigation beacon facilities locate on Read Mountain in Roanoke County, upon certain terms and conditions more partic- ularly set out in said ordinance; and WHEREAS, the City Manager has reported to the Council that certain of such facilities have been removed from Read Mountain and placed into operation elsewhere, there-remaining on Read Mountain certain other of such facilities which are not needed by the City for the operation of its Municipal Airport, and, due to the inaccessibility of the location, cannot be economically removed for appropriate disposition, said City Manager further reporting that the owner in fee simple of the lands upon which the unneeded facilities are situate is willing to l allow the same to remain thereon provided title to said unneeded facilities is transferred to him without cost; and 52 WHEREAS, the City Manager has recommended that, the City being under obligation to the Federal Aviation Administration to. remove all of such beacon facilities at the City's expense, it would be in the City's best interest to donate the remainder of such facilities as are no longer needed by the City to the fee simple owner of the lands upon which they are situate, in which recommendation the Council concurs. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be and is hereby authorized and directed to deliver to Mr. Morris Crumpacker, owner in fee simple of certain lands upon Read Mountain in Roanoke County, such muniments of title as may be appropriate to all of the surplus air navigation beacon facilities presently remaining upon his lands which facilities are no longer needed by the City. APPROVED ATTEST: ~._~ Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of October, 1971. No. 19916. AN ORDINANCE to amend and reordain Section ~75, "Recreation, Parks and Recreational Areas," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is d~clared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~75, "Recreation, Parks and Recreational Areas," of the 1971-72 Appropria- tion Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: RECREATION, PARKS AND RECREATIONAL AREAS ~75 Operating Supplies and Materials (1) .................................. $25,415.00 (1) Net increase ............. $180.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of OCtober, 1971. No. 19917. AN ORDINANCE to amend and reordain Section ~90, "Sewage Treatment Fund," of !he 1971-72 Sewage Treatment Fund Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to eyist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~90, "Sewage Treatment Fund," of the 1971-72 Sewage Treatment Fund Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SEWAGE TREATMENT FUND ~90 Travel Expense (1) .................... $600.00 (1) Net increase .-$400.00 BE IT FURTHER ORDAINED that, an emergency eyisting, this Ordinance shall be in effect from its passage. ATTEST: Deputy City Clerk APPROVED Ma yor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of October, 1971. No. 19918. AN ORDINANCE to amend and reordain Section ~47, "Fire Department," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~t47, "Fire Department," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: FIRE DEPARTMENT Vehicular Equipment - New (1) ............. $55,856.98 (1) Net increase-- $1,856'.98 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2$th day of October, 1971. No. 19919. AN ORDINANCE providing for the purchase of one (1) new fire truck upon certain terms and conditions; accepting a certain bid made to the City for furnishing and delivering said vehicle; rejecting a certain other bid made to the ICity and providing for an emergency. WHEREAS, on October 13, 1971, and after due and proper public advertise- ment having been made therefor, two bids for the supply to the City of one (1) new fire truck for the City of Roanoke Fire Department were opened in the Office )f the City's Purchasing Agent by three members of a committee appointed for the purpose, and thereafter were tabulated and studied by the committee which has made Written report and recommendation thereon to the Council through the City Manager; ~nd WHEREAS, the City Manager concurring in the committee's report, has Itransmitted the same to the Council, recommending award of the contract as herein- after provided; and the Council considering all of the same, has determined that the bid hereinafter accepted represents the lowest and best bid made to the City for the supply of said equipment; and that said other bid should be rejected; funds sufficient to pay the cost of said equipment having heretofore been or are being contemporaneously appropriated by the Council for the purpose; and WHEREAS, it is necessary for the usual daily operation of the municipal igovernment that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the bid of Oren-Roanoke Corporation, Vinton, Virginia, to furnish and deliver to the City one (1) new Oren Model 752, Pumper Tanker combination, with Waterous CM-750 class A two stage midship mounted centrifugal pump, with International F-1800 Chassis, delivered to the City f.o.b. Roanoke, Virginia, in full accordance with the City's specifications therefor and of said bidder's proposal, for a Purchase price of $25,856.98, cash, be, and said bid is hereby ACCEPTED; and the ~ity's Purchasing Agent be, and he is hereby authorized and directed to issue i!the requisite purchase order therefor, incorporating therein the aforesaid !ispecifications, the terms of said bidder's proposal and the terms and conditions if this ordinance; the cost of said equipment, when delivered, to be paid for out of or contemporaneously being appropriated for the purpose; and funds heretofore ~zhat upon delivery to the City of all of the aforesaid equipment and upon the Ci*.y's lacceptance of the same, the City Auditor shall be, and he is hereby authorized and irected to make requisite payment to said bidder of the aforesaid purchase price. BE IT FURTHER ORDAINED that the other bid made to the City for the supply )f the aforesaid equipment be, and said other bid is hereby REJECTED, and the City lerk is directed to so notify said other bidder and to express to him the City's ~ppreciation of said bid. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance be in full force and effect upon its passage. h P P R 0 V E D ATTE ST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of October, 1971. No. 19920. AN ORDINANCE amending in its entirety and reordaining Chapter 7. Enforcement of Fines, o~ Title XXIII, Misdemeanors and Offenses, of the Code of the City of Roanoke, 1956, as amended; and providing for an emergency. WHEREAS, it has been reported to the Council that recent Court decisions and certain legislation by the General Assembly of Virginia responsive thereto have made necessary the amendment of Chapter 7. Enforcement of Fines, of Title XXIII, Misdemeanors and Offenses, of the Code of the City of Roanoke, 1956, as amended; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Chapter 7. Enforcement of Fines, of Title XXIII, Misdemeanors and Offenses, of the Code of the City of Roanoke, 1956, as amended, be and said chapter is hereby amended in its entirety and reordained so as to read and provide as follows: Sec. 1. Confinement in jail; limit; installment payments. Any person against whom a fine is adjudged or penalty imposed may, if he has the means but who refuses or neglects to pay such fine, be confined in jail until the fine or penalty be paid, and the limitation of such confinement shall be the same as that provided by ~ 19.1-334 of the 1950 Code of Virginia, as amended. If it shall appear to the court on its own motion or on motion of any person sentenced to pay a fine that such person is unable to pay such fine forthwith, the court shall order such person to pay such fine and any costs which such person may be required to pay in installments or upon such other terms and conditions or within such period of time as may enable such person to pay such fine and costs; and the provisions of § 19.1-347.2 through 19.1-347.5 of said Code of Virginia shall be applicable to the proceedings held upon ordering and enforcing such 'installment payments. Sec. 2. Good behavior; how time deducted or added. Each person committed to jail for a term shall, for faithfully observing the rules and requirements of the jail while con- fined therein, be entitled to the same time deduction or addition as is provided by section 53-151 of the 1950 Code of Virginia, as amended. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in force and effect upon its passage. APPROVED ATTE ST: 56 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of October, 1971. No. 19921. AN ORDINANCE amending Sec. 2. General Penalty, of Chapter 2, Construction, Title I, General Provisions, of the Code of the City of Roanoke, 1956, as am'ended, by increasing the minimum and maximum penalty, upon conviction, for violation of provisions of said Code for which no specific penalty is stated; and providing for an emergency. WHEREAS, the Council is of opinion that the general penalty for violation of a provision of the City Code, for which no specific penalty is stated, should be increased, as hereinafter provided; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec. 2. General penalty, of Chapter 2. Construction, Title I, General provisions, of the Code of the City of Roanoke, 1956, as amended, be and said section is hereby amended and reordained so as to read and provide as follows: Sec. 2. General penalty. Any person violating a provision of any chapter or section of this Code for violation of which no specific penalty is stated shall, upon conviction, be fined not less than ten nor more than one hundred dollars for each offense, or, if a minimum penalty be specifically provided but no maximum penalty be so'provided, then such maximum penalty, upon such conviction, shall be five hundred dollars. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in effect upon its passage. ATTE ST: Deputy,City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of October, 1971. No. 19922. AN ORDINANCE to amend and reordain Section =64, "Maintenance of City Property," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~64, "Maintenance of City Property," of the 1971-72 Appropriation Ordinanc be, and the same is hereby, amended and reordained to read as follows, in part: MAINTENANCE OF CITY PROPERTY g64 Maintenance of Buildings and Property (1) ........................... $143,515.00 (1) Net increase ....... $1,300.00 BE IT FURTHER ORDAINED that, an emergency existinq, this Ordinance shall be in effect from its passaqe. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of October, 1971. No. 19923. AN ORDINANCE to amend and reordain Section ~45, "Police Department," of the 1971-72 Appropriation Ordinance, and providinq for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDhINED by the Council of the City of Roanoke that Section =45, "Police Department," of the 1971-72 hppropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: POLICE DEPARTMENT ~45 Vehicular Equipment - Replacement (1) ..................... $34,450.00 Vehicular Equipment - Additional (2) ...................... $ 3,450.00 (1) Net decrease ............ $3,450.00 (2) Net increase ............ $3,450.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTE ST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of November, 1971. No. 19924. AN ORDINANCE to amend and reordain Section ~77, "Civic Center," of the 1971-72 Appropriation Ordinance, and providinq for an emerqency. 58 WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an eme~gency'is declared'to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =77, "Civic Center," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CIVIC CENTER =77 Promotion Fund (1) ......................... $ 80,000.00 Exhibitions (2) ............................ 560,000.00 (1) Net increase $ 40,000.00 (2) Net increase 300,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of November, 1971. No. 19925. AN ORDINANCE to amend and reordain Section =25, "Clerk of Courts," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency iS'declared to exist~ THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~25, "Clerk of Courts," of the 1971-72 Appropriation Ordinance, be, and th, same is hereby, amended and reordained to read as follows, in part: CLERK OF COURTS ~25 Maintenance of Machinery and Equipment (1) .......... $ 1,259.00 Other Equipment- Replacement (2) ,, ................. 5,384.32 (1) Net increase. $ 414.00 (2) Net increase .... 5,384.32 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Deputy City Clerk APPROVED Ma~y o r IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of November, 1971. No. 19926. AN ORDINANCE to amend Title XIII, Health, of the Code of the City of Roanoke, 1956, as amended, by adding thereto a new ch~ter to be numbered Chapter 15 defining noxious weeds; providing for notice to be given under certain conditions for the removal of noxious weeds as so defined from properties in the City of Roanoke; providing for a lien to be placed upon properties whose owners have disregarded such notice after removal of noxious weeds by City forces; and providin for an emergency. WHEREAS, the City Manager has advised the Council that the public health would be better protected by providing in the City Code for the removal of certain noxious weeds from properties in the City, in which recommendation the Council con- curs; and WHEREAS, for the immediate protection and preservation of the public health, safety and welfare, an emergency is hereby set forth and declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Title XIII. Health, of the Code of the City of Roanoke, 1956, as amended, be, and said Code and title are hereby amended by the addition thereto, in the aforesaid title, of the following new chapter, to be numbered Chapter 15. Noxious Weeds, to read and provide as follows: CHAPTER 15. NOXIOUS WEEDS Sec. 1. Definition of noxious weeds. For the purpose of this chapter, the term noxious weeds shall mean and include common thistle, rag weed, milk weed, and grass over ten (10) inches in height and, also, any and all wild plants capable of causing skin reaction upon contact, or producing or aggravating hay fever, asthma, allergic respiratory reaction or similar conditions in human beings. Sec. 2. Removal of noxious weeds; notice (a) Notwithstanding the criminal sanctions provided in Sec. 3., of Chapter 6., of Title XXIII., of this Code, and in addition thereto, whenever the commissioner of health determines that any common ~iStla , rag weed, milk weed or any other noxious weeds or grasses are growing On any lot, parcel or tract of land within the city, he shall cause written notice to be served, as is hereinafter provided, upon the person or party owning, or in possession, charge or control of such lands that all such noxious weeds must be removed, turned under or destroyed in a manner deemed satisfactory by said commissioner of health, such notice to contain provision that removal of the noxious weeds must be commenced within five (5) days following service of such notice. (b) The notice provided for in paragraph (a) supra, shall be deemed to have been properly served upon the person or party owning or in possession, charge or con- trol of such lands if a copy thereof be delivered to him in person by the commissioner or an authorized repre- sentative of the commissioner; or if a copy thereof be sent by registered mail, addressed to such person at his last known address; or if a copy thereof be posted in a conspicuous place in or about the property affected by the notice; or if he be served with such notice by any other method authorized or required under the laws of the Commonwealth of Virginia. Sec. 3. Disregard of notice; lien upon property created. If any person served with an order of the commissioner of health to remove, turn under or destroy any noxious weeds upon his property should fail within the time required in 6O such notice to comply with the requirements of such notice, the commissioner of health shall report such failure to the city manager who shall, through the director of public works, cause all such noxious weeds to be removed or destroyed; and for such purpose the director of public works may employ city forces, if available, or he may, through the city manager, employ private persons to accomplish such work, the cost of employment of private persons to be limited by such funds as are from time to time appropriated by the council for the purpose; and in all events, the cost to the city for such work plus 20% for administrative and overhead costs, together with a penalty in the sum of ten dollars for each lot, parcel or tract of land of record, shall constitute and remain, until paid, a prior lien on the land from which such noxious weeds are removed, and shall be recovered from the owner or successor in interest or other person in possession, charge or control of such property by appropriate legal proceeding; pending which such recovery written notice of claim to such lien shall be recorded in the clerk's office wherein deeds to such property are recorded. Sec. 4. Notice to public. The commissioner of health shall cause advertisement to be made, once during the month of May and once during the month of August of each calendar year, by publication in a newspaper having general circulation in the City of Roanoke, such advertisement to advise all owners of real property within the city of the obligation imposed by this chapter to destroy or remove all noxious weeds from premises;under their ownership, possession, charge or control. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in full force and effect upon its passage. A TTE ST: ~ .[L~Y~LA~- APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of November, 1971. No. 19927. AN ORDINANCE providing for the supply to the City of its annual require- ments of No. 1 fuel oil and No. 2 fuel oil; accepting certain proposals made therefor; rejecting certain other bids made to the City for furnishing said fuel oil requirements; and providing for an emergency. WHEREAS, on October 19, 1971, and after due and proper advertisement had been made therefor, certain bids for the supply to the City of the materials herei after mentioned were opened in the office of the City's Purchasing Agent by three members of a committee appointed for the purpose, and thereafter were tabulated and studied by the committee which has made written report and recommendation to the Council through the City Manager; and WHEREAS, the City Manager, concurring in the committee's report, has transmitted the same to the Council, recommending award of the contract as herein- after provided; and the Council, considering all of the same, has determined that the bids hereinafter accepted are the lowest and best bids made to the City for th, supply of said materials and that funds sufficient to pay for the purchase price o: said materials have been appropriated; and WHEREAS, it is necessary for the usual daily operation of the municipal goverament that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: (a) That the proposal of The American Oil Company to furnish and deliver to the City its annual requirements of No. 1 fuel oil for the period beginning November 1, 1971, and ending October 31, 1972, in full accordance with the City's specifications and requirements made therefor and with said bidder's written pro- posal made to the City, for the following price, namely: For No. 1 fuel oil: Tank wagon price ............................ $ .1870 per gal. Less discount ................................. 0450 per gal. Net price to the City ........................ $ .1420 per gal. (b) That the proposal of Whiting Oil Company to furnish and deliver to the City its annual requirements of No. 2 fuel oil for the period beginning November t, 1971, and ending October 31, 1972, in full accordance with the City's specifications and requirements made therefor and with said bidder's written pro- posal made to the City, for the following price, namely: For No. 2 fuel oil: Tank wagon price ............................. $ .1750 per gal. Less discount ................................. 0431 per gal. Net price to the City ........................ $ .1319 per gal. the aforesaid prices being based on the current "Posted Consumer Tank Wagon Prices" at Roanoke, Virginia, to be adjusted to any increase or decrease of the "Posted Consumer Tank Wagon Prices" in effect at Roanoke, Virginia, on day of delivery, but the afore- said discounts to remain unchanged throughout the contract period; be, and said proposals are hereby ACCEPTED; and the City Purchasing Agent be, and h is hereby authorized and directed, for and on behalf of the City, to enter into requisite contract with or issue appropriate purchase orders to said companies in accordance herewith and subject to the abovementioned specifications and re- quirements. BE IT FURTHER ORDAINED that the proposals of the other bidders for the supply of the aforesaid fuel oil requirements be, and said other proposals are here by REJECTED; and the City Clerk shall so notify each said other bidder and shall express to each the City's appreciation for the submission of said bids. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in full force and effect upon its passage. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of November, 1971. No. 19928. A RESOLUTION authorizing the issuance of a Change Order to the City's Contract "M", with Brock & Davis Co., Inc., dated May 25, 1970, for the new Boxley Hills Booster Pumping Station so as to extend for a period of twenty-six (26) additional calendar days the contract time for performance of the contract by said contractor. WHEREAS, under the terms of Contract "M" between the City and Brock & Davis Co., Inc., made May 25, 1970, it was provided that the new Boxley Hills Pumping Station was to be constructed and fully completed by said contractor with- in 300 calendar days from commencement of work thereon, which star. ting date, in such instance, was established as of June 22, 1970, said contractor being required in the performance of such work, to install certain machinery and equipment furnisl to the City by other contractors and suppliers under separate contracts with the City, and being limited, in performance of the work, to the terms of certain per- mits of the State Highway Department. issued to the City; Contract "M" providing, further, for liquidated damages to the City at the rate of $50.00 per day for any delay beyond said 300 calendar day,s in completion of said c,ontract; and WHEREAS, the City Manager, in report to the Council made on October 25, 1971, has advised that due to matters beyond control of the City's said contractor a delay of 26 days occurred in completion of construction of said Boxley Hills Pumpi-ng Station, it having been completed and accepted by the City on May 14, 1971 ho part of which delay is properly chargeable to said contractor, strikes and othe causes beyond its control having occasioned such delay; and the City Manager, con' sidering such matters, has recommended to the Council that 26 calendar days be agreed to be added to the time specified in the contract for completion of said booster pumping station, in which recommendation the Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council doth hereby approve the City Manager's issuance and execution of a Change Order to the City's Contract "M" with Brock ~ Davis Co., Inc., dated May 25, 1970, for constructing the new Boxley Hills Pumping Station, so as to extend from 300 calendar days to 326 calendar days the contract time for performance of said con- tract by said supplier. BE IT FURTHER RESOLVED that the City Auditor be, and is hereby authorized and directed to pay to Brock & Davis Co., Inc., the sum of $1,300.O0, which said sum together with sums previously paid said contractor by the City amounts to the full contract price for all of the Work done pursuant to the terms of the written contract; it to be understood that said contractor's guaranty of materials and worl manship supplied by said contractor shall extend for a period of one (1) year from May 14, 1971, aforesaid. ATTEST: ~ Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of. November, 1971. No. 19931. AN ORDINANCE to amend and reordain Section =77, "Civic Center," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~77, "Civic Center," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CIVIC CENTER ~77 Personal Services (1) (2) ................... $203,492.00 (1) Decrease Salaries account by $8,968.00 and increase Extra Help account by $8,968.00 (2) Abolish four Watchmen positions at Grade 7 and two Laborer I positions at Grade 7 and add five Laborer II positions at Grade 10, effective November 1, 1971. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CiTY OF ROANOKE, VIRGINIA, The 8th day of November, 1971. No. 19932. AN ORDINANCE to amend and reordain Section ~77, "Civic Center," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ¢77, "Civic Center," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CIVIC CENTER ¢77 Personal Services (1) ................. $195,980.00 (1) Net decrease .$7,512.00 Abolish one Box Office Supervisor BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTE ST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of November, 1971. No. 19933. A RESOLUTION accepting a Grant Offer made to the City of Roanoke by the United States of America, acting through the Federa-1 Aviation Agency, for Roanoke Municipal Airport Project No. ADAP 8-51-0045-01; authorizing the City Manager to execute said Grant Agreement as evidence of the City's acceptance thereof; authorizing the City Clerk to affix the City's seal and to attest the same; and authorizin9 the City Attorney to execute the requisite Certificates. WHEREAS, the Federal Aviation Agency, acting for the United States of America, has approved a Project and tendered to the City of Roanoke a Grant Offer under which the United States .offers to pay fifty per centum (50%) of the allowabl costs of a Project for development of the City's Roanoke Municipal Airport as hereinafter set out, subject to the terms and conditions, including special conditions, embodied in the Grant Agreement hereinafter referred to and incorporat- ed herein by reference; and WHEREAS, the offer made by the United States is agreeable to the City and must be accepted in the manner provided in the terms thereof and in accordance with the regulations incorporated therein by reference. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That said City of Roanoke does ratify and adopt the Project Applica- tion of the City dated October 21, 1971, made to the United States of America, Federal Aviation Administration, and incorporated into the Grant Agreement. next hereinafter referred to and, further, does hereby ACCEPT that certain Grant Offer made to the City by the United States of America, actin9 through the Federal Aviation Agency, for the purpose of obtainin9 Federal aid in the development of Roanoke Municipal Airport as set forth in a certain Grant Agreement, bearin9 date of 5 Nov., 1971, for Project No. ADAP 8-51-0045-01, Contract No. FAEA 1084 for a 9rant of Federal funds to the City of Roanoke for a Project for development of the City's Roanoke Municipal Airport, consistin9 of strengthening Runway 15-33 (2250 feet) and parallel Taxiway (2020 feet); and shoulder stabilization and blast pad construction on Runways 5 and 33, equal to fity per centum (50%) of the allowable costs of said Project, the maximum obligation of the United States payable Under said Grant Of'fer to be $130,000.00, the aforesaid Grant Agreement, a copy of which is on file in the office of the City Clerk, being hereby incorpor- ated into this resolution by reference and an unsigned copy thereof being attached hereto and made a part hereof, as fully as if set out in extenso; 2. That the City of Roanoke shall enter into a Grant Agreement with the United States for the purpose of obtaining Federal aid in the development of the City's Roanoke Municipal Airport by executing the Acceptance of the Grant Offer set out as Part II of the Grant Agreement referred to in this resolution and incorporated herein by reference; and 3. That Julian F. Hirst, City Manager, be, and he is hereby authorized and directed to execute on behalf of the City the aforesaid Grant Agreement in the manner provided, as evidence of the City's acceptance thereof; that the City Clerk, be, and is hereby authorized and directed tO affix to said Grant Agreement the City's seal and to attest the same; and that the City Attorney be, and he is hereby authorized, thereafter, to execute the requisite Certificate incorporated into said Grant Agreement. APPROVED ATTE ST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of November, 1971. No. 19934. AN ORDINANCE to amend and reordain Section ~45, "Police Department," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. '66 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~45, "Police Department," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: POLICE DEPARTMENT =45 Vehicular Equipment - Additional (1) ............... ~ .......... $ 7,950.00 Other Equipment - New (2) ............... 12,962.00 (1) Net increase- .$ 4,500.00 (2) Net increase-- 12,692.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTE ST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of November, 1971. No. 19935. AN ORDINANCE to amend and reordain Section ~45, "Police Department,"of the 1971-72 Appropriation Ordinance, and providin9 for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =45, "Police Department," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: POLICE DEPARTMENT =45 Printin9 and Office Supplies (1) ............................ $ 6,850.00 Rentals (2) ............................. 1,025.50 (1) Net increase ........ $ 150.00 (2) Net increase ..... 1,025.50 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTE ST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of November, 1971. No. 19936. AN ORDINANCE to amend and reordain Section =65, "Airport," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =65, "Airport," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: AIRPORT ~65 Fees for Professional and Special Services (1) ............................. $5,500.00 (1) Net increase ....... $3,500.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Deputy City Clerk APPROVED Ma yor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of November, 1971. No. 19937. A RESOLUTION grantinq revocable, non-transferable permission to Melvin L. Clemons to pursue the home occupation of repair of television and radio receivers upon premises located at 1108 Pleasant View Avenue, N.W., known as Lot 10, Block 13, Map of Round Hill Park, Section No. 5, Official Tax No. 2141410, upon certain terms and conditions. WHEREAS, Melvin L. Clemons, owner of the property or premises herein- after described, has requested that he be permitted to pursue a certain home occupation in the nature of television and radio receiver repair on the herein- after described premises, and upon consideration of the request and pursuant to the provisions of Paragraph (h), of Subsection 17, of Sec. 79.1, of Chapter 4.1 of Title XV, of the Code of the City of Roanoke, 1956, as amended, this Council is agreeable to said owner's proposal and is willing to permit the pur- suit of such home occupation upon the terms and conditions herein contained. THEREFORE, BE IT RESOLYED by the Council of the City of Roanoke that permission be, and is hereby granted Melvin L. Clemons, owner of the premises located at 1108 Pleasant View Avenue, N. W., known as Lot 10, Block 13, Map of Round Hill Park, Section No. 5, Official Tax No. 2141410, to temporarily pursue and carry out the home occupation defined as repair of television and radio receivers upon the above-described premises, such pursuit to be governed strictly by each of the provisions of Subsection 17, Home occupation, of Sec. 79.1, Interpretation of certain terms and words, of Article X¥I, Chapter 4.1, of Title XV, relating to ~Zoninq, of the Code of the City of Roanoke, 1956, as amended, and )articularly in accordance with Paragraph (h) of said Subsection 17, which reads s follows, viz: (h) Provided, however, that the term home occuDa;ioll may include activities in the nature of repair of television receivers and repair of fractional horsepower motors, provided that such activities: (1) Are limited to basements and garages, (2) Involve no employees, (3) Are limited to normal daylight hours, (4) Involve no advertising signs on or off the premises, (5)Involve no wholesale or retail sales from or upon the premises, and provided, further, that permission for carrying on any such activities shall be granted solely at the pleasure of the Council, any such permission being in the nature of a temporary revocable permit; and nothing contained in this section shall be construed to establish in any such permittee a right in his premises to carry on any such activity as a nonconforming use under this chapter; ;he permit herein granted to be non-transferable and revocable at the will of the ;ity Council, it to be agreed by said permittee as evidenced by his e~ecution of n attested copy of this resolution, that said permittee expressly consents ereto and agrees, in consideration of the permit herein temporarily granted, that ~either he nor his heirs, successors or assigns shall, by the pursuit of the ctivity herein authorized, establish a right in his premises to carry on such ctivity as a nonconforming use under the aforesaid zoning regulations, and that, pon notice of revocation of the within permit, mailed to said permittee or posted n the aforesaid premises, said permittee shall, within (60) days from the date f mailing or posting of such notice, cease said pursuit or calling on such remises. BE IT FURTHER RESOLVED that the.provisions of this resolution shall ot become fully effective until such time as an attested copy of this resolution hall have been duly signed, sealed, attested and acknowledged by said permittee, nd filed in the Office of the City Clerk. 6q ACCEPTED and EXECUTED by the undersigned this day of 1971: (SEAL) Melvin L. Clemons STATE OF VIRGINIA CITY OF ROANOKE To-wit: I, , a Notary Public in and for the City of Roanoke, in the State of Virginia, do hereby certify that MELVIN L. CLEMONS, whose name is signed to the foregoin9 resolution bearin9 date the day of , 1971, has personally appeared before me in my City and State aforesaid and acknowledged the same. GIVEN under my hand this day of , 1971. My Commission expires: ATTE ST: Deputy APPROVED Notary Public City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of November, 1971. No. 19938. AN ORDINANCE exercisin9 the right to purchase a parcel of land contain- in9 approximately 0.386 acre situate in the City of Roanoke, bein9 the southwe'ster-~ ly portion of Official Tax No. 2130419, and needed for the City's Industrial Access Road Project 9999-128-103, C-502, upon certain terms and provisions; pro- vidin9 for notice of the City's exercise of a written purchase option for said land; providin9 for payment of the purchase price thereof upon delivery of a deed to the City and for recordation of said deed; and providin9 for an emergency. WHEREAS, the City of Roanoke, on October 1, 1971, entered into a purchase option agreement with the owners of a certain parcel of land situate in the City of Roanoke, whereby the City was 9ranted the option to purchase said land upon certain terms and provisions hereinafter set forth; and WHEREAS, the City needs such land for the construction of its Industrial Access Road Project 9999-128-103, C-503, and funds sufficient for the payment of the purchase price have heretofore been appropriated by the Council; and WHEREAS, it is necessary for the usual daily operation of the municipal 9overnment that this ordinance take effect upon its passage. 7O THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City's right to purchase that certain parcel containing approximately 0.386 acre situate in the City of Roanoke, being the southwesterly portion of Official Tax No. 2130419, shown in detail as Parcel No. 009 on Sheet 3 of the plans for said project, from Thomas M. Crowell and Laura C. Crowell, owners, pursuant to a written purchase oPtion agreement dated the 1st day of October, 1971, made by the City with said owners, be and is hereby exercised, and the City Attorney be and is hereby directed to notify, forthwith, said owners, of the City's aforesaid election, by mailing to them, by certified mail, an attested copy of this ordinance. BE IT FURTHER ORDAINED that, upon certification by the City Attorney of good title to said land and upon delivery to the City of a good and sufficient deed of conveyance, prepared and approved by the City Attorney and made with-- General Warranty of Title and Modern English Covenants, the City Auditor be and -~ is hereby authorized and directed to issue and deliver to the City Attorney for delivery to said owners the City's check in the sum of $2,700.00, in payment of the agreed purchase price of said land; thereafter said deed to be recorded in the Clerk's Office of the Hustings Court of the City of Roanoke, Virginia. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance shall be in force and effect upon its passage. ATTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of November, 1971. No. 19940. A RESOLUTION approving the City Manager's issuance of Change Order No. 2 in connection with the City's contract for the construction of concrete curbs, gutters and sidewalks in various parts of the City, heretofore authorized by Ordinance No. 19340. 'WHEREAS, the City Manager, in written report to the Council, has recommended that the Council approve the issuance of a second change order to the City's contract hereinafter described so as to provide for the construction of additional concrete curbs, gutters and sidewalks at various locations in the City to be designated by the City Manager at such time or times as abutting owners have paid to the City their proportionate part of the cost of such improve- ments, said work to be accomplished by H. & S. Construction Company, the City's current sidewalk contractor; and WHEREAS, funds sufficient for the payment of the cost of such additional work have been appropriated by the Council for the purpose, and the Council is of opinion that such work is necessary. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be, and is hereby authorized and empowered to issue, for and on behalf of the City, Change Order No. 2 to the City's contract with H. ~ S. Construction Company made October 6, 1970, and authorized by Ordinance No. 19340 to be entered into, so as to provide for the construction of additional concrete curbs, gutters and sidewalks by said contractor at various locations in the City to be designated by the City Manager, at the same unit prices set out in the aforesaid basic contract, but at a total additional aggregate cost not to exceed $6,183.45, to be paid the aforesaid contractor out of the present balance of funds heretofore appropriated by the Council for the purpose. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of November, 1971. No. 19941. A RESOLUTION approving the City Manager's issuance of a Change Order in connection with the City's contract for the construction of the Municipal Building Annex. WHEREAS, the City Manager, in report to the Council dated November 8, 1971, has recommended that the Council approve the issuance of a Change Order so as to provide for a change in the material and design of a dedication plaque for the Municipal Building Annex to be accomplished by John W. Daniel ~ Company, Inc., the City's contractor for said project, at an additional cost of $214.00; all as havin9 been agreed to by said contractor; and WHEREAS, funds sufficient for the payment of the aforesaid additional costs have been or are being appropriated by the Council for the purpose, and the Council is of opinion that such change is desirable. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke t~t the City Manager be, and he is hereby authorized and empowered to issue, for and on behalf of the City, a numbered Change Order to the City's contract with John W. Daniel ~ Company, Inc., so as to provide for a change in the material and design of a dedication plaque for the Municipal Building Annex as such change is 72 described and set out in the City Manager's report made to the Council on November 8, 1971, all for an additional cost to the City of $214.00, to be paid said contractor out of funds appropriated for the purpose. ATTE ST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of November, 1971. No. 19942. A RESOLUTION approving the City Manager's issuance of a Change Order in connection with the City's contract for the construction of the Municipal Building Annex. WHEREAS, the City Manager, in report to the Council dated November 8, 1971, has recommended that the Council approve the issuance of a Change Order so as to provide for the installation of panels necessary to properly support coat racks on the walls of the Municipal Building Annex to be accomplished by John W. Daniel G Company, Inc., the City's contractor for said project, at an additional cost of $378.86; all as having been agreed to by said contractor. WHEREAS, funds sufficient for the payment of the aforesaid additional costs have been or are being appropriated by the Council for the purpose, and the Council is of opinion that such work is desirable, in order to provide proper support for said coat racks. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized and empowered to issue, for and on behalf of the City, a numbered Change Order to the City's contract with John W. Daniel G Company, Inc., so as to provide for the installation of panels necessary to properly support coat racks on the wall of the Municipal Building Annex as such work is described and set out in the City Manager's report made to the Council on November 8, 1971, all for an additional cost to the City of $378.86, to be paid by said contractor out of funds appropriated for the purpose. APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of November, 1971. No. 19943. AN ORDINANCE providing for the purchase and acquisition of radio communi- cations equipment for use in certain City automobiles, by accepting the proposal of Motorola Communications and Electronics, Inc., upon certain terms and conditions and providing for an emergency. WHEREAS, on October 27, 1971, after due and proper advertisement had been made therefor, a single bid for the supply of the equipment hereinafter authorized to be purchased was opened and read before the committee appointed by Council for the purpose of receiving and opening such bids; and WHEREAS, said committee has reported in writing to the Council under date of November 8, 1971, that the bid hereinafter accepted is the lowest, best and only bid made to the City as the result of such advertisement, and should be accepted; and WHEREAS, funds sufficient for the payment of the purchase price of the equipment authorized to be purchased have been appropriated for the purpose and it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the bid of Motorola Communications and Electronics, Inc., to furnish, sell and deliver to the City 28 mobile radios, 1 base station and 20 portable radios, in full compliance with the City's specifications made therefor, for use in certain City automobiles for the sum of $36,690.00 cash, be and said proposal is hereby ACCEPTED; and the City's Purchasing Agent is hereby authorized and directed to issue to the successful bidder the City's purchase order for the aforesaid new equipment, incorporating into said purchase order the City's aforesaid specifica- tions, said bidder's proposal and guarantees and warranties, and the provisions of this ordinance; and upon delivery to the City and the City's acceptance of said new equipment, the proper City officials shall be and are hereby authorized and directed to make requisite payment to said successful bidder for the aforesaid purchase price, not to exceed the sum hereinabove set out. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in force and effect upon its passage. ATTE ST: Deputy APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of November, 1971. No. 19944. AN ORDINANCE to amend and reordain Section =93, "Temporary Loans," and Section g95, "Interest on Indebtedness," of the 1971-72 Appropriation Ordi- nance, and providing for an emergency. 'WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section g93, "Temporary Loans," and Section ~95, "Interest on Indebtedness," of the 1971-72 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: TEMPORARY LOANS ~93 Temporary Loans ....................... $1,500,000.00 INTEREST ON INDEBTEDNESS ~95 Interest on Temporary Loans ................................. $ 6,200.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTE ST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of November, 1971. No. 19929. AN ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, and Sheet No. 274, Sectional 1966 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have Lots 7 and 8, part of an alley and part of Panorama Avenue Block A, Panorama Heights, rezoned from RD, Duplex Residential District, to RG-1, General Residential District; and WHEREAS, the City Planning Commission has recommended that the herein- after described land be rezoned from RD, Duplex Residential District, to RG-1, General Residential District; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 71, Chapter 4.1, Title XV, of The Code of the City of Roanoke, 1956, as amended, relatin9 to Zonin9, have been published and posted as required and for the time provided by said section; and~ WHEREAS, the hearin9 as provided for in said notice was held on the 8th day of November, 1971, at 2 p.m., before the Council of the City of Roanoke, at which hearin9 all parties in interest and citizens were 9iven an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considerin9 the evidence as herein pro- vided, is of the opinion that the hereinafter described land should be rezoned. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, relatin9 to Zonin9, and Sheet No. 274 of the Sectional 1966 Zone Map, City of Roanoke, be amended in the followin9 particular and no other, viz.: Property located on Panorama Avenue, described as, Lots 7 and 8, part of an alley and part of Panorama Avenue Block A, Panorama Heights, designated on Sheet 274 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax No. (s). 2740202 and 2740203, be, and is hereby, changed from RD, Duplex Residential Dis- trict, to RG-1, General Residential District, and that Sheet No~ 274 of the aforesaid map be changed in this respect. ATTE ST: Deputy APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of November, 1971. No. 19930. AN ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, and Sheet No. 421, Sectional 1966 Zone Map, City of Roanoke, in relation to Zonin9. WHEREAS, application has been made to the Council of the City of Roanoke to have a 12 acre more or less tract bounded on the south by Wise Avenue, S. E., on the north and east by Tinker Creek, and on the west by the remainin9 land of Virginia Scrap Iron ~ Metal Co., Inc., known as Lots 1 through 5, Block 33; Lots 1 through 16, Block 34, Lots 7 through.19, Block 35; Lots 1 through 8, Block 39; the 9rearer portion of Block 38; the southeasterly 1/3 more or less of Block 37 according to the map of McDonald Addition and that narrow strip of land bounded on the north and east by Tinker Creek and the Norfolk and Western right of way and on the south and west by Blocks 33 and 34 McDonald Addition designated as official tax map numbers ~4210501 through ~4210506, ~4210401 through ~4210418, ~4210307 through ~4210327, ~4210330, ~4210331 and portions of ~4210328, and ~4210329, rezon- ed from LM, Light Manufacturing District, to RG-1, General Residential District; and WHEREAS, the City Planning Commission has recommended that the hereinafteri described land be rezoned from LM, Light Manufacturing District, to RG-1, General Residential District; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 71, Chapter 4.1, Title X¥, of The Code of the City of R'oanoke, 1956, as amended, relating to Zoning, have been published and posted as required and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the 8th day of November, 1971, at 2 p.m., before the Council of the City of Roanoke, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the evidence as herein provided, is of the opinion that the hereinafter described land should be rezoned. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, and Sheet No 421 of the Sectional 1966 Zone Map, City of Roanoke, be amende~ in the following particular and no other, viz.: Property located on Wise Avenue, S. E., described as: BEGINNING at a point on the southerly side of Tinker Creek at the westerly most point of a 1.2 acre more or less tract conveyed to Norfolk and Western Railway by deed dated March 28, 1960 from Spruce Realty Corporation of record in Deed Book 1072 at page 213 in the Office of the Clerk of the Hustings Court of the City of Roanoke; thence with the southerly line of said 1.2 acre tract with a curve to the right whose radius is 1272.69' more or less for an arc distance of 687' more or less to a point on the southerly bank of Tinker Creek; thence generally withthe southerly bank of Tinker Creek in its meanderings the following courses and distances: S. 480 40' E. 76.01 feet to a point; thence S. 520 23' E. 241.56 feet to a point; thence S. 50° 33' E. 233.00 feet more or less to a point on the northerly side of Wise Avenue; thence leaving Tinker Creek and with the northerly side of Wise Avenue, S. 760 11' W. 119.94' to a point; thence continuing with the northerly side of Wise Avenue, S. 820 28' W. 1200.44' more or less to the southwesterly corner of Lot 7, Block 35 according to the Map of McDonald Addition (Deed Book 330, page 6); thence with the westerly line of the said Lot 7, Block 35 McDonald Addition and with a new line extending 75 feet into Block 38 McDonald Addition, N. 70 32' W., a total distance of 375.00 feet to a point; thence with a straight new line through Blocks 37 and 38 McDonald Addition in a northeasterly direction for a distance of 500.00 feet more or less to the place of BEGINNING and with reference to the map of McDonald Addition aforesaid BEING ail of Lots 1 through 5, Block 33; Lots 1 throuqh 16, Block 34; Lots 7 through 19, Block 35; Lots i through 8, Block 39; the 9reater portion of Block 38; the southeasterly 1/3 more or less of Block 37; and that narrow strip of land bounded on t~ north and east by Tinker Creek and the Norfolk and Western riqht of way and on the south and west by Blocks 33 and 34 McDonald Addition; and further, BEING a portion of the same proper~ conveyed to Virginia Scrap Iron g Metal Company by deed dated July 12, 1966 from Sylvia Berman of record in Deed Book 1203 at page 601 in the Office of the Clerk of the Hustings Court of the City of Roanoke. Said property designated on Sheet 421 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax Nos. ~4210501 through ~4210506; ~4210401 through ~4210418; ~4210307 through ~4210327; Portions of ~4210328 and ~4210329; and~210330 and g4210331, be, and is hereby, chanoed from LM, Lioht Manufacturin9 District, to RG-1, General Residential District, and that Sheet No. 421 of the aforesaid map be changed in this respect. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of November, 1971. No. 19939. AN ORDINANCE authorizing the rental of four (4) square feet of floor space in the main equipment room of the transmitter building atop Mill Mountain to the Blue Ridge ETV Association for use, upon certain terms and conditions. WHEREAS, the City Manager has advised the Council that the Blue Ridge ETV Association, desires to rent certain space in the main equipment room of the City's transmitter building atop Mill Mountain for use of a television translator and associated equipment and, also, certain outside space on the antenna tower, and said association is agreeable to the terms and provisions hereinafter contained THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that said City doth hereby agree to rent to the Blue Ridge ETV Association four (4) square feet of floor space in the main equipment room of the transmitter building atop Mill Mountain for said association's use for the placement and operation of a television translator, with associated equipment, and, also, space on the tower adjacent to said building for their antennae, to be connected by coaxial cable to the radio equipment in said building, upon the following terms and conditions: 1. That the right of such use shall commence during the calendar year 1971, on or after November 1 in said year; 2. That the term of said agreement shall be from month to month with the right in either party to terminate said agreement upon 30-days' written notice to said other party; 3. That the Blue Ridge ETV Association pay to the City the sum of $562.80 per year, payable in equal quarter-annual payments of $140.70 each; 4. That the City supply without additional charge therefor, heat light, water and electric power, but not telephone service, reasonably necessary for the operation of the aforesaid radio equipment; 5. That authorized representatives or employees of said association have free right of ingress and egress to and from the aforesaid premises at all reasonable times in and about the operation and maintenance of said radio equip- ment; 6. That the radio and other equipment installed on the City's premises pursuant hereto be located in such place or places and be of such type as is specified or approved by the City's Chief Communications Officer; and 7. That the City reserves the right to terminate the aforesaid agreement at any time on 30-days' prior notice in writing by the City Manager to said associa tion should the City Manager determine a need for the City's own use of the space or premises hereinabove mentioned or should the City Manager determine that said association's radio equipment interferes, by its operation, with the operation of the City's radio or communications equipment, or the operation of any other lessee of the City. BE IT FURTHER ORDAINED thatthe agreement herein authorized to be entered into on behalf of the City may be effected by the City's execution of a written lease agreement embodying the terms herein provided, approved as to form by the City Attorney. AT TE ST: ~0~i3_..~ Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of November, 1971. No. 19948. AN ORDINANCE authorizing and directing the City Manager to make a written offer in the amount of $225,000 to Continental Trailways and The Greyhound Corporation for the purchase of a certain tract of land and upon acceptance of said offer, providing for the purchase of said tract, upon certain terms and con- ditions; and providing for an emergency. WHEREAS, upon investigation of suitable sites for the location of a service center in the City of Roanoke, the Site hereinafter described would be well suited for the development and construction of a service center; and WHEREAS, the City Manager, in report to Council dated November 15, 1971, has indicated that the present owners would be willing to sell this property to the City for a total cost to the City of $225,000; and WHEREAS, funds sufficient to pay the aforesaid purchase price has been appropriated by the Council Mr such purpose and it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized and directed for and on behalf of the City to make a written offer to The Greyhound Corporation and Continental Trailways to purchase that certain 12.619 acre tract of land located west of Courtland Road and' south of Noble Avenue in the City of Roanoke, ~signated as Official No. 3060433 free from all encumbrances, for a total cost to the City of $225,~0, which said offer may be made in the form of a written contract of sale executed by the City Manageron behalf of the City and tendered to said owners. BE IT FURTHER ORDAINED that, upon acceptance of the offer by The Grey- hound Corporation and Continental Trailways by execution of said contract and upon certification by the City Attorney of title to said property and delivery to the City of a proper deed of conveyance prepared or approved by the City Attorney, said deed to include the seller's General Warranty of Title and the Modern English Covenants, and to be executed and acknowledged as approved by the City Attorney, the City Auditor shall be and he is hereby authorized and directed to issue and deliver the City's check or checks in payment of the aforesaid purchase price, made payable to such proper person'or persons as is directed by said City Attorney. BE IT FINALLY ORDAINED that an emergency existing, this ordinance shall be in force and effect upon its passage. ATTE ST: Deputy APPROVED City Clerk Mayor 8O IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of November, 1971. No. 19949. AN ORDINANCE to amend Sec. 3. Sale or other disposition of property seized by~ police - Generally, of Chapter 1. Title XI, of the Code of the City of Roanoke, 1956, as amended; and providing for an emergency. WHEREAS, it' is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec. 3. Sale or other disposition of property seized by police - Generally, of Chapter 1. Police Forces, of Title XI, Police Force and Courts, of the Code of the City of Roanoke, 1956, as amended, be and said section is hereby amended and reordained so as to read and provide as follows: Sec. 3. Sale or other disposition of property seized by police - Generally. It shall be the duty of the superintendent of police to keep a record of all property which may be seized or otherwise taken possession of by the police force of the city; and if such property so seized or taken possession of shall not be claimed by the rightfu~ owner thereof and possession surrendered to such owner within sixty days from the date ~ the final disposition of the court proceedings in connection with which such property was seized or otherwise taken posses- sion o~ or in case there are no such court pro- ceedings, then if such property so seized or taken possession of shall not be claimed by the rightful owner thereof and possession surrendered to such owner within sixty days from the date of such seizure or taking by the police, said superinten- dent of police shall publish or cause to be published, once, in a newspaper having general circulation in the city, a general, categorized description of such property, and shall give notice that if such pro- perty be not claimed by the rightful owner or owners thereof within ten days from the date of such publication, such property will be sold at public auction at such place as the superintendent of police may direct and in such manner as to expose to the inspection of bidders all property so offered for sale; provided, that such unclaimed property, if deemed by the superintendent of police to be of use to the department of police, may be retained for the use of said department. In addition to the publication notice herein pro- vided for, said superintendent of police shall cause to be posted at the Campbell Avenue entrance to the Courthouse a description of such property together with the date of seizure or the taking of possession thereof, if known, and shall make a record of the date when such publication and the posting of notice are made, and if within ten days from the date of such publication and posting no claim for such property described in such notices shall have been made by the rightful .owner thereof, the superintendent of police shall proceed to sell such property at public auction. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in force and effect upon its passage. APPROVED ATTE ST: ~~ Dmnutv City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of November, 1971. No. 19950. A RESOLUTION waiving, to the extent herein provided and upon the terms herein contained, a stipulation contained in the contract between the City of Roanoke and the County of Roanoke made under date of September 28, 1954. WHEREAS, the Board of Supervisors of Roanoke County has propo.sed that approximately 683 linear feet of a certain relief interceptor being constructed in said County parallel and adjacent to the City's existing Peters Creek Inter- ceptor Line be located inside the corporate limits of the City on certain pro- perty of Rosava Investment Corporation and Roanoke Electric Steel Corporation, said new relief interceptor line to cross Roanoke River, in the County, and to connect with the City's Roanoke River Sanitary Sewer Interceptor upstream from the City's connection of its Peters Creek Sanitary Sewer Interceptor Line with said larger interceptor; and WHEREAS, the City of Roanoke's contract dated September 28, 1954, with the County of Roanoke Stipulating that upon the installation by said County of a sewer line within the City, the County will cause title to the sewer line so ¢on- strutted within the City to be conveyed to the City, said Board of Supervisors has, by resolution adopted August 11, 1971, requested the City of Roanoke to waive the aforesaid contract stipulation with respect to the 683 feet, more or less, of said County's relief interceptor sewer line proposed to be located in said City; and this Council is willing to agree to such waiver upon the terms herein provided and to the extent, only, of the aforesaid relief interceptor line. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that, with respect to approximately 683 linear feet of the fourth phase of the Peters Creek Relief Sanitary Sewer Interceptor Line which is proposed by the Roanoke County Board of Supervisors to be constructed inside the corporate limits of the City of Roanoke, said City of Roanoke doth hereby waive that certain provision of the contract dated September 28, 1954, between the City of Roanoke. and Roanoke County, which, otherwise, would cause and require the title to said County's Petem Creek Interceptor Sewer Line to be conveyed by said County to said City, and doth agree, further, that said County's new Pete~ Creek Relief Sanitary Sewer Interceptor Line be connected directly to the City's existing Roanoke River Sanitary Sewer Interceptor Line at a point in said County upstream from the City's connection of its Peters Creek Interceptor Line with said larger interceptor, all such locations and connections to be in accordance with the plans therefor heretofore submitted by said County to the City, copies of which are on file in the office of the City Clerk; provided, however, that there be installed by the County at the point of connection of its said relief interceptor line with 82 the City's Roanoke River Interceptor Line, at no expense to the City, an adequate and proper metering and sampling station equipped with a meter of design and capacity approved by the City Manager to measure all flows through said relief interceptor line, said meter to be thereafter maintained and operated by the City but the City to be reimbursed by the County for all necessary expense of main- tenance and repair or replacement of said meter. BE IT FURTHER RESOLVED that an attested copy of this resolution be transmitted by the City Clerk to the Chairman of the Board of Supervisors of Roanoke County. APPROVED ATTE ST:/-~ Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of November, 1971. No. 19951. A RESOLUTION approving a Development Program and Comprehensive Plan datec August 9, 1971, and authorizing and approving 80 additional units of low-rent housing for Project No. VA. 11-10 proposed to be erected by the City of Roanoke Redevelopment and Housing Authority. WHEREAS, Council for the City of Roanoke did, by Resolution No. 18211, adopted on June 24, 1968, authorize and approve the execution on behalf of the City of Roanoke of a certain cooperation Agreement between the City of Roanoke and the City of Roanoke Redevelopment and Housing Authority for the construction of 600 units of low-rent housing, to be developed and located within the corporate limits of the City of Roanoke; and WHEREAS, pursuant thereto said Cooperation Agreement, dated June 25, 1968, was entered into between the said City of Roanoke and City of Roanoke Redevelopment and Housing Authority; and WHEREAS, by Resolution No. 18023, adopted on February 26, 1968, it was resolved by the Council of the City of Roanoke that there is a need in the City of Roanoke for an additional 600 units of low-rent housing, that the City of Roanoke Redevelopment and Housing Authority should proceed with the planning and surveys, and such other ~eps as are necessary in the development of a Development Program for an additional 600 units of iow-rent public housing in the City of Roanoke and the preparation of a Comprehensive Plan for the construction thereof for 'submission to the Council of the City of Roanoke; and said Council for the City of Roanoke did approve the borrowing by the Ci-~y of Roanoke Redevelopment and Housing Authority from the Housing Assistance Office of preliminary loan funds for the purpose of preparing said development program and comprehensive plan; and WHEREAS, by virtue of Sections 36-19.1, and 36-19.2 of the 1950 Code of Virginia, as amended, such Comprehensive Plan for such Project and the additional low. rent housing therein, proposed to be constructed is required to be authorized and approved by this Council; and WHEREAS, it appears that the development and construction of 80 of the aforesaid 600 low-rent dwelling units is necessary to enable said Authority to provide decent, safe, and sanitary housing for low-income citizens of the City of Roanoke, Virginia. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Development Program and Comprehensive Plan of Project No. VA. '11-10, dated August 9, 1971, prepared by the City of Roanoke Redevelopment and Housing Authority for the site improvement and erection of 80 additional low-rent dwelling units by the City of Roanoke Redevelopment and Housing Authority, a copy of said Develop- ment Program and Comprehensive Plan being on file in the Office of the City Clerk be and is hereby approved by this Council; and that the development and construc- tion by said Authority of such 80 additional low-rent dwelling units be and is hereby authorized and approved. ',A TTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15t'h day of November, 1971. ' No. 19952. A RESOLUTION relating to the establishment of a certain sanitary landfill area, capable of meeting the City's short-term requirements for sanitary refuse disposal; authorizing and directing that application be made to public .authorities of Roanoke County for a special use permit authorizing use of certain City-owned public property in Roanoke County for the purposes of such sanitary land-i .ifill operation; committing the City to certain assurances and undertakings in connection therewith; and stating the urgency of the public need for the establish- ment of said new public sanitary landfill. WHEREAS, the City of Roanoke's need for providing for the sanitary, ~efficient and economical disposal of rubbish, ashes, garbage and other solid waste refuse is acute, and means must be found by the City to make immediate provision for new and additional facilities, and members of a Committee appointed by Council have recommended the use of approximately 66 acres of the City's publicly owned land in the North Clear Zone of the Roanoke Municipal Airport, in Roanoke County, for the purpose of a public sanitary landfill facility, to be carefully maintained and supervised and to be efficiently and properly operated so as to fully conform to all health and safety requirements; and WHEREAS, there exists in the City of Roanoke no suitable area or space available for such purpose and the City, after considering all other known places or areas outside of the City, has determined the aforesaid North Clear Zone site to be the most adequate for the City's temporary needs; and WHEREAS, the City, in its aforesaid use of said 66-acre tract of land is willing and would commit itself to certain assurances for the proper, safe and sanitary operation of said landfill facility; and WHEREAS, the City's need for said sanitary landfill facility is acute and urgent and, for the preservation of the public health and safety, the Council considers an emergency to exist. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager, acting for and on behalf of the City, be, and he is hereby authorizedi and directed to make prompt application to the proper public authorities of Roanoke County f.or said County's issuance, under Article 16-3 of the Roanoke County Zoning Ordinance, of a special use permit to the City of Roanoke authoriz- ing the City's use of that certain approximately 66-acre tract or boundary of land owned by the City and situate in the North Clear Zone of the .Roanoke Municipal Airport in Roanoke County, immediately north of State Route 117, such special use permit to be made subject to such necessary and reasonable conditions as are proper in order to assure the good, safe, proper and sanitary operation of said landfill and to carry out the intent of the aforesaid zoning ordinance. APPROVED ATTEST: ~(~ DePuty City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of November, 1971. No. 19953. AN ORDINANCE authorizing a certain contract to be entered into with Burrell Memorial Hospital to provide hospitalization and treatment of indigent or 85¸ medically indigent patients; fixing the rates to be paid said hospital for such services for the period from November 1, 1971, to October 31, 1972; and providin9 for an emergency. WHEREAS, the City Manager has advised the Council by report dated November 8, 1971, that a contract has been prepared on Standard Form SLH to be entered into between the City and Burrell Memorial Hospital establishing and fixing the rates to be effective with said hospital as hereinafter set out for services so rendered for the period from November 1, 1971, to October 31, 1972; and WHEREAS, funds have been appropriated by the Council in amounts deemed sufficient to pay the costs estimated to be incurred by the City under said con- tract and, for the usual daily operation of the municipal government, an emergency is declared to exist in order that this ordinance be effective upon its passage and retroactive in its effect to November 1, 1971. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized and directed, for and on behalf of the City, to agree and enter into a contract with Burrell Memorial Hospital, on Standard Form of Contract SLH, approved by the State Department of Welfare and Institutions, providing for said hospital's hospitalization and treatment and inpatient care of the City's indigent and medically indigent patients at the rate of $48.33 per day, commencing as of November 1, 1971. BE IT FURTHER ORDAINED that the aforesaid contract provide, further, for the City's payment for outpatient and/or emergency room service for its indigent or medically indigent patients at the all-inclusive rate of $6.50 per visit. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance shall be effective upon its passage and shall be retroactive in its effect to November 1, 1971. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of November, 1971. No. 19946. AN ORDINANCE permitting an encroachment of not more than eight inches for the first twelve feet and twenty inches over the twelve foot level of a new facin9 on a buildin9 over the buildin9 setback line on Third Street, S.W., for a distance of approximately om hundred thirty-five feet, said facing to be erected on the west side of a building located on Official No. 1012501, upon certain terms and conditions. WHEREAS, The Chesapeake and Potomac Telephone Company of Virginia, owner of the property hereinafter described, on which the building of said firm is situate, located at 224 Luck Avenue, S. W., requested that it be permitted to erect a new facing extending upon but not more than eight inches for the first twelve feet and twenty inches over the twelve foot level into the building set- back line on Third Street, S.W., said new facing to be approximately one hundred thirty-five feet in lenght along said Third Street, S. W.; and WHEREAS, the City Manager has reported that the request of said applicant as provided herein will pose no problem to the City in respect to future streets and should therefore be granted, a sketch of the propos~ construction having been made and filed in the office of the City Clerk; and WHEREAS, pursuant to the authority vested in local governing bodies by § 15.1-376 of the 1950 Code of Virginia, as amended, this Council is agreeable to said applicant's proposal and is willing to permit the encroachment herein- after mentioned over and into not more eight inches for the first twelve feet and twenty inches over the twelve foot level into the building setback line on Third Street, S. W., abutting said applicant's property, upon the terms and con- ditions hereinafter contained. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, that permission be, and is hereby granted The Chesapeake and Potomac Telephone Company of Virginia, owner of the lot described as Official No. 1012501, on which the building occupied by said company at 224 Luck Avenue, S. W., is located, on the south side of said Luck Avenue, to erect a new facing on the side of said building approximately one hundred thirty-five feet in length along Third Street, S. W., which said new facing may encroach westerly for a depth of not more than eight inches for the first twelve feet and twenty inches over the twelve foot level of said new facing over the building setback line on the east line of Third Street, S.W., abutting the aforesaid lot, as the said facing is indicated on a certain sketch showing the location and height of the same, a copy of which sketch is on file in the office of the City Clerk, said new facing to be properly and safely constructed and maintained at the expense of the aforesaid applicant, or its assigns, or successors in interest, on permit issued therefor by the Building Commissioner and in accordance with such of the City's building regulations and requirements as are applicable thereto and subject, also, to all of the limitation contained in § 15.1-376 of the 1950 Code of Virginia, abovementioned; it to be agreed by said permittee that by making and maintaining such encroachment, said permittee and its assigns or successors in interest agree to indemnify and save harmless the City of Roanoke of and from all claims for injuries or damages to persons or property that may arise by reason of the encroachment of said facing into the building setback line on Third Street, S. W. BE IT FURTHER ORDAINED that the provisions of this ordinance shall not become fully effective until such times as 'a written permit shall have been issued by the City's BuildingCommissioner to the aforesaid applicant, or its duly authorized contractor or representative, and until an attested copy of this ordinance shall have been duly signed, sealed and acknowledged by The Chesapeake and Potomac Telephone Company of Virginia, and shall have been admitted to record, at the cost of said' permittee, in the Clerk's Office of the Hustings Court of the City of Roanoke. EXECUTED and accepted by the undersigned this day of , 1971: THE CHESAPEAKE AND POTOMAC TELEPHONE COMPANY OF VIRGINIA ATTEST: President Secretary STATE OF VIRGINIA ~ ~ To-wit: CITY OF ~ and , a Notary Public in and for the City , State of Virginia, do hereby certify that President and Secretary respectively, of The Chesapeake and Potomac Telephone Company of Virginia, whose names as such are signed to the foregoing writing bearing date the day of 1971, have this date personally appeared before me in my City and State aforesaid and acknowledged the same. GIVEN under my hand this day of , 1971. My commission expires: . ATTEST: Deputy APPROVED City Clerk Notary Public Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of November, 1971. No. 19947. AN ORDINANCE granting revocable, non transferable authority to The Chesapeake and Potomac Telephone Company of Virginia to maintain underground fuel Oil storage tanks on premises located at 224 Luck Avenue, S. W., Official No. 1012501 encroaching on a planned major arterial highway right-Of-way, upon certain terms and conditions. WHEREAS, The Chesapeake and Potomac Telephone Company of Virginia, owner of the property or premises hereinafter described, has requested that it be permitted to maintain certain underground fuel oil storage tanks on said property which will encroach into the right-of-way heretofore planned and approved for Franklin Road, S. W., as a major arterial highway on the City's Major Arterial Highway Plan adopted February 15, 1965, .by Resolution No. 16274, and which said fuel oil storage tanks would be permitted, under certain conditions, to en- croach into the right-of-way area established on the north side of said planned major arterial highway; and upon consideration of the request and pursuant to the authority vested in local governing bodies by Chapter 10, Title 15.1 of the 1950 Code of Virginia, as amended, this Council is agreeable to said owner's proposal and is willing to permit the encroachment over and in said areas upon the terms and conditions herein contained. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that permission'be and is hereby granted The Chesapeake and Potomac Telephone Company of Virginia, owner of the premises located at 224 Luck Avenue, S. W., Official No. 1012501, to temporarily maintain as an encroachment certain underground fuel oil storage tanks and related underground piping located on said property, which said fuel oil storage tanks shall be no closer than 3 feet from the proposed north curb line of said proposed street but may temporarily be allowed to remain within the proposed arterial highway right-of-way, all such construction to be maintained with approved and permitted materials and to be properly constructed and safely maintained at the expense of said occupant, in accordance with such of the City's building, fire and other regulations and requirements as are applicable thereto; the maintenance of the aforesaid encroachment to be subject to the limitations contained in § 15.1-376 of the 1950 Code of Virginia, abovementioned, and the permit herein granted to be non-transferable and revocable at the will of the City Council, it to be agreed by said permittee, as evidenced by its execution of an attested copy of this ordinance,, that said permittee consents hereto and agrees to indemnify and save harmless the City of Roanoke of and from all claims for injuries or damages to persons or property that may in any manner arise by reason of such encroachment; that, upon notice of revocation of the within permit, mailed to said permittee or posted on the aforesaid premises said permittee shall, within sixty (60) days from the date of mailing or posting of such notice, remove all said encroaching underground fuel oil storage tanks at no cost whatever to the City; and that said permittee agrees that in the event of condemnation proceedings brought by the City of Roanoke or other public agency to obtain right-of-way necessary for constructing said Major Arterial Highway in accordance with the aforesaid Plan, the permittee waives any and all right it may have to claim reim- bursement from the City or such other public agency for the cost of said fuel oil storage tanks or their removal. BE IT FURTHER ORDAINED that the provisions of this ordinance shall not become fully effective until such time as a written permit shall have been issued by the City's Building Commissioner to the aforesaid owner or its duly authorized contractor or representative, permitting the aforesaid construction, and until an attested copy of this ordinance shall have been duly signed, sealed, attested and acknowledged by said permittee and shall have been admitted to record, at the expense of said permittee, in the deed books in the Clerk's Office of the Hustings Court of t!he City of Roanoke. ACCEPTED'and EXECUTED by the undersigned this day of , 1971. THE CHESAPEAKE AND POTOMAC TELEPHONE COMPANY OF VIRGINIA ATTEST: President Secretary STATE OF VIRGINIA ~ ~ To-wit: CITY OF ~ I, , a Notary Public in and for the City of , State of Virginia, do hereby certify that and , President and Secretary respectiv( ly, of The Chesapeake and Potomac Telephone Company of Virginia, whose names as such are signed to the foregoing writing bearing date the day of , 1971, have this date personally appeared before me in my City and State aforesaid and acknowledged the same. GIVEN under my hand this day of , 1971. My commission expires: . A TTE ST: APPROVED Notary Public 9O IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of November, 1971. No. 19956. AN ORDINANCE to amend and reordain Section =89, "Transfers to Capital Improvements Fund," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for ~e usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =89, "Transfers to Capital Improvements Fund," of the 1971-72 Appropria- tion Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TRANSFERS TO CAPITAL IMPROVEMENTS FUND =89 CIP 71-3 Patrick Henry Field House (1) ..... $28,725,87 CIP 43 William Fleming Field House (2) ..... 36,390.97 CIP 71-4 Addison Driveway (3) .............. 2,505.00 CIP 71-105 Addison Field House and Baseball Field (4) ....................... 54,502.60 (1) Net decrease (2) Net decrease (3) Net decrease (4) Net increase 583.12 1,542.76 2,495.00 4,620.88 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of November, 1971. No. 19957. AN ORDINANCE to amend and.reordain Section ~91, "Non Departmental," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of t~City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~91, "Non Departmental," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to ~ad as follows, in part: NON DEPARTMENTAL ~91 Refund Accounts (1) .............. $25,100.00 (1) Net increase $100.00 Increase petty cash fund for Municipal Court Clerk from $200.00 to $300.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. A TTE ST: ~ Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of November, 1971. No. 19958. AN ORDINANCE to amend and reordain Section ~65, "Airport," of the 1971- 72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~65, "Airport," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: AIRPORT ~65 Maintenance of Machinery and Equipment (1) ..... $690.00 Operational and Construction Equipment - New (2) ....................................... 810.00 (1) Net decrease ......................... $110.00 (2) Net increase ............. 110.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTE ST: Deputy City Clerk APPROVED Mayor 92 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of November, 1971. No. 19959. AN ORDINANCE to amend and reordain .Section =320, "Water - General Expense," of the 1971-72 ~Water Fund Appropriation'Ordinance, and providing for an emergency. ' WHEREAS, for the usual daily operation of'the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of t~ City of Roanoke that Section ~320, '"Water - General Expense," of the 1971-72 Water Fund Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: WATER - GENERAL EXPENSE ~320 Maintenance of Buildings and Property (1) (2) ................................... $4,100.00 (1) Net increase -~ ...... $1,100.00 (2) Reduce the amount of $2,000.00 which was ~appropriated for roof maintenance to $900.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of November, 1971. No. 19960. AN ORDINANCE to amend and reordain Section ~91, "Non-Departmental,u of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Govern~nt of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =91, "Non-Departmental," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: NON-DEPARTMENTAL ~91 Refund Accounts (1) ................... $65,100.00 (1) Net increase ............. $40,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTE ST: APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of November, 1971. No. 19961. AN ORDINANCE to amend and reordain Section ~87, "Street Construction," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINEO by the Council of the City of Roanoke that Section =87, "Street Construction," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: STREET CONSTRUCTION =87 Maintenance of Buildings and Property (1) (2) .......................... $27,818.68 (1) Net increase ........ $2,818.68 (2) $1,825.85 to be reimbursed by the High Street Baptist Church BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. /; P P R 0 V E D ATTE ST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of November, 1971. No. 19962. A RESOLUTION approving the City Manager's issuance of Change Order No. 3 in connection with the City's contract for the construction of concrete curbs, gutters and sidewalks in various parts of the City, heretofore authorized by Ordinance No. 19340. WHEREAS, the City Manager, in written report to the Council dated November.22, 1971, has recommended that the Council approve the issuance of a third change order to the City's contract hereinafter described so as to provide for the construction of certain additional concrete curbs and gutters at an additional location on Cove Road, N. W., for which the abutting owner will pay to the City its proportionate part of the cost of such improvements, including the cost of engineering work and overhead, the construction work to be accomplish- ed by H. g S. Construction Company, the City's current sidewalk contractor; and WHEREAS, funds sufficient for the payment of the cost of such additional work have been appropriated by the Council for the purpose, and the Council is of opinion that such work is necessary. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be, and is hereby authorized and empowered to issue, for and on behalf of the City, Change Order No. 3 to the City's contract with H. ~ S. Con- struction Company made October 6, 1970, and authorized by Ordinance No. 19340 to be entered into, so as to provide for the construction of certain additional concrete curbs and gutters by said contractor at an additional location on Cove Road, N. W., in the City, at the same unit prices set out in the aforesaid basic contract, but at a total additional aggregate cost not to exceed $2,818.68, to be paid the aforesaid contractor out of funds contemporaneously appropriated by the Council for the purpose. ATTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF RONAOKE, VIRGINIA, The 22nd day of November, 1971. No. 19963. AN ORDINANCE to amend and reordain Section =89, "Transfers to Capital Improvements Fund," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =89, "Transfers to Capital Improvements Fund," of the 1971-72 Appropriatio~ Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TRANSFERS TO CAPITAL IMPROVEMENTS FUND ~89 CIP 72-107 Elm Avenue traffic signals (1) ....... $46,484.00 (1)$39,506.40 to be reimbursed by the federal 9overnment BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of November, 1971. No. 19964. AN ORDINANCE authorzin9 and providin9 for the installation by City forces of traffic signals at the Elm Avenue, S. E., and Interstate 581 Ramp, in the City, accordin9 to certain plans and specifications, 85% of the cost of which will be reimbursed to the City from State and Federal funds; and providin9 for an emergency. WHEREAS, the Virginia Department of Highways has prepared plans and specifications for the installation of the traffic signals hereinafter mentioned, designed as Project 0024-128-104, C-501, Federal Project T-5501 (6), the total cost of which is estimated at $46,484.00, and of which total cost the City's share, at 15%, will be $6,977.60, based on said estimate; and WHEREAS, the Council, desirin9 to accomplish the aforesaid Project, has, contemporaneously herewith, appropriated funds sufficient to pay for the cost of said Project and deems it necessary for the usual daily operation of the municipal 9overnment and for the public safety that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that said Council doth APPROVE and order the provision and installation by City forces of certain traffic signals at the intersection of Elm Avenue, S. E., and the ramps thereon leadin9 from and to Interstate 581, the same to be accomplished in accordance with the plans and specificiations prepared by the Virginia Depart- ment of Highways as Project 0024-128-104, C-501, Federal Project T-5501 (6), at a total estimated cost of $46,484.00, of which 15%, or $6,977.60, will be paid by the City and 85%, or $39,506.40, will be reimbursed to the City from State and Federal funds. BE IT FURTHER ORDAINED that the City Manager be, and is hereby authorized and empowered to enter into any necessary and requisite written agreement on be- half of the City with the Virginia Department of Highways in the premises upon form approved by the City Attorney, and to cause or direct such other actions to be taken as are necessary to accomplish the above-described Project. BE IT FUTHER ORDAINED that, an emergency existing, this Ordinance be in force and effect upon its passage. ATTE ST: APPROVED Deputy City Clerk Mayor 96 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of November, 1971. No. 19965. AN ORDINANCE approving arrangements and plans proposed by the City Manager to accomplish necessary removal of snow at Roanoke Municipal Airport for the 1971-72 season; and providing for an emergency. WHEREAS, the City Manager has reported to the Council his receipt from Wiley N. Jackson Company, General Contractors, of an offer dated November 2, 1971, to furnish for use at Roanoke Municipal Airport certain motorized equipment and operating personnel for the purpose of the timely removal of snow at said airport, and has requested that the Council approve such arrangements and a schedule of payments to be made by the City for such services; and WHEREAS, funds sufficient to pay for the estimated cost of all such necessary snow removal have been heretofore appropriated for the purpose, and it is necessary for the usual daily operation of the municipal government that this ordinance take effect on its passage. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that, within the availability ~ funds appropriated by the Council for the purpose, the City Manager's arrangement to have Wiley N. Jackson Company, General Contractors, provide and maintain certain motorized equipment at Roanoke Municipal Airport during the 1971-1972 winter season, and provide operating personnel for the use of said equipment to perform necessary removal of snow at said airport be, and such arrangement is APPROVED. BE IT FURTHER RESOLVED that the following schedule of rates and arrange- ments for compensation to said contractor by the City out of funds provided for the purpose be, and are similarly APPROVED, viz: EQUIPMENT USED ON SNOW REMOVAL, EQUIPPED WITH CAB AND LIGHTS 2- Caterpillar ~12 Graders with 12' and 14' blades 1- Caterpillar =14 Grader with 14' blade 1- Austin-Western Grader with 12' blade 1- Euclid ~L-30 Loader - wide bucket 1- Michigan g125 Loader - wide bucket 1- Supply Truck 1- Foreman 1971-1972 RATE PER HOUR, WITH DRIVER $18.00 20.00 16.00 20.00 20.00 1.50 6.00 The above rates are to apply between the hours of 7:30 a.m., through 4:00 p.m., Monday through Friday. Any hours worked before or after these hours, or on Saturday, Sunday or legal holiday, will be at a rate of $2.00 additional. Company's foreman, with a pickup truck, shall keep time, supervise operators, coordinate the operation with City personnel and maintain equipment. One hour will be charged for moving each piece of equipment to and from the airport, when necessary, with minimum charge of two hours for each piece of equipment so moved; however, there will be no charge for moving equipment if such is done for the benefit of the Company. If it is necessary for the Company to obtain equipment from others to supplement the above Company-furnished equipment, such additional equipment will be obtained and furnished only upon authorization of the City Manager, and the City's cost therefor shall be the Company's cost of rental for the same and its cost of furnishing operators and fuel for such additional equipment, plus 15 percent. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage. APPROVED ATTE ST: /~///~k~x~L~-- Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of November, 1971. No. 19966. AN ORDINANCE to amend and reordain Section ~4, "City Attorney," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~4, "City Attorney," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CITY ATTORNEY ~4 Office Furniture and Equipment - New (1) ...... $364.00 (1)Net increase of $364.00 for purchase of two legal size filing cabinets BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Deputy City Clerk APPROVED Mayor 98 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of November, 1971. No. 19967. AN ORDINANCE directing the acquisition of title insurance on a certain 12.819 acre site being acquired by the City adjacent to Interstate Route 581 for use as a service center; and providing for an emergency. WHEREAS, the Council has heretofore authorized and directed the pur- chase from the present owners of a certain 12.819 acre site adjacent to Inter- state 581 for use as a service center, the sale and conveyance thereof tO the City and the payment therefor by the City upon completion of the necessary papers; and WHEREAS, the City Attorney has recommended to the Council that authority be given and funds provided for the City's acquisition of a policy of insurance on the title to said 12.819 acre site, the total cost of which to the City is estimated at $400.00, which amount is being contemporaneously herewith appropriated by the Council for such purposes; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE I.T ORDAINED by the Council of the City of Roanoke that the City Attorney be, and he is hereby authorized and directed to arrange for the issuance to the City of a good and sufficient policy of insurance, issued by a title insurance company authorized to do business in the Commonwealth and to be selected by said City Attorney, insuring to the City in the value of $225,000.00 the fee simple title to that certain 12.819 acre site adjacent to Interstate 581, the total cost to the City for securing such insurance not to exceed the sum of $400.00, applying for the same, and payment of such premium to be made by the City Auditor upon bills rendered the City therefor, approved by the City Attorney. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in full force and effect upon its passage. APPROVED ATTE ST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of December, 1971. No. 19945. aN ORDINANCE accepting the bid of ~. L. Hagood, Sr., and '~. L. Hagood, Jr., for the operation of the Municipal Airport Restaurant and of certain other concessions under a certain lease of the same from the City; rejecting other bids made for said concession; and authorizing the execution of a five (5) year lease of said airport Restaurant premises to W. L. Hagood, Sr., and W. L. Hagood, Jr., upon certain terms and provisions. WHEREAS, at the meeting of the Council held on August 23, 1971, and after due and proper advertisement had been made therefor, five bids for the operation of the Municipal airport Restaurant and of the Gift Shop and the Vending Machines at the Roanoke Municipal Airport were opened and read before the Council and were thereafter referred to a committee for the purpose of tabulation and study and for report thereon to the Council; and WHEREAS, said committee has reported to the Council, under date of august 30, 1971, its tabulation of said bids, from which it appears that the bid of '~. L. Hagood, Sr., and ~. L. Hagood, Jr., is the highest and best bid received by the City for the operation of the aforesaid concessions; and the aforesaid committee has recommended that the bid of said persons be accepted. THEREFORE, BE IT ORDAINED by the Council of the City o f Roanoke that the bid of W. L. Hagood, Sr., and W. L. Hagood, Jr., made in writing to the City for the exclusive right to operate the Airport Restaurant, the Gift Shop and the Vending Machines in the Terminal Buildin9 at Roanoke Municipal Airport for a period of five (5) years, and to pay to t he City therefor a sum equal to 14.00% of the gross receipts therefrom, exclusive of taxes collected from consumers, be, and said bid is hereby ACCEPTED; and the City Manager be, and he is hereby authorized and directed, for and on behalf of the City, to enter into Lease Agreement with the said bidder providing for said bidder's exclusive operation of the aforesaid concessions for a period of five (5) years, commencing on January 1, 1972, or at such earlier date as an orderly transfer of the Airport Restaurant business can be made to said bidder, said lease to contain all of the City's requirements made of the bidders for said concessions as set out in the Bidding Criteria furnished said bidders and, as well, definition of certain terms employed in said lease as referred to in report of the City Manager made December 6, 1971, said lease to be, otherwise, upon such form as is prepared and approved by the City Attorney. 100 BE IT FURTHER ORDAINED that the other four (4) bids made to the City for the operation of the aforesaid concessions be, and said bids are hereby REJECTED, the City Clerk to so notify said other bidders and to express to their officials the City 's appreciation of said bids. APPROVED ATTE ST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of December, 1971. No. 19955. AN ORDINANCE approving the relocation and widening of a portion of Bluestone Avenue, N. E., extending northerly from Norton Avenue, N. E.: permanently vacating abandoning and discontinuing a portion of Bluestone Avenue, N. E., to provide for said relocation, pursuant to the provisions of Section 15.1-364 of the Code of Virginia, of 1950 as amended; and authorizing and providing for the City's release and conveyance of all right, title and interest in the vacated portion of Bluestone Avenue, N. E. ~HEREAS, Fralin & Waldron, Inc., has heretofore filed application before the Council of the City of Roanoke requesting the Council to permanently discon- tinue, abandon and vacate a portion of Bluestone Avenue, N. E. more fully described in said petition and in this ordinance, in order to provide for a relocation, widening and improvement of said street and for better alignment thereof with Norton Avenue and a widening of a portion of Norton Avenue between Bluestone Avenue and Hollins Road, N. E.; and ~HEREAS, notices of the intended application were duly posted according to law in three (3) public places in the City of Roanoke ten (10) days prior to Council's consideration of said application; and WHEREAS, in accordance with the prayer contained in said application, Resolution No. 19902 was adopted by the said City Council on the llth day of Octob~ 1971, pursuant to which viewers were appointed to view the said property and to report in writing what inconvenience, if any, would result from permanently vacatin and discontinuing the portion of Bluestone Avenue, N. E. hereinafter described; and further, the said City Council referred the issues raised by the said applica- tion to the Planning Commission of the City of Roanoke for the Commission's study of said request and a report thereon; and WHEREAS, it appears from the report in writing filed by the viewers with the City Clerk dated the 21st day of October, 1971, together with the Affidavit of 10] said viewers, of even date therewith, that no inconvenience would result, either to any individual or to the public, from permanently vacating, abandoning and discon- tinuing the within described portion of Bluestone Avenue, N. E., to which report no exceptions have been filed; and WHEREAS, the City Planning Commission, by letter directed to the Mayor of the City of Roanoke and the members of City Council dated the 21st day of October, 1971, has recommended to the City Council that the request contained in the application aforesaid be granted; and WHEREAS, after newspaper publication as by statute provided, and the petitioner being the owner of all land along the portion of Bluestone Avenue, N. E. hereinafter described, a public hearing was held before the Council on the 22nd day of November, 1971, at which hearing all interested parties and citizens were afforded an opportunity to be heard on the question of the proposed street closing; and WHEREAS, upon consideration of the matter, the Council is of the opinion that Bluestone Avenue, N. E., should be relocated and realigned as proposed, and that no inconvenience will result to any owner or to the public from permanently vacating, abandoning and discontinuing the portion of Bluestone Avenue, N. E., hereinafter described. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: (1) That said Council doth approve the relocation, widening and realign- ment of Bluestone Avenue, N. E., and the widening of a portion of Norton Avenue, N. E., as shown on that certain plan of 72 Duplex Dwelling Units dated August 12, 1971, prepared for Fralin G Waldron, Inc., by Buford T. Lumsden G Associates, CLS; and (2) That upon the recordation by Fralin g Waldron, Inc., of a map approve( according to the City's land subdivision regulations dedicating to the City land sufficient for the relocation and widening of Bluestone Avenue, N. E. and the widening of Norton Avenue, N. E., substantially as is shown on the map next herein- above mentioned, all such widening and improvement to be performed at the sole expense of said applicant, the following portion of Bluestone Avenue, N. E., be, and the same is hereby permanently abandoned, vacated, discontinued and closed: STARTING at the extreme southeast corner of Lot 15, Section 1, according to Survey of Bluestone Addition, of record in Plat Book 1, page 265, in the Clerk's Office of the Circuit Court for the County of Roanoke, Virginia, said starting point being at the intersection of the westerly side of Bluestone Avenue, N. E., and the northerly side of Norton Avenue, N. E.; thence leaving said starting point, N. 150 45' E. 21.27 feet to the ACTUAL PLACE OF BEGINNING, being shown as ~1, on Plat made by Buford T. Lumsden and Associates, Certified Land Surveyors, dated September 1, 1971 thence continuing with the westerly side of Bluestone Avenue, N. E., N. 150 45' E. 387.26 feet to ~2, as shown on aforesaid plat; thence with a curved line to the left whose radius is 1682.43 feet, and whose chord bearing and distance is S. 9° 41' W. 355.61 feet, an arc distance of 356.28 feet to ~3 as shown on the aforesaid plat; thence with a curved line to the right, whose radius is 25 feet, and whose chord bearing and distance is S. 480 37' W. 35.26 feet, an arc distance of 39.27 feet to ~4 as shown on the aforesaid plat; thence N. 86023' W. 18.81 feet to ~1, as shown on the aforesaid plat, the ACTUAL PLACE OF BEGINNING, all as more fully shown on Plat made by Buford T. Lumsden and Associates, Certified Land Surveyors, dated September 1, 1971, 102 the City of Roanoke expressly reserving, however, in the above described land a perpetual easement for the location, use, operation, maintenance, repair and re- placement of a certain existing 42-inch public storm drain and related facilities now located in said land. BE IT FURTHER ORDAINED that upon recordation of the plat mentioned in paragraph (1), above, the City Engineer of the City of Roanoke be, and hereby is, directed to mark "Permanently Abandoned, Vacated, Discontinued and Closed" that portion of Bluestone Avenue, N. E., hereinabove described on all maps and plats on file in the Office of said City engineer on which said maps and plats said portiQn of Bluestone Avenue, N. E~, is shown, referring to the book and page of Ordinances and Resolutions of the Council wherein this Ordinance shall be spread; BE IT FURTHER ORDAINED that the Mayor and City Clerk be and they are hereby authorized and directed for and on behalf of the City of Roanoke to execute seal and attest, respectively, a deed releasing, quitclaiming and conveying unto Fralin g Waldron, Inc., with Special Warranty of Title, all of the City's right, title and interest in and to that portion of Bluestone Avenue, N. E., hereinabove described and herein ordered to be permanently closed, abandoned, discontinued and vacated, said deed to contain a reservation of the City's perpetual easement for the 42-inch public storm drain provided for in paragraph,(2), above, and to be approved as to form by the City Attorney and by him delivered to the aforesaid applicant or its attorney after recordation of the plat or map referred to in paragraph (1), aforesaid, BE IT FURTHER ORDAINED that, upon delivery of the City's deed of quit- claim and release, aforesaid, the Clerk of this Council deliver to the Clerk of th Hustings Court for the City of Roanoke, Virginia, an attested copy of this Ordi- nance in order that the said Clerk may make proper notations on all maps or plats recorded in his said office upon which are shown the said portion of Bluestone Avenue, N. E., herein permanently abandoned, vacated, discontinued and closed. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of December, 1971. No. 19970. Estate ," AN ORDINANCE to amend and reordain Section =7, "Assessment of. Real of~ the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~7, "Assessment of Real Estate," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: ASSESSMENT OF REAL ESTATE ~7 Printinq and Office Supplies (1) ...... $1,110.00 Office Furniture and Equipment- ~w'i~{ .i... 690.00 (1) Net decrease $690.00 (2) Net increase 690,00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of December, 1971. No. 19971. AN ORDINANCE to amend and reordain Section ~77, "Civic Center," of the 1971-72'Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~77, "Civic Center," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CIVIC CENTER ~77 Vehicular Equipment - New (1) ............... $3,732.66 (1) Net increase- $3,732.66 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTE ST: ~,~x~.~ Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of December, 1971.. No. 19972. AN ORDINANCE to amend and reordain Section ~89, "Transfers to Capital Improvements Fund,':' of the 1971-72 Appropriation Ordinance, and providino for an emergency. 104 WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of ~the City of Roanoke that Section ~t89, "Transfers to Capital Improvements Fund," of the 1971-72 Appropriation Ordinance, be, .and the same is hereby, amended and reordained to read as follows, xn part: TRANSFERS TO CAPITAL IMPROVEMENTS FUND =89 Jackson Park Athletic Field 71-107 (1) ...... $14,125.00 (1) Net increase $1,125.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance APPROVED shall be in effect from its passage. ATTEST: ~~ Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of December, 1971. No. 19973. AN ORDINANCE to amend and reordain Section =14, "Personnel," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =14, "Personnel," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained,to read as follows, in part: PERSONNEL ~14 Communications (1) .................... $625.00 (1) Net increase ,$75.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance sha be in effect from its passage. ATTEST: V/~~ Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of December, 1971. No. 19974. AN ORDINANCE to amend and reordain Section ~47, "Fire Department," the 1971-72 Appropriation Ordinance, and providing for an emergency. of WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~47, "Fire Department," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: FIRE DEPARTMENT ~47 Other Equipment - New (1) ........... $4,740.00 Printing and Office Supplies i~i ~ .. 1,500.00 (1) Net decrease .... $500.00 (2) Net increase ................... 500.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of December, 1971. No. 19975. AN ORDINANCE to amend and reordain Section =75, "Recreation, Parks and Recreational Areas," and Section ~58, "Street Repair," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of th City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~75, "Recreation, Parks and Recreational Areas," and Section ~58, "Street Repair," of the 1971-72 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: RECREATION, PARKS AND RECREATIONAL AREAS ~75 Vehicular Equipment - Replacement (1) ........... $18,807.20 STREET REPAIR ~58 Vehicular Equipment - Replacement (2) ........... 50,942.80 (1) Net decrease ........................ $3~442.80 (2) Net increase ........................ 3,442.80 BE IT FURTHER OROAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTE ST: /) APPROVED Deputy City Clerk Mayor 106 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of December, 1971. No. 19976. AN ORDINANCE providing for the purchase of twelve (12) new vehicles for use by various departments of the City, upon certain terms and conditions; accept- ing certain bids made to the City for furnishing and delivering said vehicles; re- jecting certain other bids made to the City; and providing for an emergency. WHEREAS, on'November 10, 1971, and after due and proper advertisement had been made therefor, certain bids for the supply to the City of the vehicles hereinafter mentioned were opened in the office of the City's Purchasing Agent by 'three members of a committee appointed for the purpose, and thereafter were tabu- lated and studied by the committee which has made written report and recommendatio to the Council through the City Manager; and WHEREAS, the City Manager, concurring in the committee's report, has transmitted the same to the Council, recommending award of contracts as herein- after provided; and the Council, wnsidering all of the same, has determined that the bids hereinafter accepted are the lowest and best bids made m the City for the supply of said vehicles, and that funds sufficient to pay for the purchase prices of said vehicles have been or are being appropriated; and WHEREAS, for the usual daily operation of the municipal government an emergency is declared to exist in order that this ordinance take effect upon its passage. as follows: THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, 1. That the bids of: 'Item No, 7 8 O~antity and Description Two 1/2 ton pickups with utility, bodies for use by City's Water Department Two 1/2 ton pickups with Utility bodies for use by City's Water Department One compact panel van for use by City's Maintenance Net Purchas, e Price $4,550.20 5,582.80 Department 3,022.22 all the above a'mountscash, plus the City's trade-in equipment described in the City's specifications, delivered to the City, f.o.b. Roanoke, Virginia, except Item 5, which is to be delivered f.o.b. Richmond, Virginia, all to be in full accordance with the City's specifications therefor, and of said bidders' proposals and with said committee's report, be, and said bids are hereby ACCEPTED; and the City's Purchasing Agent be, and he is hereby authorized and directed to issue requisite purchase orders therefor, incorporating into said orders the City's aforesaid specifications, the terms of said bidders' proposals and the terms and provisions of this ordinance; the cost of said vehicles, when delivered, to be paid for out of funds heretofore or contemporaneously appropriated for the purpose; and 2. That upon delivery to the City of all the aforesaid vehicles and upon the City's acceptance of the same, the City Auditor shall be, and he is hereby authorized and directed to make requisite payment to each said successful bidder of the aforesaid purchase prices, not to exceed the sums hereinabove set out, and the City Manager shall be, and is hereby authorized and directed to transfer and assign to the aforesaid bidders the titles to the certain vehicles described in the City's specifications as trade-in equipment; and 3. That all other bids made to the City for the supply of the aforesaid equipment be, and said other bids are hereby REJECTED; Interna~onal Harvester Company, to furnish and deliver to the (a) City as follows: Item No, 1 5 6 9 as follows: l0 11 (b) Quantity and Description Net Purchase Price One 2 1/2 ton cab and chassis with dump body for use in City's Street Repair Department $ 8,793.05 One 2 ton cab and chassis with 10 foot dump Body for use in City's Department of Parks and Recreation 4,408.79 One 2 ton cab and chassis with 12 foot flat dump body for use in City's Department of Parks and Recreation 4,558.82 One 1 ton cab and chassis only for use in City's Traffic Engi- neering and Communications Department 2,893.89 One 2 ton cab and chassis with platform dump body for use by City's Water Department Three 1/2 ton pickup trucks for use by City's Garage, Street Cleaning and Parks and Recreation Departments 6,339.28 6,945.13 One 3/4 ton cab and chassis with service body for use by City's Department of Parks and Recreation 3,357.33 One 3/4 ton pickup truck for use by City's Fire Department 2,676.56 Antrim Motors, Incorporated, to furnish and deliver to the City One i 1/2 ton cab and chassis only for use by City's Traffic Engineering and Communications Department. $4,161.27 the City Clerk to so notify all said other bidders and to express to each the City's appreciation of each said bid. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in force and effect upon its passage. ATTE ST: ~ APPROVED Deputy City Clerk Mayor 108 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of December, 1971. No. 19977, AN ORDINANCE providin9 for the purchase of one new utility body and hydraulic lift for use by the City's Traffic Engineering and Communications Division, upon certain terms and conditions; accepting a certain bid made to the City for furnishing and delivering said equipment; rejecting a certain other bid made therefor; and providing for an emergency. 'WHEREhS, on October 13, 1971, and after due and proper advertisement had been made therefor, certain bids for the supply to the City of the equipment hereinafter mentioned were opened in the office ~ the City's Purchasing Agent by ~ree ~mbers of a committee appointed for the purpose, and thereafter were tabulated and studied by the committee which has made written report and recommen- dation to the Council through the City Manager; and '~HEREAS, the City Manager, concurrin9 in the committee's report has transmitted the same to the Council, recommendin9 award of the contract as here- inafter provided; and the Council, considering all of the same, has determined that the bid hereinafter accepted is the lowest and best bid made to the City for the supply of said equipment, and that funds mfficient to pay for the purchase price of said equipment have been or are being appropriated; and 'WHEREAS, for the usual daily operation of the municipal government, it is necessary that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the bid of Baker Equipment Engineering Company, Richmond, Virginia, to furnish and deliver to the City one new Baker =102-B-88 Utility Body and one new Impac =CB-45710-3670-FD Hydraulic Lift with Onan 2.5 AJ-3R Generator for a net purchase price of $8,090.00, cash, fully meeting the City's specifications therefor, be and said bid is hereby ACCEPTED; and the City's Purchasing Agent be, and he is hereby authorized and directed to issue the requisite purchase order therefor, incorporating into said order the City's aforesaid specifications, the terms of said bidder's proposals and the terms and provisions of this ordinance; the cost of said equipment when delivered, to be paid for out of funds heretofore or con- temporaneously appropriated for the purpose. BE IT FURTHER ORDAINED that upon delivery to the City of the aforesaid equipment and upon the Ci:ty's acceptance of the same, the City Auditor shall be, and he is hereby authorized and directed to make the requisite payment to said bidder of the aforesaid purchase price, not to exceed the sum hereinabove set out; and BE IT FURTHER ORDAINED that the other bid made to the City for the supply of the~oresaid equipment be, and said ~d is hereby REJECTED; the City Clerk to so notify said other bidder and to express to said bidder the City's appreciation of said bid; and BE IT FINALLY ORDAINED that, an emergency existing, this ordinance shal be in full force and effect upon its passage. ATTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of December, 1971. No. 19978. A RESOLUTION relating to the codification of Ordinance No. 19926, which added a new chapter dealing with noxious weeds to Title XIII, Health, of the Code of the City of Roanoke, 1956, as amended. WHEREAS, the Council is advised that' through ministerial error, Ordi- nance No. 19926, adopted November 1, 1971, provided for the codification of a new chapter regulating the removal of certain defined noxious weeds as Chapter 15 of Title XIII, Health, of the Code of the City of Roanoke, 1956, as amended, when such new chapter should have, in fact, been numbered Chapter 16. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that that certain new chapter in Title XIII, Health, of the Code of the City of Roanoke, 1956, as amended, defining and regulatin9 the removal of certain noxious weeds, heretofore erroneously referred to in Ordinance No. 19926, as Chapter 15, be and said chapter is hereby directed to be codified as Chapter 16 of said title and code. ATTEST: ~/J~ Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of December, 1971. No. 19980. AN ORDINANCE to amend and reordain Section ~47, "Fire Department," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. 110 THEREFORE,. BE IT ORDAINED by the Council of the City of Roanoke that Section ~47, "Fire Department," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: FIRE DEPARTMENT ~47 Personal Services (1) .................. $1,615,399.00 (1) Net increase ......... $16,220.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance sh be in effect from its passage. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of December, 1971. No. 19981. AN ORDINANCE providing for the construction of a new storm drain on Albemarle Avenue, S. E., from 3 1/2 Street, S. E., to the intersection of South Jefferson Street and Highland Avenue, S. W., upon certain terms and conditions, by accepting a certain bid made to the City; rejecting certain other bids; and providing for an emergency. WHEREAS, at the meeting of the Council held on October 18, 1971, after due and proper advertisement therefor, certain bids made to the City for the con- struction of a new storm drain on Albemarle Avenue, S. E., from 3 1/2 Street, S. E., to the intersection of South Jefferson Street and Highland Avenue, S. W., were opened and read before the Council and, thereafter, were referred to a committee to be studied and tabulated; and WHEREAS, the aforesaid committee, in report made to the Comcil dated October 25, 1971, has advised that the bid made by Wiley N. Jackson Company is the lowest and best bid received for the performance of said work, and should be accepted, in which recommendation the Council concurs; and WHEREAS, there has been or is being appropriated a sum sufficient to pay the cost of the aforesaid improvement and, for the immediate preservation of the public safety and for the usual daily operation of the municipal government, it is necessary that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Proposal No. II of Wiley N. Jackson Company for furnishing all necessary tools, labor and materials for constructing a storm drain on Albemarle Avenue, S. E., from 3 1/2 Street, S. E., to the intersection of South Jefferson Street and 11 Highland Avenue, S. W., in full accordance with the City's plans and specifications made therefor, for the total sum of $139,057.00, cash, based upon unit prices, be and said proposal is hereby ACCEPTED; and the City Manager be, and is hereby authorized and directed to enter into contract On behalf of the City with the aforesaid bidder providin9 for the construction of said new storm drain, such con- tract to incorporate the terms of said bidder's proposal, the City's plans and specifications for said work and the terms of this ordinance, such contract to be upon such form as is approved by the City Attorney. BE IT FURTHER ORDAINED that the other bids made to the City for the performance of the aforesaid work be, and said bids are hereby REJECTED, the City Clerk to so notify each other bidder and to express to each said bidder the City's appreciation for the interest displayed in makin9 such bid. BE IT FINALLY ORDAINED that, an emergency eXisting, this ordinance be in force and effect upon its passage. ATTEST: Deputy~ity Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of December, 1971. No. 19982. AN ORDINANCE to amend and reordain Section ~89, "Transfers to Capital Improvements Fund," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily opertaion of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~89, "Transfers to Capital Improvements Fund," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TRANSFERS TO CAPITAL IMPROVEMENTS FUND ~89 70-2 McNeil Drive (1) ......................... $ 1 363.13 CIP 1 Airport Project 17 (2) .................. 9 138.45 CIP 3 Improvement to Taxiway 15,33 and 23 (3).. 3 245.43 CIP 7 Improvement of Runway 23 Airport (4) ..... 48 433.98 CIP 30 Drainage Wells (5) ..................... CIP 31Brandon Avenue ~orm Drain (6) .......... CIP 32 Sanford-Brandon Storm Drain (7) ......... CIP 33 Somerset Street Storm Drain (8) ......... 1 220.63 9 345.83 8 712.39 6 013.82 112 CIP 35 Bluefield Boulevard Storm Drain (9) ...... $ 6,063.72 CIP 36 Denniston Avenue Storm Drain (10) ......... 4,154.97 CIP 38 King-Mecca Street Storm Drain (Il) ........ 2,991,92 $100,684.27 CIP 20 Route 220 - Utilities (12) ................ $100,684.27 (1) Net decrease-- (2) Net decrease- (3) Net decrease. (4) Net decrease (5) Net decrease--- (6) Net decrease-. (7) Net decrease--- (8) Net decrease, (9) Net decrease-- (10) Net decrease- (ll) Net decrease--. (12) Net increase-- 1 363.13 9 138.45 3 245.43 48433.98 1 220.63 9 345.83 8 712.39 6013.82 6 063,72 4 154.97 2 991.92 100 684.27 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTE ST:~ ~0~ Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of December, 1971. No. 19983. A RESOLUTION appointin9 two (2) directors of the Industrial Develop- ment Authority of the City of Roanoke, Virginia to fill four-year terms of office on its board of directors. WHEREAS, the Council is advised that the terms of office of two (2) of the directors of the Industrial Development Authority of the City of Roanoke, Virginia, expired on October 20, 1971; and WHEREAS, Section 15.1-1377 of the 1950 Code of Virginia, as amended, provides that appointments made by the 9overnin9 body on such board of directors shall, after initial appointment be made for terms of four (4) years on such board. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that John J. Butler and Jack C. Smith be, and are reppointed directors on the board of directors of the Industrial Development Authority of the City of Roanoke, Virginia for terms of four (4) years, each commencin9 on 0ctoher ~, 1971, and expirin9 October 20, 1975, to fill vacancies created by the expiration of the term of office of said members on said board occurrin9 on October 20, 1971. ATTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of December, 1971. No. 19954. hN ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, and Sheet No. 276, Sectional 1966 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have Lots 18, 19 and 20, Section 2, Map of West Park, and Lots 1 and 2, Block 20, Map of 'Washington Heights, rezoned from C-2, General Commercial District, to C-1 Office and Institutional District; and WHEREAS, the City Plannin9 Commission has recommended that the herein- after described land be rezoned from C-2, General Commercial District, to C-i, Office and Institutional District; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 71, Chapter 4.1, Title XV, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, have been published and posted as required and for the time provided by said section; and 'WHERE~S, the hearing as provided for in said notice was held on the 22nd day of November, 1971, at 2 p.m., before the Council of the City of Roanoke, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the evidence as herein pro- vided, is of the opinion that the hereinafter described land should be rezoned. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, and Sheet No. 276 of the Sectional 1966 Zone Map, City of Roanoke, be amended in the followin9 particular and no other, viz: Property located on Virginia Avenue, N. W., ~scribed as Lots 18, 19 and 20, Section 2, Map of West Park, and Lots 1 and 2, Block 20, Map of Washington Heights, be and is hereby, changed from C-2, General Commercial District, to C-l, Office and Institutional District, and that ~eet No. 276 of the aforesaid map be changed in this respect. ATTE ST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of December, 1971. No. 19968. AN ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, and Sheet No. 156, Sectional 1966 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have that certain property described as the easterly one-half of Lot 15, and all of Lot 16, Map of Park Square, Official Tax No. 1561136, rezoned from RS-3, Single-Family Residential District to RD, Duplex Residential District; and WHEREAS, the City Planning Commission has recommended that the herein- after described land be rezoned from RS-3, Single-Family Residential District, to RD, Duplex Residential District; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 71, Chapter 4.1, Title XV, of the Code of the City of Roanoke, 1956, as amended, relating to Zoning, have been published and posted as required and for the time provided by said section; and ~HERE~S, the hearing as provided for in said notice was held on the 6th day of December, 1971, at 2 p.m., before the Council of the City of Roanoke, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering Se evidence as herein provided is of the opinion that the hereinafter described land should be rezoned. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, be amended, relating to Zoning, and Sheet No. 156 of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz: Property located on Brambleton Avenue, S. W., described as the easterly one-half of Lot 15 and all of Lot 16, Map of Park Square, designated on Sheet 156 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax No. 1561'136, be, and is hereby changed from RS-3, Single-Family Residential District, to RD, Duplex Residential District, and that Sheet No. 156 of the aforesaid map be changed in this respect; ATTE ST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of December, 1971. No. 19969. AN ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, and Sheet No. 435, Sectional 1966 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to'the Council of the City of Roanoke to have a certain 8.309 acre tract lying to the north of Virginia Secondary Route ~658 also known as Rutrough Road and being comprised of a 3.309 acre parcel bearing Official ~4350602 and a 5.00 acre parcel bearing Official ~4350604, rezoned from LM, Light Manufacturing District, and RD, Duplex Residential District, to RG-1, General Residential District; and, WHEREAS, the City Planning Commission has recommended that the herein- after described land be rezoned from LM, Light Manufacturing District, and RD, Duplex Residential District, to RG-1, General Residential District; and, WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by .Section 71, Chapter 4.1, Title XV, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, have been published and posted as required and for the time provided by said section; and, WHEREAS, the hearing as provided for in said notice was held on the 6th day of December, 1971, at 2:00 p.m., before the Council of the City of Roanoke, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and, WHEREAS, this Council, after considering the evidence as herein provided, is of the opinion that the hereinafter described land should be rezoned. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, and Sheet No. 435 of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other,viz.: Property located on Virginia Secondary Route ~658 described as: BEGINNING at a point on the northerly side of Va. Sec. Route ~658 at the southeasterly corner of the five (5) acre tract conveyed to John Calvin Garnand, Jr. by deed dated March 10, 1967 from Jack Harris, Inc., of record in the Office of the Clerk of the Hustings Court of the City of Roanoke; thence N. 49° 07,.E. 462.3 feet to a point; thence N. 360 08' W. 620.5 feet to a point; thence S. 41o 00' W. 260.00 feet to a point; thence S. 430 08' W. 424.38 feet to a point; thence S. 16o 35' W. 40.5 feet to a point; thence S. 11° 35' E. 31..0 feet to a point; thence S. 750 25' E. 41.50 feet to a point; thence S. 11° 55' E. 82.50 feet to a point on the northerly side of Va. State Secondary Route ~658, N. 720 40' W. 449.5 feet to the place of Beginning, and containing 8.309 acres, more or less, which is comprised of a 3.309 acre tract Official ~4350602, and a 5.0 acre tract Official ~4350604; 116 designated on Sheet 435 of the Sectional 1966 Zone Map, City of Roanoke, as Officiali Tax Nos. 4350602 and 4350604, be, and is hereby, changed from LM, Ligh Manufacturin District, and RD, Duplex Residential District, to RG-1, General Residential Distric and that Sheet No. 435 of the aforesaid map be changed in this respect. ATTEST: Deputy City Clerk g P P R 0 V E D Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of December, 1971. No. 19979. AN ORDINANCE repealing Ordinance No. 19505, adopted February 1, 1971, authorizing the sale and conveyance to the Commonwealth of Virginia of a triangular shaped parcel of land containing 500 square feet, more or less, situate at the southwest corner of Elm Avenue, S. E., and Fourth Street, S. E., bein9 the southerly residue of Official No. 4020319. WHEREAS, the Council, by Ordinance No. 19505, adopted February 1, 1971, authorized the sale and conveyance to the Commonwealth of Virginia of the herein- after described property; and WHEREAS, by letter dated September 10, 1971, the District Right-of-Way Engineer of the Virginia Department of Highways advised the City that the Common- wealth no longer desires to purchase the property hereinafter described. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Ordinance No. 19505, adopted February 1, 1971, authorizing the sale and conveyance to the Commonwealth of Virginia of a triangular shaped parcel of land containing 500 square feet, more or less, situate at the southwest corner of Elm Avenue, S. E. and Fourth Street, S. E., being the southerly residue of Official No. 4020319, be, and the same is hereby REPEALED. APPROVED aTTE ST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of December, 1971. No. 19985. AN ORDINANCE exercising the right to purchase in fee simple a parcel of land containing approximately 0.939 acre situate in the City of Roanoke, being the southwesterly portion of Official Tax No. 2130418, and to purchase certain other interests in other portions of said property, and needed for the City's Industrial Access Road Project 9999-128-103, C-502, upon certain terms and provisions; provid- in9 for notice of the City's exercise of a written purchase option for said land; providing for payment of the purchase price thereof upon delivery of a deed to the City and for recordation of said deed; and providing for an emergency. WHEREAS, the City of RoanOke, on November 9, 1971, entered into a purchase option agreement with the owners of a certain parcel of land situate in the City of Roanoke, whereby the City was granted the option to purchase said land upon certain terms and provisions hereinafterset forth and the City was also 9ranted temporary construction easements over certain parts of Official Tax No. 2130418, a description of said easements appearing in the option agreement; and WHEREAS, the City needs such land and easements for the construction of its Industrial Access Road Project 9999-128-103, C-502, and funds sufficient for the payment of the purchase price have heretofore been appropriated by the Council and WHEREAS it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City's right to purchase that certain parcel containing approximately 0.939 acre situate in the City of Roanoke, bein9 the southwesterly portion of Official Tax No. 2130418 and two temporary construction easements in certain portions of Official No. 2130418, shown in detail as Parcel No. 012 on Sheets 3 and 4, of the plans for said project, from Richard W. Nott and Yertie W. Nott, husband and wife, and Warren G. Reece and Effie W. Reece, husband and wife, owners, pursuant to a written purchase option agreement dated the 9th day of November, 1971, made by the City with said owners, be and is hereby exercised, and the City Attorney be and is hereby directed to notify, forthwith, said owners, of the City's aforesaid election, by mailin9 to them, by certified mail, an attested copy of this ordinance BE IT FURTHER ORDAINED that, upon certification by the City Attorney of good title to said land and upon delivery to the City of a 9ood and sufficient deed of conveyance, prepared and approved by the City Attorney and made with General Warranty of Title and Modern English Covenants, the City Auditor be and is hereby authorized and directed to issue and deliver to the City Attorney for delivery to said owners the City's check in the sum of $3,310.00, in payment of the agreed purchase price of said land; thereafter said deed to be recorded in the Clerk's Office of the Hustings Court of the City of Roanoke, Virginia. 118 BE IT FINALLY ORDAINED that, an emergency existing, this ordinance shall be in force and effect upon its passage. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of December, 1971. No. 19986. AN ORDINANCE exercising the right to purchase a parcel of land contain- ing approximately 0.153 acre situate in the City of Roanoke, being the southwester- ly portion of Official Tax No. 2130422, and needed for the City's Industrial Access Road Project 9999-128-103, C-501, C-502, upon certain terms and provisions; providing for notice of the City's exercise of a written purchase option for said land; providing for payment of the purchase price thereof upon delivery of a deed to the City and for recordation of said deed; and providing for an emergency. WHEREAS, the City of Roanoke, on December 10, 1971, entered into a purchase option agreement with the owner of a certain parcel of land situate on the northerly line of lOth Street, N. W., in the City, whereby the City was grant- ed the option to purchase said land upon certain terms and provisions hereinafter set forth; and WHEREAS, the City needs such land for the construction'of its Industrial Access Road Project 9999-128-103, C-501, C-502, and funds sufficient for the pay- ment of the purchase price have heretofore been appropriated by the Council; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City's right to purchase that certain parcel containing approximately 0.153 acre situate in the City of Roanoke, being the southwesterly portion of Official No. 2130422, shown in detail as Parcel No. 008 on Sheet 3 of the plans for said project, from Clarence C. and Ida V. Craig, husband and wife, owners, pursuant to a written purchase opt'ion agreement dated the lOth day of December, 1971, made by the City with said owners, be and is hereby exercised, and the City Attorney be and is hereby directed to notify, forthwith, said owners, of the City's afore- said election, by mailing to them, by certified mail, an attested copy of this ordinance. BE IT FURTHER ORDAINED that, upon certification by the City Attorney of good title to said land and upon delivery to the City of a good and sufficient deed of conveyance, prepared and approved by the City Attorney and made with General Warranty of Title and Modern English Covenants, the City Auditor be and is hereby authorized and directed to issue and deliver to the City Attorney for delivery to said owners the City's check in the sum of $1,373.00, in payment of the agreed purchase price of said land; thereafter said deed to be recorded in the Clerk's Office of the Hustings Court of the City of Roanoke, Virginia. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance shall be in force and effect upon its passage. ATTE ST: ~ Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of Oecember, 1971. No. 19987. AN ORDINANCE to amend and reordain Section ~40, "Food Distribution," and Section ¢64, "Maintenance of City Property," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT FURTHER ORDAINED by the Council of the City of Roanoke that Section ~40, "Food Distribution," and Section ~64, "Maintenance of City Property," of the 1971-72 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: FOOD DISTRIBUTION g40 Personal Services (1) ................ $ 28,723.00 Utilities (2) ........................ Fees for Professional and Special Services (3) ................ Rentals (4) Automobile Aii;i;nce i5i'221212212 .... Food, Medical ~ Housekeeping Supplies (6) ..................... Other Equipment (7i . ..ii. . 1,980.00 2,040.00 5,580.00 81.00 478.00 3,478.08 (1) Net increase ...... (2) Net increase (3) Net increase ....... (4) Net increase ....... (5) Net increase ...... (6) Net increase ............. (7) Net increase ..... $2,112.00 180.00 2,040.00 3,300.00 81.00 228.00 3,478.08 MAINTENANCE OF CITY PROPERTY =64 Maintenance of Buildings ~ Property (1) ........................ $ 143,215.00 (1) Net increase ............. $1,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTE ST: Deputy City Clerk Mavor 120 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of December, 1971. No. 19988. A RESOLUTION relating to certain proposed amendments to the Roanoke Charter of 1952, as amended. WHEREAS, the Council considers it necessary and advisable that certain amendments be made by the 1972 General Assembly of Virginia to the City's Charter in order to conform the same to certain provisions of the 1970 Constitution of Virginia and to Acts of the General Assembly of Virginia having general applicatio~ and the Council desires that a public hearing be held before the Council on such proposals. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Clerk do cause to be published, according to law, notice of a public hearing to be held before the Council at its meeting on December 28, 1971, on certain proposals that the 1972 General Assembly of Virginia amend the Roanoke Charter of 1952, as amended, to the extent and in the general manner set out or referred to in said notice of public hearing, the form and content of which shall be prepared and approved by the City ;lttorney. APPROVED ATTE ST:V hGL~ Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of. December, 1971. ~ . No. 19984. · AN ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of the Code of the City of Roanoke, 1956, as amended, and. Sheet No. 222, Sectional 1966 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have that property located in the 1700 block of Hanover Avenue, N. W., des- cribed as Lots 5 - 8, inclusive, Block 58, Melrose Land Company, Official Tax Nos. 2220805 - 2220807, be rezoned from RD, Duplex Residential District, to RG-2, General Residential District; and WHEREAS, the City Planning Commission has recommended that the herein- after described land be rezoned from RD, Duplex Residential District, to RG-2 General Residential District; and 12' WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 71, Chapter 4.1, Title XV, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, have been published and posted as required and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the 22nd day of November, 1971, at 2 p.m., before the Council of the City of Roanoke, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the evidence herein provided, was of the opinion that the hereinafter described land located in the City of Roanoke should not be rezoned from RD, Duplex Residential District to RG-2, General Residential District'; and WHEREAS, the Petitioners by Council did then request that the matter be reconsidered by Council as a rezoning from District RD, Duplex Residential District to RG-1, Residential District; and WHEREAS, on motion duly made and seconded, by Councilmen voting with the majority on the previous ordinance voted upon at the same meeting, and carried, the matter is now before the Council on a reconsideration of the Petition for rezoning to change the classification of the hereinafter described property from RD, Duplex Residential District to RG-1, General Residential District; and WHEREAS, this Council, after considering the evidence as provided here- in and after hearing all parties in interest and citizens both for and against the proposed rezoning, is of the opinion that the hereinafter described property should be rezoned as requested. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, and Sheet No. 222 of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz.: Property located on the 1700 block of Hanover avenue, N. W., described as Lots 5 - 8, inclusive,-Block 58, Melrose Land Company, designated on Sheet 222 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax Nos. 2220805 - 2220807, be, and is hereby, changed from RD, Duplex Residential District, to RG-1, General Residential District, and that Sheet No. 222 of the aforesaid map be chang' ed in this respect. A P P ~ 0 ¥ E D ATTEST: Deputy City Clerk Mayor 122 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of December, 1971. No. 19992. AN ORDINANCE to amend and reordain Section ~78000, "Schools - Win Program - Nurse Aides," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal 6overnment of the City of Roanokg, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section g78000, "Schools - Win Program - Nurse Aides," of the 1971-72 Appropriation Ordinance, be., and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS - WIN PROGRAM - NURSE AIDES ~78000 PeYsonal Services ................... $ 11,040.00 Supplies ............................ 2,480.00 Equipment ........................... 236.00 Fixed Charges ....................... 1,967.00 $ 15,723.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTE ST: V D~~k-t-~ Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA_, The 20th day of December, 1971. No. 19993. AN ORDINANCE to amend and reordain Section ~7400, "Schools - Maintenance of Buildings," and Section ~7500, "Schools - Maintenance of Instructional and Office Equipment," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~7400, "Schools - Maintenance of Buildings," and Section ~7500, "Schools - Maintenance of Instructional and Office Equipment," of the 1971-72 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: ::1.23 SCHOOLS -, MAINTENANCE OF BUILDINGS ~7400 Maintenance of Buildings .............. $ 956.53 SCHOOLS - MAINTENANCE OF INSTRUCTIONAL AND OFFICE EQUIPMENT ~7500 Maintenance of Instructional and Office Equipment ...................... $ 2,036.62 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of December, 1971. No. 19994. AN ORDINANCE to amend and reordain Section ~26, "Jail," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of th~ City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =26, "Jail," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: JAIL =26 Fees for Professional and Special Services (1) (2) ............. $ 15,000.00 (1) Net increase .............. $6,000.00 (2) Subject to approval by the State Compensation Board BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTE ST: Deputy City Clerk APPROVED Mayor 124 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of December, 1971. No. 19995· AN ORDINANCE to amend and reordain Section =90, "Sewage Treatment Fund," of the 1971-72 Sewage Treatment Fund Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =90, "Sewage Treatment Fund," of the 1971-72 Sewage Treatment Fund Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as fo!lows, in part: SEWAGE TREATMENT FUND ~90 Operating Supplies and *Materials (1) ........ $158,800.00 Printing and Office Supplies (2)............ 1,700.00 (1) Net decrease $1,200.00 (2) Net increase 1 200 O0 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of December, 1971. No. 19996. AN ORDINANCE to amend and reordain Section =83, "Planning Commission," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~83, "Planning Commission," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and .reordained to read as follows, in part: PLANMI.~G COMMISSION =83 Personal Services (1) .................... $82,724.00 (1) Net increase $3,965.00 Add one Planning Technician at Range 19, Step 1, $610.00 per month. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Deputy City Clerk A P P R 0 V E'D Ma yo r IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of December, 1971. No. 19997. AN ORDINANCE directing and providing for the acquisition of a certain parcel of land in fee simple and of a certain temporary easement in land needed by the City for the widening and improvement of Garden City Boulevard, S. E.; fixing the consideration to be offered to be paid by the City for said parcel of land and easement and the other terms and provisions of such acquisition; providing for the City's acquisition of said land and easement by condemnation, under certain circumstances; authorizing that the City make motion for the award of a right of entry on said property for the purpose of commencing its work of improvement; and providing for an emergency. WHEREAS, in order to provide for the widening and improvement of a por- tion of Garden City Boulevard, S. E., in accordance with the plans therefor, approved as a project by Ordinance No. 19231, adopted June 22, 1970, the parcel of land hereinafter described, which is set out and shown in detail on the plans of the aforesaid project, is wanted and needed by the City fct the purposes of the project, said property being needed to be acquired in fee simple and in easement for the proper construction of said project; and WHEREAS, the City has caused an appraisal to be made of the fair market value of the hereinafter described property and easement, on the basis of which the valuation hereinafter set out with respect to said property has been determined by the Council to be fair and reasonable; and funds sufficient for the payment of the purchase price hereinafter authorized to be paid have been heretofore appropriated by the Council for the purpose; and WHEREAS, it is desired and intended by the City that immediate con- struction of the aforesaid street improvements be commenced, prior to which it is necessary that the City have acquired a right of entry on the hereinafter described property for the purpose of constructing said public improvements; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the said City of Roanoke wants and needs for the purpose of its widening and improvement of a portion of Garden City Boulevard, S. E., and the proper City officials be, and are hereby authorized to acquire for said City from the owner or owners of the parcel of land hereinafter described and for the price set out opposite said parcel, the fee simple title to and easement necessary for the proper construction of said street, in the following described land situate in the City of Roanoke, Virginia, on the east side of Garden City Boulevard, S. E., said parcel of land being described with reference to the City's plans for said street improvement project, viz.: Parcel 006, being 8,276 square feet of land in fee simple and a temporary easement in an adjoining 261 square foot area of land, all in the lot designated Official No. 4260,501 on the City's Tax Appraisal Map, from its owners, Gale B. Cyphers and Vera C. Cyphers, husband and wife, as shown in detail on Plan No. 5170-A, prepared in the office of the City Engineer, under date of September 3, 1970, a copy of which is on file in the office of the City Clerk, for the sum of $600.00; 2. That the City Manager be, and he is hereby directed, immediately, to offer on behalf of the City to the owner or owners of the aforesaid parcel of land the consideration hereinabove set out for said parcel, for said owner's or owners' conveyance to the City of the rights or title needed by the City in said parcel of land, and, upon acceptance of such offer and upon delivery to the City of a good and sufficient deed of conveyance or deed of easement, as the case may be, approved as to form and sufficiency by the City Attorney, the City Auditor be, and he is hereby directed to make payment to the owner or owners accepting said City's offer of the consideration hereinabove set out with respect to said land, such payment to be made to such persons as are certified by the City Attor- ney to be entitled to the same; 3. That, should the City be unable to agree with the owner or owners of the parcels of land hereinabove set out for the,City's purchase of said land or easement therein, as the case may be, the City Attorney is hereby authorized and directed to institute in a court of competent jurisdiction in the City condemna- tion proceedings to acquire for the City the fee simple title to and/or easement in such land as is hereinabove set out and described and as the City is unable to acquire by purchase as hereinabove provided; and ATTE ST: 4. That, in instituting or conducting any condemnation proceeding herein authorized to be brought on behalf of the City, the City Attorney is hereby authorized and empowered to make motion on behalf of the City for entry of an order pursuant to the provisions of § 25-46.8 of the 1950 Code of Virginia, as amended, granting to the City a right of entry for the purpose of commencing its public works or improvements on said street; and the City Auditor, upon request of said City Attorney shall be, and is hereby authorized and directed to draw and make payment into such court wherein said condemnation proceedings may be pending the sum hereinabove authorized to be paid by the City for the respective parcel of land sought to be acquired in such condemnation proceeding. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage. APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF. THE CITY OF ROANOKE, VIRGINIA, The 20th day of December, 1971. No. 19999. A'RESOLUTION authorizing a shortening of the working hours of certain City employees on December 24, 1971. WHEREAS, Christmas Day, 1971, falling on a Saturday, the City Manager has recommended to the Council that he be authorized tO arrange for a Shortening of the working hours of employees in the City's offices and departments which are not engaged in performing essential functions of the City, in which recommendation the Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager and the Council-appointive officers of the City be, and are hereby authorized to permit such of the City's personnel who are not then engaged in performing necessary and essential services for the City to end their normal work- day for the City on Friday, December 24, 1971, at 1:00 o'clock, P.M., on said day, rather than at 5:00 o'clock, P.M., provided, however, there be no disruption or cessation of the performance of any essential or necessary public services re- quired to be rendered or performed by the City. APPROVED ATTE ST: Deputy City Clerk Mayor 1'28 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of December, 1971. No. 20000. AN ORDINANCE acceptin9 the proposal of Adams Construction Company, Inc., for furnishing, heating, haulin9 and applyin9 certain asphalt and tar for the period from January 1, 1972, throuqh December 31, 1972, upon certain terms and provisions; authorizin9 the Purchasin9 Agent to issue the requisite purchase orders therefor; rejectin9 a certain other bid; and providin9 for an emerqency. WHEREAS, on December 1, 1971, and after due and proper advertisement had been made therefor, certain bids for the supply to the City of the materials hereinafter mentioned were opened in the office of the City's Purchasin9 Aqent by three members of a committee appointed for the purpose, and thereafter were tabulated and studied by the committee which has made written report and recom- mendation to the Council through the City Manaqer; and WHEREAS, the City Manager, concurrin9 in the committee's report, has transmitted the same to the Council, recommendin9 award of the contract as here- inafter provided; and the Council, considerin9 all of the same, has determined that the bid hereinafter accepted is the lowest and best bid made to the City for the supply of said materials, and that funds sufficient to pay for the purchase price of said materials have been appropriated; and WHEREAS, it is necessary for the usual daily operation of the municipal 9overnment that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the proposal of Adams Construction Company, Inc., for furnishi~ heating, haulin9 and applying, for the City, approximately 200,000 9allons RC 250 asphalt; for furnishin9, heatin9 and fillin9 the City's 400-gallon distributors with approximately 160,000 9allons of RC 250 asphalt; and for furnishing~ heating, haulin9 and applyin9 approximately 40,~0 9allons R T 9 tar, at $0.2199, $0~2077 and $0.35 per 9allon, respectively, for the period commencin9 January 1, 1972, and endin9 December 31, 1972, as per the City's specifications and in accordance with said company's bid on file in the Office of the City Clerk, be, and said proposal is hereby ACCEPTED; 2. That the Purchasin9 Agent be, and he is hereby authorized and directed to issue, for and on behalf of the City, periodic purchase orders based on said company's unit prices to meet the requirements of the Department of Public Works; and 3. That the proposal of the other bidder for furnishin9, heating, haulin9 and applyin9 such asphalt and tar be, and the same is hereby REJECTED, and the City Clerk shall so notify said other, bidder and, in so doing, express the City's appreciation of its said bid. BE IT FURTHER ORDAINED that, an emergency e×istin9, this ordinance be in force and effect upon and after its passage. ATTEST: Deputy City Clerk APPROVED ~Ia yor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of December, 1971. No. 20001. AN ORDINANCE accepting certain proposals for furnishing regular and premium grade gasoline to the City Garage, for furnishing regular grade gasoline to the City's Water Department, and for furnishing premium grade gasoline to the City's Fire Department for the calendar year 1972, upon certain terms and condi- tions; rejecting certain other bids received for furnishing the City's aforesaid gasoline requirements; and providing for an emergency. WHEREAS, on December 1, 1971, and after due and proper advertisement had been made therefor, certain bids for the supply to the City of the gasoline here- inafter mentioned were opened in the office of the City's Purchasing Agent by three members of a committee appointed for the purpose, and thereafter were tabulated and studied by the commiztee which has made written report and recommendation to the Council through the City Manager; and WHEREAS, the City Manager, concurring in the committee's report has transmitted the same to the Council, recommending award of the contracts as here- inafter provided; and the Council, considering all of the same, has determined that the bids hereinafter accepted are the lowest and best bids made to the City for the supply of said gasoline, and that funds sufficient to pay for the purchase price of said gasoline have been appropriated; and WHEREAS, for the usual daily operation of the municipal government, an emergency is declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the proposal of Gulf Oil Company- U. S. to furnish to the City for its City Garage's regular grade gasoline requirements for the calendar year 1972, regular grade gasoline at its "Posted Consumer Tank Wagon Price" in Roanoke on day of delivery, less $0.0821 discount per gallon, net 30 days, be, and said proposal is hereby ACCEPTED; 2. That the proposal of Texaco, Incorporated, to furnish to the City for its Water Department's regular grade gasoline requirements for the calendar year 1972, regular grade gasoline at its "Posted Consumer Tank Wagon Price" in Roanoke on day of delivery, less $0.0663 discount per gallon, net 30 days, be, and said proposal is hereby ACCEPTED; gasoline requirements be, and the said other bids are hereby REJECTED; the City Clerk to so notify said other bidders and to express the City's appreciation 3. That the proposal of Texaco, Incorporated to furnish to the City its City Garage's requirements for,premium grade gasoline for the calendar year 1972 at its "Posted Consumer Tank Wagon Price" in Roanoke on day of delivery, less $0.1313 discount per gallon, net 30 days, be', and said proposal is hereby ACCEP TED; 4. That the proposal of Gulf Oil Company- U. S. to furnish to the City its Fire Department's requirements of premium grade gasoline for the calendar year 1972, at its "Posted Consumer Tank Wagon Price" in Roanoke on day of delivery, less $0.796 discount per gallon, net 30 days, be, and said proposal is hereby ACCEP TED; 5. That the City's Purchasing Agent be, and he is hereby authorized and directed to enter into the requisite contracts with the aforesaid bidders by purchase order or otherwise, for the supply to the City of the abovementioned gasoline requirements, each said contract or purchase order to be made or entered into in accordance with the provisions herein contained and set out in said bidders'i respective proposals, ali such gasoline requirements to be furnished in full accordance with the City's specifications made therefor; and 6. That the other bids made to the City for the supply of the aforesaid for said bids. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of December, 1971. No. 20002. A RESOLUTION approving the compromise and settlement of a claim of the City of Roanoke against Paul J. Pearsall. /1 TTE S T: _~~ be in full force and effect upon its passage. WHEREAS, by reason of matters arising out of written agreement between the City of Roanoke and Paul J. Pearsall, relating to the City's emergency demo- lition of certain fire damaged property at 332 Salem Avenue, S. W., the City considered certain monies to be owed to it for such demolition work and suit was instituted in the Hustings Court of the City of Roanoke to recover said monies; and WHEREAS, Paul J. Pearsall has made payment of the sum of $3,269.00 to the City in compromise and settlement of the b~lance of the City's claim for the cost of such work; and WHEREAS, Council is of the opinion that the compromise and settlement is reasonable and in the best interest of the City of Roanoke to accept. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the $3,269.00 payment made November 22, 1971, by Paul J. Pearsall to the City be, and is hereby approved as settlement for the City's claim against Paul J. Pearsall for the balance of all monies due pursuant to a written agreement dated December 12, 1970, between the parties for the demolition of a former building at 332 Salem Avenue, S. W. BE IT FURTHER RESOLVED that the City Attorney is authorized and directed to cause the action brought by the City of Roanoke against said party in the Hustings Court of said City dismissed and stricken from the docket of that Court. ATTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of December, 1971. No. 20003. A RESOLUTION protesting the untoward cost placed on localities by the Uniform Relocation and Real Property Assistance Act of 1970 in the matter of relocation costs and payments in federally-assisted programs; and urging certain amendments to said Act. WHEREAS, the Council is advised that, unless amended by the Congress prior to July 1, 1972, the Uniform Relocation and Real Property Assistance Act of 1970 will impose upon localities desiring to participate in certain federally- assisted programs prohibitive expense in the sharing of the cost of federally- imposed relocation assistance payments and expenses, all of which have hereto- fore been contributed 100 per cent from federal funds. 132 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council protests the impact of those provisions of the 1970 Uniform Relocation and Real Property Assistance Act heretofore passed by the Congress which, after July 1, 1972, would impose upon localities untoward expense and obligation in the cost of relocation assistance payments required by the Congress in certain federally- assisted programs sponsored by localities. BE IT FURTHER RESOLVED that this Council strongly supports and endorses Senate Bill 1819 and House Bill 8361, pending before the Congress, which would amend said Act so as to eliminate the cut-off date of July 1, 1972, contained in said Act and continue 100 per cent federal contribution for relocation payments to displacees in federally-assisted programs; and does further support and endorse amendment of said Act so as to extend the time within which states may amend their laws or constitution in order to meet the requirements of said Act. BE IT FINALLY RESOLVED that the City Clerk do transmit certified copies of this resolution to the following-named members of the Congress: Senator Harry F. Byrd, Jr., Senator William B. Spong, Jr., Congressman Richard H. Poff, Senator Edmund S. Muskie, Chairman, Subcommittee on Intergovernmental Relations, Committee on Government Operations, Congressman John A. Blatnik, Chairman, Committee on Public Works. APPROVED ATTE ST:V Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of December, 1971. No. 19989. AN ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, and Sheet No. 321, Sectional 1966 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have property located on Daleton Avenue between Light Street and Wayland Street, in the City of Roanoke, Virginia, and more particularly described as follows: BEING Lots 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13, Section 4, of Jackson Park Addition to the City of Roanoke, Virginia, recorded in the Clerk's Office of the Circuit Court for the County of Roanoke, Virginia, in Plat Book 1, pages 270 and 271; and also shown on the Bowling Land Company, Incorporated Map of Lilly View, recorded in the aforesaid Clerk's Office in Plat Book 1, pages 322 and 323; and BEING Roanoke City Official ~3210819,~3210820, ~3210821, ~3210822, ~3210823, ~3210824, ~3210825, ~3210826, ~3210827, ~3210828, and ~3210829. rezoned from LM, Light Manufacturing District, to RG-2, General Residential Dis- trict; and WHEREAS, the City Planning Commission has recommended that the hereinafter described land be rezoned from LM, Light Manufacturing District, to RG-2, General Residential District; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 71, Chapter 4.1, Title XV, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, have been published and posted as required and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the 20th day of December, 1971, at 2 p.m., before the Council of the City of Roanoke, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and 'WHEREAS, this Council, after considering the evidence as herein provided, is of the opinion that the hereinafter described land should be rezoned. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, and Sheet No. 321 of the Sectional 1966 Zone Map, City of Roanoke, ~ amended in the following particular and no other, viz.: Property located on Daleton Avenue between Light Street and Wayland Street, in the City of Roanoke, Virginia, described as Lots 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13, Section 4, Jackson Park Addition to the City of Roanoke, designated on Sheet 321 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax Nos. 3210819, 3210820, 3210821, 3210822, 3210823, 3210824, 3210825, 3210826, 3210827, 3210828 and 3210829, be, and is hereby, changed from LM, Light Manufacturing District, to RG-2, General Residential District, and that Sheet No. 321 of the aforesaid map be changed in this respect. ATTE ST: APPROVED Deputy City Clerk Mayor 134 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of December, 1971. No. 19990. AN ORDINANCE to amend Title X¥, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, and Sheet No. 222, Sectional 1966 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have Lot 11, Block 36,'Map of Melrose Land Company, being Roanoke City Official Tax No. 2221811, and being located at 1423 Melrose Avenue, N. W., rezoned from RG-1, General Residential District, to C-l, Office and Institutional District; and WHEREAS, the City Planning Commission has recommended that~the herein- after described land be rezoned from RG-1, General Residential District, to C-l, Office and Institutional District; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 71, Chapter 4.1, Title XV, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, have been published and posted as required and for the time provided by said section; and ~HERE~S, the hearing as provided for in said notice was held on the 20th day of December, 1971, at 2 p.m., before the Council of the City of Roanoke, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezonin9; and WHEREAS, this Council, after considering the evidence as herein provided, is of the opinion that the hereinafter described land should be rezoned. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amend. ed, relating to Zoning, and Sheet No. 222 of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz.: Property located at 1423 Melrose Avenue, N. W., described as Lot 11, Block 36, Map of Melrose Land Company, designated as Sheet No. 222 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax No. 2221811, be, and is hereby, changed from RG-1, General Residential District, to C-l, Office and Institutional District, and that Sheet No. 222 of the aforesaid map be changed in this respect. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of December, 1971. No. 19991. AN ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, and Sheet No. 309, Sectional 1966 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have Lots 6 and 36, of Section No. 1 of the Revised Map of Avendale, located on Avendale Avenue and Laconia Avenue, being Roanoke City Official Tax Numbers 3090920 and 3090904, respectively, rezoned from RD, Duplex Residential District, to C-2, General Commercial District; and to have Lots 7, 8, 9, 32, 33, 34, and 35, of Section No. 1 of the Revised Map of Avendale located on Avendale Avenue and Laconia Avenue, and being Roanoke City Official Tax Numbers 3090921, 3090922, 3090923, 3090908, 3090907, 3090906, and 3090905, respectively, rezoned from RD, Duplex Residential District, to RG-2, General Residential District; and WHEREAS, the City Planning Commission has recommended that the herein- after described land, being Lots 6 and 36,of Section No. 1 of the Revised Map of Avendale be rezoned from RD, Duplex Residential District to C-2, General Commercial District, and that Lots, 7, 13, 9, 32, 33, 34, and 35 of Section No. 1 of the Revised Map of Avendale be rezoned from RD, Duplex Residential District to RG-2, General Residential District; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 71, Chapter 4.1, Title XV, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, have been published and posted as required and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the 20th day of December, 1971, at 2 p.m., before the Council of the City of Roanoke, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and i! WHEREAS, this Council, after considering the evidence as herein pro- vided, is of the opinion that the hereinafter described land should be rezoned. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, and Sheet No. 309 of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz.: Property located on Avendale Avenue and Laconia Avenue described as Lots 6 and 36 of Section No. 1 of the Revised Map of Avendale, designated on Sheet No. 309 of the Section 1966 Zone Map, City of Roanoke, as Official Tax Nos. 3090920 and 3090904, be, and is hereby, changed from RD, Duplex Residential 136 District to C-2, General Commercial District, and the property located on Avendale Avenue and Laconia Avenue described as Lots 7, 8, 9, 32, 33, 34, and 35, of Sec- tion No. 1 of the Reivsed Map of Avendale, designated on Sheet No. 309 of the Section 1966 Zone Map, City of Roanoke, as Official Tax Nos. 3090921, 3090922, 3090923, 3090908, 3090907, 3090906, and 3090905, be, and is hereby changed from RD, Duplex Residential District, to RG-2, General Residential District, and that Sheet No. 309 of the aforesaid map be changed in this respect. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of December, 1971. No. 19998. AN ORDINANCE authorizing and providing for the sale and conveyance of the City's former Municipal Incinerator property, now unused, to City of Roanoke Redevelopment and Housing Authority, upon certain terms and conditions. WHEREAS, City of Roanoke Redevelopment and Housing Authority did, under date of September 16, 1971, request that the City sell and convey to said Authori~ the property hereinafter mentioned, needed by said Authority in assembling the necessary land for its Kimball Redevelopment Project (Project No. Va. R-46), said Authority advising the City that it would offer, in consideration for such conveyance, to credit the City with the sum of $120,000.00 toward other redevelop- ment or housing projects; and WHEREAS, a committee appointed by the Council for the purpose has, by letter dated December 13, 1971, recommended that the hereinafter described land be conveyed to said Authority, it not being held by the City for any of.its public purposes, for the nominal consideration of one dollar cash plus credit to the City of the sum of $120,000.00 toward other redevelopment or housing projects, upon the terms and conditions herein provided; in all of which this Council concurs THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that said City does hereby offer to sell and convey to City of Roanoke Redevelopment and Housing Authority all that certain property of the City situate west of the intersection of Shenandoah Avenue and Gilmer Avenue, N. E., and lying between each said street, formerly used and employed by the City as the site of its Municipal Incinerator, said parcel of land consisting of Official Nos. 3013404, 3013405 and 3013406, as shown on the City's Tax Appraisal Map, with special warranty of title for the nominal consideration of ONE DOLLAR ($1.00), cash, payable to the City upon delivery of its deed of conveyance thereto, and for the additional consideration that the City be credited in the sum of $120,000.00 toward other redevelopment or housing projects within the City, such conveyance to be made subject to any and all easements, conditions and restrictions of record affecting the title to said parcels of land. BE IT FURTHER ORDAINED that, the proper City officials be, and they are hereby authorized and directed to execute such deed on behalf of the City as is necessary to transfer and convey to said Authority the title to the aforesaid property, such deed to be made upon such form as is approved by the City Attorney and, upon its execution and acknowledgment the City Attorney shall be and is hereby authorized to deliver said deed to City of Roanoke Redevelopment and Housing Authority or its authorized attorney or representative. BE IT FINALLY ORDAINED that the City Clerk do forthwith transmit to City of Roanoke Redevelopment and Housing Authority an attested copy of this ordinance as evidence of the offer herein contained. ATTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of December, 1971. No. 20004. AN ORDINANCE to amend Chapter 8. License Tax Code, of Title VI. Taxa- tion, of the Code of the City of Roanoke, 1956, as amended, by the addition of a new section, to be numbered Sec. 99.1. Repair businesses; mobile, providing certain definitions and classifications and imposing an annual license tax upon the business classified in said section; and providing for an emergency. WHEREAS, the Roanoke Tax Study Committee, in its Interim Report No. 3 heretofore made to the Council, recommended that, in order to provide necessary revenue to the City and in order to more uniformly distribute the tax burden amongst certain of the licensable businesses and occupations in the City, the City's License Tax Code should be amended by the addition of a new section to provide substantially as is hereinafter set out; and WHEREAS, the Council, considering said report and recommendations con- siders that the provisions hereinafter set out are fair and reasonable and more uniformly distribute the tax burden over licensable businesses and occupations in the City; and 138 WHEREAS, for the usual daily operation of the municipal government and in order to provide necessary revenue for the City of Roanoke for the calendar year 1972 and therea'fter from license taxes assessable on an annual basis, or otherwise, an emergency is hereby set forth and declared to exist in orderthat this ordinance take effect at the first instant of January l, 1972. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Chapter 8. License Tax Code, Title VI. Taxation, of the Code of the City of Roanoke, 1956, as amended, be and said chapter is amended by the addition of a new section, to be numbered Sec. 99.1, to read and provide as follows: Sec.. 99,1. Repair businesses; mobile. Every person operating from a mobile repair unit not having a regular place of business in the City, overhauling, repairing, renovating and/or servicing any motor vehicle or any other tangible personal property shall be deemed to be engaged in a mobile repair business and, if not otherwise licensed to do such business in the City, shall pay, for each week or part thereof such business is conducted, a license tax of ....... $110.00; provided, howeverl ~ ~ ~;~;;~ ~a~ ~i in lieu of the weekly license tax, an annual tax of $550.00. A mobile repair unit is defined as any motor vehicle from which the overhauling, repairing, reno- vating and/or servicing of any motor vehicle or other tangible personal property is accomplished within the City. BE IT FURTHER ORDAINED'that, an emergency existing, this ordinance shall be in force and effect at the first instant of January 1, 1972, and thereafter. APPROVED ATTE ST: ~,~ Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of December, 1971. No. 20005. AN ORDINANCE amending and reordaining Sec. 99. Repair businesses, miscellaneous, Chapter 8, License Tax Code, of Title VI. Taxation, of the Code of the City of Roanoke, 1956, as amended, in certain particulars, providing for an emergency; and providing an effective date of this ordinance. WHEREAS, it is necessary for the usual daily operation of the municipal government, that this ordinance be in effect on and after January 1, 1972. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, that Sec. 99. Repair businesses, miscellaneous, of Chapter 8, License Tax Code, of Title VI..Taxation, of the Code of the City of Roanoke, 1956, as amended, be and said section is hereby amended and reordained to read and provide as follows: Sec. 99. Repair businesses, miscellaneous. Every person engaged in the business of overhauling reparing, rebuilding, renovating and/or servicing any one or more of the following: Adding Machines. Addressing machines. Aircraft. Automobiles, trucks, trailers. Bicycles. Boilers. Business machines. Calculating machines. Cash registers. Cameras. Electric motors, armatures, generators, 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. 0il burners. Pillows and the like. Pumps. Radios. Refrigeration equipment. Sewing machines. Stokers. Tanks. Television sets. Tires and tire recapping. Tractors. Turbines. Typewriters. Upholstery. Vehicles. Venetian blinds, etc. Ventilating equipment. Watches and clocks. 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 9ross receipts derived from such business; provided, however, that if any such person is or becomes licensed as a retail mer- chant, 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. BE IT FURTHER ORDAINED that, an emegency existing, this ordinance shall be in force from and after January 1, 1972. APPROVED ATTEST: Deputy City Clerk Mayor 140 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of December, 1971. No. 20006. AN ORDINANCE to amend Chapter 8. License Tax Code, of Title VI. Taxation of the Code of the City of Roanoke, 1956, as amended, by the addition of a new section, to be numbered Sec. 35.1. Aircraft flight training schools; providing certain definitions and classifications and imposing an annual license tax upon the business classified in said section; and providing for an emergency. WHEREAS, the Roanoke Tax Study Committee, in its Interim Report No. 3 heretofore made to the Council, recommended that, in order to provide necessary revenue to the City and in order to more uniformly distribute the tax burden amongst certain of the licensable businesses and occupations in the City, the City's License Tax Code should be amended by the addition of a new section to provide substantially as is hereinafter set out; and WHEREAS, the Council, considering said report and recommendations considers that the provisions hereinafter set out are fait and reasonable and more uniformly distribute the tax burden over licensable businesses and occupa- tions in the City; and 'WHEREAS, for the usual daily operation of the municipal government and in order to provide necessary revenue for the City of Roanoke for the calendar year 1972 and thereafter from license taxes assessable on an annual basis, or otherwise, an emergency is hereby set forth and declared to exist in order that this ordinance take effect at the first instant of Janua~ 1, 1972. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Chapter 8. License Tax Code, Title VI. Taxation, of the Code of the City of Roanoke, 1956, as amended, be and said chapter is amended by the addition of a new section, to be numbered Section 35.1. to read and provide as follows: Sec. 35.1. Aircraft fliQht training schools. Any person conducting or operating classes or courses in or furnishing instructions on aircraft flight training to others, either individually or in groups, for profit, the individuals instructed being required to pay a tuition or charge, shall pay an annual license tax of. ....... $30.00, plus 75 cents on each $100.00 of gross receipts derived from such business, occupation or profes- sion. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in force and effect at the first instant of January 1, 1972, and thereafter. ATTE ST: Deputy City Clerk APPROVED Mayor 14'1 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of December, 1971. No. 20007. AN ORDINANCE to amend Chapter 8. License Tax Code, of Title VI. Taxation, of the Code of the City of Roanoke, 1956, as amended, by the addition of a new section, to be numbered Sec. 59.1. Communication equipment; providinq certain definitions and classifications and imposin9 an annual license tax upon the business classified in said section; and providin9 for an emergency. WHEREAS, the Roanoke Tax Study Committee, in its Interim Report No. 3 heretofore made to the Council, recommended that, in order to provide necessary revenue to the City and in order to more uniformly distribute the tax burden amongst certain of the licensable businesses and occupations in the City, the City's License Tax Code should be amended by the addition of a new section to provide substantially as is hereinafter set out; and WHEREAS, the Council, considerin9 said report and recommendations considers that the provisions hereinafter set out are fair and reasonable and more uniformly distribute the tax burden over licensable businesses and occupations in the City; and WHEREAS, for the usual daily operation of the municipal 9overnment and in order to provide necessary revenue for the City of Roanoke for the calendar year 1972 and thereafter from license taxes assessable on an annual basis, or otherwise, an emer§ency is hereby set forth and declared to exist in order that this ordinance take effect at the first instant of January 1, 1972. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Chapter 8. License Tax Code, Title VI. Taxation, of the Code of the City of Roanoke, 1956, as amended, be and said chapter is amended by the addition of a new section, to be numbered Sec. 59.1, to read and provide as follows: Sec. 59.1. Communication equipment. Every person, not a public service corporation who, as a business, rents, leases, lends or other- wise temporarily disposes of any communication equipment includin9 radios telephones switch- boards or any other equipment necessary for the transmission of any communication, to any person within the city, for compensation, shall pay an annual license tax of ~~..o~._._~o$559 -'-00' plus 55 cents on each ss receipts derived from such business. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in force and effect at the first instant of January 1, 1972, and thereafter. APPROVED ATTE ST: /~z::~t-.~_ Deputy City Clerk Mayor 142 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of December, 1971. No. 20008. A RESOLUTION requestin9 certain amendments to the Roanoke City Charter of 1952, as presently amended. ~HEREAS, after publication of due notice as provided in § 15.1-835 of the Code of Virginia, 1950, as amended, a public hearinq was held before the Council on December 28, 1971, at which public hearin9 citizens were afforded an opportunity to be heard to determine if the citizens of the City of Roanoke desired the Council to request the General Assembly of Virginia to amend said City's Charter in the particulars hereinafter provided; and WHEREAS, upon such public hearing and upon consideration of all such proposed amendments by the Council, it was determined that the City's Charter should be amended by the General Assembly in the particulars hereinafter set out. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the General Assembly of Virginia, at its 1972 Session, be, and is hereby requested to amend the Roanoke Charter of 1952, being Chapter 216 of the 1952 Acts of Assembly of Virginia as from time to time amended, in the folllowing particulars, viz.: Sec. 4. Composition of council; vacancies. The Council as presently composed shall continue and shall consist of seven members, one of which shall be the mayor, all of whom shall be elected at large and shall serve for the respective terms as hereinafter provided. The members of council shall serve * terms of four years, from the first day of July next following the date of their election and until their successors shall have been elected and qualified. The mayor shall serve for a term of four years from the first day of J~ly next following the date of election and until a successor shall have been elected and qualified; provided, however, that on the first Tuesday in May, nineteen hundred seventy-two, and on said day each four years thereafter, three councilmen and a mayor shall be elected for a term of four years, and on the .first Tuesday in May, nineteen hundred seventy-four, and each four years thereafter, three councilmen * shall be elected for a term of four years. Notwith- standinq the foreqoinq provisions'in this section, the terms of the mayor and of the three members of council elected in nineteen h~ndred sixty-eiqht shall continue for four years from the first day of September, nineteen h~ndred sixty-ei§ht, and ~ntil s~ch time as their successors shall have been elected as hereinabove provided and qualified, and the terms of the mayor and of the three members of the council to be elected as hereinabove provided in nineteen h~ndred seventy-two shall be for three years and ten months, to'co~menc~ on September ~, 1972; and, f~rther, the terms of the three members of council elected in nineteen hundred seventy shall contin~e for four years from the first day of September. nineteen hundred seventy and until such time as their successors shall have been elected and qualified, and the terms of the three members of council to be elected as hereinabove provided in nineteen hundred seventy-four shall be for three years and ten months, to oommence on September 1. 1974. The member of council receiving the largest number of votes in each regular councilmanic election shall be the vice-mayor of the city, for q term of two years, to commence on the first day of July next following the date of such election and until his successor shall have been elected and qualified: provided, however, that in the years 1972 and 1974 such term shall commence on the first day of September next following said regular councilmanic election; and provided, further, that the term of the vice-mayor so elected in the regular councilmanic election held in 1974 shall be for one year and ten months. The council shall be a continuing body, and no measure pendin9 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. No person may be a candidate for the office of mayor and for the office of councilman in the same election. Vacancies in the council * or vacancy in the office of mayor shall be filled within thirty days. and until the day upon which the terms of office of councilmen elected in the next following regular councilmanic election shall commence, by a majority vote of the remainin§ members of council, and if as much ~s two years of any such unexpired term of a member of council or of the mayor remains at the time of such next regular councilmanic election, a councilman or a mayor, as the case may be. shall be elected at said election for the remaining portion of such unexpired term. Sec. 6. Compensation of the mayor, vice-mayor and of councilmen. The salary of the mayor shall be six thousand dollars per year and that of the vice-mayor and of each other councilman shall be three thousand dollars per year. Effective July one, nineteen hundred seventy-two, the salary of the mayor shall be seven thousand two hundred dollars per year, * that of the vice- mayor shall be five thousand four hundred dollars per year; and that * of each other councilman shall be ~Qur thousand eight hundred dollars per year. Such salaries shall be payable in equal monthly installments. Sec. 8. Officers elective by council; rules. The council shall elect a city manager, a city clerk, a city auditor, a city attorney, and two, or more, municipal judges, one of whom shall be chief municipal judge. Unless herein otherwise specifically provided, the council shall also appoint the members of such boards and commissions as are hereafter provided for. All elections by the council shall be viva voce and the vote recorded in the journal of the council. The council may determine its own rules of procedure; may punish its members for misconduct and may compel the attendance of members in such manner and under such penalties as may be prescribed by ordinance. It shall keep a journal of its proceedings. A majority of all the members of the council shall constitute a quorum to do business, but a smaller number may adjourn from time to time. Upon a vacancy occurring in any such office the council shall elect a person to fill the unexpired portion of any term created by such vacancy; or, in the council's discretion, it may elect a perso~ as an acting city manager, city clerk, city auditor, city attorney, or municipal judge to hold such office for such lesser term and for such compensation as the council shall then determine; and any person so elected shal~ have, during the term for which he Was e~ected, aL1 of the authority and shall be charged with all of the duties and responsibili- ties of the office for which he was elected. ******************************** Sec. 9. Elections by council, when held, terms et cetera.. Durin9 the month of September, nineteen hundred and seventy-two and durin9 the month of September.of every second year thereafter, the council shall elect a city clerk, a city auditor, and a city attorney, each of whom shall serve for a term of two years from the first day of October next followin9 the date of his election and until his successor shall have been elected and qualified. Durin9 the month of September in the years 1972 and 1974 and durin9 the month of September of every second year followin9 the year 1974 the council shall elect one or more municipal judges to serve on the municipal court. Each municipal judge, so elected, shall serve for a term of four years from the first day of October next following the date of his election, and until his successor shall have been elected and qualified. The council shall designate the municipal judge, or one of the municipal judges, elected during the month of September, 1974, and each fourth year thereafter, chief municipal judge. No officer or judge elected by the council pursuant to sections 8, 9, or 21,1 of this charter shall be more tha~ sixty-five years of aqe at the time of such e~ection: and any such officer or j~dge attainin§ the age of sixty-five years durinq any term of office for which he was elected shall be deemed to have vacated such office upon his sixty-fifth birthday. *************************** Sec. lO. Meetings of council. -- At three o'clock post meridian on the first day of September, nineteen h~ndred seventy-two, on the first day of September, nineteen hundred seventy-four, and, thereafter, on the first day of July next followin9 the regular municipal election, or if such day be Sunday, then on the day following, the council shall meet at the usual place for holdin9 meetings of the le'§islative body of the city, at which time the newly elected councilmen shall assume the duties of their offices. Thereafter the council shall meet at such times as may be prescribed by ordinance or resolution, provided, that it shall hold at least one regular meetin9 each week, except durin9 the months of June, July and August, when two regular meetings each month may be held. The mayor, any member of the council, or the city manager, may call special meetings of the council at any time upon at least twelve hours written notice to each member, served personally or left at his usual place of business or residence; or such meetin9 may be held at any time without notice; provided, all members of the council attend. All meetings of the council shall be public, except where the public interest may require executive Sessions, and any citizen may have access to the minutes and records thereof at all reasonable times. ************************ .......... Sec. 16. Time of holdin9 municipal elections. -- A municipal election shall be held on the first Tuesday in May in nineteen hundred seventy-two and every second year thereafter, which shall be known as the regular election for the election of councilmen. Sec. 18. ~lection of other officers. There shall be elected by the qualified voters of said cit~, on the Tuesday after the first Monday in November, nineteen hundred and seventy-three and quadrennially thereafter, the followin9 officers: one attorney for the common- wealth, one commissioner of * revenue, one city treasurer, and one sheriff, who shall hold their offices for the term of four years from the first day of January ensuin9 their election and until their successors are duly elected and qualified, unless sooner removed from office; and there shall be elected by the qualified voters of said city on the Tuesday after the first Monday in November, nineteen hundred and seventy-seven, and every eight years thereafter, one clerk of the Hustings Court of the city of Roanoke, who shall be clerk of all courts of record in this city, whose term shall begin and end as is now or may hereafter be pre- scribed by the 6eneral Assembly of Virginia. Sec. 27. Municipal Court. (a) The municipal court presided over by the judge and j~dges provided for in Chapters 1 and 3, Title 16,1, 1950 Code of ¥ir§inia, as amended, at the effective date of this Act is hereby continued, and shall be known as the Municipal Court of the City of Roanoke. Said Court shall be composed of a chief municipal judge and of as many municipal judges, associate jBdges and substitute iudaes as the council may, from time to time, * determine and elect in the manner provided for by § 9 of this charter and in Chapter l, Title 16,1, 1950 Code of Virginia. as amended. The chief municipal judge and the municipal judges, associate municipal judges and substitute municipal judges in office at the effective date of this Act shall cQntinue in their respective offices until the expiration of the terms of office for which they were respectively elected. (b) Every judge, associate judqe and s~bstit~te judae of the Municipal Court shall, at the time of his election, be ~icensed to practice law in this State and qualified to practice law in the city of Roanoke, shall * be a resident of said city or shal~ reside within five miles of the corporate limits thereof,* and shall, before entering upon the performance of the duties of his office, take and subscribe to the oath prescribed by law. (c) The judges of the Municipal Court may agree upon a division of the business and upon the assignment of cases for trial in said court and in the divi- sions thereof, but in the event they shall not so agree the chief municipal judge shall have the ~ontinuina power and duty to make the necessary division of business and assignment of cases for trial. The Municipal Court shall be divided and held in the following divisions: (1) Criminal Division -- for the disposition of criminal matters and cases. (2) Civil Division -- for the disposition of civil matters and cases. (3) Traffic Division -- for the disposition of matters and cases involving a violation of State laws or city ordinances relating to the ownership, operation, use or control of automobiles and all other vehicles. (4) Miscellaneous Division -- for the disposition of mattem and cases involving the adjudication or commitment of insane, epileptic, feebleminded or inebriate persons, and for the disposition of all other matters and cases within the jurisdiction of the Municipal Court or of any municipal judge not falling within either of the three preceding divisions of said court. The Municipal Court or any division thereof as hereinabove provided may be presided over and conducted by any municipal judge, and each municipal judge, concurrently, shall have all the power, authority and jurisdiction necessary to bring on, hear, determine and adjudicate all matters and cases within the juris- diction of the Municipal Court, or of any judge thereof, properly before him for determination. Associate municipal judges and substitute municipal judges shall have the power,' authority and jurisdiction conferred upon them by Title 16.1 of the 1950 Code of Virginia, as amended. 147 (d) All municipal judges shall devote full time to the duties of their !ioffice. Each shall receive such individual salary as the council shall, from time iito time, fix which shall be paid by the city and each may participate in the i Emp loyees' Retirement System of the city of Roanoke, but shall receive no other compensation, fees or emoluments whatsoever from said city. (e) Each municipal judge shall be a conservator of the peace within the corporate limits of the city of Roanoke and within one mile beyond said limits and within the city and one mile beyond its limits, said court, and each judge thereof, concurrently, shall have exclusive original jurisdiction for the trial of all offenses against the ordinances of the city, except in those matters which are provided by law or by this charter to be within the exclusive original juris- diction of the Juvenile and Domestic Relations Court of said city; provided, however, that the city shall have the right of appeal to any court of record of the city from the decision of any such municipal judge affecting the legality or validity of any city ordinance, except that in any criminal matter such appeal shall be only to the Hustings Court of said city. The Municipal Court, and each judge thereof, concurrently, shall have exclusive original jurisdiction over all misdemeanors committed within the corporat limits of the city qad over all offenses aaainst the city's ordiaances committed on property owned by the city within one mile of its limits; and shall have concurrent original jurisdiction with the appropriate county or town authorities over all other offenses committed within one mile beyond said limits except where it is otherwise provided by law or by this charter. In criminal matters and cases the Municipal Court and the several divi- sions thereof, and each municipal judge, concurrently, shall possess and exercise all of the jurisdiction, power and authority which is now or hereafter conferred on m~nicipal j~dqes by Title 16,1 of the 1950 Code of Virqinia, as now or hereafter amended *. Notwithstandin9 the provisions herein contained, the Hustings Court of the City of Roanoke shall continue to have jurisdiction to try any persons for any misdemeanor for which such person be indicted or may certify such indictment to the Municipal Court or the appropriate division thereof, or to any other appropriat court, for trial, in which latter case the indictment shall be in lieu of any warrant, petition, or other pleading constitutin9 the charge which might otherwise have been required by law. Each judge of the Municipal Court shall have the power to order the arrest of, conduct the preliminary examinations of, admit to bail and take the recognizance of persons charged with crime in the manner pre- scribed, * generally, by Chapter 4, of Title 19,1, of the Code of Virginia, 1950, and Acts amendatory thereto. (f) The Municipal Court, the proper division thereof, and each munici- pal judge, concurrently, shall also have and exercise the jurisdiction conferred by general law upon j~dqes of courts not of record * in all matters in connection with the adjudication and commitment of mentally ill, mentally deficient, insane, epileptic, feeble-minded, inebriate, and drug addicted persons and the institution and conduct of proceedings therefor and the commitment for observation as to the mental condition of any suitable person not an inebriate or drug addict. (g) Any person convicted of a crime or of an offense against an ordinance of the city by any municipal judge shall have the right, at any time within ten days from such conviction and whether or not such conviction was upon a plea of guilty, to appeal to the Hustings Court of the city of Roanoke. Upon the appeal of any such case, the procedure and the trial of such appeal case shall be conducted as provided by Article 2, of Chapter ~, Title 16.1, of the Code of Virginia, 1950, as amended. (h) (1) In civil matters and cases the Municipal Court, the proper division or divisions thereof, and each municipal judge, concurrently, shall posses and exercise all of the jurisdiction, power and authority * which are now or may hereafter be conferred by the aeneral laws of the Commonwealth upon * ~ courts not of record in civil matters. In both criminal and civil matters within the jurisdiction of the Muni- cipal Court or of any judge thereof, each municipal judge, concurrently, shall have full authority to issue warrants, summonses, processes and writs, both mesne and final. (2) Any civil case, within the jurisdiction of the Municipal Court or of any judge thereof, may, at the election of the plaintiff, be brought by notice of motion for judgment. Such notice shall be in writing, shall be signed by the plaintiff or his attorney, shall contain a brief statement of the plaintiff's claim shall be served at least five days before the return day thereof in the same manner as civil warrants are served and shall also be returned, docketed and tried in the same manner as civil warrants are returned, docketed and tried. (3) The procedure in all civil matters and cases, except as herein otherwise provided, shall, as heretofore, conform as nearly as is practical to the provisions of general law relating to * courts not of record. (4) In matters of removals, appeals and bonds in civil matters, the Municipal Court, and each judge thereof, shall be governed by the provisions of Article 3, Chapter 6, of Title 16,1, of the Code of Virginia, 1950, and Acts amendatory thereto, as the same related to * courts not of record, except that removals and appeals in civil matters shall be to the Hustings Court of the city P_~I~, the Court of Law and Chancery of the city Of Roanoke or the Circuit Court of the city of Roanoke, * as may be designated by the party making the removal or appeal. If any plaintiff shall not bring his case to trial within two years from the time it is docketed in the court to which it is removed, or appealed, it shall be dismissed at the expiration of said two-year period, unless, after reasonable notice to the plaintiff, good cause be shown against such dismissal. (5) If, in a civil action, the warrant or notice of motion for judgment be upon an account or contract, express or implied, for the payment of money, affidavits may be made and like proceedings had as provided by Section 8-511 of the 1950 Code of Virginia, as amended, in actions of assumpsit. (i) Costs and fees in criminal and civil matters and cases shall be charged and collected, or taxed, as the case may be, in accordance with the provisions of general law relating to costs and fees. in criminal and civil matter~ and cases before courts not of record, * except that all such costs and fees collected in the Municipal Court shall be payable into the treasury of the city of Roanoke in the manner provided in this charter. (j) Each municipal judge shall keep his office and court at such places as may be prescribed by the council. The Criminal Division and the Civil Division of the Municipal Court, and the office of each municipal judge shall be kept open for the transaction of business every day in the year except Sundays and legal holidays. The chief municipal judge shall cause the Traffic Division and the Miscellaneous Division of the Municipal Court to be kept open for ~ e transaction of business for a sufficient number of days each week in the year to assure the prompt dispatch of all business in each of said divisions. Rny or all divisions of the Municipal Court may be closed on Saturdays if authorized by the City Council. (k) The council, in its discretion, may elect in the manner provided by section 9 of this charter * one or more substitute municipal judge~, who shall possess the same qualifications of a municipal judge, to serve for such period as may be specified * by the council. When there is a substitute municipal judge in office pursuant to this * provision, the council * may prescribe, * by ordinance, when and under what conditions he may act as substitute municipal judge and * the compensation he shall receive for such services. When lawfully acting as sub- stitute municipal judge, he shall possess all the jurisdiction and exercise all the power of a municipal judge. (1) The chief municipal judge shall be in charge of and responsible for the general administration of the Municipal Court and of the several divisions thereof and he shall cause the clerk of said court to promptly and efficiently perform all duties imposed upon said clerk by this charter or by said municipal judge. The chief municipal judge shall have the power to make, promulgate and enforce rules relating to and governing the setting of cases for trial, the trial of 150 cases and the disposition thereof, applicable to the parties and their attorneys appearing before said court and to the judges thereof, which rules shall not be in conflict with the Constitution and the general laws of the State and Rules promulgated by the Supreme Court of Virginia. (m) ~Whenever a vacancy shall occur in the office of chief municipal judge, the council shall promptly fill the vacancy by electing a municipal judge as chief municipal judge for a term to coincide with the regular term of the municipal judge so elected; or, in its discretion, the council may elect some other qualified person as chief municipal judge to serve for the unexpired term of his predecessor. * Any vacancy occurring in the office of municipal judge, associate municipal jadqe or substitute municipal judge, arising from any cause, may be filled by council by the election of a person with the qualifications pre- scribed herein. All elections made by the council under this section shall be subject to the provisions of section 9 of this charter. (n) The council, may, by ordinance impose upon the judges of the Municipal Court and upon the clerk and the deputy clerks thereof such other duties, not inconsistent with this charter and the laws of the Commonwealth, as it may deem proper and expedient; and may provide for their vacations, sick leaves and leaves of absence. Sec. 28. Clerk of the municipal court; deputy, clerks. 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 peace within the · jurisdiction of the Municipal Court. He shall have the duties and responsibilities of a clerk of a municipal court as set out and provided in Chapter 3. Title 16.1. of the 1950 Code of Virgin- ia. as from time to time amended. 'and he shall have all of the power and authority of a clerk of a court not of record provided in Chapters 1. 3. 6 and 7. Title 16.1. Qf the 1950 Code of Virginia. as amended, and to issue warrants, writs and pro- ~esses of the court, civil and criminal, issue subpoenas for witnesses, take ~ffidavits and administer oaths and affirmations, may issue warrants of arrest and search warrants in criminal cases as well as any criminal writ or process which might or could be issued by a judge of the Municipal Court. and may admit to bail persons charged with commission of crime. Warrants. subpoenas, abstracts of judg- ment. executions and all other writs and processes of the court, civil and criminal 151 issued by the clerk shall be siqned in the name of the Municipal Court of the City of Roanoke by the clerk, as such clerk. The clerk shall keep the docket and ~ounts for the Municipal Court and shall collect all fines, fees, forfeitures and costs imposed by a judge of the court 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 * obliqor on * said bond * and agreed * by the surety on such bond, be approved by a municipal judge or said clerk as a bond for an appearance in the Hustings Court on the same charge, unless the amount of bond required be raised by proper authority. * The 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 duty as such clerk. He shall perform such further duties as may be prescribed by the chief municipal judge. With the approval of the city council expressed by ordinance providing for their compensation, the clerk of the M~nicipal Court may appoint such number of deputy clerks and other clerical assistants as may be necessary for the effi- cient operation of the Municipal Court, all such appointments and the continuance in office of all such deputies and clerical assistants to be subject to the continuin9 approval of the chief municipal judge. Deputy clerks shall be con- servators of the peace within the jurisdiction of the Municipal Court. Such deputy clerks shall have the power and authority, when authorized by the chief municipal judge, to take affidavits, administer oaths and affirmations, issue civil warrants, abstracts of judgment, subpoenas for witnesses, warrants of arrest and search warrants in criminal cases, as well as any criminal writ or process which the clerk of the Municipal Court or a justice of the peace might issue; and may admit to bail persons charged with commission of crime; all such warrants, subpoenas, writs and processes to be issued in the name of the Municipal Court and signed by such deputy clerk as a * magistrate of said court, by which title he shall be known and referred to. BE IT FURTHER RESOLVED that the City Attorney do cause to be prepared an appropriate bill, or bills, to be presented to the General Assembly of Virginia for enactment of the aforesaid amendatory legislation, as an emergency measure, or measures; and BE IT FINALLY RESOLVED that copies of this resolution and of said bill, or bills, be transmitted to the City's representatives to the General Assembly, with request that the same be introduced and enacted as herein requested. APPROVED ATTE ST: Deputy City Clerk Mayor 152 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of December, 1971. ATTEST: No. 20009. AN ORDINANCE to amend and reordain Section =550, "Sewage Treatment Bond Funds," of the 1971-72 Sewage Treatment Fund Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~550, "Sewage Treatment Bond Funds," of the 1971-72 Sewage Treatment Fund Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SEWAGE TREATMENT BOND FUNDS ~550 Sewage Treatment Plant Expansion ........................... $500,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. A P P R 0 V E D Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of December, 1971. No. 20012. AN ORDINANCE authorizing and providing for lease by the City of property located at 534 Salem Avenue, S. W., in the City of Roanoke, from Forrest S. Williams and Jean B. Williams, to be used as a surplus commodities food center; upon certain terms and conditions; and providing for an emergency. WHEREAS, by report dated December 6, 1971, the City Manager recommended the relocation of the surplus commodities food center and the lease of the buildi~ and property at 534 Salem Avenue, S. W., for such purpose, in which recommendation Council concurred; and WHEREAS, by report dated December 28, 1971, the City Manager recommended that he be authorized to enter into a lease agreement with the owners of property at 534 Salem Avenue, S. W., for use as a surplus commodities food center, in which recommendation Council concurs; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized to enter into written lease agreement on behalf of the City with Forrest S. Williams and Jean B. Williams for lease by the City of that certain building and property located at 534 Salem Avenue, S.W., in the City of Roanoke, for use as a surplus commodities food center for a one- year term commencing January 1, 1972, at a montly rental of $450.00, providing for automatic year to year renewal of such lease if neither party exercises a reserved option to terminate said lease on December 31st of any year by giving to the other party written notice of such termination no later than October 31st of such year; no such renewal of said lease to extend, in any event, beyond December 31, 1976; such lease to be, otherwise, upon such form as is prepared and approved by the City Attorney. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in effect from its passage. ATTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of December, 1971. No. 20013. AN ORDINANCE to amend and reordain Section ~93, "Temporary Loans," and Section =95, "Interest on Indebtedness," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~93, "Temporary Loans," and Section ~95, "Interest on Indebtedness," of the 1971-72 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: TEMPORARY LOANS ~93 Temporary Loans (1) ...................... $ 3,500,000.00 (1) Net increase ............. $2,000,000.00 INTEREST ON INDEBTEDNESS ~95 Interest on Temporary Loans (1) ................................ $ 30,700.00 (1) Net increase ......... $24,500.00 154 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTE ST: ~ Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of December, 1971. No. 20014. A RESOLUTION offering to amend the City's contract of September 28, 1954, with the County of Roanoke, relative to the transmission and treatment of certain sewage and acceptable wastes, by adding thereto a certain 12.855-acre area of la~, situate east of Bandy Road, (Va. State Route 666), in Roanoke County, owned by Garden Development Corporation, upon certain terms and provisions. WHEREAS, the Board of Supervisors of Roanoke County, did, by resolution adopted May 27, 1970, request the City to accept sewage and wastes originating in a certain 12.855-acre area of Roanoke County hereinafter described, proposing that such sewage and wastes be transmitted and treated by the City subject to the terms and conditions of the contract of September 28, 1954, between the parties, as revised by this Council's Resolution No. 17803; which said proposal was duly referred to a committee of the Council and to the City Manager, who has made report to the Council under date of December' 20, 1971; and ~HEREhS, said City Manager has recommended that the City offer to trans- mit and treat the sewage and acceptable wastes from said new area under the general terms and provisions of the existing contract of September 28, 1954, be- tween the City and said County, provided said County agrees to pay to the City for transmitting and treating the sewage and wastes from said new area a charge to be determined by the formula hereinafter provided, such charge from said new area to be adjusted annually on the basis of such formula. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said City doth hereby offer to accept for transmission and treatment acceptable domestic and commercial wastes from the followin9 described area of Roanoke County, situate east of Bandy Road, (Va. State Route'666); ViZ.~ 12.855 Acres, more or less, (Property of Garden Development Corporation) BEGINNING at a point on the southerly line of Lot 3, Block 6, Map of Section No. 1, Hampden Hills, of record in the Clerk's Office of the Circuit Court for Roanoke County, Virginia, in Plat 8ook 7, Page 37, and at the northeast corner of the Edward Lo Robtison property. Thence with the southerly line of Block 6, Section No. 1, Hampden Hills, N. 54o 37' 30" E., 159.11 feet to the southwest corner of Pebble Drive at its southerly terminus; thence crossing Pebble Drive at its southerly terminus and with the south line of Block 5, S. 790 35' 30" E., 296.95 feet to a point; thence with the southerly line of Irene W. Robertson property S. 790 58' 30" E., 463.14 feet to a point; thence leaving the Robertson property and with the centerline of Forest Road (20 feet wide) S. 3° 44' E., 587.56 feet to a point; thence leaving the centerline of Forest Road and with the northerly and westerly line of the storage and well lot N. 80o 35' W., 275.00 feet to a point; thence S. 3o 44' E., 102.00 feet to a point; thence with the northerly line of the property of Mae Estel Self N. 80035' W., 369.70 feet to a point; thence with the easterly and northerly line of the property of J. W. Snead N. 4° 12' W., 118.23 feet to a point; thence N. 870 38' W., 188.72 feet to a point; thence N. 10o 08' 30" W., 506.98 feet to the PLACE OF BEGINNING, contain- ing 12.855 acres and being shown on plat prepared by Raymond C. Weeks, Certified Land Surveyor, dated December 8, 1969, to which reference is made for further details; there to be provided by said County adequate metering facilities for measuring the quantity of wastes delivered to the City from said area, and the rate of charge to be made by the City for accepting and treating wastes from such area tO be determined by application of the following formula: Rate of Charge per million gallons of wastes General expense including de- preciation and interest on indebtedness X percentage increment Total sewage flow in millions of gallons DEFINITIONS: General ExPense - Actual cost of operation and maintenance of the sewage treatment and interceptor facilities, including the following items of cost: personal services, stationery and office supplies, postage, telephone and telegraph, insurance and bond premiums, automotive, travel, supplies, materials, fuel, elec- tricity, water, repairs, Workmen's Compensation Insurance premiums, management, engineering, legal, treasury, accounting, billing, employees' retirement, hospitalization and Social Security as paid by City and miscellaneous expenses. Depreciation - The depreciation on the existing facilities, including interceptors, pumping stations and treatment plant shall be determined annually and applied in the formula. Intere$~ - Interest payments determined annually on indebtedness, both long-term and short-term, on existing and in-use facilities, including interceptors, pumping stations and treatment plant. Percentage Increment - General expense, depreciation and interest on indebtedness shall be determined for the preceding year to the year of billing. This total as used in any year and computed from the preceding year shall be increased or decreased by a percentage determined as the average of the percentage of increase or decrease of such total from year to year over the preceding five years in- elusive of the year immediately preceding the year in which the determined rate is to apply. Total Sewaqe F10W- The total input of sewage from all sources to the sewage treatment plant of the City; which said rate of charge for the year ending June 30, 1972, would result in a current charge of $76.75 per million gallons, but which rate, for the purpose of this resolution shall be redetermined and adjusted in accordance with the foregoing formula as of July 1, 1972, and annually thereafter during the term of the aforesai( contract of September 28, 1954; all other terms and provisions of the aforesaid contract to be made applicable to the transmission and .treatment of wastes from said new area. BE IT FURTHER RESOLVED that the City Clerk do forthwith transmit an attested copy of this resolution to the Honorable Chairman of the Board of Supervisors of Roanoke County; and be it further provided that upon adoption by said Board of Supervisors of a resolution approving and accepting the City's offer herein contained upon the terms herein set out, the aforesaid contract between the City of Roanoke and the County of Roanoke dated September 28, 1954, shall be amended to the extent provided herein as to the aforesaid new 12'.855-acre area. APPROVED ATTEST: Deputy City Clerk Mayor 'IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of December, 1971. No. 20015. AN ORDINANCE authorizing and providing for an amendment to the City's concession agreement dated June 26, 1969, with ITT Consumer Services Corporation for the operation of the City's automobile parking lot at Roanoke Municipal Airport in Roanoke County, relating to the guaranteed fees payable to the City for such concession privileges; and providing for an emergency. WHEREAS, by Ordinance No. 18721, adopted May 26, 1969, the Council accepted the written proposal of ITT Consumer Services Corporation for operating under concession agreement for a term of five years the City's automobile parking lot at Roanoke Municipal Airport, upon consideration of certain guaranteed monthly fees payable to the City; and WHEREAS, it appearing to the Council that certain errors of fact, in part attributable to the City, caused said corporation in making its bid to miscalculate the gross income reasonably estimated to be generated from the operation of said concession, and said corporation has requested, by written proposal dated November 30, 1971, that the concession agreement dated June 26, 1969, be amended so as to liminate therein provision for guaranteed monthly fees due the City for the remaind f the term of said concession agreement, the consideration for such concession ~rivileges to be hereafter based upon certain percentages of monthly gross receipts 157 ATTE ST: as originally fixed and established, said corporation having further offered to install, at its sole expense, an automatic entry device at that portion of the subject premises known as the employee's parking lot, as well as to furnish all necessary identification cards and decals for use therein, in which proposal, recommended by the City Manager, the Council concurs; and WHEREAS, it is necessary for the usual daily operation of the municipal government, that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the proposal of ITT Consumer Services Corporation to modify and amend the concession agreement dated June 26, 1969, ~etween the City and said corporation for the operation of the City's automobile parking lot at Roanoke Municipal Airport in Roanoke County, Virginia, be, and is hereby ACCEPTED, insofar as to provide, effective as of December 1, 1971, for elimination from said agreement of the con- cessionaire's duty to guarantee and pay to the City certain guaranteed monthly fees set out in paragraphs (c) , (d) and (e) of said agreement, the consideration for the privilege of operating said concession to be, upon and after December 1, 1971, the percentages of monthly gross receipts stated in said paragraphs of said agreement for the remainder of the term thereof; and said agreement is further directed to be amended by said corporation's agreeing to furnish, as soon as is practicable, an automatic entry device at the gate of that portion of the subject premises known as the employees' parking lot, as well as to furnish all necessary identification cards and decals for use in said lot, all other terms and conditions of such concession agreement to remain in full force and effect; and the City Uanager and City Clerk are hereby authorized and directed to execute and to seal and attest, respectively, on behalf of the City, an addendum to said concession agreement dated June 26, 1969, approved as to form by the City Attorney. BE IT FURTHER ORDAINED that an emergency existing this ordinance shall be in force and effect upon its passage. A P P R 0 V E D Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of December, 1971. No. 20016. AN ORDINANCE amending Ordinance No. 19751, heretofore adopted on June 28, 1971, providing a System of Pay Rates and Ranges and a new Pay Plan, by adding to said Pay Plan a new position of employment; and providing for an emergency. 1'58 WHEREAS, the City Manager having recommended to the Council the change to the City's Pay Plan hereinafter authorized to be made, in order to make pro- vision for an additional position of Planning Technician in the Department of City Planning, and the Council having concurred in said City Manager's recommenda- tion; and WHEREAS, for the usual daily operation of the municipal government, an emergency is declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Ordinance No. 19751, heretofore adopted on the 28th day of June, 1971, providing a System of Pay Rates and Ranges and a new Pay Plan for the employees of the City, be and the same is hereby amended by the addition to the aforesaid Pay Plan, in an appropriate place, of the following described position of employment, such addition to be made in the following words and figures, to-wit: Classification Planning Technician Cpde 2105 Work Range Week No. 40 19 Steps in Monthly Amounts 1 2 3 4 5 6 $610 $642 $674 $708 $744 $780 BE IT FURTHER ORDAINED, that an emergency existing, this ordinance shall be in force and effect retroactive to December 16, 1971. ATTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of December, 1971. No. 20017. A RESOLUTION expressing Council's approval for certain staffing changes in the structure of the City's Fire Department for the purpose of overcoming certai] personnel operating deficiencies within the department. WHEREAS, the City Manager, in report to the Council dated December 20, 1971, has proposed certain staffing changes in the City's Fire Department includi~ the discontinuance of the Kelly day system of work assignment brought about in said department in 1949; said staffing changes to include the hiring of 22 additional fire fighters by the City; and WHEREAS, the Council is of opinion that the staffing changes proposed in said report should be adopted immediately in order to overcome certain personnel operating deficiencies within said department. 15':I THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the staffing changes proposed in the City Manager's report to Council dated December 20, 1971, including the discontinuance of the Kelly day system of work assignment and the hiring of 22 additional fire fighters, be adopted, in order to overcome certain personnel operating deficiencies within said department. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of December, 1971. No. 20018. A RESOLUTION establishing Monday, January 3, 1972, as a legal holiday for the current year only. WHEREAS, New Year's Day, 1972 falls on Saturday and, accordingly, if th following Monday is made a legal holiday, many of the employees of the City would be afforded a holiday from their normal duties not presently provided for, and those other regular employees of the City whose duties necessarily require them to work on that day would, by appropriate arrangement of their respective department heads, be similarly allowed, on some other day, eight (8) hours time off as an equivalent holiday. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that, for the calendar year 1972 only, Monday, January 3, 1972, shall be observed as a legal holiday for all departments and offices of the Roanoke municipal government, except as may be otherwise provided by law, and except as to such members of the )olice, fire and other departments of the City who are, by the nature of their iuties, required to work on that day and, for such other regular employees, the City Manager shall arrange through respective department heads that each such other employee shall receive eitht (8~ hours equivalent time off during the calendar year 1972. TTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of December, 1971. No. 20019. A RESOLUTION changing the date of a regular weekly meeting of the Council of the City of Roanoke. BE IT RESOLVED by the Council of the City of Roanoke that the regular meeting of the Council provided to be held on January 3, 1972, at 2:00 o'clock, P. M., be, and is hereby changed so that the weekly meeting of the City Council for the week of January 2, 1972, be held, instead, on the 4th day of January, 1972, at 2:00 o'clock, P. M., in the Council Chambers on the fourth floor of the Municipal Building. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of January, 1972. No. 20010. AN ORDINANCE authorizing and providing far the lease by the City of the former Harrison Elementary School site to Total Action Against Poverty in Roanoke Valley; upon certain terms and conditions. WHEREAS, by report dated December 28, 1971, the City Manager has recom- mended that the City lease to Total Action Against Poverty in Roanoke Valley the former Harrison Elementary School site to be used as a Day Care Center upon the terms hereinafter provided, in which recommendation Council concurs. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized to enter into written lease agreement on behalf of the City with Total Action Against Poverty in Roanoke Valley, leasing to said organization certain area in the former Harrison Elementary School building to be used for a Day Care Center, including the kitchen, rest rooms and playgrounds, between the hours of 6:00 a.m. and 6:00 p.m., Monday through Friday, for a term of one year commencing on January 1, 1972, the fair rental value of said premises to be waived by the City as a charitable donation, the City reserv- ing the right to use the building at all other times during the term of such lease; such lease to contain such other reasonalbe terms and provisions as may be required by the City Manager and to be, otherwise, upon such form as is prepared and approved by the City Attorney. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, The 4th day of January, 1972. VIRGINIA, No. 20011. AN ORDINANCE authorizing the execution of a memorandum of understandin9 with the 316th Tactical Airlift Wing, Langley AFB, Virginia, relating to certain use of the Roanoke Municipal Airport in event of national emergency. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized and empowered, for and on behalf of the City, to execute and enter into a certain memorandum agreement, entitled Letter of Agreement, effective for a period of five (5) years commencing January 1, 1972, with the 316th Tactical Airlift Wing, at Langley AFB, Virginia, providing for said unit's use of certain of the facilties at Roanoke Municipal Airport in the event of national emergency, reimbursement to the City for actual services rendered to be provided by subsequent separate service contract; such agreement to be on form submitted by said unit, a copy of which is on file in the Office of the City Clerk. ATTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of January, 1972. No. 20022. A RESOLUTION providing for the appointment of five (5) freeholders, any three (3) of whom may act, as viewers in connection with the application or petition of the East Gate Church of the Nazarene to permanently vacate, discontinuei and close a certain alley 12 feet wide running from Kessler Road to East Gate Avenue between 20th Street and 21st Street, N. E., and a certain alley 12 feet wide runnin9 from 20th Street to 21st Street, N. E., between Kessler Road and East Gate Avenue, bein9 all of the alleys shown in Block 7 of the Map of East Gate Addition to the City of Roanoke, Virginia, recorded in Deed Book 126, page 453, in the Clerk's Office of the Circuit Court of Roanoke, Virginia. WHEREAS, it appearing to the Council of the City of Roanoke, Virginia, upon the petition of the East Gate Church of the Nazarene that said petitioner did duly and legally publish, as required by Section 15.1-364 of the Code of Virginia as amended to date, a notice of its application to this Council to vacate, discon- tinue and close the aforesaid alleys, the publication of which was had by duly posting a copy 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 appearing to the Council.that more than ten (10) days have elapsed since the publication of the hereinabove described notice of application, and the Council having considered the petition of the East Gate Church of the Nazarene to vacate said alleys, all as provided by Section 15.1-364 of the 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 alleys sought to be permanently vacated, discontinued and closed, and report in writing, as required by said Code section. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, Virginia that Messrs. Harry Whiteside, Jr., Dale Poe, R. R. Quick, C. F. Kefauver, and, Roy L. Mastin, Jr., any three of whom may act, be and they are hereby appointed as viewers to view the said alleys sought to be vacated, and to report in writing, as required by the aforesaid Code section, whether or not in their opinion any, and if any, what inconvenience would result from formally vacating said alleys. APPROVED ATTE ST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of January, 1972. No. 20023. A RESOLUTION relating to permanent vacation, discontinuance and closing of certain streets, avenues and alleys within the boundary of or bordering the Kimball Redevelopment Project VA R-46 of the City of Roanoke Redevelopment and Housing Authority as hereafter more fully described, appointing viewers in the )remises, and referring the proposed closing to the City Planning Commission. WHEREAS, the City of Roanoke Redevelopment and Housing Authority, the ~wner of the lands surrounding or abutting upon the hereinafter described streets and alleys and portions of streets, avenues and alleys, has duly posted notice, as required by Mw, as shown by the Affidavit of Roanoke City Dep. Sheriff L. E. Reynolds, more than ten (10) days prior to this date at the Courthouse of.the Hustings Court of the City of Roanoke and at two public places in the City of Roanoke, that it is petitioning that the following described portions of streets, avenues and alleys be permanently closed, vacated and discontinued, and has request- ed that the same be referred to the Planning Commission of the City of Roanoke for its recommendation, and that viewers to view said portions of said streets, avenues and alleys be appointed, and do report in writing whether, in their opinion, any, and if any, what inconvenience would result from discontinuing the same. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that whether or not the following portions of streets, avenues and alleys should be permanently closed, vacated and discontinued be referred to the Planning Commission of the City of Roanoke for its report to this Council in writing its recommendations in regard thereto, and that pursuant to the provisions of Section 15.1-364 of the Code of Virginia of 1950, as amended, Messrs. J. Tate McBroom, Dewey H. Marshall, Harry Whiteside, Jr., Dale Poe and R. R. Quick are hereby appointed viewers to view the following described streets and alleys and portions of streets, avenues, and alleys, and to report in writing whether, in their opinion, any, and if any, what inconvenience would result from discontinuing the same, said streets, avenues and alleys and portions of said streets, avenues and alleys being described as follows: 1. All of a certain alley approximately 10 feet in width intersectin9 with the easterly side of 6th Street, N. E., 95 feet northerly from Rutherford Avenue and 94.01 feet southerly from Walker Avenue, and extending thence in an easterly direction parallel with Rutherford Avenue and Walker Avenue approximately 375 feet to the northwesterly line of Kimball Avenue. 2. All of a certain alley intersecting with the westerly side of 5th Street, N. E., ~ f~t southerly from Rutherford Avenue and 100 feet northerly from Harrison Avenue, thence extending in a westerly direction parallel with Rutherford Avenue and Harrison Avenue a distance of approximately 425 feet to the property line of Roanoke Auto Spring Works, Inc. 3. All of a certain alley intersecting with the easterly side of 5th Street, N. E., 95 feet southerly from Rutherford Avenue and 100 feet northerly from Harrison Avenue and extending thence in an easterly direction parallel with said streets a distance of 250 feet to the boundary line between Lots 211 and 212, Ward 4, Map of Roanoke Land and Improvement Company. 4. All of a certain alley approximately l0 feet in width intersectin9 with the westerly side of 6th Street, N. E., equi-distant between Rutherford Avenue and Harrison Avenue, N. E., extending thence in a westerly direction a distance of approximately 100 feet to the boundary line between Lots 212 and 213, Ward 4, Map of Roanoke Land and Improvement Company. 5. All of a certain alley approximately l0 feet, in width intersecting with the easterly side of 5th Street, N. E., 95 feet more or less northerly from Gilmer Avenue and 15.8 feet more or less southerly from Kimball Avenue, and extending thence in an easterly direction 200 feet more or less to the dividin9 line between Lots 96 and 97, Ward 4, Map of Roanoke Land and Improvement Company. 6. All of a certain alley intersecting with the easterly side of 6th Street, N. E., 97 feet more or less southerly from Eastport Avenue and 90 feet more or less northerly from Gilmer Avenue and extending thence in an easterly direction approximately 161.5 feet to the northwesterly side of Shenandoah Avenue. 7. All of the area of 5th Street, N. E., lying between the intersection of 5th Street with the southerly line of Walker Avenue, N. E., on the north and the intersection of 5th Street and the northerly line of Rutherford Avenue, N. E., on the south; and all of the area of 5th Street, N. E., lying between the intersection of 5th Street with the southerly line of Rutherford Avenue, N. E., on the north and a line projected at right angles across 5th Street from a point on the easterly side of 5th Street, 183.27 feet south of the southerly line of Gilmer Avenue, N. E., on the south. 8. All of the area of 6th Street, N. E. lying between the intersection of 6th Street with the southerly line of Walker Avenue, N. E., on the north and the intersection of 6th Street with the northerly line of Rutherford Avenue, N. E. on the south. 9. All of the area of 6th Street, N. E., lying between the intersection of 6th Street with the southerly line of Rutherford Avenue, N. E., on the north and the intersection : of 6th Street with the northerly line of Gilmer Avenue, N. E., on the south. 10. All that area comprising the easterly one-half of 4th Street, N. E., lying between the northerly line of Harrison Avenue, N. E., on the north and the northerly line of Patton Avenue, N. E., on the south, the easterly one-half of 4th Street to be closed being approximately 25 feet in width. 11. All of the area of Harrison Avenue, N. E., lying between the intersection of Harrison Avenue with the centerline of 4th Street, N. E., on the west and the intersection of Harrison Avenue with the easterly line of 6th Street, N. E., on the east. 12. Ail of the area of Patton Avenue, N. E. lying between the intersection of Patton Avenue with the easterly line of 4th Street, N. E., on the west and the intersection of Patton Avenue with the easterly line of Shenandoah Avenue, N. E., on. the east. 13. All of the area of Eastport Avenue, N. E. lying between the intersection of EastPort Avenue with the easterly line of 4th Street, N. E. on the west and the intersection of Eastport Avenue with the northwesterly line of Sienandoah Avenue, N,E. on the east. 14. All of the area of Gilmer Avenue, N. E., lying between the intersection of Gilmer Avenue with the easterly line of 4th Street, N. E., on the west and a line projected at right angles across Gilmer Avenue located 90 feet easterly from the easterly line of 5th Street, N. E., on the east. 15. All of the area of Wells Avenue, N. E., lying between the intersection of Wells Avenue with the easterly line of 4th Street, N. E., on the west and the intersection of Wells Avenue with the westerly line of Sth Street, N. E., on the east. 16. All of the area of Kimball Avenue, N. E., lying between the intersection of Kimball Avenue with the northerly line of Wells Avenue, N. E., on the south and the intersection of Kimball Avenue with the easterly line of 6th Street, N. E., on the northeast. 17. All of the area of Shenandoah Avenue, N. E., lying between the intersection of Shenandoah Avenue with the northerly line of Patton Avenue, N. E., on the north and a line projected at right angles across Shenandoah Avenue from a point constituting the intersection of the northwesterly line of Shenandoah Avenue and the northerly line of Gilmer Avenue, N. E., on the southwest. 18. All of the area located within the following intersections of the above mentioned streets: Intersections of Harrison Avenue with 4th Street to the centerline of 4th Street; Harrison Avenue with 5th Street; Harrison Avenue with 6th Street; Patton Avenue with 5th Street; Patton Avenue with Kimball Avenue; Patton Avenue with 6th Street; Patton Avenue with Shenandoah Avenue; Eastport Avenue with 5th Street; Eastport Avenue with Kimball Avenue; Eastport Avenue with 6th Street; Gilmer Avenue with Kimball Avenue; Gilmer Avenue with 5~h Street. Ail of the foregoing descriptions being according to Tax Appraisal Maps No. 301 and 302 of record in the City Engineer's Office of the City of Roanoke. The portion of Shenandoah Avenue above described is bounded on the southeast and east by property of the Norfolk and Western Railway Company; a part of Patton Avenue above described is bounded on the north by property of Roanoke Gas Company; and 4th Street, N. E., and the westerly terminus of alley No. 2 above described are bounded on the west by property of Roanoke Spring Works, Inc. Otherwise, the property on both sides of the streets and alleys above described is owned by the City of Roanoke Redevelopment and Housing Authority. APPROVED ATTEST: Deputy City Clerk Mayor 165 IN THE COUNCIL OF THE CITY OF ROANOKE,'VIRGINIA, The 4th day of January, 1972. No. 20024. AN ORDINANCE to amend and reordain Section ~27, "Juvenile Detention Home, of the 1971-72 Appropriation Ordinance, and providin9 for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~27, "Juvenile Detention Home," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: JUVENILE DETENTION HOME ~27 Other Equipment -New (1) (2) .............. $ 2,441.50 (1) Net increase ......... $2,171.50 Ice makin9 machine--$ 800.00 Ten horsepower mower-l,100.O0 Twelve mattresses .... 271.50 (2)To be 100% reimbursable by Commonwealth BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTE ST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of January, 1972. No. 20025. AN ORDINANCE to amend and reordain Section =91, "Non - Departmental," of the 1971-72 Appropriation Ordinance, and providin9 for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~91, "Non - Departmental," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: NON-DEPARTMENTAL ~91 Roanoke Chapter SPCA ...................... $ 3,000.00 i66 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of January, 1972. .No. 20027. A RESOLUTION concurring in an alternative proposal of the City Manager for providing night lighting for the .recreational area at the Preston Park Elementary School. WHEREAS, the City Manager in report made to the Council dated December 28, 1971, proposed three alternative plans for providing lighting for the recrea- tional area at the Preston Park Elementary School of which, the Council, con- sidering the report, has decided upon that plan described as "C" in said report, which would provide lighting for a combination football field and baseball diamond; and WHEREAS, the Council is appropriating contemporaneously herewith the sum of $8,375.00 to provide for payment of the costs of the lighting units recommended by the City Manager as necessary for said purpose, the costs of the labor necessarily involved in the provision of such lighting having been hereto- fore appropriated for regularly employed personnel of the City. THEREFORE, BE IT RESOLVED by the Council of the City of RoanOke that said Council doth approve and doth hereby authorize and direct the City Manager to implement and cause to be provided at the recreational area or facility of the Preston Park Elementary School the night lighting system described and reported as system "C" in the City Manager's report to the Council dated December 28, 1971, providing for combination football field and baseball diamond lighting involving the installation of one hundred lighting units at a unit cost of $83.75, each, a total of $8,375.00; the cost of labor involved by City personnel in provision of such lighting improvements to be paid out of funds heretofore appropriated by the Council for the purpose; the City Manager being requested, however, to minimize the overall cost of the aforesaid.work.to.~e~greatest extent reasonably practicable, by utilization of all useable reflectors and other lighting fixtures presently installed at the Wasena Transportation Museum not needed at said last- mentioned facility. ATTEST: Deputy City Clerk APPROVED' Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of January, 1972. No. 20028. AN ORDINANCE to amend and reordain Section =64, "Maintenance of City Property," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =64, "Maintenance of City Property," of the 1971-72 Appropriation Ordinance be, and the same is hereby, amended and reordained to read as follows, in part: MAINTENANCE OF CITY PROPERTY =64 Maintenance of Buildings and Property (1) .......................... $ 150,590.00 (1) Net increase ---$8,375.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of January, 1972. No. 20029. AN ORDINANCE amending and reordaining Sec. 5., of Chapter 2. City Physi- cian, of Title X, Public Welfare, of the Code of the City of Roanoke, 1956, as amended, by providing for the appointment by the City Manager, with the approval of the Council, of a physician or group of physicians to render medical and surgical attention to persons commited to the city jail; and providing for the effective date of this ordinance; and providing for an emergency. WHEREAS, the City Manager, in report to Council dated December 20, 1971, recommended that certain revisions be made in the City Code so as to provide authority by which the City Manager, with the approval of Council, may appoint a physician or group of physicians, other than the City Physician, to render medical and surgical attention to persons committed to the city jail, in which recommenda- tion the Council concurs; and WHEREAS, for the usual daily operation of the Municipal Government an emergency is hereby set forth and declared to exist in order that this ordinance take effect upon the date hereinafter set out. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec. 5. Same-Duties, of Chapter 2, City Physician, of Title X, Public Welfare, of the Code of the City of Roanoke, 1956, as amended, be amended and reordained to read and provide as follows: Sec. 5. Same-Duties. It shall be the duty of the city physician to render medical or surgical aid to all inmates of the City Home and other indigent residents of the city who may need such aid and for whom such aid may from time to time be provided by the council; to make physical examinations of all employees of the city who by ordinance or resolution are required to submit to physical examinations; to render medical or surgical attefition to city employees in all workmen compensation cases assigned him by the city manager; to render needed medical or surgical attention to city prisoners; and to perform such other duties as may be required of him by the council or city manager; provided, however, that the city manager, with the approval of the Council, may appoint some other physician or group of physicians, incorporated or otherwise, to render, under contract with the city, the aforesaid medical or surgical attention to persons committed to the city jail. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in full force and effect retroactive to January 1, 1972. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of January, 1972. No. 20020. AN ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, and Sheet No. 206, Sectional 1966 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have property described as acreage on Greenhurst Avenue, N. W., Official Tax Number 2060825, Watts Land Map rezoned from RD, Duplex Residential District, to RG-1, General Residential District; and WHEREAS, the City Planning Commission has recommended that the herein- after described land be rezoned from RD, Duplex Residential District, to RG-1, General Residential District; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 71, Chapter 4.1, Title XV, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, have been published and posted as required and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the 3rd day of January, 1972, at 2 p.m., before the Council of the City of Roanoke, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the evidence as herein provid- ed, is of the opinion that the hereinafter described land should be rezoned. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, and Sheet No. 206 of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz.: Property located on Greenhurst Avenue, N. W., described as acreage, designated on Sheet 206 of the Sectional 1966 Zone Map, City of Roanoke, as Offic~i Tax No. 2060825, Watts Land Map, be, and is hereby, changed from RD, Duplex Residential District, to RG-1, General Residential District, and that Sheet No.. 206 of the aforesaid map be changed in this respect. APPROVED ATTE ST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of January, 1972. No. 20021. AN ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of the Code of the City of Roanoke, 1956, as amended, and Sheet No. 144, Sectional 1966 Zone Map, City of Roanoke, in relation to Zoning. .70 WHEREAS, application has been made to the Council of the City of Roanoke, to have the property located on the southwest corner of Windsor Avenue and Grandin Road, S. W., in the City of Roanoke, State of Virginia, more particularly des- cribed as follows: BEGINNING at the southwest corner of Grandin Road and Windsor hvenue; thence with Grandin Road S. 400 28' W. 100 feet to a point; thence N. 59° 57' W. 207.30 feet to a point; thence N. 390 0' 19" E. 65.3 feet to Windsor Avenue; thence with Windsor Avenue S. 680 54' E. 218 feet to the Beginning, and known as Lot 1, according to survey made for T. W. Fugate, map of which is recorded in the Clerk's Office, Circuit Court of Roanoke County, Virginia; and BEING Roanoke City Official ~1440606. rezoned from RG-1, General Residential District, to C-l, Office and Institutional District; and WHEREAS, the City Planning Commission has recommended that the herein- after described land be rezoned from RG-1, General Residential District, to C-l, Office and Institutional District; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 71, Chapter 4.1, Title XV, of The Code of t~ City of Roanoke, 1956, as amended, relating to Zoning, have been published and posted as required and £or the time provided by said section; and ~HEREAS, the hearing as provided for in said notice Was held on the 3rd day of January, 1972, at 2 p.m., before the Council of the City of Roanoke, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and againSt the proposed rezoning; and WHEREAS, this Council, after considering the evidence as herein provided, is of the opinion that the hereinafter described land should be rezoned. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, and Sheet No. 144, of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz.: Property located on the southwest corner of Windsor Avenue and Grandin Road, S. W., in the City of Roanoke, described as Lot 1, T. W. Fugate Map, desig- nated on Sheet No. 144 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax No. 1440606, be, and is hereby, changed from RG-1, General Residential Districi to C-l, Office and Institutional District, and that Sheet No. 144 of the aforesaid map be changed in this respect. ATTE ST: APPROVED Deputy City Clerk Mayor 17'1 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of January, 1972. No. 20026. AN ORDINANCE accepting bids for certain concession privileges to be ,exercised on certain City-owned properties; directing the execution of requisite contracts therefor; and rejecting all other bids made for the award of said privileges. WHEREAS, on December 21, 1971, and after due and proper advertisement had been made therefor certain bids for certain concession privileges to be exercised on certain City-owned properties were opened in the office of the City's Purchasing Agent by three members of a committee appointed for the purpose, and thereafter were tabulated and studied by the committee which has made written report and recommendation to the Council through the City Manager; and WHEREAS, the City Manager concurs in the committee's report and has directed the same to Council recommending award of the concession privileges as hereinafter provided; and the Council considering all the same, has determined that the bids hereinafter accepted are the highest and best bids meeting the City's specifications made for the award of such privileges, and should be accepted THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the following bids or proposals for the following specified concession privileges, as said bids and proposals were opened and read before the committee at its meeting on December 21, 1971, and are now on file in the Office of the City Clerk, ~, and they are hereby ACCEPTED, viz: BIDDER Dalton's Concessionaire Stone Enterprises C. B. Clemmer Reese C. Shanks ~ Harold A. Francisco CONCESSION LOCATION Food Concessions at Children's Zoo ~asena Park Carvins Cove Area National Guard Armory AMOUNT PAYABLE TO CITY $ 3,200.00 per year $ 200.00 per year $ 200.00 per year $ 50.00 per year and the City Manager be, and is hereby authorized and directed, for and on behalf of the City, to execute requisite contracts with each of the aforesaid bidders respectin9 the concessing privileges to be exercised by each said bidder, such contracts to be made upon such form as is approved by the City Attorney. BE IT FURTHER ORDAINED that all other bids received by the City for the award of the aforesaid concession privileges be, and said other bids are REJECTED; the City Clerk to so notify each said other bidder and to express to each bidder the City's appreciation for the submission of the respective proposals. ATTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of January, 1972. No. 20031. AN ORDINANCE to amend and reordain Section ~85, "Electoral Board," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, forthe usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, that Section =85, "Electoral Board," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: ELECTORAL BOARD ~85 Printing g Office Supplies (1) ........... $ 3,500.00 Extra Help (2) ........................... 9,500.00 (1) Net decrease ................. $2,500.00 (2) Net increase-- 2,500.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passa9e. ATTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of January, 1972. No. 20032. h RESOLUTION approving the Redevelopment Plan for the Gainsboro Neigh- borhood Development Program, Program No. VA. A-6. WHEREAS, under the provisions of Title I of the Housing Act of 1949, as amended, the Secretary of Housing and Urban Development is authorized to provide financial assistance to Local Public Agencies for undertaking and carrying out Neighborhood Development Programs; and WHEREAS, it is provided in such Act that contracts for financial aid thereunder shall require that the Redevelopment Plan for the respective urban renewal area comprising the Neighborhood Development Program be approved by the Council of the City of Roanoke in which the area is situated and that such approval include findings, by the Council that: 173 (1) the financial aid to be provided in the contract is necessary to enable the Program to be undertaken in accordance with the Redevelopment Plan; (2) the Redevelopment Plan will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the rehabilitation or redevelop- ment of the urban renewal area by private enterprise; (3) the Redevelopment Plan conforms to a 9eneral plan for the develop- ment of the locality as a whole; and (4) the Redevelopment Plan 9ives due consideration to the provision of adequate park and recreational ar~s and facilities, as may be desirable for neighborhood improvement, with special consideration for the health, safety, and welfare of children residin9 in the 9eneral vicinity of the site covered by the Plan; and WHEREAS, it is desirable and in the public interest that the City of Roanoke Redevelopment and Housin9 Authority undertake and carry out the Neighbor- hood Development Program identified as "Gainsboro Neighborhood Development Plan, Program No. HA. A-6" and encompassin9 the area bounded as follows: Beginnin9 at a point at the intersection of Fifth Street, N. W., with Orange Avenue; thence easterly alon9 the centerline of Orange Avenue to the right-of-way line of Interstate 581; thence southerly alon9 said right-of-way line to the western right-of-way line of Williamson Road; thence southerly alon9 said right-of-way line to the Norfolk and Western Railway right-of-way; thence westerly alon9 said right-of-way to the western right-of-way line of Fifth Street; thence northerly alon9 said right-of-way line to the point of Beginnin9, in the City of Roanoke, State of Hirginia; and WHEREAS, the Authority has applied for financial assistance under such Act and proposes to enter into a contract or contracts with the Department of Housin9 and Urban Development for the undertakin9 of, and for makin§ available financial assistance for, the Program; and WHEREAS, the Authority has made studies of the location, physical con- dition of structures; land use; environmental influences, and social, cultural, and economic conditions of the urban renewal area comprisin9 the Program and has determined that the area is a blighted, deteriorated or deterioratin9 area and that it is detrimental and a menace to the safety, health, and welfare of the inhabi- tants and users thereof and of the City at large, because of dilapidation, obsoles-! cence, overcrowding, faulty arrangement of design, lack of ventilation, light and sanitary facilities, excessive land coverage, deleterious land use or Obsolete street and lot layout, diverse ownership of land, or any combination of these or other factors, and the Council has been fully apprised by the Authority and are aware of these facts and conditions; and WHEREAS, there has been prepared and referred to the Council of the City of Roanoke for review and approval a Redevelopment Plan dated November 22, 1971 for the urban renewal area, and consistin9 of thirteen (13) pages and one (1) exhibit; and 174 WHEREAS, the Redevelopment Plan has been approved by the Commissioners of the City of Roanoke Redevelopment and Housing Authority, as evidenced by the copy o said Commissioners' duly certified resolution approving the Redevelopment Plan, which is attached thereto; and WHEREAS, a general plan has been prepared and is recognized and used as a guide for the general development of the City as a whole; and WHEREAS, the Department of City Planning, which is the duly designated and acting official planning body for the City, has submitted to the Council its report and recommendations respecting the Redevelopment Plan for the urban renewal area comprising the Program and has certified that the Redevelopment Plan conforms to the general plan for the City as a whole, and the Council has duly considered the report, recommendations, and certification of the planning body; and WHEREAS, it is necessary that the Council take appropriate official action respecting the Redevelopment Plan for the Program, in conformity with the contract for financial assistance between the Authority and the United States of America, acting by and through the Secretary of Housing and Urban Development; and WHEREAS, the Council is cognizant of the conditions that are imposed in the undertaking and carrying out of urban renewal activities and undertaking with Federal financial assistance under Title I, including those prohibiting discrimination because of race, color, creed, or national origin: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE: 1. That it is hereby found and determined that the urban renewal area comprising the Gainsboro Neighborhood Development Program, Program No. VA. A-6, is a blighted, deteriorated, or deteriorating area and qualifies as an eligible area under Section 36-1 through 36-55 of the 1950 Code of Virginia, as amended. 2. That the Redevelopment Plan for the said Program,having been duly reviewed and considered, is hereby approved, and the City Clerk be and is hereby directed to file said copy of the Redevelopment Plan with the minutes of this meeting. 3. That it is hereby found and determined that where clearance is proposed that the objectives of the Redevelopment Plan cannot be achieved through more extensive rehabilitation of portions of the urban renewal area comprising the Program.. 4. That it is hereby found and determined that the Redevelopment Plan for the Program conforms to the general plan of the locality. 5. That it is hereby found and determined that the financial aid to be provided pursuant to the contract for Federal financial assistance pertaining to the Program is necessary to enable the Program to be undertaken in accordance with the Redevelopment Plan for the area comprising the Program. 6. That it is hereby found and determined that the Redevelopment Plan for the urban renewal area comprising the Program will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the renewal 'of the area by private enterprise. 7. That it is hereby found and determined that the Redevelopment Plan for the said urban renewal area gives due consideration to the provision of ade- quate park and recreational areas and facilities, as 'may be desirable for neigh- borhood improvement, with special consideration for 'the health, safety, and welfare of children residing in the general vicinity of the site covered by the Plan. 8. That, in order to implement and facilitate the effectuation of the Redevelopment Plan hereby approved, it is found and determined that certain official action must be taken by this Council with reference, among other things, to changes in zoning, the vacating and removal of streets, alleys, and other public ways, the establishment of new street patterns, the location and relocation of sewer and water mains and other public facilities, and other public action, and, accordingly, this Council hereby (a) pledges its cooperation in helping to carry out the Redevelopment Plan, (b) requests the various officials, departments, boards and agencies of the City havin9 administrative responsibilities in the premises likewise to cooperate to such end and to exercise their respective functions and powers in a manner consistent with the Redevelopment Plan and (c) stands ready to consider to take appropriate action upon proposals and measures designated to effectuate the Redevelopment Plan. 9. That financial assistance under the provisions of Title I of the Housin9 Act of 1949, as amended, is necessary to enable the land in the area comprisin9 the Program to be renewed in accordance with the Redevelopment Plan for the Program, and accordingly, the proposed Program and the annual increment are approved and the City of Roanoke Redevelopment and Housing Authority is authorized to file an application for financial assistance under Title I. ATTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of January, 1972. No. 20033. AN ORDINANCE to amend and reordain Section ~77, "Civic Center," of the 1971-72 Appropriation Ordinance, and providing for an emergency. 176 ATTE ST: WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke.that Section ~77, "Civic Center," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CIVIC CENTER ~77 Utilities (1) ............................ $101,000.00 Maintenance of Machinery 5 Equipment (2) ........................... 6,000.00 Operatin9 Supplies 5 Materials (3) ........................... 18,000.00 (1) Net increase ................ $46,000.00 (2) Net increase ................ 3,000.00 (3) Net increase ................. 9,000.00 BE IT FURTHER, ORDAINED that an emergency existin9, this Ordinance shall be in effect from its passage. A P P R 0 V E D Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of January, 1972. No. 20034. AN ORDINANCE to amend and reordain Section ~22, "Commonwealth's Attorney, of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =22, "Commonwealth's Attorney," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: COMMONWEALTH'S ATTORNEY =22 Maintenance of Machinery & Equipment (1) ............................ $ 385.00 Office Furniture ~ Equipment - New (2) ...................... 3,325.00 (1) Net increase $ 225.00 (2) Net increase 3,325.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTE ST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of January, 1972. No. 20035· AN ORDINANCE to amend and reordain Section ~51, "Life Saving Crews," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~51, "Life Saving Crews," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: LIFE SAVING CREWS ~51 Fees for Professional and Special Services (1) ..................... $ 3,000.00 (1) Net increase --$3,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTE ST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of January, 1972. No. 20036. A RESOLUTION approvin9 certain action of the City Manager taken to meet the failure of a portion of the City's 24-inch Lick Run sanitary sewer line. WHEREAS, the City Manager has reported in writin9 to the Council on January 10, 1972 pursuant to the provisions of Sec 41 of the Roanoke Charter a ~.:'recent unexpected total failure and loss of an approximate 240-foot section of the iCity's 24-inch Lick Run sanitary sewer line, located in the immediate area of the ~i"Lick Run storm drain channel now being renovated and improved under contract let 'by the U. S. Army Corps of Engineers, which said failure, aside from its adverse ~effect on the City's sanitary sewer system and the down-stream public waters, might interrupt and delay the construction of said storm drain project; and WHEREAS, the City Manager has further advised the Council that, said emergency requirin9 immediate action, he has entered into certain contracts and agreements hereinafter mentioned providin9 for the employment of the necessary laborll and purchase of the necessary materials and supplies to replace the lost section of said sewer line, without previously advertising or receiving bids therefor; and ~HEREhS, the Council has this day appropriated funds sufficient to pay for the estimated cost of'the improvements so ordered or contracted for by the City Manager to replace the aforesaid sewer line, to-wit, the sum of $13,718.21. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council doth hereby approve, ratify and confirm the steps taken by the City Manager in the emergency requiring immediate action in order to replace an approxi- mate 240-foot section of the City's Lick Run sanitary sewer line in the Lick Run storm drain channel, as set out and contained in the report of the City Manager made to the Council January 10, 1972; and said Council doth hereby expressly approve each of the following: (a) The execution by the City Manager on behalf of the City of a contract dated December 30, 1971, with Hudgins and Pace, contractors, providing for said contractors furnishing of all of the necessary work, labor, equipment and machinery to immediately replace, with materials provided by the City at the job location, an approximate 240-foot section of the City's 24-inch Lick Run sanitary sewer line at the location and in the manner specified in said contract, said contractors to be compensated therefor by the City in the amounts and at the rates expressly set out in said contract, the aggregate sum of all such compensa- tion, however, not to exceed $10,068.21 without prior change order in writing by the City Manager; (b) The acquisition for the City, by purchase order or contract, of all pipe, mortar and other materials and supplies necessary for the use of said contractors in the replacement of the 'aforesaid sewer line, the aggregate cost of all said materials being estimated to amount to the sum of $3,650.00; and (c) The execution by the City Manager on behalf of the City of a letter agreement dated December 31, 1971, with Norfolk & Western Railway Compa~ pursuant to which permission is granted the City to enter upon property of said Company'for the purpose of replacing the aforesaid sewer line and whereby the City agrees to indemnify and save harmless said company from all negligent acts or omissions of the City in the premises, to furnish railroad protective liability insurance to said company, to reimburse said company for any and ali costs it may incur in connection with said work and providing, generally, for the manner in which such work shall be performed on said company's property, all of which is estimated to result in no additional cost to the City. BE IT FURTHER RESOLVED that, as provided by Charter, separate accounts be kept of all such foregoing work and expenditures, and that later report be made back to Council. APPROVED ATTE ST: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of January, 1972. No. 20037. AN ORDINANCE to amend and reordain Section ~67, "Sewer Maintenance," of the 1971-72 Appropriation Ordinance, and providin9 for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~67, "Sewer Maintenance," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SEWER MAINTENANCE ~67 Fees for Professional and Special Services (1) ................... $10,068.21 Operatin9 Supplies g Materials (2) .......................... 10,650.00 (1) Net increase ............... $10,068.21 (2) Net increase ....... 3,650.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of January, 1972. NO. 20038. AN ORDINANCE to amend and reordain Ordinance No. 19740, amendin9 Chapter 1, Current Taxes, Title VI, Taxation, of the Code of the City of Roanoke, 1956, as amended, by the addition of a new section to be numbered Section 5.1, requirin9 every person ownin9 taxable tangible personal property in the City of Roanoke to file a tangible personal property tax return with the Commissioner of Revenue on or before March 1 of each year; prescribin9 penalties for the failure to file timely return; and providin9 for an emergency. WHEREAS, for the usual daily operation of the municipal 9overnment an emergency is hereby set forth and declared to exist in order that this ordinance take effect at the time hereinafter provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Chapter 1, Current Ta~es, Title XI, Taxation, of the Code of the City of Roanoke, 1956, as amended by Ordinance No. 19740, adopted June 28, 1971, be amended to read and provide as follows: 180 Sec. 5.1. When annual tangible personal property return to be filed; penalties for failure to file; extensions. Every person owning any of the property mentioned in paragraphs (b), (c), (d), (e), (f), (h), (i) and (j) of section 1 of this chapter, except those classes of household goods and effects made expressly exempt 'from tax by said section, shall file a tangible personal property return with the commissioner of revenue on forms so prescribed on or before the first day of March of each year. Any person who fails to file such return on or before the first day of March of each year shall be assessed by the commissioner of revenue and shall pay a penalty of ten percent of the amount of tax assessable on such property, or the sum of two dollars, whichever is greater; provided, however, that the aforesaid penalty shall not be assessed against any. taxpayer who shall have filed with the commissioner of revenue no later than May 5th of such year a tangible personal property tax return accompanied'by'payment to the city treasurer of the full amount of the true tax assessable on all such tangible personal property. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in force and effect upon its passage. ATTEST: Deputy APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of January, 1972. No, 20039. A RESOLUTION amending Resolution No. 17865, establishing certain rules and regulations relating to the administration of overtime work by personnel in the City's classified service and to the compensation to be paid as overtime pay for authorized overtime work performed by such employees, by making special pro- vision as to employees in the Civic Center Department. WHEREAS, the operation of the Roanoke Civic Center represents an unusual function of the City, its hours of operation being controlled by and dependent upon the requirements of and its use by the public, and others, all of which neces sarily results in an irregularity of operating hours and work scheduling; and WHEREAS, because of the foregoing, the City Manager has recommended that special provisions be made, supersedin9 those contained in Resolution No. 17865, applicable to employees of the Civic Center Department in pay grades below Range 23, in which recommendation the Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Resolution No. 17865, adopted November 27, 1967, making certain rules and regula- tions relating to the administration of overtime work by personnel in the City's classified service and to their compensation for work performed for the City be, and said resolution is hereby amended by the addition of certain new provisions, to read and provide as follows, viz: Operation of the Roanoke Civic Center representing an unusual function and operation of the municipal govern- ment, the following special provisions, supersedin9 all foregoing inconsistent provisions, are made applicable to employees of the Civic Center Department in pay grades below Range 23, viz: 1. The provisions of paragraphs A, B, C, E, F, G, H. I, L, M and N of these regulations shall not be applicable to employees in the Civic Center Department; and all such employees shall be compensated for their services on the basis of straight time pay at the employee's fixed hourly rate. The provisions of paragraph K of these regulations shall be applicable, where appropriate, to employees in said depart- ment, except where inconsistent with this section. 2. In the administration of the Civic Center, effort shall be made to maintain all regularly employed personnel on a maximum and not more than a maximum of 40 hours work duty per week. 3. The provisions of section 0 of these regulations shall be effective as of and retroactive to January 1, 1972. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of January, 1972. No. 20040. AN ORDINANCE approving and authorizing the employment of Lewis Gale Clinic, Inc., of Roanoke, Virginia, to render medical and surgical attention to persons committed to the city jail, upon certain terms and provisions; providing for the effective date of this ordinance; and providing for an emergency. WHEREAS, the City Manager has recommended, in report to Council dated December 20, 1971, to the Council that Lewis Gale Clinic, Inc., of Roanoke, Virginia, be employed by the City to render medical and surgical attention to persons committed to the city jail; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect immediately upon its passage· 182 ATTE ST: THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that t~ City Manager be, and he is hereby authorized and empowered to employ for the City, by written agreement to be entered into on form approved by the City Attorney, the services of Lewis Gale Clinic, Inc., of Roanoke, Virginia to render medical and surgical attention to persons committed to the city jail, said firm to be compen- sated for such services at the rate of $300.00 per month. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in force and effect retroactive to January 1, 1972. APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of January, 1972. No. 20041. AN ORDINANCE to amend and reordain Section =10, ,City Auditor," of the 1971-72 hppropriation Ordinance, and providing for'an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~10, "City Auditor," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CITY AUDITOR ~10 Personal Services (1) ................. $199,972.00 (1) Net decrease ........ $3,120.00 Salary of City Auditor $17,508.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTE ST: V ~~ Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of January, 1972. No. 20030. AN ORDINANCE to amend Title XV, Chapter 4.1, Section 2 of The Code of the City of Roanoke, 1956, as amended, and Sheet No. 265, Sectional 1966 Zone Map, 18':' WHEREAS, application has been made to the Council of the City of Roanoke to have: BEGINNING at a point on the northerly side of Salem Turnpike, said point being common corner with the westerly line of the property owned by Fairview Cemetery Company, Inc.; thence leaving Salem Turnpike and with the line of Fairview Cemetery Company, Inc., property, N. 11° 19' W. approximately 1056.63 feet to a point on the line of the property conveyed by St. Andrews Cemetery to Nor-Mel Construction Co., Inc.; thence with the line of the property conveyed to Nor-Mel Construction Co., Inc., N. 790 53' W. 550 ft. to a point; thence with a new line through the property of St. Andrews Cemetery, S. 11° 19' W. approximately 1056.63 feet to a point on the northerly side of Salem Turnpike; thence with the northerly side of Salem Turnpike, approximately 550 ft. to the place of BEGINNING, containing approximately 13.33 acres, being a part of Official No. 2650105. rezoned from RD, Duplex Residential District, to RG-1, General Residential District; and WHEREAS, the City Planning Commission has recommended that the hereinafte described land be rezoned from RD, Duplex Residential District, to RG-1, General Residential District; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 71, Chapter 4.1, Title XV, o£ The Code o£ the City of Roanoke, 1956, as amended, relating to Zoning, have been published and posted as required and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the 20th day of December, 1971, at 2 p.m., before the Council of the City of Roanoke, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for a~ against the proposed rezoning; and WHEREAS, this Council after considering the evidence as herein provided, is of the opinion that the hereinafter described land should be rezoned. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, and Sheet No. 265, of the Sectional 1966 Zone Map, City o£ Roanoke, be amended in the following particular and no other, viz.: Property located on Salem Turnpike And described as follows: BEGINNING at a point on the northerly side of Salem Turnpike, said point being common corner with the westerly line of the property owned by Fairview Cemetery Company, Inc.; thence leaving Salem Turnpike and with the line of Fairview Cemetery Company, Inc. property, N. 11o 19' W. approximately 1056.63 feet to a point on the line of the property conv&yed by St. Andrews Cemetery to Nor-Mel Construction Co., Inc.; thence with the line of the property conveyed to Nor-Mel Construction Co., Inc., N. 79° 53' W. 550 ft. to a point; thence with a new line through the property of St. Andrews Cemetery, S. 11° 19' W. approximately 1056.63 feet to a point on the northerly side of Salem Turnpike; thence with the northerly side of Salem Turnpike, approximately 550 ft. to the place of BEGINNING, containing approximately 13.33 acres, being a part of Official No. 2650105. 184 designated on Sheet 265 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax No(s). (part of) 2650105, be, and is hereby, changed from RD, Duplex Residential District, to RG-1, General Residential District, and that Sheet No. 265 of the aforesaid map be changed in this respect. APPROVED ATTE ST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of January, 1972. No. 20042. AN ORDINANCE to amend and reordain Section =7000, "Maintenance of Plant," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section gTO00, "Maintenance of Plant," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: MAINTENANCE OF PLANT =7000 Maintenance of Instructional and Office Equipment (1) ............. $59,149.96 (1) Net increase .... $547.96 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of January, 1972. No. 20043. AN ORDINANCE to amend and reordain Section ~8, "Treasurer," of the 1971- 72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of 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 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TREASURER ~8 Personal Services (1) ................ $53,8?9.?4 Extra Help (2) ....................... 1,758.76 (1) Net decrease ............. $1,508.76 (2) Net increase ............. 1,508.76 Subject to approval of the State Compensation Board BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of January, 1972. No. 20044. A RESOLUTION providing for the appointment of five freeholders, any three of whom may act, as viewers in connection with the application of Hayes, Seay, Mattern & Mattern to permanently vacate, discontinue and close that portion of a ten-foot alley running through Section 6, Exchange Building & Investment Company, from Fourth Street, S. W., .to Walnut Avenue' S. W., more specifically described below. WHEREAS, it appearing to the Council of the City of Roanoke, Virginia, upon the application of Hayes, Seay, Mattern ~ Mattern, that said petitioner did on January 6, 1972, duly and legally publish, as required by § 15.1-364 of the 1950 Code of Virginia, as amended, a notice of its application to the Council of the City of Roanoke, Virginia, to close the hereinafter described portion of the afore- said alley, the publication of which was had by posting a copy of the notice on the front door of the courthouse in the City of Roanoke, Virginia (Campbell Avenue entrance), at the Market House (Salem Avenue entrance), and at 311 Second Street, S. E., as provided by the aforesaid section of the Virginia Code, as amended, all of which is verified by an affidavit of the City Sheriff appended to the applica- tion addressed to the Council requestin9 that the hereinafter described portion of the aforesaid alley be permanently vacated, discontinued and closed; and 186 WHEREAS, it appearing to the Council that more than ten days have elapsed since the publication of such proper legal notice, and the Council having consider- ed said application to permanently vacate, discontinue and close the hereinafter described portion of the aforesaid alley; and WHEREAS, the applicant has requested that five viewers, any three of whom may act, be appointed to view the hereinafter described portion of said alley herein sought to be permanently vacated, discontinued and closed and report in writing, as required by § 15.1-364 of the 1950 Code of Virginia, as amended; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, Virginia that Messrs. James L. Trinkle, Harold W. Harris, Jr., Lester K. Stover, Jr., William P. Wallace, and J. Tate McBroom, any three of whom may act, be, and they hereby are, appointed as viewers to view the following described portion of said alley and report in writing, pursuant to the provisions of § 15.1-364 of the 1950 Code of Virginia, as amended, whether or not in their opinion any, and if any, what inconvenience would result from permanently vacating, discontinuing and closing the same, namely: BEGINNING at a point in the south line of Walnut Avenue, S. W., which point is N. 83o 48' 20" W. 223.24 feet from the west line of Franklin Road, S. W., and which beginning point is also the intersection of the east line of a 10-foot alley with the south line of ~alnut Avenue, S. W.; thence with the east line of said alley S. 60 08' 44" W. 140.00 feet to a point; thence with the south line of said alley N. 830 48' 20" W. 300.50 feet to the northwest corner of Lot 14, Section 6, Map of Exchange Building 5 Investment Company; thence crossing said 10-foot alley N. 60 08' 44" E. 10.00 feet to the southwest corner of Lot 4, Section 6, Map of Exchange Building 5 Investment Company; thence with the north line of said 10-foot alley S. 830 48' 20" E 275.50 feet to an angle point in said alley line; thence with the northerly line of said alley N. 510 10' 12" E. 21.20 feet to another angle point in said alley line; thence with the west line of said alley N. 6° 08' 44" E. 115.00 feet to a point in the south line of Walnut Avenue~ S. W.,; thence with the south line of Walnut Avenue, S. W., S. 83° 48' 20" E. 10.00 feet to the point of BEGINNING, and being all of the existing alley in Block 6 east of the east lines of Lots 13 and 3. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of January, 1972. No. 20045. A RESOLUTION providing for the appointment of five (5) freeholders, any three (3) of whom may act, as viewers in connection with the application of Roano~ Distributing Co., Inc. to permanently vacate, discontinue and close that portion of 24th Street running in a north-south direction through the property of Roanoke 187 Distributing Co., Inc., and bounded on the north by the Norfolk and Western Railway Co. right-of-way property, and on the south by Patterson Avenue, N. W. WHEREAS, it appearing to the Council of the City of Roanoke, Virginia, upon the application of Roanoke Distributing Co., Inc., that said petitioner did on January 3, 1972, that being the first day of a term of the Hustings Court for the City of Roanoke, Virginia, duly and legally publish, as required by Section 15.1-364 of the Code of Virginia (1950), as amended, a notice of its application to the Council of the City ~ Roanoke, Virginia, to close the hereinafter described street, the publication of which was had by postin9 a copy of the notice on the front door of the courthouse in the City of Roanoke, Virginia (Campbell Avenue entrance), at the Market House (Salem Avenue entrance) and at 311 Randolph (Second) Street, S. E., as provided by the aforesaid section of the Virginia Code, as amended, all of which is verified by an affidavit of the City Sheriff appended to the application 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 (5) days have elapsed since the publication of such proper legal notice, and the Council having considered said application to permanently vacate, discontinue and close the hereinafter described street; and WHEREAS, the applicant has requested that five (5) viewers, any three (3) of whom may act, be appointed to view said street herein sought to be per- manently vacated, discontinued and closed and report in writing, as required by Section 15.1-364 of the Code of Virginia, as amended; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, Virginia that Messrs. Harold W. Harris, Jr., Lester K. Stover, Jr., William P. Wallace, J. Tate McBroom, and Dewey H. Marshall, any three (3) of whom may act, be, and they hereby are, appointed as viewers to view the following described street and report in writing, pursuant to the provisions of Section 15.1-364 of the Code of Virginia,~i as amended, whether or not in their opinion any, and if any, what inconvenience would result from formally vacating, discontinuing and closing the same, namely: That portion of 24th Street running in a north- south direction from the Norfolk and Western Railway Co. right-of-way property on the north to Patterson Avenue, S. W. on the south. ATTE ST: APPROVED Deputy City Clerk Mayor 188 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of January, 1972. No. 20046. AN ORDINANCE to amend and reordain Section ~75, "Recreation, Parks and Recreational Areas," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~75, "Recreation, Parks and Recreational Areas," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: RECREATION, PARKS AND RECREATIONAL AREAS ~75 Operating Supplies and Materials (1) ............................. $25,615.00 (1) Net increase .............. $380.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Deputy City Cle.rk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of January, 1972. No. 20047. h RESOLUTION authorizing the execution on behalf of the City of an agreement between the City, the Commonwealth of Virginia and the Norfolk and Western Railway Company relating to the construction of the new 10th Street Bridge over the Norfolk and Western Railway Company's tracks, as a part of Project U000-128-101, C-501, B-602, and related improvements. WHEREAS, for the accomplishment of the work to be performed in the construction of the new 10th Street Bridge over tracks of the Norfolk and Western Railway Company, as State Highway Project U000-128-101, C-501, B-602, it is necessary that the parties concerned enter into written agreement relating to the manner of performing said work, determining the portion to be done by each of the parties and the meihod of reimbursing said Railway for the portion of work to be performed by it, all of which has been reduced to writing and exhibited to the Council as a proposed agreement in writing, consisting of seven (7) typewritten pages and an accompanying exhibit, made to be executed by said three parties, setting out the obligations and responsibilities of the respective parties, which proposed agreement the Council' has considered and deems proper to be executed on behalf of the City, a copy of said agreement having been placed on file in the Office of the City Clerk; and WHEREAS, the Council, considering the matter, deems it proper and necessary that the City enter into the aforesaid agreement and be bound by the provisions thereof, said City, by collateral agreement made with the Commonwealth of Virginia, Department of Highways, having undertaken to reimburse said Common- wealth a certain portion of the total cost of the aforesaid highway project. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager, be, and he is hereby authorized and directed, for and on behalf of the City, and upon approval of the form thereof by the City Attorney, to execute in triplicate that certain seven (7) page typewritten agreement entitled "Project U000-128-101, C-501, B-b02-Federal Project, Norfolk and Western Railway Overpass at Tenth Street, City of Roanoke", to be entered into by and between the COMMONWEALTH OF VIRGINIA, the CITY OF ROANOKE and the NORFOLK AND ~ESTERN RAILWAY COMPANY, a copy of which is on file in the Office of the City Clerk and which relates to the construction of a new 10th Street Bridge over the tracks of the Norfolk and Western Railway Company, in the northwest and southwest portion of the City, which fixes and determines the manner of performing said work, the portion to be done by each of the parties and the method of reimbursing said Railway for the portion of work done by it and which provides for the manner by which said new bridge shall be maintained and, which obligates the City to maintain the drainage and appurtenances for said project, amongst other things, said agreement when so executed on behalf of the City, to be transmitted by the City Manager to the parties signatory thereto. APPROVED ATTE ST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of January, 1972. No. 20048. AN ORDINANCE amending and reordaining Sec. 49(b). Voting place in Fishburn P~rk Precinct, Chapter 2. Precincts and Voting Places, of Title IV. Elections, of 190 the Code of the City of Roanoke, 1956, as amended, so as to change the location of the voting place in Fishburn Park Precinct;.and providing for an emergency. WHERgAS, it has been recommended by the Electoral Board of the City that the voting place in Fishburn Park Precinct be moved from its present location at Fishburn Park Elementary School to the new James Madison Junior High School, at approximately the same location within said voting precinct, the Electoral Board noting the size and inadequacy of space and facilities at the present location and the close proximity and ease of access to the proposed new voting place; in all of which recommendation the Council concurs; and ~HEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec. 49(b). Votin& place in Fjshburn Park Precinct, Chapter 2. Precincts and Votinq Places, of Title IV. Elections, of the Code of the City of Roanoke, 1956, as amended, be and said section is hereby amended and reordained so as to read and provide as follows: Sec. 49(b) Votin& place in Fishburn Park Precinq~, The voting place in Fishburn Park Precinct shall be, and the same is established at the James Madison Junior High School located on the south side of Overland Road, S, W., between Colonial Avenue and Brambleton Avenue, S. 4. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance take effect upon its passage. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of January, 1972. No. 20049. A RESOLUTION approving an addendum to the budget of Mental Health Service of the Roanoke Valley for the fiscal year ending June 30, 1972, for expansion of its p're-$chool and day care service and its summer camping program for mentally retarded children. 'WHEREAS, officials of the Mental Health Services of the Roanoke Valley have recommended that the Council approve an addendum to said Services' current 19'I budget in order (a) to provide at the Jerome Natt School day care service to eight additional mentally retarded children on a full-day basis and (b) to expand its 1972 summer camping program at Camp Virginia Jaycee so as to serve 135 mentally retarded children, which addendum will be at no cost to the City; which proposal has the concurrence of this Council. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council doth hereby approve that certain addendum to the current budget of the Mental Health Services of the Roanoke Valley, which addendum is more particularly described in certain addendum grant applications dated December, 1971, addressed to the Virginia Department of Mental Hygiene and Hospitals, copies of which are on file in the Office of the City Clerk, and which make application for matching public funds in order to have available an additional $3,800.00 for an expansion of the Jerome Natt Pre-School and Day Care Service and an additional $10,000.00 for a sumer camping program at Camp Virginia Jaycee; the Roanoke Area Association for Retarded Children to provide all local matchin9 funds. BE IT FURTHER RESOLVED that the City Clerk do forthwith transmit an attested copy of this resolution to Dr. Thomas B. Stage, Chairman of said Mental Health Services of the Roanoke Valley. APPROVED ATTE ST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of January, 1972. No. 20050. A RESOLUTION approvin9 a report of the City of Roanoke Highway Safety Commission recommending a 1973 fiscal year work program for highway safety within the City of Roanoke; directing the City Manager to make certain applications for 9rants-in-aid; signifying Council's intent to bear the City's proportionate share of certain grants-in-aid, should they be subsequently accepted by the City; and providing for transmittal of a copy of said report to the Governor of Virginia, through the State Highway Safety Division. WHEREAS, at the Council meeting held January 10, 1972, the City of Roanoke Highway Safety Commission made report in writin9 dated December 16, 1971, with which said report was transmitted a proposed safety program for the City of Roanoke for the 1973 fiscal year; and 192 WHEREhS, said Commission has advised the Council that certain grants-in- aid in implementation of the recommended program for highway safety in the City of Roanoke may be available should applications therefor be timely made, and the Council is of opinion that said program should be implemented to the fullest extent possible. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council doth generally concur in the report dated December 16, 1971, of the City of Roanoke Highway Safety Commission made to the Council at its meeting held on January 10, 1972, and doth approve generally the 1973 work program for highway safety proposed by said commission a~ transmitted with said report, all of which is on file in the office of the City Clerk and to which reference is hereby made. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to cause to be executed on behalf of the City applications for certain grants-in-aid as more fully set out in the Safety Commission's report, and the Council doth, further, hereby signify its present intent for the City to bear its proportionate share of the cost of such grants-in-aid should they hereafter be accepted by the City. BE IT FURTHER RE~0LVED that the City Clerk do forthwith transmit to the Governor of Virginia, through the State Highway Safety Division, an attested copy of this resolution and an attested copy of the aforesaid report dated December 16, 1971, as amended, and the 1972-1973 ~ork program for Highway Safety referred to therein. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of January, 1972. No. 20051. A RESOLUTION reaffirming the City's interest in the concept of a regional jail; expressing the City's disapproval of the VeteranS' Hospital property, in Roanoke County, as a site for such facility; and requesting the Fifth Planning District Commission to further study and evaluate other sites in the area for their suitability for such purpose. -~HERE~S, this Council having at its meeting held January 10, 1972, heard spokesmen for various citizens interested in the designation of a site for a pro- posed new regional jail facility, desires to reaffirm its interest ~ pursuing, further, consideration and study of the concept whereby there be provided a regional jail facility, located, constructed and operated for the joint use of the City and other regional political subdivisions, but, at the same time, to express disapproval of the location thus far understood to be recommended by the Fifth Planning District Commission as a preferred site for such facility. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows, viz: 1. That the Council reaffirms the interest of the City of Roanoke in the concept of a regional jail facility, provided for the joint use of those political subdivisions in the area or region, including said City, desiring the use of such facility. 2. That this Council does not favor, but disapproves, as a location for such regional jail facility any site on property of the United States Veterans' Hospital, in Roanoke County; and 3. That the Council requests the Fifth Planning District Commission to make further study and evaluation of other locations in the Roanoke area more suitable as a site for said facility. BE IT FURTHER RESOLVED that the City Clerk transmit to the Fifth Planning District Commission and to the presidin9 officer of each local governing body represented in said Commission an attested copy of this resolution. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of January, 1972.. No. 20052. AN ORDINANCE amending and reordaining Chapter 2.1, Land Subdivision Re§~lations, Title XVI Planninq and S~bdivisions, of the Code of the City of Roanoke, 1956, as amended, by the addition of a new sentence to subsection (a) of Sec. 2. of said chapter and title, providing that the agent responsible for the administration and enforcement of said land subdivision regulations may waive, upon application made and for good cause shown, not more than one percentum of the minimum requirements of said regulations relating to the area of lots and street frontage; and providin9 for an emergency. .94 WHEREAS, the Council, having been advised that the 1968 Land Subdivision Ordinance of the City of Roanoke contains provision for the waiver of certain, but not all, of the requirements of said ordinance relating to subdivision of parcels into not more than two lots by the agent responsible for the administration of said regulations, and having been advised, further, that the public interest would be better served by amending said ordinance so as to provide for waiver by said agent, upon application made therefor, and good cause shown, of not more than one percentum of the minimum requirements of said regulations relating to the area of lots and street frontage, initiated such amendment on ~s own motion; and WHEREAS, the matter of such proposed amendment having been referred to the City Planning Commission, said Commission, at its meeting held January 19, 1972, having concurred in such proposed amendment; and a hearing, preceded by public notice, having been held before the Council at its meeting of January 24, 1972, at which time all parties in interest and citizens were given an opportunity to be heard on the proposed amendment; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that subsection (a) of Sec. 2., Applicability of requlations of Chapter 2.1, Land Subdivision Requlations, Title XVI, Planninq and Subdivisions, of the Code of the City of Roanoke, 1956, as amended, be and said subsection is hereby amended and reordained by the addition of a new sentence thereto, such subsection to read and provide as follows: Sec. 2. ~pplicabilit¥ of regulations. (a) No person shall divide or subdivide, or cause a subdivision to be made, by deed or map, of any tract of land which is located within the boundaries of the City of Roanoke as the same may, from time to time, be established according to law, as provided for in Section 15.1-467 of the 1950 Code of Virginia, as amended, except in con- formity with the provisions of this chapter; provided that the provision~ of this chapter shall not be applicable within the corporate limits of any other municipality; and provided, further, that in those area's of extraterritorial jurisdiction of the City of Roanoke, as provided for in said Section 15.1-467, the requirements for public improvements shall be those set forth in the Roanoke County Land Subdivision Ordinance, all other provisions of this chapter to apply to said area lying within the extraterritorial juris- diction of the City of Roanoke; provided, however, that where a single lot or parcel of land is pro- posed to be divided into not more than two parcels, any one or more of the requirements of this chapter may be waived in writing by the agent responsible for the administration and enforcement of the regulations contained in this chapter, provided, that the division of such single parcel into two parcels conforms in area and street frontage to the regulations and requ'irements of the zoning district regulations of the governmental entity wherein the land lies, does not involve any new public street or easement of access, or road, does not offer opportunity to obstruct any natural drainage or planned major highway, does not ad- versely affect any part of an adopted plan, or does not in any way violate the intent of this chapter or any applicable zonin9 ordinance; and provided, further that upon application made and for §ood cause shown, the a§ent responsible for the admini- stration and enforcement of the regulations contained in this chapter in the City, may waive, further, not more than one percent of the minimum requirements relatin9 to area and street frontage, supra. BE IT FURTHER ORDAINED that an emerqency existin9, this ordinance shall take effect upon its passa§e. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of January, 1972. No. 20053. AN ORDINANCE authorizin9 and directin9 the Mayor of the City of Roanoke and the City Clerk, for and on behalf of the City of Roanoke, Virginia, to enter into and execute an A§reement with the City of Roanoke Redevelopment and Housin9 Authority carryin9 into effect the Redevelopment Plan for the City of Roanoke designated "Redevelopment Plan, Gainsboro Neighborhood Development Program, Pro§ram NO. VA. A-6"; and providin9 for an emergency; and WHEREAS, by Resolution No. 20032, adopted by the Council of the City of Roanoke on January 10, 1972, the Council of the City of Roanoke approved the Redevelopment Plan prepared by the City of Roanoke Redevelopment and Housin9 Authority for the area in the northwest section of the City of Roanoke and desi9- hated as the "Redevelopment Plan, Gainsboro Neighborhood Development Pro§ram, Pro§ram NO. VA. A-6"; and WHEREAS, the Council of the City of Roanoke is desirous of assistin§ and cooperatin9 with said Authority in carryin9 said Plan into effect and, accord- ingly, to enter into an Agreement with said Authority relative to the City's obligations for the 1971-1972 Program Action Year; and WHEREAS, such an A§reement has been prepared and is hereafter set forth; and WHEREAS, for the usual daily operation of the Municipal Government an emergency is hereby set forth and declared to exist in order that this Ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROANOKE as follows: That in order to carry into effect the Redevelopment Plan prepared by the City of Roanoke Redevelopment and Housing Authority, designated "Redevelopment Plan, Gainsboro Neighborhood Development Program, Program No. VA. A-6", this Council doth hereby approve an Agreement by the City of Roanoke and the City of Roanoke Redevelopment and Housing Authority, dated , in the following words and form; that is to say: A~REEME~T THIS AGREEMENT, entered into this day of , 19 ,: by and between the City of Roanoke Redevelopment and Housing Authority, a duly organized and existing body politic of the Commonwealth of Virginia, (herein called the "Authority"), and the City of Roanoke, a municipal corporation of the Commonwealth of Virginia, (herein called the "City"), WITNESSETH THAT: WHEREAS, by Resolution adopted on January 10, 1972, the Council of the City approved a Redevelopment Plan adopted by the Authority, designated "Redevel- opment Plan," Gainsboro Neighborhood Development Program, Program Number VA. A-6; and WHEREAS, said Plan contemplates the acquisition by the Authority of land within the Program area as shown on the "Land Use Plan and Boundary M~p" attached thereto, the clearance of the improvements thereon and the sale and reuse of portions thereof for Residential, Commercial, Light Industrial, Institutional and Public purposes, which uses have been determined by the City to be in accordance with certain definite local objectives as to appropriate land uses, all as set forth in said Plan; and WHEREAS, in order for the Authority to effectuate said Plan, the assis- tance of both the Federal Government and the City is required on an annual basis: namely, of the Federal Government by lending funds needed to defray the 9ross cost of the Program, and upon completion of each Program action year and repay- ment of such loan, by contributing two-thirds of the net cost of the Program; and of the City, by making certain local grants-in-aid (as specified in Title I of the Housing Act of 1949, as amended), as hereinafter provided, in a total amount equal to one-third of the net Program cost incurred during the Program action year; and WHEREAS, the Authority has applied to the Federal Government for financial assistance under said Title I, and it now devolves upon the City to take certain actions and to provide certain grants-in-aid which are estimated by the Authority to be required in the total amount of $377,457.00 to satisfy the City's one-third share obligation, against which obligation the City desires to have applied $374,025.00 of its existing excess non-cash grant-in-aid credits. 197 NOW, 'THEREFORE, in consideration of the benefits to accrue to the City and its citizens from the Program, and of the mutual covenants hereinafter set forth, the Authority and the City agree as follows with respect to the 1971-1972, Program Action Year: h. Cash Grants-in-Aid Non-cash grant-in-aid credits approved by the Department of Housing and Urban Development for monies expended by the City in previous redevelopment pro- jects coupled with projected real estate tax credits are sufficient to eliminate the City's cash obligation for this Program during the 1971-1972 Program Action Year. B. Non-Cash Grants-in-Aid Non-cash grants-in-aid projected for this Program during the 1971-1972 Program Action Year will be provided by excess credits carried over from previous redevelopment projects. C. Tax Credit The Authority agrees to 9ire the City a credit against its cash grant- in-aid obligation in the amount of $3,450.00 in lieu of paying City Real estate taxes on property it acquires during the 1971-1972 Program Action Year pursuant to this Plan. This credit was considered in eliminating the City's one-third share obligation.. D. Street Vacation Should it become necessary durin9 the 1971-1972 Program Action Year, the City, at no cost or expense to the Authority, and upon its request, will, insofar as it can lawfully do so, vacate any streets, roads, alleys or other public ways necessary to be vacated in furtherance of the plan within the Program Area as shown on the "Land Use Plan and Boundary Map." The City further agrees to cooperate with the Authori~ by takin9 such other lawful actions as may be necessary in the undertaking and carryin9 out of the program. E. Adjustment of one-third Share After all non-cash grants-in-aid are made and/or provided for by the City under this Agreement, if the Authority determines that the sum of all such grants-in-aid are less than one-third of the total actual net Program cost for the 1971-1972 Program Action Year, the City shall pay the Authority the difference in cash, provided, however, that if the Authority determines that the grants-in-aid exceed the City's share of one-third of the total actual net Program cost for the 1971-1972 Program Action Year, the Authority shall apply the same as a credit against the City's obligations in the next Program Action Year. IN WITNESS WHEREOF, the City, pursuant to the Authority granted by Ordinance No. , adopted , and the Authority, pursuant to resolution of its Commissioners adopted the , have respectively caused this Agreement to be duly executed as of the day and year first above written. 198 (SEAL) , ATTEST: BY CITY OF ROANOKE Mayor City Clerk (SEAL) ATTE ST: Secretary CITY OF ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY BY Chairman That the Mayor of the City of Roanoke is hereby directed to execute said Agreement and the City Clerk is also directed to affix the Seal of the City thereto and attest same, for and on behalf of the City of Roanoke, and that the same, upon such action by said Mayor of the City of Roanoke and City Clerk, be the hgreement of the City of Roanoke. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance be in force and effect upon its passage. APPROVED ATTE ST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of January, 1972. No. 20054. AN ORDINANCE to amend and reordain Section ~85, "Electoral Board," of t~ 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~85, "Electoral Board," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: ELECTORAL BOARD ~85 Personal Services (1) .................. $31,342.00 (1) Net increase-v==~ .... $490.00 Raise City Registrar to Group 19, Step 6, effective July 1, 1971. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passa9e, ATTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of January, 1972. No. 20055. AN ORDINANCE amendin9 and reordainin9 Sec. 3.1. Rental of eqRipment in vacant stalls, of Chapter 2, Market Re§~lations, of Title IX,-Public Markets, of the Code of the City of Roanoke, 1956, as amended, providin9 for an emergency; and providing for the effective date of this ordinance. WHEREhS, the City Manaqer, i-n report to the Council dated January 24, 1972, recommended an increase in rental rates for display cases in vacant stalls at the City Market and further recommended that the lease for such display cases provide for a 30-day termination notice, in which recommendations the Council concurs; and WHEREAS, it is necessary'for the usual daily operation of the municipal government that this ordinance take effect upon the date hereinafter set forth. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec. 3.1. Rental of equipment i'n vacant stalls, of Chapter 2, Market Requlations, of Title IX, Public Markets, of the Code of the City of Roanoke, 1956, as amended, be and said section is hereby amended and reordained to read and provide as follows Sec. 3.1. Rental of' equipment in vacant stalls. Should any market stall become vacant, during the period of such vacancy the display case and refrigerated storage box assigned to such stall may be offered for rent as follows: (a) The display case in any vacant stall may be rented only to the lessee of an adjoining stall at a rate of $30.00 per month, payable in advance; and (b) The refrigerated storage box in any vacant stall may be rented to the lessee of any inside or outside stall at a rate of $12.50 per month, payable in advance; provided, in each instance, that no meat or food products shall be cut or prepared in such vacant stall by the lessee of such case or box nor shall the rental 2OO thereof entitle the lessee to any use of such vacant stall other than for the sale of meat and food products directly from said dis- play case; and provided, further, that all such rentals hereunder shall be terminable by the city for any cause on thirty (30) days prior written notice to the lessee of such equipment, without proration, refund or return of any amount of advance rental paid therefor. BE IT FURTHER ORDAINED that an emerg.ency existing this ordinance shall be in force and effect upon and after the first day.of February, 1972. I. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of January, 1972. No. 20058. AN ORDINANCE to amend and reordain Sec. 40. 'Grandin Court Precinct' and Sec. 49. (a) 'Fishburn Park Precinct' of Chapter 2. 'Precincts and Voting Places', of Title IV. 'Elections', of the Code of the City of Roanoke, 1956, as amended; and providing for an emergency. '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 Sec. 40. 'Grandin Court Precinct' and Sec. 49. (a) 'Fishburn Park Precinct', of Chapter 2. 'Precincts and Voting Places', of Title IV, 'Elections', of the Code of the City of Roanoke, 1956, as amended, be, and said sections are hereby amended and reordained so as to read and provide as follows: Sec. 40. Grandin Court Precinct. Beginning at the intersection of Brambleton Avenue, S. W., and U. S. Route ~221 and Murray Run; thence, southwest on Brambleton Avenue, S. W., to Montgo- mery Avenue, S. W.; thence northwest along the boundary of the Shenandoah Life Insurance Company property and the Shrine Hill property to Montvale Road, S..W.; thence in a southwesterly direction on Montvale Road to the corporate line; thence, with the corporate line to a point where the Bent Mountain Road is intersected by the west line of Jefferson Hills Golf Course; thence, leaving the corporate line, in a northerly direction along the Bent Mountain Road to a point where Murray Run crosses said Bent Mountain Road; thence, down Murray Run, as it meanders to U. S. Route ~221, at the inter- section of Brambleton Avenue, S. W. and Murray Run, the place of Beginning. Sec. 49 (a) Fishburn Park Precinc%. Beginning at the intersection of the Norfolk and Western Railway, ~inston-Salem Division, right of way and Roanoke River, thence, up Roanoke River as it me- anders to the mouth of Murray Run; thence, up Murray Run to Brandon Avenue, S. W.; thence, west with the center of Brandon Avenue, S. W., to a point of inter- section with Murray Run east of Mount Vernon Road, 201 S. W.; thence, south with Murray Run as it meanders to the north line of Bent Mountain Road; thence, with the north line of the Bent Mountain Road in a south- westerly direction to a point where the west line of Jefferson Hil~ Golf Course meets the Bent Mountain Road; thence, in a southwesterly direction with the west line of said golf course, being a portion of the corporate limits of the City of Roanoke, to the west line of 09den Road; thence, continuin9 alon9 said corporate limits, in a southerly and southeasterly direction to the point where said corporate limits intersect with the right of way of the Norfolk and 'Western Railway Company, Winston-Salem Division; thence, along said right of way, in a northeasterly direction, to tm place of Beginning. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in effect from its passage. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of January, 1972. No. 20059. AN ORDINANCE authorizin9 and providing for the acquisition of a strip of land, five feet in width, extending approximately 225 feet in a southwesterly direction along Carvin Street, N. E., from the intersection of the west line of Yinton Mill Road and the north line of Carvin Street, N. E., upon certain terms and conditions, for street purposes; and providing for an emergency. WHEREAS, in order to widen Carvin Street, N. E., to a 50 foot wide street it is necessary to acquire the land hereinafter described, and the Council is advised that Carvin Development Corporation, owner of the land abuttin9 said street, has offered to grant and convey to the City a strip of its land, five feet in width and approximately 225 feet in length, for the nominal consideration of $5.00 cash; and WHEREAS, for ihe usual daily operation of the municipal 9overnment an emergency is declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that said City doth hereby accept the offer of Carvin Development Corporation to 9rant and convey to the City in fee simple that certain strip of land, five feet in width and extendin9 approximately 225 feet in a southwesterly direction along Carvin Street, N. E., from the intersection of the west line of Vinton Mill Road and the north line of Carvin Street, N. E., for the nominal consideration of $5.00, 2O2 cash; and upon delivery to the City of a good and sufficient deed of conveyance conveying to the City, with General Warranty of title and Modern English covenants the fee simple title to said parcel of land, ~approved as to form and execution by the City Attorney, the same shall be recorded in the Clerk's Office of the Hustings Court of the City of Roanoke. BE IT FURTHER ORDAINED that, an emergency existing this ordinance be in force and effect upon its passage. APPROVED ATTE ST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of January, 1972. No. 20060. AN ORDINANCE amending Ordinance No. 19752, heretofore adopted June 28, 1971, relating to certain unclassified officials and employees of the City, by providing for a change in the name of the City Auditor designated therein and for the annual compensation of that officer, and by providing for certain assista~ auditors in the office of the City Auditor, and their compensation; and providing for an emergency. WHEREAS, it is necessary for the usual daily operation of the municipal 9overnment that this ordinance take effect upon the date hereinafter set forth. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Ordinance No. 19752, heretofore adopted on the 28th day of June, 1971, fixing the annual compensation of certain unclassified officials and employees of the City, be and the same is hereby amended in the following particulars, only, viz: 1. That the line reading: J. Robert Thomas, Auditor $20,628.00 be deleted from Ordinance No. 19752, aforesaid; and that there be inserted in place thereof the following: Alfred N. Gibson, Auditor $17,508.00; such changes to be made effective and retroactive to January 1, 1972; 'and 2. That the line reading: Alfred N. Gibson, Assistant City Auditor $14,556.00 be deleted from Ordinance No. 19752, aforesaid; and that there be inserted in place thereof the following: 20 John M. Mitchell $12,606.00 Herbert L. Kemp $12,606.00; such changes to be made effective on and after February 1, 1972. BE IT FURTHER ORDAINED that , an emergency existing, the provisions of this ordinance shall be in force and effect on and after the dates hereinabove provided. APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of January, 1972. No. 20061. AN ORDINANCE amending and reordaining-Sec. 4. Assistant and clerical help, of Chapter 8. The City Auditor, Title II, of the Code of the City of Roanoke, 1956, as amended, relatin9 to the appointment of assistant auditors and clerical help in the office of the City Auditor; and providing for an emergency. WHEREAS, in report to the Council made January 17, 1972, the City Auditor has recommended authorization for appointment of three assistant auditors in the office of the City Auditor, necessitating an amendment of the Code of the City of Roanoke, 1956, as hereinafter provided, all of which is authorized by Sec. 23 of The Roanoke Charter of 1952, and in which recommendation the Council concurs; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec. 4. Assistant and clerical help, of Chapter 8, The City Auditor, Title II, of the Code of the City of Roanoke, 1956, as amended, be, and said section is hereby amended and reordained to provide as follows: Sec. 4. Assistant and clerical help. The city auditor is authorized and empowered to appoint three assistant auditors and may appoint such clerical he~ as may be authorized by council, and the compensation of said assistant auditors and clerical help shall be such as the council may from time to time fix and determine. Any of the duties of the city auditor may be performed by his assistant auditors. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect upon its passage. ATTE ST: APPROVED Deputy City Clerk Mayor 204 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of January, 1972. No. 20062. AN ORDINANCE to amend and reordain Section ~10, "City Auditor," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =10, "City Auditor," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CITY AUDITOR ~10 Personal Services (1) .................. $198,452.00 (1) Net decrease ........ $1,520.00 BE IT FURTHER ORDAINED that,, an emergency existing, this Ordinance shall be in effect from its passage. ATTE ST: ~~ Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of January, 1972. No. 20063. A RESOLUTION authorizing and inviting the making of a comprehensive study for the purpose of determining an appropriate location in the City of Roanoke for a unit ofthe State Science Museum System. WHEREAS, this body is advised that the Board of Trustees of the Science Museum of Virginia is seeking locations for Science Museum facilities which will serve all regions of Virginia, said Board having met in recent months in this City to inspect portions of the City's Mill Mountain Park area and o~her locations in and around the City as a possible location for such facility; and WHEREAS, the advantages of a location of such facilities in Roanoke seem evident, considering the City's central location in Southwestern Virginia, its concentration of population, its accessibility from several of Virginia's major transportation routes, its wealth of human and physical resources, both individual and institutional, dedicated to furthering education in the sciences, and the existence of at least one potential site for the development of a high quality science museum at a location which might be made available to said Trustee by the City; and WHEREAS, this Council would hope that, consistent with the open-space requirements to which large portions of the City's Mill Mountain Park area are committed, with the City's existing plans for the development'of the top of Mill Mountain and with its covenants to hold, improve and operate portions of said Mill Mountain Park area for park and recreational purposes of the citizens of the City, a suitable location in said Mill Mountain Park area might be settled upon a site for a unit of the State Science Museum; and WHEREAS, the Council is further advised of said Trustees' desire to have a further, more particular study and investigation made of the suitability of said park area as a site for a unit of said Science Museum and of the availability of land for auxiliary uses of such museum. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council, on behalf of the citizens of Roanoke, authorizes and invites the Board of Trustees of the Science Museum and its consultants to proceed with detailed studies of the Mill Mountain Park area of the City or of any other area in the City suitable as a site for a unit of the State Science Museum and to propose to the City specific plans for the development of a Science Museum complex in one of such areas, and ways in which the City can assist the Trustees in achieving its goals. BE IT FURTHER RESOLVED that attested copies of this resolution be transmitted by the City Clerk to the Board of Trustees of The Science Museum of Virginia, State Office Building, Richmond, Virginia, 23219. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of January, 1972. No. 20064. AN ORDINANCE to amend and reordain Section ~7, "Assessment of Real Estate," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~7, "Assessment of Real Estate," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: ASSESSMENT OF REAL ESTATE ~7 Personal Services (1) ................... $70,811.00 (1) Net increase ....... $825.00 Increase salary of the Assessor of Real Estate to $15,000.00 per year. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of January, 1972. No. 20065. AN ORDINANCE amending Ordinance No. 19752, heretofore adopted on June 28, 1971, fixing the annual compensation of certain unclassified officials and employees of the City, by changing the rate of annual compensation provided for the City's real estate assessor; providing for the effective date of this ordinance; and providing for an emergency. WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon the date hereinafter set forth. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Ordinance No. 19752, heretofore adopted on the 28th day of June, 1971, fixing the annual compensation of certain unclassified officials and employees of the City be, and the same is hereby amended in the following particular, only, viz: Charles S. McNulty, Jr., Assessor ................. $15,000. BE IT FURTHER ORDAINED that, an emergency existing, the provisions of this ordinance shall be in force and effect on and after January 16, 1972. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 31st day of January, 1972. No. 20056. AN ORDINANCE dedicating for public street purposes and uses certain pro- perty owned by the City, necessary for the construction of the Southwest Express- way (US Route 220). 20' WHEREAS, the City of Roanoke is the fee simple owner of certain parcels of land situate in the City of Roanoke' within the proposed right-of-way of the Southwest Expressway, said parcels being needed for the construction of said Expressway, the needed parcels being designated as Parcels 084, 086 and 087 on Sheet No. 11 of the plans for State Highway Project No. 6220-128-104, PE-101, C-501, 0599-128-101, RW-201; and in order to carry out the plans for said project the Council now desires to dedicate and set aside the hereinafter described par- cels of land for public street purposes. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, that there be and is hereby dedicated for public street purposes, as a part of the Southwest Expressway (US Route 220), the following described parcels of land situate in the City of Roanoke, viz: (1) Parcel 086 as shown on Sheet No. 11 of the plans for Project 6220-128-104, PE-iO1, C-501; 0599- 128-101, RW-201; said parcel being the residue of Lot 21, Block 5 of the Official Survey of the City of Roanoke, Southwest 4, acquired by the City of Roanoke from Katy R. Bowman, unmarried, by deed dated April 11, 1936, of record in the Clerk's Office of the Hustings Court of the City of Roanoke, Virginia, in Deed Book 612, at page 278; said parcel being designated as Official No. 1031224, on the Tax Appraisal Map of the City of Roanoke; and (2) Parcel 084 as shown on Sheet No. 11 of the plans for Project 6220-128-104, PE-IO1, C-501; 0599- 128-101, RW-201; said parcel being the easterly residue of Lots 1 and 2 of the original map of the Maple Avenue Addition acquired by the City of Roanoke from G. R. Hash and Lillian Hash by deed dated April 6, 1936, of record in the Clerk's Office of the Hustings Court of the City of Roanoke in Deed Book 612, page 284; and (3) Parcel 087 as shown on Sheet No. 11 of the plans for Project 6220-128-104, PE-iO1, C-501; 0599- 128-101, RW-201; said parcel being a portion of the right-of-way in Franklin Road, S. W., and the westerly residue of Lots 1 and 2 of the original map of the Maple Avenue Addition, the latter having been acquired by the City of Roanoke from C. R. Hash and Lillian Hash by deed dated April 6, 1936, of record in the Clerk's Office of the Hustings Court of the City of Roanoke in Deed Book 612, page 284. BE IT FURTHER ORDAINED that, the City Clerk cause an attested copy of this ordinance to be admitted to record in the Clerk's Office of the Hustings Court of the City of Roanoke and, further, to transmit to the Department of Highways of the Commonwealth of Virginia another attested copy hereof. APPROVED ATTE ST: /~ Deputy City Clerk Mayor 2O8 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 31st day of January, 1972. No. 20066. A RESOLUTION approving and adopting a certain revision and amendment of a portion of the Major Arterial Highway Plan for the City of Roanoke, dated December, 1963. WHEREAS, Mrs. L. D. Brugh, owner of properties located in the City of Roanoke, at the intersection of Williamson Road and Forest Hill Avenue, described as Lots 11 through 14, inclusive, Block F, Map of Williamson Grove, has heretofore petitioned the City of Roanoke, Virginia, to amend Plate 83 of the Major Arterial Highway Plan, dated December, 1963, so that the proposed straightening of Forest Hill Avenue at its intersection with Williamson Road to the west of Williamson Road be eliminated so that development of the lots aforesaid may be under taken;and WHEREAS, the Fifth Plannin'g District Commission, in accordance with Section 15.1-1408 of the Code of Virginia, has by resolution dated January 27, 1972, determined that the amendment sought is of less than district wide signifi- cance which enables the City of Roanoke to act independently on the amendment and revision requested; and 'WHEREAS, the matter has been referred to the Roanoke City Planning Commission, before whom a public hearing, properly advertised, has been heard and upon the resolution and recommendation by the Roanoke City Planning Commission that the amendment requested be made; and WHEREAS, public hearing in the matter has heretofore been heard by the Council of the City of Roanoke; NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Roanoke, that that portion of the City's Major Arterial Plan dated December, 1963, hereto- fore approved and adopted by the Council, resolution ~16274, on February 15, 1965, be revised and amended to provide that Plate 83 thereof be amended in accordance with Plat prepared by Dick & Wall, Civil Engineers, dated January 26, 1972, a copy of which is attached hereto, so that the proposed straightening of Forest Hill Avenue, at its intersection with Williamson Road to the west of Williamson Road, be deleted and the offset to the north along Williamson Road of Forest Hill Avenue, west of Williamson Road, be maintained as shown in accordance with the Map of Dick & Wall dated January 26, 1972, in accordance with the recommendation of the Roanoke City Planning Commission; and BE IT FURTHER RESOLVED, that copies of the aforesaid map be prepared and inserted in Plate 83 of the Major Arterial Highway Plan, dated December, 1963, and that a copy of this resolution, together with a copy of the said map, be forwarded by the City Clerk to the Fifth Planning District Commission in accordance 20. with the resolution of the Fifth Planning District Commission, 1972. ATTE ST: Deputy City Clerk APPROVED Mayor dated January 27, IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 31st day of January, 1972. No. 20067. AN ORDINANCE to amend and reordain Section ~12000/64, "Schools - Instructional Equipment," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =12000/64, "Schools - Instructional Equipment," of the 1971-72 Appropria- tion Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS - INSTRUCTIONAL EQUIPMENT =12000/64 Instructional Equipment (Cafeteria Equipment) (1) .............. $192,052.62 (1) Net increase ................. $4,982.62 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 31st day of January, 1972. No. 20068. AN ORDINANCE to amend and reordain Section ~25, "Clerk of Courts," of the 1971-72 Appropriation Ordinance, and providing-for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. 210 THEREFORE, BE IT ORDAINED by the Council of the City.of Roanoke that Section ~25, "Clerk of Courts," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CLERK OF COURTS ~25 Maintenance of Machinery and Equipment (1) (2) ..................... $2,715.60 (1) Net increase $1,870.60 (2) Said amount to be reimbursed to the City when a special fund provided by statute is received. BE IT FURTHER ORDAINED that, an emerqency existing, this Ordinance shall be in effect from its passage. ATTE ST: /~~ Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 31st day of January, 1972. No. 20069. A RESOLUTION providin9 for the appointment of five viewers in connection with the application of James E. Lon9 Construction Company, Inc., to permanently vacate, discontinue and close that certain portion of Walton Street, N. E. lyin9 between the northerly line Of Eastern Avenue, N. E., and the southerly line of a 10 foot alley lyin9 between Eastern Avenue, N. E., and Wallace Avenue N. E., in the City of Roanoke, Virginia. WHEREAS, it appearin9 to the Council of the City of Roanoke, Virginia, upon the application of James E. Lon9 Construction Company, Inc., that said applicant did duly and legally post, as required by Section 15.1-364 of the Code of Virginia of 1950, as amended, a notice of its intention to apply to the Council of the City of Roanoke, Virginia, to vacate, discontinue and close that certain portion of Walton Street N. E., hereinabove described and located in the City of Roanoke, Virginia, as shown on Sheet No. 322 of the Tax Appraisal Map of the City of Roanoke, Virginia, to be found in the City Engineer's Office of the City of Roanoke, and more particularly described as follows, to-wit: BEGINNING at a point numbered 5 as shown on plat showin9 division of property of-Electric Developers, Inc., bein9 a division of Lots 6 through 20 and Lots 22 through 46, Block 12, Map of Jackson Park, made by Raymond C. Weeks, Certified Land Surveyor, dated June 16, 1971, recorded in the Clerk's Office of the Hustings Court for the City of Roanoke, Virginia, on June 18, 1971, in Map Book 1, page 199, 2// which point is at the intersection of the southerly line of a certain 10 foot alley shown on said plat and the westerly line of Walton Street, N. E.; thence with the line of Lot 20A S 340 28' E. 92.00 feet to a point; thence a curved line to the ri§hr whose tangent is 20.00 feet, radius is 20.00 feet, an arc distance of 31.41 feet to a point on the northerly line of Eastern Avenue, N. E.; thence with the northerly line of Eastern Avenue, N. E., N. 550 32' E. 80.00 feet to a point on the southerly line of Lot 22A; thence with the line of Lot 22A a curved line to the right whose tangent is 20.00 feet, radius is 20.00 feet, an arc distance of 31.41 feet to a point on the westerly line of Lot 22A; thence continuing with the westerly line of Lot 22A and the line of Walton Street, N.E. N 340 28' W 92.00 feet to a point at the intersection of the southerly line of the aforesaid alley and the westerly line of Lot 22A, which point is numbered 7; thence with the southerly line of the aforesaid alley S 550 32' W 40.00 feet to a point, the place of BEGINNING; and BEING that portion of Walton Street N.E., located between the northerly line of Eastern Avenue, N.E., and the southerly line of a 10 foot alley lying between Eastern Avenue, N.E., and Wallace Avenue, N.E. and that a copy of said notice was posted at the front door of the Courthouse of the Hustings Court of the City of Roanoke, Virginia, and in two other places in said City in the neighborhood of the property described as aforesaid, as provided by law, all of which is verified by an affidavit appended to the application addressed to the Council requestin§ that the aforesaid street be permanently vacated, discontinued and closed; and WHEREAS, it appearin9 to the Council that more than ten days have elapsed since the posting of said proper legal notice and the Council having considered said application to permanently vacate, discontinue and close the aforesaid street; and WHEREAS, the applicant has requested that five viewers be appointed to view the aforesaid street herein sought to be permanently vacated, discontin- ued and closed, and report in writin9 as required by Section 15.1-364 of the Code of Virginia of 1950, as amended. THEREFORE, BE IT RESOLVED by Council of the City of Roanoke, Virginia, that Messrs. Fred DeFelice, L. Elwood Norris, George W. Overby, Edward H. Brewer, Jr., and William M. Harris be, and they hereby are, appointed viewers, any three of whom may act, to view the aforesaid street and report in writing pursuant to the provisions of Section 15.1-364 of the Code of Virginia of 1950, as amended, whether, in their opinion any and, if any, what inconvenience would result from discon- tinuing, vacating and closing said street. ATTEST: APPROVED Deputy City Clerk Mayor 2t2, IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 31st day of January, 1972. No. 20070. AN ORDINANCE to amend and reordain Section ;;65, "Airport," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of ROanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ;;65, "Airport," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: AIRPORT ;;65 Operating Supplies ~ Materials (1) ............. $6,150.00 Operational ~ Constructional - Equipment- New (2) .................. 750.00 Operating Supplies ~ ~ater~ ;ii ..... i . . 6,100.00 Other Equipment - Replacement (4) .............. 3,750.00 (1) Net decrease (2) Net increase. (3) Net decrease (4) Net increase. ---$50.00 5O.OO 5O.OO -- 50.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance ,shall be in effect from its passage. iATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 31st day of January, 1972. No. 20072. AN ORDINANCE to amend and reordain Section ;;83, "Plannin9 Commission," lof the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ;;83, "Planning Commission," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: PLANNING COMMISSION ;;83 Extra Help (1) ..................... $2,000.00 Printing and Office Supplies (2) ...................... 3,500.00 (1) Net decrease $1,000.00 (2) Net increase 1,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage, ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 31st day of January, 1972. No. 20073. AN ORDINANCE to amend and reordain Section =11, "Purchasing," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~11, "Purchasing," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: PURCHASING =11 Extra Help (1) ...................... $1,524.00 (1) Net increase $924.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 31st day of January, 1972. No. 20074. AN ORDINANCE to amend and reordain Section =88, "Sewer and Drain Con- struction,'' of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =88, "Sewer and Drain Construction," of the 1971-72 Appropriation Ordinance be, and the same is hereby, amended and reordained to read as follows, in part: 214 SEWER AND DRAIN CONSTRUCTION Operational ~ Construction Equipment - Replacement (1) ............ '.. $20,000.00~ (1) $720.00 to be taken from funds which were appropriated for the purchase of a backhoe, said $720.00 to be used for the purchase of a Line Energizer for the Public Works Department. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 31st day of January, 1972. No. 20075. AN ORDINANCE to amend and reordain Section =90, "Sewage Treatment Fund," of the1971-72 Sewage Treatment Fund Appropriation Ordinance, and providin9 for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~90, "Sewage Treatment Fund," of the 1971-72 Sewage Treatment Fund Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SEWAGE TREATMENT FUND ~90 Other Equipment - New ............ ; ...... $2,700.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 31st day of January, 1972. No. 20076. AN ORDINANCE to amend and reordain Section =77, "Civic Center," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of' the City of Roanoke that Section ~77, "Civic Center," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CIVIC CENTER ~t77 Personal Services (1) .................... $267,002.00 (1) Net increase ......... $510.00 Establish position of Operations and Maintenance Superintendent, Range 26, Step 6, $1,098,00 per month. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 31st day of January, 1972. No. 20078. AN ORDINANCE amending and reordaining Sec. 3.1 Licensing of dogs; amount of license: when license tax payable, etc. of Chapter 2, Dogs, of Title XXI, !.Animals, of the Code of the City of Roanoke, 1956, as amended, by the addition to said section of a new paragraph to be numbered (H), providing for a kennel license on dogs; and providing for an emergency. WHEREAS, it is necessary for the usual daily operation of the municipal 9overnment, that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec. 3.1 Licensing of doas: amount of license: when license tax payable, etc., of Chapter 2, Dogs, of Title XXI, Animals, of the Code of the City of Roanoke, 1956, as amended, be and said section is hereby amended and reordained by the addition thereto of a new paragraph to be numbered (H), and to read and provide as follows: (H) Kennel license. - Notwithstanding the pro- visions of paragraphs (A) through (G), inclusive, of this section, preceeding, the owner or opera- tor of any kennel as defined in § 29-183 of the 1950 Code of Virginia, as amended, shall pay an annual license tax of fifteen dollars for a kennel of twenty dogs, or a license tax of twenty-five dollars for a kennel of fifty dogs, and such tax to be subject to and payable in accordance with paragraphs (A) through (G), inclusive, of this section. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in effect immediately upon its passage. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 31st day of January, 1972. No. 20079. ~ A RESOLUTION expressing appreciation to the Mayor of the City of Wonju iand its citizens for recent gifts to the City of Roanoke. WHEREAS, there were presented to the Council of the City of Roanoke at it~ ilmeeting held on January 24 1972, certain gifts sent by the Honorable Kim, Yong- ~iOon, Mayor of the City of Wonju, Republic of South Korea,. and its citizens, said i!gifts consisting of the articles hereinafter mentioned and being sent to the City ilof Roanoke as tokens emanating from the observance of "Roanoke Day" in Wonju, [lheld on November 20, 1971; and WHEREAS, this Council deeply appreciates the gifts of Mayor Kim and the [~citizens of Wonju, transmitted through this City's Sister City Committee, as an expression of the continuing spirit of good will and fellowship between the inhabi- tants of said two cities, and will make provisions as hereinafter provided to supply for them suitable places where they may be kept and preserved and enjoyed by the residents of Roanoke. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that !ithe City of Roanoke accepts the recent valued gifts of the HONORABLE KIM, YONG-OON, ilMayor, and citizens of the City of Wonju, Republic of South Korea, of the articles presented to the Council at its meeting on January 24, 1972, and directs that they be preserved and kept at the following locations, namely: That the Scrapbook, outlining activities of "Roanoke Day," observed on November 20, 1971, in Wonju, be delivered to and kept amongst the official records in the office of the City Clerk, in the Municipal Building; That the nine books having to do with the Republic of South Korea be delivered to and kept at the Roanoke Public Library; and That the two record albums of classical and folk music of Korea and the twenty-four photographs of scenes and persons in Wonju be temporarily placed in the custody of the Council's Sister City Committee, so that arrangement may be made by said Committee for an exchange exhibit of photographs between residents of both said cities and so that the music contained in the record album may be transcribed on tape, for greater dissemination in the Roanoke area; and does hereby formally extend to MAYOR KIM, YONG-OON and to residents of the City of Wonju this Council's expression of appreciation and gratitude for the aforesaid gifts made to this City. BE IT FURTHER RESOLVED that the City Clerk do transmit by airmail to the HONORABLE MAYOR OF WONJU an attested copy of this resolution; and BE IT FINALLY RESOLVED that the Mayor of the City of Roanoke be, and is authorized to appoint a committee of the Council to consider and make recom- mendations regarding the establishment of an appropriate place in the City of Roanoke for the permanent display of the foregoing and other gifts to this City heretofore made by officials and residents of the City of Wonju. ATTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 31st day of January, 1972. No. 20080. A RESOLUTION endorsing a 10-year street and road improvement program for the State, proposed by the Virginia Highway Commission. WHEREAS, the Virginia Highway Commission has adopted a lO-year street and road improvement program for the period 1972-82; and WHEREAS, this program envisions meeting the minimum highway transporta- tion needs of the Commonwealth during this period; and WHEREAS, the lO-year program would provide substantially increased funds to the cities and urban areas of Virginia while at the same time providing for continued improvements of rural portions of the State Highway System; and WHEREAS, the program recommends increased funding and desirable formula changes for making street maintenance payments to the cities, and places an increased emphasis on the improvement of urban mass transportation facilities; and WHEREAS, the additional construction funds which would be provided the City of Roanoke under this program would be a major benefit to a'll of our citizens by permitting development of urgently needed street improvements to relieve con- 9estion and enhance mobility and safety on City streets. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that it does hereby endorse the 1972-82 street and road improvement program recommended by the State Highway Commission, and expresses its belief that imple- mentation of this program is essential if the Commonwealth and her localities are to provide adequate street and road facilities. 218 BE IT FURTHER RESOLVED that said Council does hereby endorse the High- way Commission proposed increase of two cents per gallon in the motor fuel tax to to provide adequate revenue for this program. BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to the Governor of Virginia, the Roanoke City representatives in the General Assembly,, the Virginia Municipal League and the State Highway CommisSioner. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 31st day of January, 1972. No. 20071. AN ORDINANCE to amend and reordain Section ~90,"Sewage Treatment Fund," of the 1971-72 Sewage Treatment Fund Appropriation Ordinance, a~ providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~90, "Sewage Treatment Fund," of the 1971-72 Sewage Treatment Fund Appro- priation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SEWAGE TREATMENT FUND ~90 Operating Supplies and Materials (1) ...... $108,000.00 Extra Help (2) ............................ 15,000.00 Utilities (3) ............................. 73,600.00 (t) Net decrease-- $52,000.00 (2) Net increase .... 12,000.00 (3) Net increase ....... 40,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. A TTE ST: ~>~J,7-~__ APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIa, The 7th day of February, 1972. No. 20057. AN ORDINANCE authorizing and directin9 the City's sale and conveyance to the Commonwealth of Virginia of a parcel of land containin9 10,110 square feet, more or less, and a temporary construction easement on land adjacent thereto, situate at the southwest corner of Orange Avenue, N. 'W., and Courtland Avenue, N. iW., being northerly portions of Official Nos. 3020372 and 3024006, upon certain terms and conditions. 'WHEREAS, the City is the owner of the parcel of land hereinafter des- cribed which, being held as surplus property and not needed for public purposes, was the subject of an offer to purchase made by the State Highway Department; and 'WHEREAS, the City Manager has reported to the Council and has recommend- ed that said offer, being equivalent to the appraised value of said parcel of land, should be accepted and that conveyance of the title to said property and to a temporary construction easement on land adjacent thereto, to the offeror be authorized and directed on the terms hereinafter set forth. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the sale and conveyance of the following described parcel of land situate in the City of Roanoke, viz: BEING a parcel of land containing approximately 10,110 square feet, and lying adjacent to the present south line of Orange Avenue, N. W., at its intersection with the present west line of Courtland avenue, N. N., said 10,110 square foot parcel of land bein9 designated as Parcel "002" on Sheet 5 of the plans for State Highway Project 0460-128-102, R'W-202, a copy of which said plans and said sheet are of record in State Highway Plat Book in the Clerk's Office of the Hustings Court of the City of Roanoke, TOGETHER WITH the right and easement to use such additional areas as are shown on said plans for cut and/or fill slopes required for the proper construction and maintenance of the work, said additional areas containin9 approximately 6,904 square feet; and BEING a portion of the land acquired by the City of Roanoke from the City of Roanoke Redevelopment and Housing Authority by deed dated December 29, 1967, of record in the aforesaid Clerk's Office, in Deed Book 1231, at page 290; to the Commonwealth of Virqinia, for and in consideration of $36,593.00, cash, be, and is hereby authorized and approved, subject to the terms and conditions herein provided, and the City Clerk shall so notify said offeror by transmittal of an attested copy of this ordinance. BE IT FURTHER ORDAINED that the Mayor be, and he is hereby authorized and empowered, for and on behalf of the City, to execute to the aforesaid purchaser 220 a deed of conveyance drawn by the City ~ttorney conveying to said purchaser the ~ fee simple title to the aforesaid parcel, as well as a temporary construction easement on land adjacent thereto, such deed to contain the City's General Warranty of title, and Modern English covenants on behalf of the City, and the City Clerk be, and is hereby, authorized and directed to affix to the aforesaid deed of con- veyance the City's corporate seal and to attest the same, both said officials to thereafter acknowledge their signatures as provided by law. ATTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of February, 1972. No. 20077. AN ORDINANCE permitting an encroachment of not more than eight inches for the first nine feet' and twenty inches over the nine foot level of a new facing on a building over the b~lding setback line on Third Street, S. W., for a distance of approximately one hundred thirty-five feet, said facing to be erected on the west side of a building located on Official No. 1012501, upon certain terms and conditions; and repealing Ordinance No. 19946, heretofore adopted by the Council on November 22, 1971. ~HEREAS, the Council, by Ordinanc~ No. 19946, adopted November 22, 1971, pursuant to plans presented by the Chesapeake and Potomac Telephone Company of Virginia, granted to said company a certain encroachment over the building set- back line on Third Street, S. ~.; which said plans have been revised by said company so as to require a total encroachment of not more than eight inches for the first nine feet and twenty inches over the nine foot level into the building setback line on Third Street, S. W., which said revisions have made insufficient the provisions of Ordinance No. 19946, heretofore adopted by the Council granting an encroachment to said company; and 'WHEREAS, the City Manager has reported that the revised request of said applicant as provided herein will pose no problem to the City in respect to future streets and should therefore be granted, a sketch of the proposed con- struction having been, made and filed in the office of the City Clerk; and WHEREAS, pursuant to the authority vested in local governing bodies by § 15.1-376 of the 1950 Code of Virginia, as amended, this Council is agreeable to said applicant's proposal and is willing to permit the encroachment hereinafter 22 mentioned over and into not more than eight inches for the first nine feet and twenty inches over the nine foot level into the building setback line on Third Street, S. '~.., abutting said applicant's property, upon the terms and conditions hereinafter contained. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, that permission be, and is hereby 9ranted The Chesapeake and Potomac Telephone Company of ¥irginia, owner of the lot described as Official No. 1012501, on which the building occupied by said company at 224 Luck Avenue, S. '~., is located, on the south side of said Luck Avenufi to erect a new facing on the side of said building, approximately one hundred thirty-five feet in length along Third Street, S. which said new facing may encroach westerly for a depth of not more than eight inches for the first nine feet and twenty inches over the nine foot level of said new facing over the buildin9 setback line on the east line of Third Street, S. abuttin9 the aforesaid lot, as the said facing is indicated on a certain sketch showin9 the location and height of the same, a copy of which sketch is on file in the office of the City Clerk, said new facin9 to be properly and safely con- structed and maintained at the expense of the aforesaid applicant, or its assigns, or successors in interest, on permit issued therefor by the Building Commissioner and in accordance with such o£ the City's building regulations and requirements as are applicable thereto and subject, also, to all of the limitations contained in i§ 15.1-376 o£ the 1950 Code of Virginia, abovementioned; it to be agreed by said permittee that by makin9 and maintainin9 such encroachment, said permittee and its assigns or successors in interest agree to indemnify and save harmless the City of Roanoke of and from all claims for injuries or damages to persons or pro- perty that may arise by reason of the encroachment o£ said facing into the buildin9 setback line on Third Street, S. W. BE IT FURTHER ORD/k~NED that the provisions of this ordinance shall not become fully effective until such time as a written permit shall have been issued by the City's Building Commissioner to the aforesaid applicant, or its duly authorized contractor or representative, and until an attested copy of this ordinance shall have been duly signed, sealed and acknowledged by The Chesapeake and Potomac Telephone Company of Virginia, and shall have been admitted to record, at the cost of said permittee, in the Clerk's Office of the Hustings Court of the City of Roanoke. BE IT FINALLY ORDAINED that Ordinance No. 19946, 9ranting said company an encroachment of not more than eight inches for the first twelve feet and twenty inches over the twelve foot level on the aforesaid building, be, and the same is hereby REPEALED. 222 1972: EXECUTED and accepted by the undersigned this day of THE CHESAPEAKE AND POTOMAC TELEPHONE COMPANY OF VIRGINI~ ATTEST: (Title) · Secretary STBTE OF VIRGINIA ~ ,~ To-wit: CITY OF ~ I, , a Notary Public in and for the City of , State of Virginia, do hereby certify that and , President and Secretary respectively, of The Chesapeake and Potomac Telephone Company of Virginia, whose names as such are signed to the foregoing writing bearing date the day of , 1972, have this date personally appeared before me in my City and .State aforesaid and acknowledged the same. GIVEN under my hand this day of , 1972. My commission expires: · ATTE ST: Deputy City Clerk APPROVED Notary Public Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of February, 1972. No. 20083. AN ORDINANCE to amend and reordain Section ~2, "Clerk," of the 1971-72 Appropriation Ordinance, a~ providing for an emergency. WHERE~S, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council ~ the City of Roanoke that Section ~2, "Clerk," of the 1971-72 ~ppropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: 22; CLERK ~2 Personal Services (1) (2) ................ $37,006.00 (1) Extra Help -$2,000.00 (2) Net increase 1,500.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of February, 1972. No. 20084. AN ORDINANCE to amend and reordain Section ~2200, "~Schools - Instruction- al Supplies," of the 1971-72 Appropriation Ordinance, and providin9 for an emeruen- cy. WHERE~$, for the usual daily operation of the Municipal Government of the City of Roanoke, an emeruency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~2200, "Schools - Instructional Supplies," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS - INSTRUCTIONAL SUPPLIES ~2200 Instructional Supplies (1) .............. $261,412.00 (1) Net increase --$4,000.00 BE IT FURTHER ORDAINED that, an emeruency existin9' this Ordinance shall be in effect from its passaue. ATTE ST: Deputy City Clerk ~ P P R 0 V E D Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of February, 1972. No. 20085. AN ORDINANCE to amend and reordain Section =77, "Civic Center," of the 971-72 Appropriation Ordinance, and providin9 for an emergency. 224 'WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~77, "Civic Center," of the 1971-72 appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CIVIC CENTER g77 Personal Services (1) (2) ............... $276,202.00 (1) Overtime $12,200.00 (2) Net increase 9,200.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. aTTEST: Deputy City Clerk aPPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIa, The 7th day of February, 1972. No. 20086. a RESOLUTION confirming the City Manager's appointment of James K. Campbell as Director of the City's Civic Center Department. BE IT RESOLVED by the Council of the City of Roanoke as follows: That the said Council doth hereby confirm the City Manager's appointment of James K. Campbell as Director of the City's Civic Center Department, effective March 6, 1972, as the said appointment was duly reported to the Council bY the City Manager at the Council's meeting held January 31, 1972. iITTE ST: ~~ aPPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIa, The 7th day of February, 1972. No. 20087. a RESOLUTION opposing the passage of House Bill 257 by the General Assembly of Virginia, and calling upon the City's delegation to the General Assembly to seek the defeat of said Bill. 'WHEREAS, this Council is advised th'at there has been introduced in the General Assembly of Virginia, as House Bill 257, proposed legislation that would 22,.. would provide that, notwithstanding any other provision of law to the contrary, the City of Roanoke shall not, for a period of five years from the effective date of the legislation, institute any suit for the purpose of annexin9 any of the territory adjoining the present corporate limits of the City; and that, as introduced, said Bill is directed solely to the City of Roanoke, and would be unconstitutional.. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council is most strongly opposed to the provisions contained in House Bill 257, pendin9 before the General Assembly of Virginia, regarding its contents and provisions vindictive, discriminatory and unconstitutional. BE IT FURTHER RESOLVED that this Council earnestly calls upon the members of the City's delegation to the General Assembly of Virginia and upon the various committees before whom said Bill may be considered to strenuously oppose and seek the defeat of the aforesaid proposed legislation; the City Clerk to forthwith transmit to the members of the City's delegation to said General Assembly attested copies of this Resolution. A P P R 0 V E D ~TTEST: ~~ Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of February, 1972. No. 20088. h RESOLUTION requesting certain changes in the wording of House Bill 129, pending before the General Assembly of Virginia. '~HEREAS, in order that it be clearly and expressly provided that the deputy clerks and clerical assistants appointed and employed in the Municipal Court of the City of Roanoke be considered and treated as employed personnel of the City and, as such, participate in the City's Employees' Retirement System and be entitled to the benefits provided, generally, for employees of the City; that the Chief Municipal Judge appoint all such deputy clerks and clerical assistants; and that said deputy clerks, when authorized by the Chief Municipal Judge, have the authority to commit to jail persons arrested or charged with commission of crime, the Council, considering the proposed amendment of Sec. 28 of the Roanoke Charter of 1952, as contained in House Bill 129, pendin9 before the General Assembly of ¥irginia, considers that the third paragraph of Sec. 28. Clerk of the municipal court; deputy clerks, should be changed to read as hereinafter provided. 226 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City's delegation to the General hssembly of Virginia and the committees before whom House Bill 129 therein shall be considered, be and are hereby resPectfully requested to change the third paragraph of Sec. 28. Clerk of the municipal court; deputy clerks, as contained in the legislation introduced in said General Assembly as House Bill 129, to read and provide as follows: With the approval of the city council expressed by ordinance providing for their compensation and subject to the provisions of this charter and to rules and reaulations expressed by ordinance of the city relating to employment by the city and to conditions of employment of such employees, the chief municipal judae may appoint such number of deputy clerks and other clerical assis- tants as may be necessary for the efficient operation of the Municipal Court, all such appointments and the continuance in office of all such deputies and clerical assistants to be subject to the continuing approval of the chief municipal judge. All s~ch deputies and clerical assistants shall participate in the Employees' Retirement System of the City of Roanoke and shall be entitled to the benefits provided, generally, for employees of the city. Deputy clerks shall be conservators of the peace within the jurisdiction of the Municipal Court. Such deputy clerks shall have the power and authority, when authorized by the chief muni- cipal judge, to take affidavits, administer oaths and affirmations, issue civil warrants, abstracts of judgment, subpoenas for witnesses, warrants of arrest and search warrants in criminal cases, as well as any criminal writ or process which the clerk of the Municipal Court or a justice of the peace might issue.; and may commit to iail and may admit to bail persons arrested for or charged with commission of crime; all such warrants, subpoenas, writs and pro- cesses to be issued in the name of the Municipal Court and signed by such deputy clerk as a * magistrate of said court, by which title he shall be known and referred to. BE IT FURTHER RESOLVED that the City Clerk do forthwith transmit atteste, copies of this resolution to the delegation of the City of Roanoke in the General tssembly of Virginia; and that the City ~ttorney and other City officials be authorized to appear before appropriate committees of the General ~ssembly in behalf of the foregoing proposal. APPROVED ATTE ST: ~O~-~._ Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIa, The 7th day of February, 1972. No. 20089. AN ORDINANCE exercising the right to purchase a parcel of land contain- ing approximately 0.044 acre, being part of Official Tax No. 2130417, in the City of Roanoke, and a temporary construction easement to enter upon an adjacent 176 square foot parcel, and needed for the City's Industrial ~ccess Road Project 9999-128-103, C-502, upon certain terms and provisions; providing for notice of the City's exercise of written purchase options for said land; providing for payment of the purchase price thereof upon delivery of a deed to the City and for recordation of said deed; and providing for an emergency. 'WHEREAS, the City of Roanoke, on December 10, 1971, and December 14, 1971, entered into purchase option agreements with the owners and contract pur- chasers of a certain parcel of land situate south of the southerly line of Alview Avenue, N. W., and being a portion of Official Tax No. 2130417, in the City, whereby the City was granted the option to purchase said land upon certain terms and provisions hereinafter set forth; and WHEREAS, the City needs such land for the construction of its Industrial Access Road Project 9999-128-103, C-502, and funds sufficient for the payment of the purchase price have heretofore been appropriated by the ~uncil; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City's right to purchase that certain parcel containing approximately-0.044 acre, lying south of t'he southerly line of Alview Avenue, N. W., and being a portion of Official Tax No. 2130417, in the City of Roanoke, shown in detail as Parcel 015 on Sheet 4 of the plans for Project 9999-128-103, C-502, from James H' Willie and Ruby C. 'Willie, husband and wife, owners, and Philip J. Bolden and Lois L. Bolden husband and wife, contract purchasers, pursuant to written purchase option agree- ments dated December 10, 1971, and December 14, 1971, made by the City with said owners and contract purchasers, be and the same are hereby exercised, and the City Attorney be and is hereby directed to notify, forthwith, said owners and contract purchasers, of the City's aforesaid election, by mailing to them, by certified mail, an attested copy of this ordinance. BE IT FURTHER ORDAINED, that, upon certification by the City Attorney of 9ood title to said land and upon delivery to the City of a good and sufficient deed of conveyance, prepared and approved by the City Attorney and made with General Warranty of Title and Modern English Covenants, the City Auditor be and is hereby authorized and directed to issue and deliver to the City Attorney for delivery to said owners and contract purchasers, the City's checks not to exceed a total of $235.00, in payment of the agreed purchase price of said land; thereafter said deed to be recorded in the Clerk's Office of the Hustings Court of the City of Roanoke, Virginia. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance shall be in force and effect upon its passage. A P P R 0 V E D ATTE ST: Deputy City Clerk Mayor 228 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of February, 1972. No. 20090. A RESOLUTION initiating an amendment of Seca. 8, 10 and 11, Chapter 4.1, Title XV of the Code of the City of Roanoke, 1956, as amended,, relating to Zoning, permitting the operation of day care centers in C-l, C-3 and C-4 districts as a special exception after public notice and hearing by the Board of Zoning Appeals. WHEREAS, the Planning Commission, in report to the Council, dated Feb- ruary 3, 1972, recommended that the Zoning Ordinance should be amended so as to permit the operation of day care centers in C-l, C-3 and C-4 districts as a special exception after public notice and hearing by the Board of Zoning Appeals, in which recommendation the Council concurs. THEREFORE, BE IT RE:SOLVED by the Council of the City ~ Roanoke that said Council doth hereby propose the following: .1. That the paragraph entitled Special exceptions after public notice and hearin~ by the board_ of. zoning appeals, of Sec. 8, Chapter 4.1, Title XV of t~Code of the City of Roanoke, 1956, as amended, be amended and reordained by the addition of a new subsection, to be numbered 8., and to read and provide as follows: 8. Private day nurseries and kindergartens, as for RS districts. 2. That the paragraph entitled Special exceptions after public notice ~nd hearinq by the board of zoning appeals, of Sec. 10., Chapter 4.1, Title XV, of the Code of the City of Roanoke, 1956, as amended, be amended and reordained to read and provide as follows: 1. High-rise apartments, subject to the provisions of section 24 of this chapter. 2. Private day nurseries and kindergartens, as for RS districts. 3. That the paragraph entitled Special exceptions after public notice and hearing by the board of zoninq appeals, of Sec. 11, Chapter 4.1, Title XV, of the Code of the City of Roanoke, 1956, as amended, be amended and reordained by the addition of a new subsection, to be numbered 3., and to read and provide as follows: 3. Private day nurseries and kindergartens, as for RS districts. BE IT FURTHER RESOLVED that a public hearing be held on February 28, 1972, at 2:00 o'clock P.M., before the Council on said Council's proposal to amend said sections as herein provided; and the Clerk shall forthwith cause to be published due notice of such public hearing. ATTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of February, 1972. No. 20091. A RESOLUTION relating to REX T. MITCHELL, JR., Acting Director of the Roanoke Civic Center. 'WHEREAS, Rex T. Mitchell, Jr., upon the resignation of the prior Civic Center Director, was designated by the City Manager to serve as Acting Director of the Civic Center Department until such time as a new Director was selected for the position; and WHEREAS, Mr. Mitchell has performed the duties charged to him in highly proficient and satisfactory manner and has exhibited great interest and ability in the overall operation of the Civic Center. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council doth publicly commend REX T. MITCHELL, JR., for his service as Actin9 Director of the Civic Center Department; and this Council extends to him its appreciation and that of the citizens of the City ~r the outstanding performance of duties he has rendered in this capacity. BE IT FURTHER RESOLVED that the City Clerk do transmit to Mr'. Mitchell an attested copy of this resolution on behalf of the Council. ATTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of February, 1972. No. 20092. AN ORDINANCE to amend and reordain Section ~1, "Council," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist.. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =1, "Council," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: 230 COUNCIL Gratuities (1) (2) ............................. $1,358.35 (1) Net increase ,$858.35 (2) Cost of full page advertisement to be published in the Roanoke Times on Sunday, March 19, 1972, in connection with the centennial of Virginia Polytechnic Institute and State University. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of February, 1972. No. 20093. A RESOLUTION approving, in general, a recommendation of certain extensive renovations to the Courthouse Building of the City; approving, in general, a schematic plan presented by the City Manager for such renovations, if the same be Similarly approved by others in authority having power of approval; and directing the City Manager to determine whether said general plan will provide suitable space and facilities for the Courts and public offices for which the City is responsible, and to make further report thereon to the Council. WHEREAS, the City Manager, at an informal meeting with the Council held on February 3, 1972, and in further elaboration on his written report made to the Council January 24, 1972, made recommendation for certain extensive alteration and remodeling of the City's Courthouse Building, so as to enlarge, remodel and make suitable certain of the Courts of the City and their facilities and the offices and facilities of certain of the public offices of the City which are the responsibility of the City to provide, and presented to the Council various schematic displays showing alternate arrangements of designated courts and office spaces in said building with tentative estimates of the cost of effecting such remodeling and of equipping and furnishing the remodeled areas; and 'WHEREAS, the Council, being generally favorable to the remodeling scheme depicted on display board B-2 presented by the City Manager, desires that steps be taken to immediately proceed with the preparation of working plans and specifi- cations for such improvements. 231 follows: THEREFORE, BE IT RESOLYED by the Council of the City of Roanoke as 1. That the Council approves the remodeling of the whole interior of the first three floors of the Courthouse Building and the provision of lighting, heating, plumbing and air conditioning systems so as to provide suitable space, offices and facilities for the several courts of record of the City and their judges and for other public offices of the City which are the responsibility of the City to provide and, for the purposes of such remodeling, favors, generally, the schematic plan exhibited by the City Manager as display B-2. 2. That the City Manager be and he is hereby directed to wait upon and confer with the Honorable Judge of the Hustings Court of the City of Roanoke as to the suitability of such renovations and improvements and as to the arrangement of courts, offices and other spaces as is generally shown on the City Manager's schematic display B-2; and 3. That the City Manager make further report to the Council at the earliest practicable time so that further provisions may be made by the Council for effecting the improvements to the Courthouse Build:ing settled upon. ATTE ST: DepuW City Clerk ~ P P R 0 V E D Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of February, 1972. No. 20094. A RESOLUTION approving, in general, a recommended plan for the removal of the Juvenile and Domestic Relations Court and the Police Department into the former Reid and Cutshall Building located on Third Street and Campbell Avenue, S.W. and of a plan for remodeling of the interior and exterior of said building; and directing the City Manager to make the necessary arrangements with certain archi- tects and engineers for the preparation of detailed working plans and specifica- tions for such improvements, and to make further report to the Council. WHEREAS, the City Manager, at an informal meetin9 with the Council held on February 3, 1972, and in further elaboration on his written report made to the Council on January 24, 1972, made recommendation that the Juvenile and Domestic Relations Court and the Police Department be moved into renovated quarters in the former Reid and Cutshall Building located at Third Street and Campbell Avenue, S. W., and presented to the Council various schematic displays showing alternate 232 arrangements of designated office space in said building with tentative estimates of the costs of effecting such remodeling and of equipping and furnishing the remodeled areas and the exterior of said building; and 'WHEREAS, the Council, being generally favorable to the remodeling scheme recommended by the City Manager, desires that steps be taken to immediately pro- ceed with the preparation of detailed working plans and specifications for such improvements. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Council approves the removal of the Juvenile and Domestic Relations Court and the Police Department to quarters to be located in the former Reid and Cutshall Build- ing located at Third Street and Campbell Avenue, S. W., and the remodeling of the interior and exterior of such building and the provision of lighting, heating, plumbing and air conditioning systems so as to provide suitable and adquate office space for such court and department, as recommended by the City Manager. BE IT FURTHER RESOLVED that the City Manager is directed to make all necessary arrangements with qualified architects and engineers for the prompt preparation of detailed working plans and specifications for such improvements, and to make further report to the Council at the earliest practicable time so that further provision may be made by the Council for effecting such improvements to the said Third Street Building. ATTE ST: CG~ Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF .ROANOKE, VIRGINIA, The 14th day of February, 1972. No. 20081. AN ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, and Sheet No. 204, Sectional 1966 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have Lots 2 through parts of lB and 19, inclusive, Block 9, Lincoln Court, Official Tax Nos. 2041325 - 2041341, inclusive, rezoned from IDM, Industrial Devel- opment District to C-4, Central Business District Expansion Area; and WHEREAS, the City Planning Commission has recommended that the herein- after described land be rezoned from IDM, Industrial Development District, to C-4, 23, Central Business District Expansion Area; and WHEREAS, the written notice and the posted sign required to be publish- ed and posted, respectively, by Section 71, Chapter 4.1, Title X¥, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, have been published and posted as required and for the time provided by said Section; and WHEREAS, the hearing as provided for in said notice was held on the 7th day of February, 1972, at 2 p.m., before the Council of the City of Roanoke, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the evidence as herein provid- ed, is of the opinion that the hereinafter described land should be rezoned. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, and Sheet No. 204 of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz.: Property located on Carver Avenue in the City of Roanoke, Virginia, described as Lots 2 through parts of 18 and 19, inclusive, Block 9, Lincoln Court, designated on Sheet 204 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax Nos. 2041325 - 2041341, inclusive, be, and is hereby, changed from IDM, Industrial Development District, to C-4, Central Business District Expansion Area, and that Sheet No. 204 of the aforesaid map be changed in this respect. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of February, 1972. No. 20082. AN ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, and Sheet No. 277, Sectional 1966 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roa- noke to have a 2.467 acre parcel situate on the southeasterly corner of the Hershberger Road - Peters Creek Road intersection and designated as Official Tax No. 2770301 rezoned from C-I, Office and Institutional District, to C-2, General Commercial District; and, 234 WHEREAS, the City Planning Commission has recommended that the herein- after described land be rezoned from C-l, Office and Institutional District, to C-2, General Commercial District; and, WHEREAS, the written notice and the posted sign required to be publish- ed and posted, respectively, by Section 71, Chapter 4.1, Title XV, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, have been published and posted as required and for the time provided by said section; and, WHEREAS, the hearing as provided for in said notice was held on the 7th day of February, 1972, at 2:00 p.m., before the Council of the City of Roanoke, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and, WHEREAS, this Council, after considering the evidence as herein provid- ed, is of the opinion that the hereinafter described land should be rezonedo THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, and Sheet No. 277 of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz.: Property located on the southeasterly corner of the Hershberger Road - Peters Creek Road intersection described as: BEGINNING at an iron stake on the easterly line of Peters Creek Road, N. W. (30 feet from the centerline of the original road) 303.6 feet northerly from th,e north side of an alley; thence with said easterly line of Peters Creek Road, N. W. 8o 53' E. 195.20 feet to an iron stake at the beginning of a curve; thence with a line curving to the right, whose radius i's 50.00 feet and whose chord bearing and distance is N. 51° 53' 30" E. 68.21 feet, an arc distance of 75.06 feet to an iron stake on the southerly right-of-way line of Hershberger Road as established in 1953, 25.00 feet from the center of said road; thence with said right-of-way line S. 85o 06' E. 423.96 feet to an iron stake corner to the property of Samson S. St. Clair; thence leaving Hershberger Road and with St.Clair's line S. 2° 21' W. 203.46 feet to a fence post corner on the line of the property of Robert J. Derenge; thence with the same N. 89o 51' W., passing an iron pipe on line at 213.74 feet, in all a total distance of 347.50 feet to an iron stake; thence N. 88o 37' W. 150.42 feet to the point of Beginning, containing 2.467 acres as shown by plat of survey prepared by David Dick and Harry A. Wall, Civil Engineers and. Surveyors, dated June 19, 1971; and, BEING the same property conveyed to Donald G. Sink, F. Earl Frith and James D. Fralin from Thomas L. Booker and Virginia M. Booker, husband and wife, by deed dated June 29, 1971, of record in the Office of the Clerk of the Hustings Court of the City of Roanoke; and, designated on Sheet No. 277 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax No. 2770301, be, and is hereby, changed from C-l, Office and Insti- tutional District, to C-2, General Commercial District, and that Sheet No. 277 of the aforesaid map be changed in this respect. APPROVED ATTE ST: Deputy City Clerk Mayor 23E IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of February, 1972. No. 20095. AN ORDINANCE to amend and reordain Section ~5300, "Schools - Maintenance of Equipment," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~5300, "Schools - Maintenance of Equipment," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS - MAINTENANCE OF EQUIPMENT =5300 Maintenance of Equipment (1) .......... $2,016.05 (1) Net increase ---$316.05 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTE ST: Deputy City Clerk APPROVED Ma yo r IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of February, 1972. No. 20096, AN ORDINANCE to amend and reordain Section ~21000, "Schools - Manpower Development and Training Act," of the 1971-72 Appropriation Ordinance, and pro- viding for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~21000, "Schools - Manpower Development and Training Act," of the 1971- 72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS - MANPOWER DEVELOPMENT AND TRAINING ACT ~21000 Personal Services (1) .............. $11,674.25 Supplies (2) ....................... Equipment (3) ...................... Operations (4) ..................... Fixed Charges (5) .................. 5,097.61 1,611.50 1,739.00 2,352.23 (1) Net increase $1,965.00 236 (2) Net increase (3) Net increase (4) Net increase (5) Net increase $2,095.00 635.00 649.00 117.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED Deputy City Clerk Ma yor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of February, 1972. No. 20097. AN ORDINANCE to amend and reordain Section ~2875, "Schools - In Service Training," of the 1971-72 Appropriation Ordinance, and providing for an emergen- cy. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~2875, "Scho'ols - In Service Training," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS - IN SERVICE TRAINING ~2875 In Service Training (1) ............ $26,948.00 (1) Net increase $4,773.00 BE iT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED Deputy City Clerk Ma yo r IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of February, 1972. No. 20098. AN ORDINANCE to amend and reordain Section ~1, "Council," of the 1971- 72 Appropriation Ordinance, and providing for an emergency. 23'; WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~1, "Council," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: COUNCIL ~1 Public Ceremonies (1) .............. $400.00 (1) Net increase -$400.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Deputy City Clerk Ma yor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of February, 1972. No. 20099. AN ORDINANCE to amend and reordain Section ~21, "Lunacy Commissions," of the 1971-72 Appropriation Ordinance, and providin9 for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~21, "Lunacy Commissions," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: LUNACY COMMISSIONS ~21 Fees for Professional & Special Services (1) ....................... $10,000.00 (1) Net increase .... $4,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Deputy City Clerk APPROVED Mayor 238 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of February, 1972. No. 20100. AN ORDINANCE to amend and reordain Section ~88, "Sewer and Drain Con- struction," and Section ~47, "Fire Department," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~88, "Sewer and Drain Construction," and Section ~47, "Fire Department," of the 1971-72 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: SEWER AND DRAIN CONSTRUCTION ~88 Operational ~ Construction Equipment - Replacement (1) ........ $15,021.91 FIRE DEPARTMENT ~47 Vehicular Equipment - New (2) ...... $58,978.09 (1) Net decrease- $4,978.09 (2) Net increase 4,978.09 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED Deputy City Clerk Ma yor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of February, 1972. No. 20101. AN ORDINANCE providing for the purchase of one new fire truck, upon certain terms and conditions; accepting a certain bid made to the City for fur- nishing and delivering said equipment; and providing for an emergency. WHEREAS, on January 25, 1972, and after due and proper advertisement had been made therefor, a certain bid for the supply to the City of the equipment hereinafter mentioned was opened in the office of the City"s Purchasing Agent by three members of a committee appointed for the purpose, and thereafter was tab- ulated and studied by the committee which has made written report and recommenda- tion to the Council through the City Manager; and 23 WHEREAS, the City Manager, concurring in the committee's report has transmitted the same to the Council, recommending award of the contract as here- inafter provided; and the Council, considering all of the same, has determined that the bid hereinafter accepted is the lowest, best and only bid made to the City for the supply of said equipment, and that funds sufficient to pay for the purchase price of said equipment have been or are being appropriated; and WHEREAS, for the usual daily operation of the municipal government, it is necessary that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the bid of Oren Roanoke Corporation of Vinton, Virginia, to furnish and deliver to the City one new Oren Model 1002 Triple Combination Pumper with Waterous Model CM-IO00 Two Stage Centrifugal Plump mounted on an International FTCO-2010 Chassis, for a net purchase price of $34,978.09, cash, fully meeting the City's specifications therefor, be and said bid is hereby ACCEPTED: and the City's Purchasing Agent be, and he is hereby authorized and directed to issue the requi- site purchase order therefor, incorporating into said order the City's aforesaid specifications, the terms of said bidder's proposal and the terms and provisions of this ordinance; the cost of said equipment when delivered, to be paid for out of funds heretofore or contemporaneously appropriated for the purpose. BE IT FURTHER ORDAINED that upon delivery to the City of the aforesaid equipment and upon the City's acceptance of the same, the City Auditor shall be, and he is hereby authorized and directed to make the requisite payment to said bidder of the aforesaid purchase price, not to exceed the sum hereinabove set and BE IT FINALLY ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage. ATTEST: Deputy City Clerk APPROVED Mayor out; shall IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of February, 1972. No. 20102. AN ORDINANCE to amend and reordain certain Sections of the 1971-72 Appropriation Ordinance, and providing for an emergency. 240 WHEREAS, for the usual daily operation of the Municipal Government 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 1971-72 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: JUVENILE AND DOMESTIC RELATIONS COURT ~19 Utilities (1) ...................... $ 2,000.00 (1) Net increase --$700.00 ENGINEERING ~55 Personal Services (1) .............. $ 230,220.00 Overtime (2) ....................... 1,200.00 (1) Net decrease--- (2) Net increase. MARKET ~66 -$700.00 700 .O0 Personal Services (1) .............. $ Extra Help (2) ..................... (1) Net increase (2) Net increase REFUSE COLLECTION g DISPOSAL ~69 $750.00 750.00 52,796.00 1,950.00 Supplies and Materials Construction (1) ... $ 25,984.83 Vehicular Equipment - Replacement (2) ...... 138,315.17 (1) Net decrease $15.17 (2) Net increase 15.17 RECREATION, PARKS AND RECREATIONAL AREAS ~75 Other Equipment - Replacement (1) ......... $ 233.81 Advertising (2) .......... ; ................ 516.19 (1) Net decrease .... $16.19 (2) Net increase 16.19 SEWER AND DRAIN CONSTRUCTION ~88 Personal Services (1) ..................... $ 90,497.00 Overtime (2) .............................. 400.00 (1) Net increase ............. $200.00 (2) Net increase .... 200.00 INTEREST ON INDEBTEDNESS ~95 Bond Issue and Cremation (1) .............. $ 2,O31.73 (1) Net increase ---$2,031.73 STADIUM ~ ATHLETIC FIELD ~76 Personal Services (1) ..................... $ 24,848.00 Overtime (2) .............................. 4,200.00 (1) Net increase ---$1,200.00 (2) Net increase 1,200.00 BE IT FURTHER ORDAINED that, an emerqency existin9, this Ordinance shal be in effect from its passage. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of February, 1972. No. 20104. A RESOLUTION approving the City Manager's application to the Department of Housing and Urban Development for recertification of the City's Workable Pro- gram for Community Improvement to be made under date of February 14, 1972. WHEREAS, the City Manager has reviewed the last year's progress under the City's Workable Program for Community Improvement and has caused to be com- piled and submitted to the Council a report in the matter and an application, made on Form HUD-lO81 (11-68) and dated this day, proposed to be made to the Department of Housing and Urban Development for recertification of the City's said Workable Program; and WHEREAS, upon consideration and review of said report and proposed application, the Council concurs in all of the same. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the application of the City of Roanoke to the Department of Housing and Urban Development, made under date of February 14, 1972, by the City Manager, for re- certification of the City's Workable Program for Community Development, a copy of which is on file in the office of the City Clerk, be and the same is hereby APPROVED; and that copies thereof be submitted by said City Manager to the Depart- ment of Housing and Urban Development. ATTEST: Deputy City Clerk APPROVED Mayor 242 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of February, 1972. No. 20103. AN ORDINANCE authorizing and providing for the City's acquisition of a certain perpetual easement in land needed for the proposed construction of a sanitary sewer line through property known as Lot 18, Block 6, Map of Exchange Building 5 Investment Company, in the City of Roanoke, upon certain terms and conditions; and, in consideration of the grant of said easement, providing for the City's release, quitclaim and abandonment of all right, title and interest in and to a portion of an adjacent sanitary sewer easement reserved in a former alley, previously vacated, situate adjacent and to the east of Lot 20, of the aforesaid subdivision. WHEREAS, Hayes, Seay, Mattern ~ Mattern, a Virginia partnership, has petitioned the Council to abandon certain portions of an existing sanitary sewer easement running through portions of a former alley, such easement having been reserved when said alley was vacated, discontinued and abandoned by the Council as a public alley by Ordinance No. 8781, adopted October 7, 1946, such easement, further, being situate between Lots 10 and 20, and between Lots 20, 21, 22 and a portion of Lot 23 of Block 6 of the map of Exchange Building ~ Investment Company. and have offered, in return for the release, quitclaim and abandonment of said easement, to grant and convey unto the City a new easement for sanitary sewer purposes through a certain adjacent portion of said owner's property; and have tendered to the City the requisite deed of easement which is on file in the Offic of the City Clerk; and WHEREAS, the City Manager has advised ~he Council that all the expenses of the relocation of the sanitary sewer line presently existing in said former alley to its proposed adjacent location will be borne by the owners of the pro- perty, and has recommended that the existing easement be released and relocated, such release and relocation being shown in detail on a certain plat attached to the deed of easement tendered to the City as aforesaid; in which recommendation the Council concurs. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the City doth hereby accept the offer of Hayes, Seay, Mattern ~ Mattern, a Virginia partnership, to grant-and convey to the City a certain per- petual easement through property in the City of Roanoke within a right-of-way, 15 feet in width, bounded and described as follows: 24,: BEGINNING at a point on the north side of Allison Avenue, S. W., which point is N. 83° 48' 56" W. 291.73 feet from an iron stake in the northwest corner of Franklin Road and Allison Avenue, S. W., said beginning point further being the southern- most common corner of Lots 17 and 18, Block 6, Map of Exchange Building g Investment Company of 1891, thence, leaving said beginning point, along the boundary line of Lots 17 and 18, aforesaid, N. 60 08' 44". E. 129.93 feet to a point on the south line of a 10 foot wide alley; thence, along said alley S. 83° 48' 20" E. 15 feet to a6P°int;o thence, along a new line through Lot 18, S. 08' 44" W. 129.93 feet to a point on the north side of Allison Avenue, S. W.; thence, with the same, N. 830 48' 56" W. 15 feet to the Place of Beginning; and being shown in detail on that certain plat entitled "Property of Hayes, Seay, Mattern g Mattern, Showing Existing and Proposed Sewer Easements" dated February 4, 1972, which plat. is on file in the Office of the City Clerk; and BEING a part of the same property acquired by Hayes, Seay, Mattern G Mattern, a Virginia partner- ship, by deed dated October 5, 1971, from Rova Corporation, of record in the Clerk's Office of the Hustings Court of the City of Roanoke, Virginia. for a nominal consideration of ONE DOLLAR ($1o00), cash, and that proper City officials be, and they are hereby authorized and directed to accept for the City the deed of easement in the premises, approved as to form by the City Attorney. 2. That the Mayor and City Clerk be, and they are hereby authorized and directed for and on behalf of the City to execute, seal and attest respectively~ a deed o£ release and quitclaim pursuant to which deed the City would release, quitclaim and convey unto the fee simple owner all of the City's right, title and interest in and to a portion of that certain sanitary sewer main and easement therefor, situate in a former alley, previously vacated, discontinued and abandon- ed by the Council as a public alley, such easement, further, being situate between Lots 10 and 20 and between Lots 20, 21, 22 and a portion of Lot 23 of Block 6 of the Map of Exchange Building and Investment Company, in the City as shown in detail on a plat prepared by Hayes, Seay, Mattern G Mattern, under date of February 4, 1972, and entitled "Property of Hayes, Seay, Mattern G Mattern, showing existing and proposed sewer easements", said deed of release and quitclaim to be prepared and approved as to form by the City Attorney. A TTE ST: APPROVED Deputy City Clerk Mayor 244 IN THE COUNCIL OF THE CITY OF ROANOEE, VIRGINIA, The 22nd day of February, 1972. No. 20105. AN ORDINANCE proposing a long-range use of the City's sewage treatment plant and related sewerage system as a regional facility, to treat wastes originating within defined areas of the Roanoke Valley area; approving certain contracts prepared to be entered into with certain governing bodies within said area; conditionally authorizing the Mayor and the City Clerk to execute said contracts for and on behalf of the City of Roanoke; authorizing the Mayor to execute certain letters of transmittal relative to said contracts, and directing the City Manager to cause delivery of said letters to be made; providing for the City's participation with representatives of other localities in continuing study of the best means whereby proper sewerage of all areas of the Roanoke Valley area may be provided; and providing for an emergency. WHEREAS, for lack of satisfactory arrangements between the five govern- ing bodies in the Roanoke Valley area of the Fifth Planning District, relating to the transportation and treatment of sewage and industrial wastes in said area, the planning, construction and funding of certain needed and essential sewerage facilities are being postponed and delayed, albeit this City has, for a number of years, transported and treated in its sewage treatment plant, under written contracts with the County of Roanoke and with the City of Salem large quantities of wastes from those other areas, and has formally offered to accept and treat certain excess wastes of the Town of Vinton, adjoining the City to the east; and WHEREAS, after meetings held and negotiations conducted by a committee of the Council with similar committees and representatives of other governing bodies in the Roanoke Valley area, this Council's committee has developed and prepared written contracts proposed to be entered into between the City of Roa- noke and Roanoke County and between the City of Roanoke and the City of Salem, in the premises, which said proposed contracts are drawn under date of February 29, 1972, and contain the City's commitment that its sewage treatment plant and related system be used by all governmental units of the Roanoke Valley area as a regional facility for a period of at least thirty, (30), years, and the terms upon which such use would be made and upon which new or additional facilities would be provided, and provide, further, for continuing studies by participating parties of the best means whereby proper sewerage of parts of the Roanoke Valley area may be provided; and · " WHEREAS, this Council's committee has recommended that the City of Roa- noke offer to enter into the aforesaid contracts with the County of Roanoke and with the City of Salem and offer to enter into similar contractual aqreements with the County of Botetourt and with the Town of ¥inton, adopted to the peculiar facts and circumstances of each said case but upon the same qeneral arranoements and at the same rates of charqe as provided in the contracts proposed to be entered into with the County of Roanoke and with the City of Salem; and WHEREAS, the Council concurs in its committee's aforesaid recommendations and, for the preservation of the public health and safety and for the daily operation of the municipal oovernment deems such emergency to exist that this ordinance take effect upon its passage. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the City of Roanoke is committed to and doth hereby reaffirm its interest in the concept of and its desire to participate in the firm estab- lishment of a regional system and arranqement for the transportation and treat- ment of sewaoe and certain industrial wastes oriqinatinq in the Roanoke ~;alley area of the Fifth Planninq District, to the extent that its present and future sewaoe treatment plant and related transmission facilities be committed, under equitable contracts to be entered into with other ooverninq bodies in said area, to accept, transport and treat allocated quantities of the sewaqe and wastes oriqinatin9 in areas outside the City's corporate limits, and to participate, in the future, in the provision of such new or additional transmission or treat- ment facilities as may be needed and as may be mutually aoreed upon by partici- patin9 parties. 2. That the form of contracts prepared by the Council's committee to be entered into between the City and the County of Roanoke, and between the City and the City of Salem, drawn by the City Attorney under date of February 29, 1972, copies of which such contracts are on file in the office of the City Clerk, this day presented to and considered by this body, pursuant to which the City would obliqate itself for a period of thirty, (30), years to transport to and treat at its sewa§e treatment plant normal sewaqe and certain industrial wastes orioinatin9 within defined areas set out in said contracts, would aqree to par- ticipate with said other qovernin9 bodies as therein provided in provision of certain joint-use seweraqe facilities, and would aoree to undertake joint studies for the purpose of evaluatin9 and determininq upon the best means and arran§e- ments whereby proper and adequate seweraqe facilities may be provided to all parts of the Roanoke ~;alley area, and whereby both parties to each said contract would aqree to cooperate with and assist all parties participatinq, now and hereafter, in the joint use of the City's treatment plant and sewerage system in meeting the needs of the respective parties with reference to proper and ad- equate sewerage within their respective areas of responsibility, be, and each aforesaid contract is hereby APPROVED. 3. That the City of Roanoke offers to enter into similar written con- tracts .with the Town of Iginton and with the County of Botetourt providing for the City's acceptance and transmission and treatment of wastes from said Town and from said County for the same period of time and for the same rates and charges and upon the same general terms and provisions as are set out in the aforesaid contracts proposed to be entered into with the County of Roanoke and with the City of Salem, but adapted, where agreed to be necessary, to any peculiar facts or circumstances of either said Town or other County. 4. That the Mayor be, and he is hereby authorized to transmit to the Board of Supervisors of Roanoke County and to the Council of the City of Salem a copy of the written contract herein approved and offered to be entered into with each said other governmental unit, respectively, together with an attested copy of this ordinance, with respectful request that each said proposed contract be considered and acted upon, respectively, by said other governing bodies at the earliest practicable moment; and that copies of this ordinance and of the contracts herein approved and copies of the Mayor's letter of transmittal of said contracts to the Board of Supervisors of Roanoke County and to the Council of the City of Salem be sent to the Council of the Town of Vinton and to the Board of Supervisors of Botetourt County, as evidence of the City's commitments and proposals herein made; and, further, that copies of all aforesaid papers be transmitted to the Fifth Planning District Commission and to the State Water Control Board 5. That if and when the written contract herein approved to be entered !~ into with the County of Roanoke be executed by the proper officials of the County of Roanoke, for and on behalf of said County, the Mayor and the City Clerk of .the City of Roanoke be, and they are hereby, authorized and directed to execute and to seal and attest, respectively, said contract for and on behalf of the City of Roanoke; and 6. That if and when the written contract herein approved to be enter- ed into with the City of Salem be executed by the proper officials of the City of Salem, for and on behalf of said City of Salem, the Mayor and the City Clerk of the City of Roanoke be, and they are hereby, authorized and directed to exe- cute and to seal and attest, respectively, said contract for and on behalf of the City of Roanoke. ATTEST: BE IT FURTHER ORDAINED that the City Manager be, and he is hereby directed to cause prompt hand delivery to be made of the transmittals herein directed to the Board of Supervisors of Roanoke County, the Council of the City of Salem, the Council of the Town of Vinton and the Board of Supervisors of Botetourt County, by delivery to clerks of the respective governing bodies. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage. APPROVED Deputy City Clerk Ma yo r IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of February, 1972. No. 20113. AN ORDINANCE to amend and reordain Section =77, "Civic Center," of the 1971-72 Appropriation Ordinance, and providin9 for an emerqency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~77, "Civic Center," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CIVIC CENTER ~77 Exhibitions (1) ................... $860,000.00 (1) Net increase ........ $300,000.~00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. A TTE ST: APPROVED Deputy City Clerk Mayor 248 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of February, 1972. No. 20106. AN ORDINANCE enacted pursuant to the provisions of Section 15.1-364 of the Code of Virginia as amended to date, providing for vacating, discontin- uing and closing a certain alley 12 feet wide running from Kessler Road to East Gate Avenue between 20th Street and 21st Street, N. E., and a certain alley 12 feet wide running from 2Otb Street to 21st Street, N. E. between Kessler Road and East Gate Avenue, being all of the alleys shown in Block 7 of the Map of East Gate Addition to the City of Roanoke, Virginia. WHEREAS, a petition has been filed with the Council of the City of Roanoke pursuant to the provisions of Section 15.1-364 of the Code of Virginia as amended to date, wherein it is asked that a certain alley 12 feet wide running from Kessler Road to East Gate Avenue between 20th Street and 21st Street, N. E., and a certain alley 12 feet wide running from 20th Street to 21st Street, N. E., between Kessler Road and East Gate Avenue, being all of the alleys shown in Block 7 of the Map of the East Gate Addition, be vacated, discontinued and closed; and WHEREAS, due legal notice was posted as required by Section 15.1-364 of the Code of Virginia, as aforesaid, the petitioner, the East Gate Church of the Nazarene, being one of the owners of land adjoining the said alleys to be vacated, discontinued and closed; and WHEREAS, by Resolution No. 20022, adopted on the 4th day of January, 1972, 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, discontinuing and closing the aforesaid alleys; and ~qHEREAS, the viewers appointed reported in writing, that after having been duly sworn, they viewed the said streets 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, discon- tinuing and closing said alleys; and WHEREAS,. the City Planning Commission of the City of Roanoke has con- sidered the request and has found no objection thereto; and WHEREAS, the Council of the City of Roanoke caused a public hearing to be held on the question after publication of the notice thereof, and 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 considerin9 the evidence submitted, is of the opinion that vacating, discontinuing and closing the aforesaid alleys will not abridge or destroy any of the rights and privileges of any person, firm or corporation, and that no inconvenience would result to any one therefrom, and is further of the opinion that the request of the said petition should be 9ranted. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that a certain alley 12 feet wide running from Kessler Road to East Gate Avenue be- tween 20th Street and 21st Street, N. E., and a certain alley 12 feet wide run- ning from 20th Street to 21st Street, N. E. between Kessler Road and East Gate Avenue, being all of the alleys shown in Block 7 of the Map of East Gate Addition to the City of Roanoke, Virginia, be permanently vacated, discontinued and closed as provided by Section 15.1-364 of the Code of Virginia of 1950 as amended to date, and in accordance with the law in such cases made and provided, and that all right, title and interest in the City of Roanoke and the public is hereby released insofar as the Council is empowered so to do. 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 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 maps and other documents in his office. All ordinances, or parts of ordinances, in conflict with the provisions of this ordinance be and the same are hereby repealed.. This ordinance shall be in full force and effect ten (10) days after its final passage. Upon a call for an aye and a nay vote, the same stood as follows: AYES: Messrs. Garland, Taylor, Thomas, Trout, Wheeler and Mayor Webber .... NAYS: None- (Mr. Lisk absent) ATTEST: Deputy City Clerk APPROVED Mayor 250 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of February, 1972. No. 20107. AN ORDINANCE permanently vacating, discontinuing and closing a certain portion of the alley located in Block 6, Map of Exchange Building and Investment Company, in the City of Roanoke, Virginia, and accepting the dedication of certai property, being portions of Lots 8 and 9, Map of Exchange Building and Investment Company, from Hayes, Seay, Mattern & Mattern to the City of Roanoke, Virginia. WHEREAS, Hayes, Seay, Mattern & Mattern has heretofore filed its petition before the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close a certain portion of the alley located in Block 6, Map of Exchange Building and Investment Company, in the City of Roanoke, Virginia, and more particularly des- cribed in said petition, of the filing of which petition due notice was given to the public as required by law; and WHEREAS, in accordance with the prayers of said petition, viewers were appointed by Council on the 17th day of January, 1972, to view the property and to report in writing whether in their opinion any inconvenience would result from permanently vacating, discontinuing and closing that portion of said alley des- cribed in the resolution appointing said viewers; and WHEREAS, it appears from the written report of the viewers filed with the City Clerk on February 3, 1972, that no inconvenience would result either to any individual or to the public from permanently vacating, discontinuing and closing the hereinafter described portion of said alley, provided that the peti- tioner dedicate to the public an alleyway providing an outlet from the existing alley to Walnut Avenue, S.W.; and WHEREAS, Council at its meeting on January 17, 1972, referred the petition to the City Planning Commission, which Commission by its report filed with Council on February 4, 1972, recommended that the petition as amended by the petitioner at the meeting of the Commission on February 2, 1972, to vacate, discontinue and close the hereinafter described portion of said alley be approved and WHEREAS, a public hearing was held on the question before the Council at its regular meeting on February 22, 1972, after due and timely notice thereof published in The Roanoke World-News, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on the question; and WHEREAS, from all of the foregoing, Council considers that no inconven- ience will result to any individual or to the public from permanently vacating, 25: discontinuing and closing the hereinafter described portion of said alley, as requested by the petitioner in its amended petition, provided that the petitioner dedicate to the public an alleyway providing an outlet from the existing alley to Walnut Avenue, S. W., and that, accordingly, the hereinafter described por- tion of said street should be permanently closed; and WHEREAS, a deed dated February 22, 1972, from the petitioner to the City of Roanoke, Virginia, in consideration of the Council permanently vacating, discontinuing and closing the hereinafter described portion of said alley, ded- icates a public alleyway providing an outlet from the existing alley to Walnut Avenue, S. W., as more particularly described in said deed. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that all of that portion of the alley located in Block b, Map of Exchange Building and Investment Company, in the City of Roanoke, Virginia, more particularly described as follows: BEGINNING at a point in the south line of Walnut Avenue, S.W., which point is N. 83° 48' 20" W. 223.24 feet from the west line of Franklin Road, S.W., and which beginning point is also the inter- section of the east line of a 10-foot alley with the south line of Walnut Avenue, S.W.; thence with the east line of said alley So 6° 08' 44" W. 140.00 feet to a point; thence with the south line of said alley N. 83° 48' 20" W. 40.50 feet to a point on the northern boundary of Lot 19, Section 6, Map of Exchange Buildin9 and Investment Company; thence crossing said 10-foot alley N. 60 08' 44" E. 10.00 feet to a point on the southern boundary of Lot 9, Section 6, Map of Exchange Building and Investment Company; thence with the north line of said 10-foot alley S. 830 48' 20" E. 15.50 feet to an angle point in said alley line; thence with the northerly line of said alley N. 510 10' 12" E. 21.20 feet to another angle point in said alley line; thence with the west line of said alley N. 6o 08' 44" E. 115.00 feet to a point in the south line of Walnut Avenue, S.W.; thence with the south line of Walnut Avenue, S.W., S. 830 48' 20" E. 10.00 feet to the point of BEGINNING, and being that portion of the existing alley adjacent to Lots 9, 10 and 19, Section 6, Exchange Buildin9 and Investment Company, be, and it hereby is, permanently vacated, discontinued and closed; and that all right, title and interest of the City of Roanoke and of the public in and to the same, including any sewer and public utility easements, be, and they hereby are, released insofar as the Council of the City of Roanoke is empowered so to do. BE IT FURTHER ORDAINED that the aforesaid deed dated February 22, 1972, from the petitioner to the City of Roanoke, Virginia, dedicating a public alley- way, more particularly described as follows: BEGINNING at a point in the south line of Walnut Avenue, S.W., which point is N. 83° 48' 20" W. 263.74 feet from the west line of Franklin Road, S.W.; thence S. 6o 08' 44" W. 130.00 feet to a point on the north line of the existing alley in Section 6, Map of Exchange Building and Investment Company; thence with the north line of said alley N. 83o 48' 20" W. 20 feet to another point in the north line of said alley; thence N. 51o 10' 12" E. 14.14 feet to a point; thence N. 6° 08' 44" E. 120.00 feet to a point in the south line of Walnut Avenue, S.W.; thence with the south line of Walnut Avenue, S.W., S. 83° 48' 20" E. 10.00 feet to the point of BEGINNING, and bein9 a portion of Lots 8 and 9, Section 6, Map of Exchange Building and Investment Company, as shown on the attached map 25 2 be, and it hereby is, accepted. BE IT FURTHER' ORDAINED that the City Engineer be, and he hereby is, directed to mark "permanently vacated" on the above described portion of said alley on all maps and plats on file in his office on which said alley is shown, referring to the book and page of Ordinances and Resolutions of the Council of the City of Roanoke wherein this Ordinance shall be spread. BE IT FURTHER ORDAINED that the Clerk of the Council deliver to the Clerk of the Hustings Court for the City of Roanoke, Virginia, a certified copy of this Ordinance in order that the Clerk of said court may make proper notation on all maps or plats recorded in his office upon which is shown said alley, as provided by law, and that, if so requested by any party in interest, he may record the same in the deed book in his office, indexing the same in the name of the City of Roanoke as grantor and in the name of any party in interest who may request it as grantee. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of February, 1972. No. 20108. AN ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of the Code of the City of Roanoke, 1956, as amended, and Sheet No. 325, Sectional 1966 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roa- noke to have property located at the southeast corner of the intersection of Sand Road and Green Road, and bordering on Tinker Creek, in the City of Roanoke, Virginia, and more particularly described as follows: PARCEL NO. ONE BEGINNING at a point on the east side of Sand Road N. 44° 00' E. 151 ft. from the north side of the intersection of Sand Road and Green Road; thence along the east side of Sand Road N. 44o 00' E. 524 ft. to the center of Tinker Creek; thence along the center line of Tinker Creek down the stream the following 7 courses: S. 45o 15' E. 547 ft.; thence S. 35o 45' E. 120 ft.; thence S. 21o 45' E. 106 ft.; thence S. 10° 45' E. 126 ft.; thence S. 21o 50' W. 141 ft.; thence S. 53° 15' W. 216 ft.; thence S. 57o 45' W. 122ft.; thence S. 68o 45' W. 153 ft. to a point; thence leaving the center of the creek N. 35° 25' W. 308 ft. to a point; thence No 610 45' E. 75 ft.; thence on a line parallel with Green Road about 500 ft. to the place of BEGINNING. PARCEL NO. TWO BEGINNING at a point on the east side of Sand Road and at the north side of the intersection of Green Road, said point being N. 44° 00' E. 10-3/10 ft. from the northwest corner of the E. E. Trent land; thence along the east side of Sand Road No 44° 00' E. 151 ft. to a point; thence in an easterly direction on a line parallel with the Green Road about 500 ft. to a stake; thence S. 61° 45' W. 75 ft. to a point; thence S. 35o 25' E. 308 ft. to center of Tinker Creek; thence down the center of Tinker Creek 156 ft.; thence in a westerly direction about 40 ft. to edge of water; thence along the west edge of water down the creek 228 ft. to a stake; thence leaving the edge of the creek N. 34o 40' W. 184 ft. to the E. E. Trent line; thence along the E. E. Trent line in a northeasterly direction N. 560 50' E. 298.02 ft. crossing Green Road; thence along the northern side of Green Road N. 34o 40' W. 486-5/10 ft. to the place of BEGINNING. BEING Roanoke City Official ~3250801, 3250802, 3250803, and 3250804. rezoned from RD, Duplex Residential District, to RG-1, General Residential Dis- trict; and WHEREAS, the City Planning Commission has recommended that the herein- after described land be rezoned from RD, Duplex Residential District, to RG-1, General Residential District; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 71, Chapter 4.1, Title X¥, of the Code of the City of Roanoke, 1956, as amended, relating to Zoning, have been published and posted as required and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the 22nd day of February, 1972, at 2 p.m., before the Council of the City of Roanoke, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the evidence as herein pro- vided, .is of the opinion that the hereinafter described land should be rezoned° THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Title XV, Chapter 4.1, Section 2, of the Code of the City of Roanoke, 1956, as amended, relating to Zoning, and Sheet No. 325 of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz.: Property located at the southeast corner of the intersection of Sand Road and Green Road, and bordering on Tinker Creek, in the City of Roanoke, Vir- 9inia, designated on Sheet 325 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax Nos. 3250801, 3250802, 3250803, and 3250804, be, and is hereby, 254 changed from RD, Duplex Residential District, to RG-1, General Residential Dis- trict, and that Sheet No. 325 of the aforesaid map be changed in this respect. A TTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of February, 1972. No. 20109. AN ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of the Code of the City of Roanoke, 1956, as amended, and Sheet No. 267, Sectional 1966 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roa- noke to have those certain lots bounded on the north by Wyoming Avenue, on the east by Westside Boulevard, on the south by Kentucky Avenue, and on the west by Gilbert Road, designated on Tax Appraisal Map of the City of Roanoke, Virginia, as Numbers 2670307, 2670308, 2670309, 2670310, 2670317, 2670318, 2670319, 2670320, and closed alley extending from Gilbert Road to Westside Boulevard re- zoned from RS-3, Single-Family Residential District, to RG-2, General Residential District. WHEREAS, the City Planning Commission has recommended that the herein- after described land not be rezoned from RS-3, Single-Family Residential District to RG-2, General Residential District; and WHEREAS, the written notice and the posted sign required to be publish- ed and posted, respectively, by Section 71, Chapter 4.1, Title XV, of the Code of the City of Roanoke, 1956, as amended, relating to zoning have been published and posted as required and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the 22nd day of February, 1972, at 2 p.m., before the Council of the City of Roanoke, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council after considering the evidence as herein provid- ed, is of the opinion that the hereinafter described land should be rezoned. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Title X¥, Chapter 4.1, Section 2, of the Code of the City of Roanoke, 1956, as amended, relating to Zoning, and Sheet No. 267 of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz: Property bounded on the north by Wyominq Avenue, on the east by Westside Boulevard, on the south by Kentucky Avenue, and on the west by Gilbert Road, described as Lots 7, 8, 9, 10, 17, 18, 19 and 20, Section 3, Map of Washington Club Land Company, and closed alley extending between Gilbert Road and Westside Boulevard designated on Sheet 267 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax Nos. 2670307, 2670308, 2670309, 2670310, 2670317, 2670318, 2670319 and 2670320, be, and is hereby, changed from RS-3, Sinqle-Family Residential Dis- trict, to RG-2, General Residential District, and that Sheet No. 267 of the afore- said map be chanqed in this respect. APPROVED ATTEST: Deputy City Clerk Ma yo r IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of February, 1972. No. 20110. AN ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of the Code of the City of Roanoke, 1956, as amended, and Sheet No. 311, Sectional 1966 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have property located on the westerly side of Compton Street, south of Noble Avenue, N. E., described as Lots 16, 17, and 18, Block 3, Oakland Map, Official Tax Nos. 3110217, 3110218 and 3110219, rezoned from RD, Duplex Residential Dis- trict, to RG-2, General Residential District; and WHEREAS, the City Planning Commission has recommended that the herein- after described land be rezoned from RD, Duplex Residential District, to RG-2, General Residential District; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 71, Chapter 4.1, Title XV, of the Code of the City of Roanoke, 1956, as amended, relating to Zoning, have been published and posted as required and for the time provided by said-section; and 256 WHEREAS, the hearing as provided for in said notice was held on the 22nd day of February, 1972, at 2 p.m., before the Council of the City of Roanoke, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the evidence as herein pro- vided, is of the opinion that the hereinafter described land should be rezoned. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Title XV, Chapter 4.1, Section 2, of the Code of the City of Roanoke, 1956, as amended, relating to Zoning, and Sheet No. 311 of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz: Property located on the westerly side of Compton Street, south of Noble Avenue, N. E., described as Lots 16, 17 and 18, Block 3, Oakland Map, desig' hated on Sheet 311 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax Nos. 3110217, 3110218 and 3110219, be, and is hereby, changed from RD, Duplex Residential District, to RG-2, General Residential District, and that Sheet No. 311 of the aforesaid map be changed in this respect. ATTEST: ~0~~ Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of February, 1972. No. 20111. AN ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of the Code of the City of Roanoke, 1956, as amended, and Sheet No. 274, Sectional 1966 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roa- noke to have property described as Lots 11, 12, 13, 14, 15 and the rear or south- erly portion of Lot 16, Block D, of the Mayhew Map, bearing Official Tax Nos. 2740302, 2740303, 2740313, 2740314, 2740315 and 2740316, situate on the southerly side of Panorama Avenue west of Calvary Road, rezoned from RD, Duplex Residential District, to RG-1, General Residential District; and WHEREAS, the City Planning Commission has recommended that the herein- after described land be rezoned from RD, Duplex Residential District, to RG-1, General Residential District; and 257 ATTEST: WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 71, Chapter 411, Title XV, of the Code of the City of Roanoke, 1956, as amended, relating to Zoning, have been published and posted as required and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the 22nd day of February, 1972, at 2 p.m., before the Council of the City of Roanoke, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the evidence as herein provided is of the opinion that the hereinafter described land should be rezoned. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Title XV, Chapter 4.1, Section 2, of the Code of the City of Roanoke, 1956, as amended, relating to Zoning, and Sheet No. 274 of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz.: Property located on the southerly side of Panorama Avenue west of Calvar Road described as Lots 11, 12, 13, 14, 15 and the rear or southerly portion of Lot 16, Block D, of the Mayhew Map, designated on Sheet 274 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax Nos. 2740302, 2740303, 2740313, 2740314 2740315 and 2740316, be, and is hereby, changed from RD, Duplex Residential Dis- trict, to RG-1, General Residential District, and that Sheet No. 274 of the afore- said map be changed in this respect. APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of February, 1972. No. 20112. AN ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of the Code of the City of Roanoke, 1956, as amended, and Sheet No. 414, Sectional 1966 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have property located on the easterly side of Ninth Street, S. E., south of Woodrow Avenue, described as Lots 1 - 5, inclusive, Block 5, Morningside Heights, bearing Official Tax Nos. 4141801 - 4141805, inclusive, rezoned from RD, Duplex Residential District, to C-2, General Commercial District; and 258 WHEREAS, the City Planning Commission has recommended that the herein- after described land be rezoned from RD, Duplex Residential District, to C-2, General Commercial District; and WHEREAS, the written notice and the posted sign required to be publish- ed and posted, respectively, by Section 71, Chapter 4'~1, Title XV, of the Code of the City of Roanoke, 1956, as amended, relating to Zoning, have been published and posted as required and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the 22nd day of February, 1972, at 2 p.m., before the Council of the City of Roanoke, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the evidence as herein provided is of the opinion that the hereinafter described land should be rezoned. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Title XV, Chapter 4.1, Section 2, of the Code of the City of Roanoke, 1956, as amended, relating to Zoning, and Sheet No. 414 of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz.: Property located on the easterly side of Ninth Street, S. E., south of Woodrow Avenue, described as Lots 1 - 5, inclusive, Block 5, Morningside Heights, designated on Sheet 414 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax Nos. 4141801 - 4141805, inclusive, be and is hereby, changed from RD, Duplex Residential District, to C-2, General Commercial District, and that Sheet No. 414 of the aforesaid map be changed in this respect. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of February, 1972. No. 20115. AN ORDINANCE to amend and reordain Section ~89, "Transfers to Capital Improvements Fund," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. 259 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~89, "Transfers to Capital Improvements Fund," of the 1971-72 Appropria- tion Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TRANSFERS TO CAPITAL IMPROVEMENTS FUND ~89 CIP 72-2 Jefferson High Parking Lot (1) ..... $37,847.00 (1) Net increase' $1,422.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shal be in effect from its passage. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of February, 1972. No. 20116. AN ORDINANCE to amend and reordain Section ~5300, "Schools - Maintenance of Equipment," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =5300, "Schools - Maintenance of Equipment," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS - MAINTENANCE OF EQUIPMENT =5300 Maintenance of Equipment (1) ............... $2,043.43 (1) Net increase ......... $343.43 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Deputy City Clerk Mayor 260 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of February, 1972. No. 20117. AN ORDINANCE to amend and reordain Section =24, "Regional Intake Office of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of 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, "Regional Intake Office," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: REGIONAL INTAKE OFFICE =24 Personal Services ................ $28,608.00 Communications ................... Travel Expense ................... Rentals .... ....... Printing a ice ppi s .... Office Furniture g Equipment - New ........................ Fringe Be~efit~ .... i.i.. i 1,150.00 1,500.00 3,000.00 800.00 1,975.00 3,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Deputy City Clerk Ma yor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of February, 1972. No. 20118. AN ORDINANCE to amend and reordain Section ~3, "City Manager," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~3, "City Manager," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CITY MANAGER ~3 · Fees for Professional and Special Services (1) ......................... $ 150.00 261 Travel Expense (2) ..................... 1,600.00 (1) Net decrease ................. $350.00 (2) Net increase 350.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of February, 1972. No. 20119. AN ORDINANCE to amend and reordain Section ~89, "Transfers to Capital Improvements Fund," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~89, "Transfers to Capital Improvements Fund," of the 1971-72 Appropri- ation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TRANSFERS TO CAPITAL IMPROVEMENTS FUND ~89 CIP-IO Municipal Building (1) ............ $54.00 (1) Net increase $54.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED Deputy City Clerk Mayor 262 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of February, 1972. No. 20120. ATTEST: AN ORDINANCE to amend and reordain Section =89, "Transfers to Capital Improvements Fund," and Section =77, "Civic Center," of the 1971-72 Appropria- tion Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~89, "Transfers to Capital Improvements Fund," and Section =77, "Civic Center," of the 1971-72 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: TRANSFERS TO CAPITAL IMPROVEMENTS FUND 62-116 Capital Improvements - Civic Center (1) .. $18,116.50 CIVIC CENTER =77 Maintenance of Machinery and Equipment (2) ...... $21,116.50 (1) Net decrease .................. $18,116.50 (2) Net increase 18,116.50 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 Depu. ty City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of February, 1972. No. 20121. A RESOLUTION authorizing and directing application to be made, to the Virginia State Water Control Board and the Federal Water Pollution Control Administration for a grant to the City under the Federal Water Pollution Control Act for aid in a 14 MGD expansion to the existing 21MGD Sewage Treatment Plant, together with advanced waste treatment facilities for a 35 MGD flow. WHEREAS, the City, in order to comply with Federal and State water quality standards and to provide a sewage treatment plant capable of serving and of meetin9 the long-range needs of the City and the surrounding areas, desires II -' 263 to enlarge its sewage treatment plant and to provide for advanced waste treatment at said plant, the total cost of which project is presently estimated to amount to approximately $14,669,000.00; and WHEREAS, the City needing, in addition to the local funds available for the aforesaid purpose, other funds or grants in aid which may be used for purposes of water pollution control, is advised that application may be made for grant of State and Federal funds to assist in accomplishing such needed improve- ments; and WHEREAS, this Council, considering the aforesaid enlargement and ad- vanced waste treatment to be essential to the needs of the City and of surround- ing areas, desires to obtain such financial aid as may be made available to the City in order that said improvements may be constructed and placed in operation. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized and directed to make applica- tion on behalf of the City to the State Water Control Board and Federal Water Pollution Control Administration for grants to the City of $11,627,200.00 of State and Federal £unds to aid the City in the expansion o£ its sewage treatment plant, together with advanced waste treatment; and, in so doing, said City Man- ager is authorized to execute the name of the City of Roanoke to requisite application forms and to make the assurance that the City will pay the remaining cost o£ the project so approved and will provide, after completion of the afore- said project, proper and efficient operation and maintenance of said sewage treatment plant; and to execute, further, the compliance report for Title 6 of the Civil Rights Act of 1964 on Form FWPCA-T128 (8-67) and the assurance of compliance with respect to Title 6 of the Civil Rights Act of 1964 as it applies to the grant from the Environmental Protection Agency on DI Form 1350. ATTEST: Deputy City Clerk APPROVED Ma yor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of February, 1972. No. 20122. AN ORDINANCE authorizing the City Manager to engage certain engineering services for the design and supervision of construction, in two or more phases, of certain new facilities at the City's sewage treatment plant, upon certain terms and provisions; and providing for an emergency. 264 WHEREAS, the City is engaged upon a program of expansion and improve- ment of its sewage treatment plant and related facilities, after approval of the plans thereof by the State Water Control Board and upon appropriate funding thereof by said Board and other participating governmental agencies; and WHEREAS, Alvord, Burdick and Howson, Engineers, have offered to pro- vide the necessary engineering design and specifications for such improvements and to provide on-site supervision of the construction of the same as the severa phases of the proposed construction are approved by said Board and ordered by the City; and WHEREAS, it is necessary for the usual daily operation of the munici- pal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized, directed and empowered to enter into written agreement, for and on behalf of the City, with Alvord, Burdic and Howson, Engineers, so as to engage for the City the engineering services of said engineers for the design and on-site supervision of construction, in two or more stages, of certain new facilities for the expansion and improvement of the City's sewage treatment plant and related facilities, such contract to be upon form approved by the City Attorney and to contain, amongst other provisions the following terms: 1. That the design and construction of such facilities be accomplishe in two or more phases and as approved by the State Water Control Board and ordered by the City; 2. That the City compensate said engineers for their services in designing said facilities, preparing specifications therefor, ready for taking of bids, and assisting in the letting of contracts, reporting on bids and gettin the work ready to start the construction stage, an over-all fee of~ 5% of the construction cost of each such phase, with 3% of the estimated cost of such work to be paid said engineers within 90 days of the completion of the design and its delivery to the City, said contracts to be let within such time, and the remaining 2% to be paid when the contracts are awarded, but not less than six months after delivery of said plans; and to compensate said engineers, further, for providing on-site supervision of construction let to contract, an additional fee of 2-1/2% of the construction costs, payable monthly as work progresses in proportion to the progress of construction; all such engineering services rel- ative to design of such facilities to be completed by said engineers in accord- ance with a schedule to be mutually agreed upon between the City, said engineers and the State Water Control Board. BE IT FURTHER ORDAINED that, an emergency existin9, this ordinance be in effect upon its passage. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of February, 1972. No. 20123. AN ORDINANCE relating to preliminary engineering studies and services in connection with the expansion and improvement of the City's sewage treatment plant; authorizin9 the City Manager to enter into contract with certain engineers therefor; and providing for an emergency. WHEREAS, it has been necessary that the City engage the services of its consulting engineers in connection with studies, plans and proposals for the upgradin9 and expansion of the waste water treatment facilities at the City's sewage treatment plant, in order that such treatment of wastes conform to accept- able standards; and Alvord, Burdick and Howson, the City's consulting engineers in such matters, has offered to perform such services for the compensation here- after authorized and provided; and WHEREAS, it is necessary for the usual daily operation of the municipal 9overnment that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized and empowered, for and on behalf of the City, to accept the proposal of Alvord, Burdick and Howson, Engineers, made to the City under date of October 27, 1971, relating to preliminary engineer- in9 studies and other services in connection with the City's proposed expansion and improvement of the City's sewage treatment plant, and to enter into requisite written agreement with said engineers providing for such preliminary engineering studies and reports thereof to the City on necessary and proper expansion of the City's sewage treatment plant and related facilities, including provisions for advance waste treatment processes and for other services in connection therewith, in consideration of the sum of $61,900.00, compensation, to be paid said engineers by the City for all such services; said contract to be, otherwise, upon such form as is approved by the City Attorney. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in effect upon its passage. ATTEST: Deputy City Clerk APPROVED Ma yor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of February, 1972. No. 20124. AN ORDINANCE amending Sec. 5 and Sec. 6 of Chapter 1, Title XI of the Code of the City of Roanoke, 1956, as amended, relating to possession, custody and disposition of certain deadly weapons; and providing for an emergency. WHEREAS, for the usual daily operation of the Police Department of the City and for the preservation of the public peace and safety an emergency is declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That Sec. 5. Property exceDted from provisions of sections 3 tO 7 of this chapter, of Chapter 1. P-olice Forces, Title XI, Police Force and Court~, of the Code of the City of Roanoke, 1956, as amended, be, and said section is hereby amended and reordained to provide as follows: Sec. 5. Property excepted from provisions of sections 3 to 7 of this chapter. Nothing in sections 3 to 7 of this chapter shall be held to require the superintendent of police to take possession of, or to make disposition of, any lost or stolen property, the disposition or possess- ion of which is otherwise provided for by law, and none of the provisions of sections 3 to 7 of this chapter shall apply to any pistol, dirk, bowie knife, switchblade knife, razor, slungshot, metal knucks, shotgun, rifle, blackjack or other weapon used by any person or persons in the commission of a criminal offense, but all such weapons shall be disposed of as provided by ~ § 18.1-269 or 18.1-270 of the 1950 Code of Virginia, as amended. 2. That Sec. 6. Duty of officers to deliver seized Drgp~rty im~di- ately to superintendent, ~tc., of Chapter 1. Police For~$, Title XI. Police Force and Court~, of the Code of the City of Roanoke, 1956, as amended, be, and said section is hereby amended and reordained to provide as follows: Sec. 6. Duty of officers to deliver seized DroDerty immediately to .superill%endent, etc. 267 It shall be the duty of all officers and members of the police department into whose possession any property seized or taken shall come, to deliver the same at once to the superintendent of police or to such other police officials as may be designated by said superintendent, unless it is wanted for immed- iate use as evidence in any case, and in that event a report and inventory of the same shall be forwarded at once to the said superintendent of police or to such other aforesaid designated official. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage. APPROVED ATTEST: Deputy City Clerk Ma yo r IN .THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of February, 1972 No. 20125. AN ORDINANCE amending subsection (2) of Sec. 7, of Chapter 1. Publiq Streets i~l General, of Title XVII, Streets. Sidewalks and Sewers, of the Code of the City of Roanoke, 1956, as amended, by requiring any person making openings in the pavement of any street, alley or public way in the City to submit evidence of public liability insurance to the director of public works before being issued a permit for such work; and providing for an emergency. WHEREAS, the City Manager has recommended to the Council that the public interest would be served by requiring public liability insurance to be acquired by any person making openings in the pavement of any street, alley or public way in the City; in which recommendation t.he Council concurs; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that subsection (2) of Sec. 7. Permits to make oDeninas: restoration of surface., of Chapter 1. Public Streets in General, of Title XVII, Streets. Sidewalks and Sewers, of the Code of the City of Roanoke, 1956, as amended,, be amended and reordained to read and provide as follows: Sec. 7. Permits to make oDeninas: restoratioq of surface. (2) Any person, to make any opening in any surface or pavement on any street, alley or public way of the city, shall file with the director of public w.orks on a blank provided therefor, an application for a permit, which application shall state the name of the applicant, the name of the street, the kind of pavement thereon, the purpose of the proposed openings and the exact size, length and location of the proposed opening. 268 No permit shall be granted upon such appli- cation unless the applicant shall have furnished to the director of public works evidence of public liability insurance with limits of not less than $100,000 for one person and $300,000 for two or more persons, together with property damage coverage of $50,000 for any one accident, and shall give satisfactory assurance that the restoration of the street surface will be accomplished, said assurance to be in the form of a cashier's or certified check or surety bond in an amount equal to the estimated cost of restoring the street. The director of public works shall issue a permit to make the opening des- cribed in the application unless the opening made would be in violation of any city ordinance, create an unnecessary and avoidable public safety hazard or create a utility conflict, in any of which cases the permit shall be denied by said director. Where the nature of the proposed work is such as to require a series of openings, close together, and where, in the opinion of the director of public works, it is impossible or impracticable to determine in advance the exact size and location of the desired opening, a permit may be issued covering such series of openings for such length of street as may be deemed proper by the director of public works. BE IT FURTHER ORDAINED that an emergency existing, this ordinance shall be in effect upon its passage. APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of February, 1972. No. 20126. A RESOLUTION urging support, by the City's representatives in the General Assembly of Virginia, of pending legislation which would provide for distribution to the localities of State aid for education on the basis of average daily membership in the public schools. BE IT RESOLVED by the Council of the City of Roanoke that each member of the City's delegation to the General Assembly of Virginia be, and is hereby most urgently urged to support with all diligence and effort those provisions of Souse Bill 30, the State Budget Bill, which would provide increased appro- priations to the localities for schools, welfare, health, sewage disposal and other public purposes and services and, particularly, to support and see to the enactment of that provision in said bill that would provide for the distribution of State school funds to the localities on a basis of average daily memberships in the elementary and secondary-level public schools, rather than on a basis of average daily attendance. 269 BE IT FURTHER RESOLVED that the City Clerk do forthwith transmit attested copies of this resolution to Senator William B. Hopkins and to Delegates Ray L. Garland and John C. Towler, in Richmond. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of February, 1972. No. 20127. A RESOLUTION providing the City's agreement to certain changes and modifications of the contract proposed and offered to be entered into with the City of Salem pursuant to Ordinance No. 20,105, adopted by the Council on Febru- ary 22, 1972. WHEREAS, the Chairman of the City's Sewer Committee, reporting to the Council on certain conferences held with representatives of the Council of the City of Salem subsequent to this Council's adoption of Ordinance No. 20,105, has recommended to the Council in writing dated February 28, 1972, seven (7) changes in the form of contract heretofore authorized by said ordinance to be entered into with the City of Salem, respecting transmission and treatment by the City of certain of the wastes originating in said City of Salem and certain adjacent areas, which said changes are made to appear in writing on file with the City Clerk, a copy of which is being delivered to representatives of the City of Salem; and WHEREAS, this Council, considering its committee's said report, is agreeable to the changes so recommended and is agreeable that all such changes be incorporated into the form of contract approved by the Council to be entered into with the City of Salem under date of February 29, 1972, as said contract is referred to in Ordinance No. 20,105, aforesaid. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council doth APPROVE, as changes to be incorporated into the form of contrac approved to be entered into between the City of Roanoke and the City of Salem by Ordinance No. 20,105, adopted February 22, 1972, respecting the transmission and treatment of certain wastes of the City of Salem and certain adjacent areas, those seven (7) certain changes and additions set out in writing over the signa- ture of the Chairman of this Council's Sewer Committee, entitled Agreed Changes 270 ATTEST: to Proposed Contract Between City of Roanoke and City of Salem for Sewage Transmission and Treatment, and filed with the City Clerk, dated February 28, 1972; and BE IT FURTHER RESOLVED that if and when the written contract approved by Ordinance No. 20,105 to be entered into by the City of Roanoke with the City of Salem, containing the seven changes thereof and therein as are hereinabove authorized and approved, be accepted and executed by the proper officials of the City of Salem, for and on behalf of said City of Salem, the Mayor and the City Clerk of the City of Roanoke be, and they are hereby authorized and direct- ed to execute and to sea! and attest, respectively, said contract for and on behalf of the City of Roanoke. BE IT FURTHER RESOLVED that the City Manager be, and he is hereby directed to cause prompt hand delivery to be made of a copy of the within resolution to the Council of the City of Salem by delivery to any member of said governing body. BE IT FINALLY RESOLVED that, an emergency existing, this resolution be in force and effect upon its passage. APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of March, 1972. No. 20114. AN ORDINANCE amending Title XV. Construction, Etc,, of the Code of the City of Roanoke, 1956, as amended, by the addition of a new chapter number- ed Chapter 3.1Plumbina Code, providing certain regulations, requirements and standards for the installation of any plumbing installed within the corporate limits of the City; adopting by reference the provisions, requirements, regula- tions and standards contained in the Southern Standard Plumbing Code, 1971 Edition, and in certain appendices of said Code, save and except such portions of said Code as are herein deleted, modified or amended and herein ordained, to be effective as. an ordinance of this City; prescribing certain penalties for violation of the regulations and requirements of this ordinance; providing for the effective date of this ordinance; and repealing Chapter 3. Plumbing Code, Title XV. Construction. E~c,, of the Code of the City of Roanoke, 1956, as said chapter has heretofore been amended. 271 WHEREAS, it has been proposed and recommended to the Council that the City adopt by reference, as a plumbing code for the City of Roanoke, the South- ern Standard Plumbing Code, 1971 Edition, including certain appendices and illu- strations incorporated therein, save and except certain provisions, sections or subsections therein which are hereinafter provided to be deleted, modified or amended and, as modified or amended, are herein ordained; and WHEREAS, the Council considering the proposal, is of opinion that said Southern Standard Plumbing Code, 1971 Edition, should be so adopted as herein- after provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Title XV. Construction. Alteration and Use of Land. Buildinas and Other Structure of the Code of the City of Roanoke, 1956, as amended, be, and said Title and Code are hereby amended by the addition of a new chapter in Title XV, aforesaid, said new chapter to be numbered and designated as Chapter 3.1. Plumbino Code, to read and provide as follows: CHAPTER ,3.1 PLUMBING CODE Sec. 1. Sputhern Standard Plumbino Code,. 1971 Edit. ion - .Adoption. The provisions, requirements and regulations contained in that certain plumbing code entitled, known and desig- nated as the Southern Standard Plumbing Code, adopted, promulgated and published by the Southern Building Code Congress, being particularly the 1971 copyrighted edition thereof and the whole thereof, together with and includ- ing Appendix "A" - Manufacturers Specifications, Recommend- ations and Instructions for the Installation of House or Building Sewers, Appendix "B" - Plumbing Installation Standards for Mobile Homes and Travel Trailers and Parks, and the Illustrations, consisting of twelve consecutively numbered drawings intended for interpretation of said code, incorporated into and published as a part of the 1971 edition of said Southern Standard Plumbing Code, save and except such portions, sections or subsections as are hereinafter deleted, modified or amended and herein ordained, be, and the same are hereby adopted by the City of Roanoke and are incorporated into this section by reference as fully as if set out at length herein, and from and after the date on which this chapter shall become effective the provisions thereof and herein shall be controlling and shall apply to every plumbing installation, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and/or appurtenances thereto, and/or when connected to a water or sewerage system, to the maintenance of all of the aforesaid and to the person or persons installing or maintaining the same, within the corporate limits of the city of Roanoke; and copies of said code and of this chapter and any subsequent ordinances amendatory thereof shall be kept on file in the office of the building commissioner of the city and :in the office of the city clerk. Sec. 2. Same- Amendment~o The Southern Standard Building Code, 1971 Edition, herein adopted, be, and the same is hereby amended and ordained in the following respects: 272 Subsection 102.1. Plumbing offic.i.a,1, is hereby amended and ordained to read and provide as follows: 102.1. Plumbina inspector. -To provide for the enforcement of this code the office of plumbing inspector as. heretofore established as a section of the department of buildings is hereby continued; and the person appointed as plumbing inspector shall be the plumbing official referred to in the Southern Standard Plumbing Code, 1971 Edition, herein adopted. Subsection 102.2. Insoectors, is hereby amended and ordained to read and provide as follows: 102.2. Insoectors: aop0iatment. (a) The appointment of the plumbing inspecto.r and any assistants shall be made by the building commissioner with the approval of the city manager. (b) The plumbing inspec,tor and all assistant plumbing inspectors shall be qualified plumbers. The plumbing inspector shall have not less than ten (10) years exper- ience as a plumbing inspector and/or master plumber. Assistant plumbing inspectors shall have not less than five (5) years experience, either as a journeyman or master plumber. Subsection 103.8. ReDo.rts, is hereby deleted and repealed. Subsection 106.3. Sche.d~le of permit fees, is hereby amended and ordained to read and provide as follows: 106.3. Schedule Qf permit fees. (a) Permit fees: Sewer .connection ............ Septic tanks .............. Each plumbing fixture or floor drain: First 25 fixtures or floor drains . . Next 25 fixtures or floor drains . . . All over 50 fixtures or floor drains . Each house sewer ............ Each water heater... . . . . .. . . Each gas piping system of 1 to 4 Outlets Each gas outlet over 4 ......... $75.00 5.00 1.50 each 1.00 each .75 each 5.00 each 1.50 each 1.00 each outlet .50 each outlet (b) Water connection fees: Water connection fees shall be such as are from time to time fixed and prescribed by the city council., to. be paid to the city's water department. Subsection 109.2. Oualifications of Plumbers, is hereby amended and ordained to read and provide as follows: 109.2. Oualifications of plumbers. (a)~ Whosoever desires to enter the plumbing business or offers plumbing services shall have passed an examination given by the department of buildings or have had issued to him a certificate of qualification and such certificate of qualification has not expired by limitation. (b) Any person who is required by this code to possess a plumber's certificate of qualification shall make appli- cation therefor to the department of buildings. (c) The fees charged each applicant for examination shall be as follows: Master plumber examination ........ $10.00 Journeyman plumber examination ....... 5.00 Apprentice plumber examination ....... 2.00 Renewal of certificate of qualification . 1.00 (d) Every plumber's certificate of qualification shall be issued for one year. EaCh such certificate shall be renewed from year to year without re-examination unless said certificate has been revoked as provided for in section 109.4. of this chapter. 273 Subsection 109.4. Illegal work - Revocation of lic. ense, is hereby amended and ordained to read and provide as follows: 109.4. Illeaal work - Revocation of certificate of aualification. Any person, firm or corporation engaged in the plumbing business whose work does not conform to the rules and reg- ulations hereinafter set out, or whose workmanship or materials are of inferior quality shall on notice from the plumbing inspector make necessary changes or corrections at once so as to conform to this code. If such changes or corrections be not made within ten (10) days from such notice, the plumbing inspector shall report in writing such fact to the building commissioner, with or without recommendation that the certificate of qualification of such person or party be revoked, and shall issue no addi- tional permits to such person or party until such changes or corrections have been made or such recommendation acted upon by the building commissioner. Upon receipt of such report from the plumbing inspector, the building commis- sioner shall give to the person or party named in the report and to whom a certificate of qualification has been issued not less than five (5) days' notice in writing of a time and place at which a hearing on said report shall be held before said building commissioner, together with a statement of the grounds upon which it is proposed to revoke such certificate of qualification. At such hearing, the person or party so notified shall be afforded full oppor- tunity to present reasons or grounds in opposition to revocation~of such certificate of qualification. If, upon such hearing, the building commissioner shall deter- mine that the work done.or the workmanship or materials supplied for such work by such person or party does not conform to the minimum regulations and requirements set out in this code, he may suspend for a period of not more than sixty (60) days or may revoke the certificate of qualification theretofore issued such person or party, with right to any such person or party to apply within ten (10) days after decision by the building commissioner to any court of record in the city to review the action of said building commissioner. Sec. 110. Excavations - Public safety, consisting of Subsections 110.1. Excavations i~ ~treets, and 110.2. Public Drotgction requirgme~t, is hereby deleted and repealed. Sec. 111. Violations and Den~lties, is hereby amended and ordained to read and provide as follows: Sec. 111. Violations ~d penalties. Any person, firm or corporation or agent who shall violate a provision of this code or fail to comply there- with or with any of the provisions thereof, or violate a detailed statement or plans submitted and approved thereunder, shall be guilty of a misdemeanor. Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this code is committed or continued, and upon conviction in a court of competent jurisdiction for any such violation such person shall be punished by a fine of not less than ten dollars ($10.00), nor more than one hundred dollars ($100.00), or imprison- ment for a term of not more than six (6) months, or by both such fine and imprisonment. Subsection 1212.1. ~, is hereby amended and ordained to read and provide as follows: 1212.1. Materi~ls. (a) Above Ground - Materials for water-distribution pipes and tubing shall be brass, copper water tube, minimum type "L", stainless steel water tube, minimum grade "H", lead, or cast iron pressure water pipe, all to be installed with the appropriate approved fittings. 274 (b) Under-Ground- Inaccessible water-distribution piping under floor slabs shall be minimum type "K" copper tubing, brass, lead, or cast iron pressure water pipe, all to be installed with the appropriate approved fittings. All ferrous piping and fittings shall be coated with coal tar enamel or other coating approved for such purpose. BE IT FURTHER ORDAINED that Chapter 3. Plumbinq Code, of Title XV. Construction. Alteration and Use of Lanai, B. uildiqq.~. ~d Other Structures, of the Code of the City of Roanoke, 1956, as amended, be, and said chapter is hereby REPEALED, provided, however, that the repeal of said chapter shall not be held to preclude or prevent the prosecution of any unlawful act or omission committed or the enforcement of any lawful requirement as to any act performed or thing done while said chapter was in effect and before the repeal thereof. BE IT FINALLY ORDAINED that this ordinance be in force and effect on and after March 16, 1972. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of March, 1972. No. 20129. A TTE ST: AN ORDINANCE to amend and reordain Section ~79000, "Schools - Library Books and Materials," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~79000, "Schools - Library Books and Materials," of the 1971-72 Appro- priation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS - LIBRARY BOOKS AND MATERIALS ~79000 Library Books and Materials (1) .......... $27,716.00 (1) Net increase $27,716.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Deputy City Clerk Mayor 275 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of March, 1972. No. 20130. AN ORDINANCE to amend and reordain Section ~26, "Jail," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of 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, "Jail," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: JAIL ~26 Maintenance of Machinery and Equipment (1) (2) ...................... $1,250.00 (1) Net increase $600.00 (2) Two-thirds to be reimbursed by the State of Virginia BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of March, 1972. No. 20131. A RESOLUTION providing for the appointment of five freeholders, any three of whom may act, as viewers in connection with the application of John E. Willett to permanently vacate, discontinue and close a certain map alley or road- way, beginnin9 at a point on the north side of Orange Avenue approximately 216 feet west of the intersection of Orange Avenue and Courtland Road and extending in a northwesterly direction approximately 234 feet to Carver Avenue, N. E., and being approximately 18 feet wide. WHEREAS, it appearing to the Council of the City of Roanoke, Virginia, that John E. Willett did on February 18, 1972, duly and legally publish, as required by Section 15.1-364 of the 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 map alley or roadway, the publication of which was had by 276 posting a copy of the notice on the front door of the Courthouse in the City of Roanoke, Virginia (Campbell Avenue entrance) at the Market House (Campbell Avenue entrance) and at 311 Second Street, S. E., as provided by the aforesaid section of the Virginia Code, as amended, all of which is verified by an affi- davit of the Sheriff of the City of Roanoke appended to the application address- ed to the Council requesting that the hereinafter described map alley or road- way be permanently vacated, discontinued and closed; and WHEREAS, it appearing to the Council that more than ten (10) days have elapsed since the publication of such proper legal notice, and the Council having considered said application to permanently vacate, discontinue and close the hereinafter described map alley or roadway; and WHEREAS, the applicant has requested that five viewers, any three of whom may act, be appointed to view said map alley or roadway herein sought to be permanently vacated, discontinued and closed and report in writing, as re- quired by Section 15.1-364 of the Code of Virginia (1950), as amended. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, Vir- ginia, that Messrs. Harry Whiteside, Jr., R. R Quick, C~ F. Fefauver, Dewey H. Marshall and Dale Poe, any three of whom may act, be and they hereby are, appointed as viewers to view the following described map alley or roadway and report in writing, pursuant to the provisions of Section 15.1-364 of the Code of Virginia (1950), as amended, whether or not in their opinion any, and if any, what inconvenience would result from formally vacating, discontinuing and closing the same, namely: BEGINNING at a point on the north side of Orange Avenue approximately 316 feet west of the intersection of Orange Avenue and Courtland Road and extending in a northwesterly direction approximately 234 feet along the westerly boundary of the property of John E. Willett, Tax Number 3020102; thence in a westerly direction 18 feet more or less to the corner of the Lincoln Court sub- division; thence along the easterly boundary line of the Lincoln Court subdivision and the cemetary owned by the Trustees of the First Baptist Church 233 feet more or less to Orange Avenue; thence east along Orange Avenue to the place of BEGINNING. ATTEST: APPROVED Deputy City Clerk Mayor 277 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of March, 1972. No. 20132. A RESOLUTION providin9 for the appointment of five (5) freeholders, any three (3) of whom may act, as viewers in connection with the application of Byron E. Haner, Kenneth D. Cummins, and James P. Brice, in their individual capacities as residents and on behalf of other residents of the Jefferson Hills-Jefferson Park-Jefferson Forest area of the City of Roanoke to alter or close Windin9 Way Road at or near its intersection with Park Lane to through traffic by barricade, blockade, 9uard rail, fence, cul-de-sac or otherwise. WHEREAS, it appearin9 to the Council of the City of Roanoke, Virginia, upon the application of Byron E. Haner, Kenneth D. Cummins, and James P. Brice, in their individual capacities as residents and on behalf of other residents of the Jefferson Hills-Jefferson Park-Jefferson Forest area of the City of Roanoke, that said petitioners did legally post, on February 24, 1972, as required by Section 15.1-364 of the Code of Virginia of 1950, as amended, a notice of its intended application to the Council of the. City of Roanoke, Virginia, to alter or close Winding Way Road at or near its intersection with Park Lane to through traffic as aforesaid, said notice having been posted at the front door of the Courthouse of the City of Roanoke, Virginia, and at two other public places, to wit: the Market House (Campbell Avenue entrance) and at 311 Randolph (Second) Street, S. E., as required by the aforesaid section of the Virginia Code, as amended, all of which is duly verified by the affidavit of the Deputy Sheriff of the City of Roanoke appended to said notice; and WHEREAS, it appearing to the Council that at least ten days have elapsed since the posting of said notice, and the Council having considered said applica- tion to alter or close Windin9 Way Road at or near its intersection with Park Lane to through traffic as aforesaid; and WHEREAS, the petitioners have requested that five (5) viewers, any three (3) of whom may act, be appointed to view said street herein sought to be altered or closed to through traffic and to report in writing as required by Section 15.1-364 of the Code of Virginia of 1950, as amended; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, Virgin- ia, that William M. Harris, James L. Trinkle, Harold W. Harris, Jr., Lester K. Stover, Jr., and William P. Wallace, any three (3) of whom may act, be, and they hereby are, appointed as viewers to view the aforesaid street and to report in 278 writing, pursuant to the provisions of Section 15.1-364 of the Code of Virginia of 1950, as amended, whether or not in their opinion, any and if any, what, in- convenience would result from said alteration or closing. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of March, 1972. No. 20133. AN ORDINANCE to amend and reordain Section =90, "Sewage Treatment Fund of the 1971-72 Sewage Treatment Fund Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =90, "Sewage Treatment Fund," of the 1971-72 Sewage Treatment Fund Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SEWAGE TREATMENT FUND ~90 Personal Services (1) .................... $204,956.00 Printing and Office Supplies (2) ........................... 750.00 (1) Net increase $210.00 Overtime ....... 210.00 (2) Net increase 250.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Deputy APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of March, 1972. No. 20134. AN ORDINANCE to amend and reordain Section ~77, "Civic Center," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. 279 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~77, "Civic Center," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CIVIC CENTER ~77 Canteen Purchases (1) ......................... $38,000.00 Travel Expense (2) ............................ 4,000.00 (1) Net decrease $2,000.00 (2) Net increase 2,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: /-//)~ Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of March, 1972. No. 20135. AN ORDINANCE to amend and reordain Section ~77, "Civic Center," of the 1971-72 Appropriation Ordinance, and providin9 for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =77, "Civic Center," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CIVIC CENTER ~77 Maintenance of Buildings and Property (1) ........................ $8,400.00 (1) Net increase .... $3,400.00 Said amount to be recovered from the insurance settlement. BE IT FURTHER ORDAINED that, an emergency existin9, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Deputy City Clerk Mayor 280 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRCINIA, The 6th day of March, 1972. No. 20137. AN ORDINANCE to amend and reordain Section ~lO, "City Auditor," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~10, "City Auditor," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CITY AUDITOR ~10 Maintenance of Machinery and Equipment (1) ...................... $3,700.00 Office Furniture and Equipment- New (2) ............................ 600.00 (1) Net decrease $000.00 (2) Net increase 600.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of March, 1972. No. 20138. AN ORDINANCE accepting the proposal of Adams Construction Company for performing certain miscellaneous, small area hard surface street and side- walk restoration; authorizing the proper City officials to execute the requisite contract; rejecting all other bids; and providing for an emergency. WHEREAS, at the meeting of Council held on February 28, 1972, and after due and proper advertisement had been made therefor, three (3) bids for performing street and sidewalk restoration occasioned by the normal daily oper- ations of the City's Water Department were received and were opened and read before the Council, whereupon all said bids were referred to a committee for tabulation and study and for recommendation to be made thereto to the Council; and 281 WHEREAS, said Committee has reported to the Council in writing its tabulation of bids, from which and upon said committee's report it appears that the bid of Adams Construction Company, in the sum of $49,127.50, based on esti- mated quantities, is the lowest and best bid received by the City for the per- formance of said work; and WHEREAS, sums sufficient to pay for the cost of the contract herein- after authorized have been appropriated by the Council for the purpose; and for the usual daily operation of the Water Department, a department of the municipal government, an emergency is set forth and declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the proposal of Adams Construction Company for performing miscellaneous, small area improved hard surface street and sidewalk restoration occasioned by the normal daily operation of the Water Department, in full accord- ance with the City's plans and specifications, and during the period of time mentioned in said specifications, at the unit prices and for not more than the estimated sum of $49,127.50, which proposal is on file in the office of the City Clerk, be, and said proposal is hereby ACCEPTED; 2. That the City Manager and the City Clerk be, and they are hereby authorized and directed, for and on behalf of the City, to execute and attest, respectively, a requisite contract with the aforesaid bidder, incorporating there- in the aforesaid specifications, said bidder's proposal and the provisions of this ordinance, the form of which said contract shall be approved by the City Attorney; and 3. That the proposals of the other bidders for the performance of said work be, and the same are hereby REJECTED; the City Clerk to so notify said other bidders and to express to each the City's appreciation of said bid. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in full force and effect upon its passage. A TTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of March, 1972. No. 20139. AN ORDINANCE to amend and reordain Section ~47, "Fire Department," of the 1971-72 Appropriation Ordinance, and providing for an emergency. 282 WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~47, "Fire Department," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: FIRE DEPARTMENT ~47 Vehicular Equipment - Replacement (1) ...................... $2,676.56 Other Equipment - Replacement (2) .................... 368.15 Office Furniture a~ Equipment- New (3) ............... 163.39 Other Equipment- New iii ...... 5,681.90 (1) Net decrease $323.44 (2) Net decrease 56.85 (3) Net decrease ........ 61.61 (4) Net increase ................. 441.90 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of March, 1972. No. 20140. AN ORDINANCE to amend and reordain Section =13, "Retirements," and Section =47, "Fire Department," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~13, "Retirements," and Section =47, "Fire Department," of the 1971-72 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: RETIREMENTS ~13 Retirement Contributions (1) .................. $979,700.00 Social Security (2) ........................... 552,800.00 (1) Net increase ---$4,700.00 (2) Net increase 2,800.00 283 FIRE DEPARTMENT ~47 Personal Services (1) ........................ $1,652,587.00 Clothing and Personal . . Supplies (2) ............................... 26,433.04 (1) Net increase- (2) Net increase- ---$53,408.00 6,233.04 To provide for the employment of 22 additional employees in the Fire Department and uniform allowances for these employees. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of March, 1972. No. 20141. AN ORDINANCE amending and reordaining subsection 5 of subsection (a) Vacations, Sec. 12. V~cations, sick leave ~nd military leave, Chapter 3. Officers and EmPloYees Generally, of Title II. Administration, of the Code of the City of Roanoke, 1956, as amended, relating to vacation time for members of the fire department; and providing for an emergency. WHEREAS, the Council has recently provided for the organization of the fire department on a three platoon system and the City Manager has recommend- ed that subsection 5 of subsection (a), Sec. 12, Chapter 3, Title II, of the Code of the City of Roanoke, 1956, as amended, be further amended to reflect such organizational change in the provisions made for vacation time for employees of the City; and WHEREAS, for the usual daily operation of the municipal government an emergency is deemed to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that subsection 5 of subsection (a) V~c~tions, Sec. 12. Vacations. sick leave and military leave, Chapter 3. Officers ~gd Employees Generally, of Title II. Admi~- .i.~.~.r.a_~.i~, of the Code of the City of Roanoke, 1956, as amended, be amended and reordained, to read and provide as follows, viz: 284 5. Employees of the fire department working on the three platoon system shall be entitled to one and one-quarter calendar days vacation for each full calendar month of service rendered. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of March, 1972. No. 20142. A RESOLUTION providing for a Special Meeting of the Council to be held on Thursday, March 9, 1972, at 10:00 o'clock, a.m. WHEREAS, certain construction at the Sewage Treatment Plant has been advertised by the City, bids for the construction thereof being advertised to be opened before the Mayor and Members of the Council at 10:00 o'clock, a.m., Eastern Standard Time, on Thursday, March 9, 1972. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that a Special Meeting of the Council of the City of Roanoke be held at 10:00 o'clock a.m., Eastern Standard Time, on Thursday, March 9, 1972, in the Council Chambers in the Municipal Building, for the purpose of receiving, opening and considering bids made to the City for the construction of sludge lagoons and chemical feed facilities for the removal of phosphorus at the Sewage Treatment Plant; and for the purpose of taking such action in the premises as the Council may then be advised. ATTEST: APPROVED Deputy City Clerk Mayor 28E IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of March, 1972. No. 20143. AN ORDINANCE authorizing the City Manager's execution of an agreement for a right of entry upon and for a lease from Norfolk & Western Railway Company of approximately six (6) acres of Railway property for the purpose of operating a temporary sanitary landfill, upon certain terms and conditions; and providing for an emergency. WHEREAS, the City has requested and the Norfolk & Western Railway Com- pany is willing to lease to the City upon the terms and conditions hereinafter set out approximately six (6) acres of Railway property hereinafter described for the purpose of operating a temporary sanitary landfill; and, prior to the execution of said lease, to grant the City the right of entry upon said land; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized and empowered to execute on behalf of the City that certain agreement in letter form dated March 2, 1972, with the Norfolk ~ Western Railway Company granting to the City a right of entry upon a certain six-acre tract of land located west of Bridge Street, S. W., and between Roanoke River and the track line of said Railway, to be leased to the City for sanitary landfill purposes, prior to the signing of a lease agreement for said land, upon the following terms and conditions: 1. The City shall pay all costs incurred by the Railway in any neces- sary relocation of the Railway's communication lines on said property. 2. The City shall indemnify and save harmless the Norfolk ~ Western Railway Company from and against all losses and all claims, demands, payments, suits, actions and judgment of every nature and description made, brought or recovered against the Railway by reason or in consequence of the exercise of the permission granted. BE IT FURTHER ORDAINED that the City Manager be, and he is hereby au- thorized and empowered to execute on behalf of the City a lease, upon form approv, ed by the City Attorney, with the Norfolk ~ Western Railway Company of approx- imately six (6) acres of Railway property for the purpose of operating a tempor- ary sanitary landfill on said Railway's property located west of Bridge Street, S. W., and between the Roanoke River and the track line of said Railway, in consideration of the sum of One Dollar ($1.00), upon the following terms and conditions: 286 1. The term of the lease shall be for four months, commencing March 15, 1972, or such other date as is agreed to by the Railway Company and the City Manager. 2. All work shall be done at City expense. 3. All work shall be performed with such care, diligence and coopera- tion with Railway personnel as to avoid accident, damage and harm to persons or Railway property and unnecessary delay to or interference with trains and operation of the Railway. 4. The City shall use the Railway property for the orderly, proper and sanitary disposal of solid refuse waste and shall dispose of said waste by use of compacted layers of refuse covered by layers of compacted dirt. 5. All work shall be performed in such manner and Railway property left free of debris and in such condition as is satisfactory to the Railway. 6. The City shall reimburse the Railway for any and all costs incurre in connection with adjustment of facilities or furnishing engineering, flagging, watchman or inspection service as deemed necessary by the Railway. 7. The City shall construct, at its sole expense and as approved by the Railway, grade crossing across the Railway Company's tracks from the existin¢ roadway southerly to the six-acre tract leased by the City. 8. The City shall have the use of the existing roadway from the west side of Bridge Street in a westerly direction through the Railway Company's property to the temporary cross-over installed by the City pursuant to the pro- visions of the lease. Any repairs to be done to said road shall be done at the sole expense of the City. 9. No drainage conditions will be created and allowed to continue that would be adverse to Railway property. 10. The City shall indemnify and save harmless Norfolk ~ Western Railway Company from and against all losses and all claims, demands, payments, suits, actions and judgments of every nature and description made, brought or recovered against the Railway by reason or in consequence of the exercise of the permission granted. 11. The lease (a) shall not be assigned or transferred without written approval of the Railway and (b) may be terminated by the Railway Company by written notice to the City should the City breach any term or condition of said lease; provided, however, that such termination shall not relieve the City of any obligation or liability incurred prior to said termination. 287 BE IT FURTHER ORDAINED that an emergency existing, this ordinance shall take effect upon its passage. ATTE ST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of March, 1972. No. 20144. A RESOLUTION providing for the City's agreement to certain changes and modifications of the contract proposed and offered to be entered into with the County of Roanoke pursuant to Ordinance No. 20,105, adopted by the Council on February 22, 1972. WHEREAS, the Chairman of the City's Sewer Committee, reporting to the Council on certain conferences held with members and representatives of the Board of Supervisors of Roanoke County subsequent to this Council's adoption of Ordinance No. 20,105, has recommended to the Council in writing dated March 6, 1972, nine (9) changes in the form of contract heretofore authorized by said ordinance to be entered into with the County of Roanoke, respectin9 transmission and treatment by the City of certain of the wastes originating in said county of Roanoke and certain adjacent areas, which said changes are made to appear in writing on file with the City Clerk, a copy of which is being delivered to the Chairman of said Board of Supervisors; and WHEREAS, this Council, considering its committee's said report, is agreeable to the changes so recommended and is agreeable that all such changes be made or incorporated into the form of contract approved by the Council to be entered into with the County of Roanoke under date of February 29, 1972, as said contract is referred to in Ordinance No. 20,105, aforesaid. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council doth APPROVE, as changes to be made or incorporated into the form of contract approved to be entered into between the City of Roanoke and the County of Roanoke by Ordinance No. 20,105, adopted February 22, 1972, respecting the transmission and treatment of certain wastes of the County of Roanoke and certain adjacent areas, those nine (9) certain changes and additions set out in writing over the signature of the Chairman of this Council's Sewer Committee, entitled Changes Proposed March 6, 1972, to Contract Offered February 22, 1972, 288 to be entered into Between City of Roanoke and the County of Roanoke for Se.wage Transmission and Treatment, and filed with the City Clerk, dated March 6, 1972; and BE IT FURTHER RESOLVED that if and when the written contract approved by Ordinance No. 20,105 to be entered into by the City of Roanoke with the County of Roanoke, containing the nine (9) changes thereof and therein as are hereinabove authorized and approved, be accepted and executed by the proper officials of the County of Roanoke, for and on behalf of said County of Roanoke, the Mayor and the City Clerk of the City of Roanoke be, and they are hereby authorized and directed to execute and to seal and attest, respectively, said contract for and on behalf of the City of Roanoke. BE IT FURTHER RESOLVED that the City Manager be, and he is hereby directed to cause prompt delivery to be made of a copy of the within resolution to the Honorable Chairman of the Board of Supervisors of Roanoke County or to some other member of said governing body, should said chairman not be readily found. BE IT FINALLY RESOLVED that, an emergency existing, this resolution be in force and effect upon its passage. ATTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of March, 1972. No. 20145. AN ORDINANCE to amend and reordain Section ~550, "Capital Improvements Fund - Sewage Treatment Plant," of the 1971-72 Sewage Treatment Fund Appropria- tion Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~550, "Capital Improvements Fund - Sewage Treatment' Plant," of the 1971-72 Sewage Treatment Fund Appropriation Ordinance, be, and the same is here- by, amended and reordained to read as follows, in part: CAPITAL IMPROVEMENTS FUND - SEWAGE TREATMENT PLANT ~550 Sewage Treatment Plant (1) .............. $363,250.00 (1) Net increase $363,250.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of March, 1972. No. 20146. AN ORDINANCE conditionally accepting the proposal of D. R. Allen and Son, Incorporated, for construction of sludge lagoons at the Roanoke Sewage Treat- ment Plant; authorizing the proper City officials to execute the requisite con- tract for such construction, upon receipt of approval by State and Federal agen- cies; rejecting all other bids for said work; and providing for an emergency. WHEREAS, upon due and proper advertisement therefor, certain bids were received by the City for the construction hereinafter authorized and, upon open- ing before the Council, at a Special Meeting held on March 9, 1972, were read and referred to a committee for tabulation, as a result of which the proposal herein- after accepted was determined to represent the lowest and best bid made to the City for such work; and WHEREAS, there has heretofore been, or is being appropriated for the purpose a sum sufficient for the payment of the contract price hereinafter men- tioned; and WHEREAS, for the usual daily operation of the municipal government, an emergency is deemed to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as fol- lows: 1o That the proposal of D. R. Allen and Son, Incorporated, for the construction of four (4) sludge lagoons and certain related work at Roanoke Sewage Treatment Plant, Sewage Treatment Plant Addition, Contract A, Division I, in full accordance with the City's plans and specifications made therefor, for a base bid sum of $384,000.00, which proposal is on file in the office of the City Clerk, be, upon the City's receipt of the formal approvals set out in para- 29O ATTEST: graph 2., infra, ACCEPTED; the cost whereof shall be paid out of funds which have heretofore, or are being appropriated by the Council for said improvement; 2. That, upon the City's receipt of approval by all requisite State and Federal agencies of the plans and specifications whereon such contract would be let, the City Manager and the City Clerk be, and they are hereby author' ized and directed, for and on behalf of the City, to execute the requisite contract with the successful bidder, based on its base bid aforesaid, the form and terms of which said contract shall be as set out in the contract documents whereon said bid was made; and 3. That the proposals of all other bidders to the City for the performance of said work be, and they are hereby REJECTED; the City Clerk to so notify each said other bidder and to express to each the City's appreciation for said bid. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in full force and effect upon its passage. APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of March, 1972. No. 20147. AN ORDINANCE conditionally accepting the proposal of English Construc- tion Company, Incorporated, for construction of phosphorus removal facilities; at the Roanoke Sewage Treatment Plant; authorizing the proper City officials to execute the requisite contract for .such construction, upon receipt of appro- val by State and Federal agencies; and providing for an emergency. WHEREAS, upon due and proper advertisement therefor, certain bids were received by the City for the construction hereinafter authorized and, upon opening before the Council, at a Special Meeting held on March 9, 1972, were read and referred to a committee for tabulation, as a result of which the pro- posal hereinafter accepted was determined to represent the lowest and best bid made to the City for such work; and WHEREAS, there has heretofore been, or is being appropriated for the purpose a sum sufficient for the payment of the contract price hereinafter men- tioned; and 29] WHEREAS, for the usual daily operation of the municipal government, an emergency is deemed to exist in order that this ordinance take effect upon its passageo THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: ATTE ST: 1. That the proposal of English Construction Company, Incorporated, for the construction of phosphorus removal facilities and other related work at the Roanoke Sewage Treatment Plant, Sewage Treatment Plant Addition, Contract A. Division II, in full accordance with the City's plans and specifications made therefor, for a base bid sum of $298,000.00, which proposal is on file in the office of the City Clerk, be, upon the City's receipt of the formal approvals set out in paragraph 2, infra, ACCEPTED; the cost whereof shall be paid out of funds which have heretofore, or are being appropriated by the Council for said improvement; 2. That upon the City's receipt of the approval by all requisite State and Federal agencies of the plans and specifications whereon such contract would be let, of the contract herein authorized to be entered into, and upon the offer to and acceptance by the City of grant of Federal and State participating funds, the City Manager and the City Clerk be, and they are hereby authorized and directed, for and on behalf of the City, to execute the requisite contract with the successful bidder, based on its base bid aforesaid, the form and terms of which said contract shall be as set out in the contract documents whereon said bid was made. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shal~ be in full force and effect upon its passage. A P P R 0 V E D Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of March, 1972. No. 20128. AN ORDINANCE permanently vacating, discontinuing and closing certain streets and portions of streets, avenues and portions of avenues, and alleys within the boundary of or bordering the Kimball Redevelopment Project VA R-46 in the northeast section of the City of Roanoke, Virginia as are hereinafter more fully described. 292 WHEREAS, the City of Roanoke Redevelopment and Housing Authority has heretofore filed a petition with the Council of the City of Roanoke, Virginia, in accordance with law, requesting said Council to permanently vacate, discontinue and close certain streets, avenues and alleys or portions of same located within the boundary of or bordering the Kimball Redevelopment Project VA R-46, of 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 the Council on the 4th day of January, 1972 to view the property and to report in writing whether in their opinion any inconvenience would result from permanently vacating, discontinuing and closing said streets, avenues and alleys or portions of same; and WHEREAS, it appears from the written report of said viewers filed with the City Clerk on the 29th day of February, 1972, that no inconvenience would result either to any individual or to the public from permanently vacating, dis- continuing and closing said streets, avenues and alleys or portions of same; and WHEREAS, Council at its meeting on the 4th day of January, 1972 referred the petition to the City Planning Commission, which Commission by its report dated February 3, 1972, and filed with Council recommended that the petition to vacate, discontinue and close the streets, avenues and alleys and portions there- of hereinafter more fully described be approved; and WHEREAS, a public hearing was held on the question before the Council at its regular meeting on March 6, 1972, after due and timely notice thereof published in The World News, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on the question; and WHEREAS, from all of the foregoing, the Council considers that no in- convenience will result to any individual or to the public from permanently vacating, discontinuing and closing the streets, avenues and alleys and portions thereof within and bordering upon the Kimball Redevelopment Project, as applied for by the petitioner, and that said streets, avenues and alleys and portions thereof should be permanently closed as hereinafter provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that all of the following described streets, avenues, alleys and portions of streets and avenues located within the boundary of or bordering upon the Kimball Redevelopment Project VA R-46 of the City of Roanoke Redevelopment and Housing Authority, located in the northeast section of the City of Roanoke, be and they are hereby permanently vacated, discontinued and closed; and that all right, title and interest of the public in and to the same be, and it is hereby released insofar as the Council of the City of Roanoke is empowered so to do, the City o£ Roanoke 29 : hereby expressly reserving an easement in said streets, avenues, alleys and por- tions of streets and avenues for the maintenance, operation, repair and replace- ment of any existing water line, or other municipal installation or public util- ity now located in said streets, avenues, alleys and portions of streets and avenues, such easement or easements to terminate upon the later abandonment of use or permanent removal from the streets, avenues, alleys and portions of streets and avenues of any such municipal installation or utility by the owner thereof: 1. All of a certain alley approximately l0 feet in width intersecting with the easterly side of 6th Street, N. E. 95 feet northerly from Rutherford Avenue and 94.01 feet southerly from Walker Avenue, and extending thence in an easterly direction parallel with Rutherford Avenue and Walker Avenue approximately 375 feet to the northwesterly line of Kimball Avenue. 2. All of a certain alley intersecting with the westerly side of 5th Street, N. E. 95 feet southerly from Rutherford Avenue and 100 feet northerly from Harrison Avenue, thence extending in a westerly direction parallel with Rutherford Avenue and Harrison Avenue a distance of approximately 425 feet to the property line of Roanoke Auto Spring Works, Inc. 3. All of a certain alley intersecting with the easterly side of 5th Street, N. E. 95 feet southerly from Rutherford Avenue and 100 feet northerly from Harrison Avenue and extending thence in an easterly direction parallel with said streets a distance of 250 feet to the boundary line between Lots 211 and 212, Ward 4, Map of Roanoke Land and Improvement Company. 4. All of a certain alley approximately 10 feet in width intersecting with the westerly side of 6th Street, N. E. equi-distant between Rutherford Avenue and Harrison Avenue, N. E. extending thence in a westerly direction a distance of approximately 100 feet to the boundary line between Lots 212 and 213, Ward 4, Map of Roanoke Land and Improvement Company. 5. All of a certain alley approximately 10 feet in width intersecting with the easterly side of 5th Street, N. E. 95 feet more or less northerly from Gilmer Avenue and 15.8 feet more or less southerly from Kimball Avenue, and extending thence in an easterly direction 200 feet more or less to the dividing line between Lots 96 and 97, Ward 4, Map of Roanoke Land and Improvement Company. 6. All of a certain alley intersecting with the easterly side of 6th Street, N. E. 97 feet more or less southerly from Eastport Avenue and 90 feet more or less northerly from Gilmer Avenue and extending thence in an easterly direction approximately 161.5 feet to the northwesterly side of Shenandoah Avenue. 7. All of the area of 5th Street, N. E. lying between the intersection of 5th Street with the southerly line of Walker Avenue, N. E. on the north and the intersection of 5th Street and the northerly line of Rutherford Avenue, N. E. on the south; and all of the area of 5th Street, N. E. lying between the intersection of 5th Street with the southerly line of Rutherford Avenue, N. E. on the north and a line projected at right angles across 5th Street from a point on the easterly side of 5th Street 183.27 feet south of the southerly line of Gilmer Avenue, N. E., on the south. 8. All of the area of 6th Street, N. E. lying between the intersection of 6th Street with the southerly line of Walker Avenue, N. E. on the north and the intersection of 6th Street with the northerly line of Rutherford Avenue, N. E. on the south. 294 9. All of the area of 6th Street, N. E. lying between the intersection of 6th Street with the southerly line of Rutherford Avenue, N. E. on the north and the intersection of 6th Street with the northerly line of Gilmer Avenue, N. E. on the south. 10. All that area comprising the easterly one-half of 4th Street, N. E. lying between the northerly line of Harrison Avenue, N. E. on the north and the northerly line of Patton Avenue, N. E. on the south, the easterly one-half of 4th Street to be closed being approximately 25 feet in width. ll. All of the area of Harrison Avenue, N. E. lying between the intersection of Harrison Avenue with the centerline of 4th Street, N. E. on the west and the intersection of Harrison Avenue with the easterly line of 6th Street, N. E. on the east. 12. All of the area of Patton Avenue, N. E. lying between the intersection of Patton Avenue with the easterly line of 4th Street, N. E. on the west and the intersection of Patton Avenue with the easterly line of Shenandoah Avenue, N. E. on the east. 13. All of the area of Eastport Avenue, N. E. lying between the intersection of Eastport Avenue with the easterly line of 4th Street, N. E. on the west and the intersection of Eastport Avenue with the northwesterly line of Shenandoah Avenue, N. E. on the east. 14. All of the area of Gilmer Avenue, N. E. lying between the intersection of Gilmer Avenue with the easterly line of 4th Street, N. E. on the west and a line projected at right angles across Gilmer Avenue located 90 feet easterly from the easterly line of 5th Street, N. E. on the east. 15. All of the area of Wells Avenue, N. E. lying between the intersection of Wells Avenue with the easterly line of 4th Street, N. E. on the west and the intersection of Wells Avenue with the .westerly line of 5th Street, N. E. on the east. 16. All of the area of Kimball Avenue, N. E. lying between the intersection of Kimball Avenue with the northerly line of Wells Avenue, N. E. on the south and the intersection of Kimball Avenue with the easterly line of 6th Street, N. E. on the northeast. 17. All of the area of Shenandoah Avenue, N. E. lying between the intersection of Shenandoah Avenue with the northerly line of Patton Avenue, N. E. on the north and a line projected at right angles across Shenandoah Avenue from a point constituting the intersection of the northwesterly line of Shenandoah Avenue and the northerly line of Gilmer Avenue, N. E., on the southwest. 18. All of the area located within the following intersections of the above mentioned streets: Intersections of Harrison Avenue with 4th Street to the centerline of 4th Street; Harrison Avenue with 5th Street; Harrison Avenue with 6th Street; Patton Avenue with 5th Street; Patton Avenue with Kimball Avenue; Patton Avenue with 6th Street; Patton Avenue with Shenandoah Avenue; Eastport Avenue with 5th Street; Eastport Avenue with Kimball Avenue; Eastport Avenue with 6th Street; Gilmer Avenue with Kimball Avenue; Gilmer Avenue with 5th Street. Ail of the foregoing descriptions being according to Tax Appraisal Maps No. 301 and 302 of record in the City Engineer's Office of the City of Roanoke. BE IT FURTHER ORDAINED that the City Engineer be, and he hereby is, directed to mark "permanently vacated" on all the above described streets, ave- hues, or portions thereof, or alleys on all maps and plats on file in his office on which said streets, avenues and alleys are shown, referring to the book and page of Ordinances and Resolutions of the Council of the City of Roanoke wherein this Ordinance shall be spread. 29E ATTE ST: BE IT FURTHER ORDAINED that the Clerk of the Council deliver to the Clerk of the Hustings Court of the City of Roanoke, Virginia a certified copy of this Ordinance in order that the Clerk of said Court may make proper notation on all maps and plats recorded in his office upon which are shown said streets, avenues and alleys hereby vacated, as provided by law, and that, if so request- ed by any party in interest, he may record the same in the deed book in his office indexing the same in the City of Roanoke as grantor and in the name of any party in interest who may request it as grantee. APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of March, 1972. No. 20136. AN ORDINANCE awarding certain concession privileges to be exercised at Victory Stadium and the Athletic Grounds in Maher Field upon certain terms and provisions, on the basis of a certain bid made therefor; directing the ex- ecution of a requisite contract; and rejecting all other bids made for the award of said privileges. WHEREAS, on February 29, 1972, and after due and proper advertisement had been made therefor certain bids for certain concession privileges to be exercised at Victory Stadium and the Athletic Grounds in Maher Field were open- ed in the office of the City's Purchasing Agent by three members of a committee appointed for the purpose, and thereafter were tabulated and studied by the committee which has made written report and recommendation to the Council through the City Manager; and WHEREAS, the City Manager concurs in the committee's report and has directed the same to Council recommending award of the concession privileges as hereinafter provided; and the Council considering all the same, has determined that the bid hereinafter accepted is the highest and best bid meeting the City's specifications made for the award of such privileges, and should be accepted. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Robert E. Stone trading as Stone's Enterprises be and is awarded concession privileges to be exercised at Victory Stadium and the Athletic Grounds in Maher Field for the period commencing as of April 1, 1972, and ending December 31, 1972, with an option to renew for two additional years, in consideration of which said concessionaire shall pay to the City the sum of $4,000.00 per year; 296 all in full accordance with the City's specifications made therefor, and with said concessionaire's proposal which is on file in the office of the City Clerk, and the City Manager is hereby authorized and directed, for and on behalf of the City, to enter into and execute a requisite contract in writing with the aforesaid concessionaire respecting the concession privileges to be exercised by said concessionaire as herein awarded, such contract to have incorporated into it all of the terms, provisions and conditions contained in the City's form of proposal advertised for bids in the premises and on which the aforesaid con- cessionaire's bid to the City, dated February 22, 1972, was made, said contract to be, otherwise, on such form as is approved by the City Attorney. BE IT FURTHER ORDAINED that all other bids received by the City for the award of the aforesaid concession privileges be, and said other bids are REJECTED; the City Clerk to so notify each said other bidder and express the City's appreciation for the submission of said bids. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of March, 1972. No. 20149. AN ORDINANCE to amend and reordain Section =25, "Clerk of Courts," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~25, "Clerk of Courts," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CLERK OF COURTS ~25 Maintenance of Machinery and ..... Equipment (1) (2) .................. $3,558.60 (1) Net increase--- $843.00 (2) Said amount having been received by the City of Roanoke from a special recording fee fund BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of March, 1972. No. 20150. ATTEST: AN ORDINANCE to amend and reordain Section =55, "Engineerin9," of the 1971-72 Appropriation Ordinance, and providin9 for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~55, "Engineering," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: ENGINEERING ~55 Travel Expense (1) .................. $779.12 Education (2) ....................... 420.88 (1) Net decrease- $120.88 (2) Net increase- 120.88 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of March, 1972. No. 20151. AN ORDINANCE to amend and reordain certain sections of the 1971-72 Water Fund Appropriation Ordinance, and providin§ for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1971-72 Water Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: WATER PURIFICATION ~280 Operatin9 Supplies G Materials (1) ........ $66,000.00 WATER - PUMPING STATIONS g TANKS ~260 Utilities (2) ............................. Operatin9 Supplies and Materials (3) ...... Communications (4) ........................ 43,000.00 550.00 1,175.00 298 WATER - DISTRIBUTION AND TRANSMISSION =290 Operating Supplies and Materials (5) ..... $29,250.00 Communications (6) ..... 1,500.00 Operating Supplies ~ ~;r~{~'i~i .~ 28,750.00 Clothing and Personal Supplies (8) ....... 900.00 WATER ~450 Services, hydrants and water lines (9) ................................ $70,000.00 (1) Net decrease (2) Net increase (3) Net decrease (4) Net increase (5) Net decrease (6) Net increase- (7) Net decrease (8) Net increase (9) Net increase ---$ 4,000.00 4,000.00 200.00 -- 200.00 750.00 --- 750~00 -- 500,00 500~00 -- 70,000~00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of March, 1972. No. 20152. A RESOLUTION concurring in the award of a contract by the Department of Highways for the construction of a new bridge and approaches at the crossing of Grandin Road, S. W., over Mud Lick Creek, at the City's west corporate limits, as Highway Project 0682-080-149, C-501; 0682-080-150, B-633; and committing the City to participate in the payment of a certain portion of the costs of said project. WHEREAS, pursuant to the City's request therefor, the Department of Highways has formulated plans and received a contractor's bid for constructing a new bridge and approaches at the crossing of Grandin Road, S. W., over Mud Lick Creek, located partly in the City and partly in Roanoke County, the total cost of which project, including costs of right-of-way acquisition and other re- lated items, is estimated to amount to the total sum of $162,069.97, of which total cost $74,650.85 is allocable to work to be done within the City of Roanoke and of which allocated cost it is proposed that the City would pay fifteen per cent, (15%), and the Commonwealth would pay eighty-five per cent, (85%), as would be set out in formal agreement to be entered into with the Commonwealth; and WHEREAS, this Council desires by this resolution to recommend to said Department of Highways acceptance of the contractor's aforesaid bid and to sig- nify the City's commitment to the proportionate payment of the allocated costs of the project as aforesaid; and WHEREAS, funds sufficient to pay the City's share of the estimated total costs of said project have been appropriated by the Council for that pur- pose. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said City doth concur in the award of a contract, based on a low bid, by the Commonwealth of Virginia, Department of Highways, for the construction of a new bridge and approaches at the crossing of Grandin Road, S. W., over Mud Lick Creek, as shown on the plans for Project 0682-080-149, C-501; 0682-080-150, B-633~ said contract, together with ten per cent, (10%), for contingencies, to be for the sum of $138,880.39. BE IT FURTHER RESOLVED that the City of Roanoke will and does hereby commit said City to participate with the Commonwealth of Virginia in payment of the actual cost of the aforesaid project by reimbursement and payment to the Commonwealth of fifteen per cent, (15%), of the total actual cost of that por- tion of said project which is located within the City of Roanoke and which, as so allocated, is estimated to amount of $74,650.85, the Commonwealth to pay eighty-five per cent, (85%), of all such costs, it being understood that the total actual cost abovestated is estimated and the percentages will be applied to actual costs of the project within the City; and that the City of Roanoke will enter into appropriate written agreement with the Commonwealth of Virginia, Department of Highways, as to all of the aforesaid commitments of the City. BE IT FURTHER ORDAINED that attested copies of this resolution be forthwith transmitted to officials of the Department of Highways as evidence of this Council's concurrence in the award of the withinmentioned contract and of the City of Roanoke's commitment to payment of the costs of the project as here- in provided. APPROVED Deputy City Clerk Mayor 3OO IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of March, 1972. No. 20153. A RESOLUTION approving award by the Department of Highways of Contract II, for the purchase of signs on Highway Project 0460-128-102, S-901. WHEREAS, the City is advised by the Commonwealth of Virginia, Depart- ment of Highways, of the low bid hereinafter described for the purchase, under Contract II, of signs on Project 0460-128-102, S-901, and of the desire of the Department of Highways to award a contract on the basis of said bid; and WHEREAS, there has heretofore been appropriated by the Council for said project a sum sufficient to pay the City's fifteen per cent (15%) share of the contract cost for providing such signs, and the City Manager has recommended that the Council concur in the award by the Department of Highways of the afore- said contract. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council concurs in the award by the Commonwealth of Virginia, Department of Highways, of Contract II to Donald H. Selvage, Inc., of Amherst, Virginia, pro- viding for the installation of highway and traffic signs on that portion of Orange Avenue in the City of Roanoke under construction as Highway Project 0460- 128-102, S-901, at a total contract cost of $126,814.00, including 10% for en- gineering and contingencies, of which said total cost the City's 15% share will be $19,O22.10, which said latter amount shall be reimbursed by the City to the Commonwealth. BE IT FURTHER RESOLVED that an attested copy of this resolution be transmitted by the City Manager to the Department of Highways, through establish- ed channels of transmittal. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of March, 1972. No. 20154. AN ORDINANCE providing for the execution of an agreement with the Virginia Department of Highways relative to the construction and maintenance of 30:1 Highway Project U000-128-101, PE-iO1, RW-201, G-301, C-501, B-602, Federal Pro- ject EHS-TG-MG-6010 (001), and signifying the City's intent to participate in the payment of a certain portion of the costs of said project; concurring in the award of a contract by the Commonwealth of Virginia, Department of Highways, for construction of a new bridge on 10th Street; and providing for an emergency. WHEREAS, pursuant to the City's request made to the Commonwealth of Virginia, Department of Highways, that a project be initiated for improvements to 10th Street, in the City, between Patterson Avenue, S. W., and Gilmer Avenue, N. W., the Department of Highways has formulated plans and received a contractor' bid of the sum of $1,164,876.50 for certain improvements to a portion of said project, including in such portion a new bridge over the tracks of the Norfolk and Western Railway; the total cost of the entire of said project, including costs of right-of-way acquisition and other related items, being estimated to amount to the total sum of $1,702,758.00, of which total cost the City would offer to pay certain portions as hereinafter set out;. and WHEREAS, the Commonwealth of Virginia, Department of Highways, has requested that the City enter into agreement with said Department agreeing upon the maintenance, signing and regulation of parking on said highway and agreeing upon the various proportions of the total cost of the highway construction whi~ the City shall pay, as such construction is accomplished in two or more stages; and WHEREAS, the City's estimated share of the cost of said project being $262,443.40, sums sufficient to pay such cost have been appropriated by the Coun- cil for the purpose; and WHEREAS, for the usual daily operation of the municipal government an emergency is hereby set forth and declared to exist in order that this ordinance may take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that said City doth concur in the award of a contract by the Commonwealth of Virginia, Department of Highways, to E. F. Blankenship Company, of Salem, Virginia, for the construction of a new bridge over the tracks of the Norfolk and Western Rail- way Company on 10th Street and as shown on the plans for Project U000-128-101, PE-iO1, RW-201, G-301, C-501, B-602, Federal Project EHS-TG-MG-6010 (001), said contract to be for the sum of $1,281,364.15, of which the City's proportionate share will be as set out in the Agreement hereinafter set out in detail. BE IT FURTHER ORDAINED that Julian F. Hirst, City Manager, and Virginia L. Shaw, City Clerk, or their duly appointed and authorized assistants or depu- ties, be, and they are hereby authorized to execute, seal and attest, respective- ly, on behalf of the City with the aforesaid Commonwealth of Virginia, Department 302 of Highways, an agreement relating to the maintenance, signing and regulation of parking on the aforesaid highway under provisions of the Federal Highway Act, and il containing the City's agreement to participate in payment of the actual cost of said improvements as herein set out, the agreement to be in the following words and figures, to-wit: "AGREEMENT BY MUNICIPALITY OR POLITICAL SUBDIVISION TO MAINTAIN HIGHWAYS IMPROVED UNDER PROVISIONS OF FEDERAL HIGHI~AY ACT AS AMENDED AND SUPPLEMENTED" The City of Roanoke, State of Virginia, hereinafter referred to as Roanoke, and the Virginia Department of Highways, hereinafter referred to as the Highway Department, hereby agree as follows: 1. That the Highway Department will submit a project for the improvement of 0.551 mile of 10th Street within Roanoke from Patterson Avenue to Gilmer Avenue, Station 38+50.00 to Station 19+34.50, known as 10th Street, Project U000-128-101, PE-IO1, RW-201, G-301, C-501, B-602, Federal Project EHS-TG-MG-6010 (001). 2. Roanoke hereby approves the plans as designated and requests the Highway Department to submit the aforementioned project with recommend- ation that it be approved by the Federal Highway Administration and agrees that if such project is approved and constructed by the Highway Department and the Federal Highway Administration, it, thereafter, at its own cost and expense, will maintain the project, or have it maintained, in a manner satisfactory to them or their authorized representatives and will make ample provision each year for such maintenance. 3. Roanoke hereby agrees that the location, form and character of informational, regulatory, warning signs, curb and pavement or other markings and traffic signals, installed or placed by any public authority, or other agency, shall be subject to the approval of the Highway Department. 4. Parking will be prohibited at all times on both sides of this project as above described. 5. At places where parking is prohibited, the appropriate NO PARKING signs shall be erected. The size, design and color of such signs shall conform to the standards as shown in the latest edition of the Manual on Uniform Traffic Control Devices. 6. Roanoke agrees that after construction of the project, or any part thereof, it will not permit any reduction in the number or width of traffic lanes, additional median crossovers, enlargement of existing median crossovers, or alterations of channelization islands, without the prior approval of the Highway Department. 7. Roanoke agrees that prison labor will not be used for any purpose whatsoever on this project during the time it is under construction agreement between the Highway Department and the Federal Highway Administration. 8. It is understood that these projects are to be built in two or more stages, or contracts, and that the foregoing shall apply, to the extent possible to the several stages, and fully to the completed highway facility. 9. Roanoke agrees to participate in the actual cost of these pro- jects in accordance with the following tabulations, understanding that the costs shown are estimated and the percentages will be applied to actual costs. It is further understood that when subsequent stages of these projects are ready for construction (or execution), a similar tabulation of costs will be prepared, and will, upon approval by Roanoke and the Highway Department, be attached'to and become a part of this agreement. 30c Item ~-301 Road Construction On-the-Job Trainees Demolition Work Construction Ident. Signs Construction Signs B-602 Bridge over N & W Railway & Shenandoah Avenue Support for Water Main Telephone Conduit Flagging Protection Railroad Work PE-IO1 Preliminary Engineering Preliminary Engineering RW-201 Right of Way TOTALS Estimated Cost ROANOKE'S SHARE Amount $ 176,316.00 15 $ 26,447.40 4,800.00 15 720.00 2,606.00 15 391.00 280.00 15 42.00 1,650.00 15 247.50 1,070,650.00 15 160,597.50 5,610.00 100 5,610.00 20,900.00 0 0 4,746.00 15 712.00 110,752.00 15 16,613.00 88,100.00 15 13,215.00 6,348.00 100 6,348.00 210,000,00 15 $1,702,758.00 31,500.00 $262,443.40 IN WITNESS WHEREOF, the parties have hereunto affixed their signa- tures, the City of Roanoke on the day of , 1972, and the Highway Department on the day of , 1972. ATTEST: CITY OF ROANOKE (Municipality or political subdivision) By City Manager City Clerk COMMONWEALTH OF VIRGINIA, DEPARTMENT OF HIGHWAYS (Official title of Highway Department) By APPROVED AS TO FORM: Deputy Commissioner City Attorney" BE IT FURTHER ORDAINED that nine (9) attested copies of this ordinance and of the aforesaid agreement, duly executed, be transmitted to officials of the Commonwealth of Virginia, Department of Highways, as evidence of this Council's concurrence and statement of agreement; and BE IT FINALLY ORDAINED that, an emergency existing, this ordinance shall be in force and effect upon its passage. A TTE ST: APPROVED Deputy City Clerk Mayor 3O4 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of March, 1972. No. 20155. AN ORDINANCE amending Ordinance No. 19751, heretofore adopted on June 28, 1971, providing a System of Pay Rates and Ranges and a new Pay Plan, by add- ing to said Pay Plan a new position of employment; and providing for an emergency WHEREAS, the City Manager having recommended to the Council the change to the City's Pay Plan hereinafter authorized to be made in order to make provi- sion for an additional position of Assistant to the City Manager for Community Relations, and the Council having concurred in said City Manager's recommendation; and WHEREAS, for the usual daily operation of the municipal government, an emergency is declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Ordinance No. 19751, heretofore adopted on the 28th day of June, 1971, providing a System of Pay Rates and Ranges and a new Pay Plan for the employees of the City, be and the same is hereby amended by the addition to the aforesaid Pay Plan, in an appropriate place, of the following described position of employment, such addition to be made in the following words and figures, to-wit: Code 1235 ~l~$sification Work Range Week No. Assistant to the City Manager for Community Relations 40 25 S%~ps i~ Monthly AmQ~nts 1 2 3 4 5 6 $820 $860 $904 $948 $996 $1,044 BE IT FURTHER ORDAINED, that an emergency existing, this ordinance shall be in force and effect upon its passage. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of March, 1972. No. 20156. AN ORDINANCE amending and reordaining subsection (e) of Sec. 11. Office hours ~pd holidays, Chapter 3. Officers ~nd Employees Generally, Title II. Admin- 30.. istr~ti0~, of the Code of the City of Roanoke, 1956, as amended, making provision for the work week of members of the fire department and the work week of members of the police department; and providing for an emergency. WHEREAS, the Council having recently provided for the organization of the fire department on a three-platoon system so that a regular fifty-six, hour work week be made applicable to the members of said department; and WHEREAS, accordingly, the provisions contained in subparagraph (e), Sec. 11, Chapter 3, Title II, of the Code of the City of Roanoke, 1956, as amended, need be further amended, and the City Manager has so recommended; and WHEREAS, for the usual daily operation of the municipal government an emergency is deemed to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that subsection (e) of Sec. 11. Office hours and holidays, Chapter 3. Officers and Employees Generally, Title II. Administration, of the Code of the City of Roanoke, 1956, as amended, containing certain special provisions with reference to employ- ment of members of the fire department and members of the police department of the City be, and subsection (e) of the aforesaid section, chapter and title be, and is hereby amended and reordained, to read and provide as follows, viz: (e) The city manager shall arrange and establish a fifty-six-hour work week for all members of the fire department; and he shall arrange and establish a forty-hour work week for all members and employees of the police department, using, in each case, such personnel as are presently employed or as may, from time to time, be authorized for employment in said departments. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of March, 1972. No. 20157. A RESOLUTION amending Resolution No. 20121 adopted February 28, 1972, authorizing and directing application to be made to the Virginia State Water Con- trol Board and the Federal Water Pollution Control Administration for a grant to 306 the City under the Federal Water Pollution Control Act for aid in a 14 MGD ex- pansion to the existing 21MGD Sewage Treatment Plant, together with advanced waste treatment facilities for a 35 MGD flow. WHEREAS, Federal regulations appear to require that not only the title but the name of the City Manager of the City of Roanoke be stated in the resolu- tion of the City Council authorizing such City Manager to make application on behalf of said City for grant to the City under the Federal Water Pollution Control Act. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that ~ulian F. Hirst, City Manager of the City of Roanoke be and he is hereby author- ized and directed to make application on behalf of the City to the State Water Control Board and Federal Water Pollution Control Administration for grants to the City of $11,627,200.00 of State and Federal funds to aid the City in the expansion of its sewage treatment plant, together with advanced waste treatment; and, in so doing, said City Manager is authorized to execute the name of the City of Roanoke to requisite application forms and to make assurance that the City will pay the remaining cost of the project so approved and will provide, after completion of the aforesaid project, proper and efficient operation and maintenance of said sewage treatment plant; and to execute, further, the compli- ance report for Title 6 of the Civil Rights Act of 1964 on Form FWPCA-T128 (8-67) and the assurance of compliance with respect to Title 6 of the Civil Rights Act of 1964 as it applies to the grant, from the Environmental Protection Agency on DI Form 1350. BE IT FURTHER RESOLVED that this City Council doth hereby ratify, approve and'confirm such written application as may have been heretofore executed and made on behalf of said City by said Julian F. Hirst, City Manager, under date of February 29, 1972, to the Virginia State Water Control Board and the Federal Water Pollution Control Administration for grant to the City of $11,627,200.00 of State and Federal funds for the purposes hereinabove stated and, further, doth ratify, approve and confirm the written assurances executed and made on behalf of the City of Roanoke by said Julian F. Hirst, City Manager, attached to and accompanying the aforesaid application dated February 29, 1972, all done by the said Julian F. Hirst, City Manager, on behalf of the City of Roanoke pursuant to the authorization cantained in Resolution No. 20121 of this Council heretofore adopted on February 28, 1972. A P P R 0 V g D ATTEST: Deputy City Clerk Mayor 307 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of March, 1972. No. 20158. A RESOLUTION relating to the Honorable J. ROBERT THOMAS, former City Auditor of the City of Roanoke. WHEREAS, J. ROBERT THOMAS has recently tendered to the City his notice of retirement as City Auditor of the City of Roanoke; and WHEREAS, Mr. Thomas, in his more than forty-six years of devoted and effective service to the City in various positions of responsibility in the City' government, including City Clerk, City Auditor and, from time to time, acting City Manager, has given to his community his unceasing personal efforts in fur- thering the best interests of his City, throughout which time his boundless ener9 has enabled him to contribute greatly to his City, his State and his nation in the Virginia National Guard and later in the United States Air Force, in sundry activities of the Virginia Municipal League and its Finance Officers' Association and as Roanoke's Director of Civil Defense, as well as in other civic and frater- nal affairs; and WHEREAS, in his dedication to his community and its government, he has displayed the highest quality of public service and exhibited unswerving alleqi' ance to principles of sound fiscal management in government and devotion to the interests of the people whom he has served. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council doth publicly commend the Honorable J. ROBERT THOMAS for his many years of devoted service to the City; and this Council extends to him its warmest sense of appreciation and that of the citizens of the City, for the exemplary manner in which he has fulfilled the duties of his several offices. BE IT FURTHER RESOLVED that the City Clerk do transmit to Mr. Thomas an attested copy of this resolution on behalf of the Council. APPROVED ATTEST: Deputy City Clerk Mayor 3O8 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of March, 1972. No. 20159. A RESOLUTION calling attention to and endorsing a program for expansion of the facilities at Friendship Manor in the Roanoke Valley. WHEREAS, the Board of Directors of Friendship Manor, having heretofore established in the City of Roanoke, a facility designed on the concept of assist- ing the aged to become independent and ageless, has undertaken expansion of the Friendship Manor facilities so as to provide, in addition, facilities for conval- escent care of residents and a unit devoted to mental health services; and WHEREAS, provision of the aforesaid new facilities will make available to the residents of Roanoke Valley, a range of medical services, now available only in established hospitals and will provide additional and new types of mentalli health services for said residents and for others in the community needing the same, thereby augmenting but relieving the burden on local public institutions iil and facilities engaged in similar services at a minimum cost to the recipient of such services and such efforts should, 'in the opinion of the Council, be encour- aged. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council calls to the attention of this community and endorses for support by all such persons, by way of private donations, the program of Friendship Manor, a non profit institution which has as its goal, provisions for new conval- escent care and mental health facilities. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, THE 17th day of March, 1972. No. 20160. A RESOLUTION providing for the City's agreement to certain changes and modifications of the contract proposed and offered to be entered into with the County of Roanoke pursuant to Ordinance No. 20105, adopted by the Council on February 22, 1972. 309 WHEREAS, the Chairman of the City's Sewer Committee, reporting to the Council on additional conferences and negotiations held with members and represen- tatives of the Board of Supervisors of Roanoke County and of said County's public service authority subsequent to this Council's adoption of Ordinance No. 20105 on February 22, 1972, and its adoption of Resolution No. 20144 on March 6, 1972, has recommended to the Council in writing dated March 17, 1972, certain specific changes in the form of contract heretofore authorized by said ordinance to be entered into with the County of Roanoke respecting transmission and treatment by the City of certain of the wastes originating in said county of Roanoke and certai adjacent areas, which said changes, including proposal that the Roanoke County Public Service Authority be made a contracting party to said contract, are made to appear in written report to Council dated March 17, 1972, on file with the City Clerk, a copy of which is being delivered to the chairmen of said Board of Super- visors and said Public Service Authority, and which said written report incorpor- ates all changes recommended to be made in the form of contract approved February 22, 1972, as aforesaid; and WHEREAS, this Council, considering its committee's report dated March 17, 1972, is agreeable to the changes recommended in said report and is agreeable that all such changes be made or incorporated into the form of contract approved by the Council to be entered into with the County of Roanoke under date of Febru- ary 29, 1972, as said contract is referred to in Ordinance No. 20105, aforesaid, including the additions of said public service authority as a contracting party thereto. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council doth APPROVE as the changes, and the only changes to be made or in- corporated into the form of contract approved to be entered into between the City of Roanoke and the County of Roanoke by Ordinance No. 20105, adopted February 22, 1972, respecting the transmission and treatment of certain wastes of the County of Roanoke and certain adjacent areas, those fourteen (14) certain changes and additions set out in writing over the signature of the Chairman of this Council's Sewer Committee, entitled Changes Proposed March 17, 1972, to Contract Offered February 22, 1972, to be entered into Between City of Roanoke and the County of Roanoke for Sewage Transmission and Treatment, and filed with the City Clerk, dated March 17, 1972, including the addition of Roanoke County Public Service Authority as a contracting party thereto and as therein set out; and BE IT FURTHER RESOLVED that if and when the written contract approved by Ordinance No. 20105, to be entered into by the City of Roanoke with the County of Roanoke, containing fourteen (14) changes thereof and therein as are set out in the written report of the Chairman of this Council's Sewer Committee, dated March 17, 1972, and as are hereinabove authorized and approved, be accepted and 310 executed by the proper officials of the County of Roanoke, for and on behalf of said County of Roanoke and by the proper officers of the Roanoke County Public Service Authority, for and on behalf of said Authority, the Mayor and the City Clerk of the City of Roanoke be, and they are hereby authorized and directed to execute and to seal and attest, respectively, said contract for and on behalf of the City of Roanoke, the same to be dated and entered into as of March 17, 1972. BE IT FURTHER RESOLVED that the City Manager be, and he is hereby directed to cause prompt delivery to be made of a copy of this resolution, to which shall be attached a copy of the written report dated March 17, 1972, afore- mentioned, to the chairmen of the Board of Supervisors of Roanoke.County and of the Roanoke County Public Service Authority, or to some other member of said body or bodies should either said chairman not be readily found. BE IT FINALLY RESOLVED that, an emergency existing, this resolution .be in force and effect upon its passage. A P P R 0 V E D ATTEST: .~x/~.~c Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of March, 1972. No. 20148. AN ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of the Code of the City of Roanoke, 1956, as amended, and Sheet No. 263, Sectional 1966 Zone Map, City of Roanoke, in relation to zoning. WHEREAS, application has been made to the Council of the City of Roa- noke to have Lots 5, 6, 7, 8, and 9, Section 3, as shown on the revised Map of Westwood Annex, recorded in the Clerk's Office, Circuit Court, Roanoke County, Virginia in Plat Book 2 at page 144 and designated as Roanoke City official tax numbers 2630612, 2630613, 2630614, 2630615, rezoned from RS-3, Single Family Residential District, to RG-2, General Residential District; and WHEREAS, the City Planning Commission has recommended that the herein- after described land be rezoned from RS-3, Single-Family Residential District, to RG-1, General Residential District; and WHEREAS, the written notice and the posted sign required to be publish- ed and posted, respectively, by Section 71, Chapter 4.1, Title XV, of the Code of the City of Roanoke, 1956, as amended, relatin9 to Zoning, have been published 31:1 and posted as required and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the 13th day of March, 1972, at 2 P.M., before the Council of the City of Roanoke, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the evidence as herein pro- vided, is of the opinion that the hereinafter described land should be rezoned. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Title XV, Chapter 4.1, Section 2, of the Code of the City of Roanoke, 1956, as amended, relating to Zoning, and Sheet No. 263 of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz.: Property located on the corner of Beech Street and Barberry Avenue, N. W., described as: Lots 5, 6, 7, 8, and 9, Section 3, according to the Map of Westwood Annex, of record in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 2, page 144; and BEING designated as Official Tax Numbers 2630612, 2630613, 2630614, 2630615. designated on Sheet 263 o£ the Sectional 1966 Zone Map, City of Roanoke, as Official Tax Nos. 2630612, 2630613, 2630614, and 2630615, be, and is hereby changed from RS-3, Single-Family Residential District, to RG-1, General Residen- tial District, and that Sheet No. 263 of the aforesaid map be changed in this respect. A TTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of March, 1972. No. 20164. AN ORDINANCE to amend and reordain Section ~5000, "Schools - Pupil Transportation," and Section ~7000, "Schools - Maintenance of Plant and Equipment of the 1971-72 Appropriation Ordinance, and providin9 for an emerqency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~5000, "Schools - Pupil Transportation," and Section ~7000, "Schools - Maintenance of Plant and Equipment," of the 1971-72 Appropriation Ordinance, be 312 and the same are hereby, amended and reordained to read as follows, in part: SCHOOLS - PUPIL TRANSPORTATION ~5000 Pupil Transportation (1) .................. $168,270.O0 SCHOOLS - MAINTENANCE OF PLANT AND EQUIPMENT ~7000 Maintenance of Plant and Equipment (2) ............................. $665,099.00 (1) Net decrease $2,280.00 (2) Net increase 2,280.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of March, 1972. No. 20165. A RESOLUTION providing for the appointment of five viewers in connec- tion with the application of Roanoke Gas Company to vacate, discontinue and close that certain portion of Patton Avenue, N. E., lying between its intersection with lands of Norfolk & Western Railway Company on the east and its intersection with the easterly line of 7th Street (Shenandoah Avenue, N. E.) on the west. WHEREAS, it appearing to the Council of the City of Roanoke, Virginia, upon the application of Roanoke Gas Company, that said applicant did duly and legally post as required by Section 15.1-364 of the Code of Virginia of 1950, as amended to date, a notice of its application to the Council of the City of Roa- noke, Virginia, to vacate, discontinue and close that certain portion of Patton Avenue, N. E., located in the City of Roanoke, Virginia, and more particularly described as follows, to wit: That certain portion of Patton Avenue, N. E., lying between its intersection with lands of Norfolk & Western Railway Company on the east and its intersection with the easterly line of 7th Street (Shenandoah Avenue, N. E.) on the west and that a copy of said notice was posted at the front door of the Courthouse of the Hustings Court for the City of Roanoke, Virginia (Campbell Avenue entrance), at the Market House (Campbell Avenue entrance), and at 311 Randolph or Second Street, S. E., as provided by law, all of which is verified by an affidavit appended to the application addressed to the Council requesting that the afore- said alley be permanently vacated, discontinued and closed; and 313 WHEREAS, it appearing to the Council that more than ten days have elap- sed since the posting of said proper legal notice and the Council having consid- ered said application to permanently vacate, discontinue and close the aforesaid portion of Patton Avenue, N. E.; and WHEREAS, the applicant has requested that five viewers be appointed to view the above described portion of Patton Avenue, N. E., herein sought to be permanently vacated, discontinued and closed and report in writing as required by Section 15.1-364 of the Code of Virginia of 1950, as amended to date; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, Virgin- ia, that Messrs. J. Tate McBroom, Dewey H. Marshall, Harry Whiteside, Jr., Dale Poe and R. R. Quick, any three or more of whom may act., be and they are hereby appointed as viewers to view the aforesaid portion of Patton Avenue, N. E., and report in writing pursuant to the provisions of Section 15.1-364 of the Code of Virginia of 1950, as amended to date, whether, in their opinion, any and if any, what, inconvenience would result from discontinuing the same. APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of March, 1972. No. 20166. AN ORDINANCE to amend and reordain Section ~48, "Department of Build- ings," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~48, "Department of Buildings," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: DEPARTMENT OF BUILDINGS Operating Supplies and Materials (1) ...... $ 75.00 Travel Expense (2) ........................ 875.00 (1) Net decrease ---$75.00 (2) Net increase ................ 75.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passa9e. APPROVED ATTEST: Deputy City Clerk Mayor 314 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of March, 1972. No. 20167. AN ORDINANCE to amend and reordain Section =47, "Fire Department," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~47, "Fire Department," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: FIRE DEPARTMENT ~47 Personal Services (1) (2) ............. $1,598,179.00 Operating Supplies g Materials (3) .... 7,300.00 Personal Services (4) (5) ............. 1,597,679.00 Printing and Office Supplies (6) ...... 1,500.00 (1) Net decrease- (2) Decrease overtime account to $4,000.00 (3) Net increase (4) Net decrease (5) Decrease overtime account to $3,500.00 (6) Net increase $1,000.00 $1,000.00 $ 5oo.oo $ 500.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTE ST: Deputy City Clerk Mayo r IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of March, 1972. No. 20168. AN ORDINANCE to amend and reordain Section =89, "Transfers to Capital Improvements Fund," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~89, "Transfers to Capital Improvements Fund," of the 1971-72 Appropria- tion Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: ATTE ST: TRANSFERS TO CAPITAL IMPROVEMENTS FUND ~89 72-6 Central Business District (1) ...... $10,300.00 (1) Net increase $10,300.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of March, 1972. No. 20169. AN ORDINANCE approving and authorizing the employment of National Garage Inc., of Detroit, Michigan, to make the second phase of a feasibility study associated with a public parking facility in Roanoke, upon certain ter~ and con- ditions; authorizing the City Manager to employ the services of one or more qual- ified real estate appraisers to appraise the value of property necessary to be purchased for said parking facility; and providing for an emergency. WHEREAS, the City Manager has recommended to the Council that the second phase of a feasibility study associated with a public parking facility in Roanoke be made by qualified parking consultants, and that one or more qualified real estate appraisers be employed by the City for the purpose of appraising the value of property necessary to be purchased by the City for said parking facility, and funds sufficient to pay for the cost of the services herein authorized to be employed have been or are being appropriated by the Council; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect immediately upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized and empowered to engage for the City, by written agreement to be entered into on form approved by the City Attor- ney, the services of National Garages, Inc., of Detroit, Michigan, to make the second phase of a feasibility study associated with a public parking facility, and to make report thereon to the City Manager, in writing, within the time and in the manner and form approved by the City Manager, said consultants to be com- pensated for all such services satisfactorily performed in the sum of $4,300.00, for said Phase Two of the feasibility study. 316 ATTEST: BE IT FURTHER ORDAINED that the City Manager be, and he is hereby authorized and directed to enter into written agreement on behalf of the City with one or more qualified real estate appraisers, providing for an appraisal and preparation and delivery to the City of appraisal reports on the property necessary to be purchased for the construction of a public parking facility, said property being known as Official Nos. 1011611, 1011612, 1011613, 1011614, and 1011615 on the Tax Appraisal Maps of the City of Roanoke, indicating the fair market value to be offered to be paid by the City for each of the aforesaid parcels of land, the City to pay for the aforesaid appraisals and written reports an aggregate sum not to exceed $6,000.00, all such work to be accomplished within 60 days from the time in which the City Manager directs such appraisal work to continue. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in force and effect immediately upon its passage. APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of March, 1972. No. 20170. A RESOLUTION indicating the intent of the Council to pursue further steps in provision of a public parking garage; providing for investigation and report to the Council by the City Attorney on the legal implications thereof; and providing for an appraisal of the value of necessary properties by proper City officials. WHEREAS, in report to the Council, dated March 13, 1972, the City Manager advised that he was in receipt of a report made by National Garages, Inc., advising the City as to the feasibility of constructing a public parking garage in the Central Business District; and WHEREAS, the Council feels that such a parking garage would be of great benefit in the development of the central business district; and WHEREAS, the Council desires that proper City officials conduct an appraisal of the value of the properties necessary to be obtained by the City for the construction of a parking garage. 317 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, that the Council does hereby express its intent to pursue further steps in provision of a public parking facility in the central business district. BE IT FURTHER RESOLVED that the City Attorney be, and he is hereby authorized and directed to investigate the legal possibilities available to the City and report to the Council which of the available alternatives would prove to be the most advantageous to the City. BE IT FURTHER RESOLVED that proper City officials conduct an appraisal of the value of the properties necessary to be obtained by the City for the con- struction of a parking garage. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of March, 1972. No. 20171. AN ORDINANCE exercising the right to purchase certain parcels of land situate in the City of Roanoke, and needed for the construction of the City's Industrial Access Road Project 9999-128-103, C-501, C-502, upon certain terms and conditions; providing for the notice of the City's exercise of written purchase options for said land; providing for the recordation of deeds of conveyance to the City; and providing for an emergency. WHEREAS, on February 7, 1972, the City of Roanoke entered into purchase option agreements with the owners of certain parcels of land in the City necessary for the construction of the City's Industrial Access Road, whereby the City was 9ranted the option to purchase said parcels of land for the nominal consideration of Ten Dollars for each such parcel, upon certain terms and conditions hereinafter set forth; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City's right to purchase the following parcels of land, to-wit: 1. Parcel 016 as shown on Sheet No. 4 of the Plan of Project 9999-128-103, C-501, C-502, contain- ing 26 square feet, more or less, owned by Jean S. Showalter and English Showalter, husband and wife, and William Watts and Elizabeth B. Watts, husband and wife, in fee simple together with a permanent drainage easement containing 1581 square feet, more or less. 318 Parcel 021 as shown on Sheet No. 5 of the aforesaid Plan, containing 5586.7 square feet, more or less, owned by Ellen C. Watts, widow, in fee simple, together with a temporary construction easement contain- ing 2304 square feet, more or less. Parcels 019 and 020 as shown on Sheet No. 5 of the aforesaid Plan, being two tempo- rary construction easements containing a total of 1917 square feet, more or less, owned by Woody Distributors, Inc. Parcel 022 as shown on Sheet No. 5 of the aforesaid Plan, containing 26,267 square feet, more or less, owned by The Industrial Development Authority of the City of Roa- noke, Virginia, in fee simple, together with a perpetual drainage easement con- taining 300 square feet. Parcel 023 as shown on Sheet No. 6 of the aforesaid Plan, being a temporary construc- tion easement containing 600 square feet, more or less, over property owned by Will- iam Watts and Elizabeth Watts. Parcel 017, as shown on Sheet Nos. 4 and 5 of the aforesaid Plan, containing 38,980 square feet, more or less, owned by Jean S. Showalter and English Showalter, husband and wife, W. Hunt Staples and Aelred G. Staples, husband and wife, Allen W. Staples and Helen B. Staples, husband and wife, and William Watts and Elizabeth B. Watts, hus- band and wife, in fee simple together with a permanent drainage easement containing 765 square feet, more or less, and two tempo- rary construction easements containing a total of 1885 square feet, more or less. A rectangular shaped parcel of land as shown on Plan No. 53OO-11, prepared in the Office of the City Engineer, containing 25,648 square feet, more or less, owned by Jean S. Showalter and English Showalter, husband and wife, W. Hunt Staples and Aelred G. Staples, husband and wife, Allen W. Staples and Helen B. Staples, husband and wife, and William Watts and Elizabeth B. Watts, husband and wife, in fee simple; pursuant to written purchase option agreements dated February 7, 1972, made with said owners and, in each instance, providing for a nominal consideration of Ten Dollars ($10.00), cash, be and the same are hereby.exercised, and the City Attor- ney be, and is hereby directed to notify, forthwith, said owners of the City's aforesaid election, by mailing to them, by certified mail, an attested copy of this ordinance· BE IT FURTHER ORDAINED that upon certification of good title to said parcels of land and upon delivery to the City of good and sufficient deeds of conveyance, prepared and approved by the City Attorney and made with General Warranty of Title and Modern English Covenants, said deeds shall be recorded in the Clerk's Office of the Hustings Court of the City of Roanoke, Virginia· 319 ATTE ST: BE IT FINALLY ORDAINED, that an emergency existing, this ordinance shall be in force and effect immediately upon its passage. APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of March, 1972. No. 20172. AN ORDINANCE to amend and reordain Section ~t37, "Public Assistance," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~37, "Public Assistance, of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: PUBLIC ASSISTANCE ~37 General Relief (1) ...................... $ 226,033.60 (1) Net increase $ 1,033.60 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. A TTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of March, 1972. No. 20173. AN ORDINANCE to amend and reordain Section ~13, "Retirements," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. 32O THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =13, "Retirements,'' of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: RETIREMENTS ~13 State Supplemental Retirement System (1) ............................ $ 7,600.00 Group Insurance (2) .................... 30,159.00 Social Security (3) .................... 538,572.00 (1) Net increase (2) Net increase (3) Net decrease $ 3,600.00 15,000.00 18,600.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED A TTE ST: ~~ Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of March, 1972. No. 20174. AN ORDINANCE to amend and reordain Section =1, "Council," of the 1971- 72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =1, "Council," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: COUNCIL =1 Travel Expense (1) ..................... $4,700.00 (1) Net increase $700.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTE ST: Deputy City Clerk APPROVED Mayor 321 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of March, 1972. No. 20175. AN ORDINANCE approving a project for widening and improving a portion of 35th Street, N. W., a public street of the City, extending southerly from Mel- rose Avenue, S. W.; providing for the City's acquisition of certain properties wanted and needed for the purpose of such improvement, upon certain terms and con- ditions; authorizing and directing exercise of the City's right of eminent domain to acquire such of said properties as the City may be unable to purchase; and providing for an emergency. WHEREAS, because of increasing use of 35th Street, N. W., extending southerly from Melrose Avenue, N. W., it is deemed necessary and desirous that that portion of 35th Street, N. W., which extends southerly from Melrose Avenue, N. W., with a present width of 25 feet, approximately 212.9 feet, should be widen- ed to a uniform width of 37.5 feet, and otherwise improved for public use; and plans, profile and plats of said project, identified as Plan Nos. 5294-A and 5294-B, showing the proposed new right-of-way for said street, elevations and cross-sections thereof and showing, also, the two parcels of land needed to be acquired by the City in fee simple for the aforesaid purpose have been prepared by the City Engineer; and WHEREAS, the City Manager, having had appraisals made of the value of the properties needed to be acquired, has reported to the Council the results of negotiations conducted with the property owners affected by such street widening, has advised the Council that one of the property owners hereinafter named has agreed in writing to grant and convey to the City the land needed to be acquired from such owner and as hereinafter described, for the consideration hereinafter stated; and said City Manager has recommended that such offer be approved by the Council and accepted; and WHEREAS, the City Manager has further reported that negotiations with said other owner have been unsuccessful in reaching agreement on the value of the land needed to be acquired from that owner and has recommended that the Council formally authorize and direct and make provision for the City's acquisition of all such land; and WHEREAS, a sum sufficient to pay the purchase prices hereinafter provide has been appropriated by the Council for the purpose; and it is deemed necessary by the Council, for the usual daily operation of the municipal government, that this ordinance take effect upon its passage. 322 follows: THEREFORE, BE IT ORDATNED by the Council of the City of Roanoke as l. That the Council doth hereby APPROVE and ORDER widening and improve- ment of that portion of 35th Street, N. i~., as said street extends from Melrose Avenue, N. i~., in a southerly direction approximately 212.9 feet, so that said public street have a uniform width of 37.5 feet along the course thereof, and beyond, and doth approve the plans, profiles and plats prepared for said project in the office of the City Engineer, being Plan Nos. 5294-A and 5294-B as the same are on file in the office of the City Clerk; 2. That the City of Roanoke doth hereby accept the written proposal and option given to said City by Frada L. Tillman and Mary Q. Tillman, husband and wife, to sell and convey to the City for a consideration of $300.00, cash, the fee simple unencumbered title to that certain 750 square foot strip or parcel of land along the westerly line of their land designated as Official No. 2660403 on the Tax Appraisal Map of the City, said strip of land abutting 60.0 feet on the present east line of 35th Street, N. W., and being shown in detail on Plan No. 5294-B, aforesaid; and that upon delivery to the City of a 9ood and sufficient deed of conveyance, approved as to form by the City Attorney, the City Auditor be, and is authorized to issue and deliver to the said owners the City's check in payment of the $300.00 purchase price, aforesaid; 3. That the City of Roanoke wants and needs to acquire, for the purpose of the aforesaid public improvement, the fee simple unemcumbered title to that certain 1904.0 square foot strip or parcel of land comprising the westerly portion of Official No. 2660401 as shown on the Tax Appraisal Map of said City, which said strip or parcel of land abuts the present east line of 35th Street, N. W., a distance of 152.90 feet and abuts the present south line of Melrose Avenue, N.W. a distance of 12.50 feet and which said parcel of land is shown in detail on Plan No. 5294-A, aforesaid; and the City Manager is hereby authorized and directed to offer on behalf of the City to C. L. Poll, Jr., and June T. Poll, husband and wife, the owners of said land, a consideration of $4,340.00, cash, for said owners conveyance to the City of the fee simple unencumbered title to said parcel of land and, upon acceptance of such offer and upon delivery to the City of a 9ood and sufficient deed of conveyance, approved as to form by the City Attorney, the City Auditor is he.reby directed to issue and deliver to said owners the City's check in the sum of $4,340.00 in payment of the consideration, aforesaid; 4. That, should the city be unable to agree with the owners of the land described in the next preceding paragraph hereof for the City's purchase of said land as hereinabove provided, the City Attorney is hereby authorized and directed to institute in a court of competent jurisdiction in the City condemnatio 323 A TTE ST: proceedings to acquire for the City the fee simple title to said 1904.0 square foot parcel of land above described; and 5. That, in instituting or conducting any condemnation proceeding herein authorized to be brought on behalf of the City, the City Attorney is here- by authorized and empowered to make motion on behalf of the City for entry of an order pursuant to the provisions of § 25-46.8 of the 1950 Code of Virginia, as amended, granting to the City a right of entry on the land sought to be condemned, for the purpose of commencing its public works or improvements on said street; and the City Auditor, upon request of said City Attorney shall be, and is hereby authorized and directed to draw and make payment into the court wherein said condemnation proceeding may be pending the sum of $4,340.00, cash, hereinabove authorized to be paid by the City for said 1904 square foot parcel of land sought to be acquired in such condemnation proceeding. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage. APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of March, 1972. No. 20176. AN ORDINANCE to amend and reordain Section ~87, "Street Construction," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~87, "Street Construction," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: STREET CONSTRUCTION ~87 Land - Right of Way (1) ................ $9,640.00 (1) Net increase $4,640.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED Deputy City Clerk Mayor 324 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of March, 1972. No. 20178. A RESOLUTION further relating to accounting procedures to be employed in the financial operation and control of the Roanoke Civic Center. WHEREAS, the City Auditor, at the Council's request that further study be given and recommendation made regarding the accounting procedures and systems that should be maintained in connection with the City's operation of the Roanoke Civic Center, in addition to those set out in Resolution No. 19549 of the Council, in written report to the Council made February 22, 1972, has recommended further and additional procedures to be established as of July 1, 1972, to coincide with the City's next fiscal year's operation; and WHEREAS, the Council, considering said report, has concluded to adopt the recommendations of said City Auditor. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council concurs in the report of the City Auditor made February 22, 1972, and in the recommendations contained therein, relating to the accounting procedures and system to be employed in connection with the City's operation of the Roanoke Civic Center. BE IT FURTHER RESOLVED that, effective July 1, 1972, the City Auditor establish a separate accounting system for said Roanoke Civic Center, such system to provide for a separate bank account and a separate budget, within the City's annual budget, and said accounting system to be patterned after that now bein9 used for the City's Water Department and its Sewage Treatment Department except there shall not be included in the monthly report of the financial operation of said Civic Center amounts attributable to administrative cost, payments on bonds issued therefor and the interest thereon and for depreciation; all such financial accounts, records and controls to be maintained by said City Auditor in accordance with the provisions of Section 25 of The Roanoke City Charter of 1952. ATTE ST: APPROVED Deputy City Clerk Mayor 325 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of March, 1972. No. 20179. A RESOLUTION relating to the NORFOLK AND WESTERN RAILWAY COMPANY and the VIRGINIA HOLDING CORPORATION. WHEREAS, on several occasions in recent years the Norfolk and Western Railway Company and the Virginia Holding Corporation have generously made avail- able to the City of Roanoke areas of land owned by said corporations in the City, on which the City has been permitted to conduct certain of its essential public functions and operations, without which use the City would have been hard pressed to discharge certain of its duties to the residents of the City; and WHEREAS, the Council, by this resolution, desires to formally recognize the benefits which the City and the residents of this community have received by reason of such actions on behalf of said corporations. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council acknowledges to the Norfolk and Western Railway Company and to Vir- ginia Holding Corporation, and to their several officials who have acted on their behalf, the City's appreciation for their actions in having made available for the City's use certain of their open and undeveloped areas of land in the City upon which the City has been permitted to conduct necessary sanitary landfill operation for the benefit of the residents of this community. BE IT FURTHER RESOLVED that the City Clerk transmit attested copies of this resolution to the President of the Norfolk and Western Railway Company and to the President of Virginia Holding Corporation, at their offices in the City of Roanoke. ATTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of March, 1972. No. 20161. AN ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of the Code of the City of Roanoke, 1956, as amended, and Sheet No. 222, Sectional 1966 Zone Map, City of Roanoke, in relation to Zoning. 326 WHEREAS, application has been made to the Council of the City of Roanoke to have the property located at the intersection of 12th Street and Moorman Road, N. W., described as Lots 8, 9 and 10, Section 6, Map of Melrose Land Company and Official Tax Nos. 2222907 and 2222909 rezoned from RG-1, General Residential Dis- trict, to C-2, General Commercial District; and WHEREAS, the City Planning Commission has recommended that the herein- after described land be rezoned from RG-1, General Residential District, to C-l, Office and Institutional District; and WHEREAS, the written notice and the posted sign required to be publish- ed and posted, respectively, by Section 71, Chapter 4.1, Title XV, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, have been published and posted as required and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the 20th day of March, 1972, at 2:00 P.M., before the Council of the City of Roanoke, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the evidence as herein provided is of the opinion that the hereinafter described land should be rezoned~ THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, and Sheet No. 222 of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz.: Property located at the intersection of 12th Street and Moorman Road, N. W., described as Lots 8, 9 and 10, Section 6, Map of Melrose Land Company designated on Sheet 222 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax Nos. 2222907 and 2222909, be, and is hereby, changed from RG-1, General Residential District, to C-l, Office and Institutional District, and that Sheet No. 222 of the aforesaid map be changed in this respect. A TTE ST: ¢. Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of March, 1972. No. 20162. AN ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of the Code of the City of Roanoke, 1956, as amended, and Sheet No. 274, Sectional 1966 Zone Map, City of Roanoke, in relation to Zoning. 327 WHEREAS, application has been made to the Council of the City of Roanoke to have Lots l-D, l-E, 2-D, 2-E, l-F, and 6; Official Tax Nos. 2740305, 2740311, 2740312, 2740306, 2740304, 2740301, Panorama Heights, Section B, as owned by Rae- ford L. Goode and others, located on Salem Turnpike, Fairview Road, Dexter Lane, and Panorama Avenue, N. W., Roanoke City, rezoned from RD, Duplex Residential Dis- trict, to RG-1, General Residential District; and WHEREAS, the City Planning Commission has recommended that the herein- after described land be rezoned from RD, Duplex Residential District, to RG-1, General Residential District; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 71, Chapter 4.1, Title XV, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, have been published and posted as required and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the 20th day of ~larch, 1972, at 2 p.m., before the Council of the City of Roanoke, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the evidence as herein provid- ed, is of the opinion that the hereinafter described land should be rezoned. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, and Sheet No. 274 of the Sectional 1966 Zone ~lap, City of Roanoke, be amended in the following particular and no other, viz.: Property located on Salem Turnpike, Fairview Road, Dexter Lane, and Panorama Avenue, N. W., Roanoke City, described as Lot l-D, l-E, 2-D, 2-E, l-F, and 6 at Panorama Heights Section B, designated on Sheet 274 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax Nos. 2740305, 2740311, 2740312, 2740306, 2740304, and 2740301, be, and is hereby, changed from RD, Duplex Residen- tial District, to RG-1, General Residential District, and that Sheet No. 274 of the aforesaid map be changed in this respect. ATTE ST: APPROVED Deputy City Clerk Mayor 328 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of March, 1972. No. 20163. AN ORDINANCE permanently abandoning, vacating, discontinuing and closing a portion of Walton Street, N. E. lying between the northerly line of Eastern Avenue N E. and the southerly line of a 10 foot alley lying between Eastern Ave- nue N. E. and Wallace Avenue N. E. as shown on plat showing division of property of Electric Developers, Inc., being a division of Lots 6 through 20 and Lots 22 through 46, Block 12, Map of Jackson Park made by Raymond C. Weeks, Certified Land Surveyor, .dated June 16, 1971, recorded in the Clerk's Office of the Hustings Court for the City of Roanoke, Virginia on June 18, 1971, in Map Book 1, page 199, and being also shown on Sheet 322 of the Tax Appraisal Map of the City of Roanoke. WHEREAS, James E. Long Construction Company, Inc. has heretofore filed a petition before City Council, in accordance with law, requesting Council to permanently abandon, vacate, discontinue and close that certain portion of Walton Street, N. E. which portion is more particularly hereinafter described; and as to the filing of said petition, due notice was given to the public as required by Section 15.1-364, Code of Virginia 1950, as amended; and WHEREAS, in accordance with the prayer of said petition, Resolution No. 20069 was adopted by the said City Council on the 31st day of January, 1972, pur- suant to which viewers were appointed to view the said property and to report in writing what inconvenience, if any, would result from permanently abandoning, vacating, discontinuing and closing the aforesaid portion of Walton Street N. E. hereinafter described; and further the said City Council referred the issues raised by said petitioner to the Planning Commission of the City of Roanoke for said Commission to study the said request and to report thereon; and WHEREAS, it appears from the report in writing filed by the viewers with the City Clerk, together with the affidavit of said viewers, on the 28th day of February, 1972, that no inconvenience would result, either to any individual or to the public, from the permanent abandoning, vacating, discontinuing and closing of the said portion of Walton Street N. E. hereinafter described, to which report no exceptions have been filed; and WHEREAS, the City Planning Commission by letter directed to the Mayor of the City of Roanoke and members of City Council, dated February 17, 1972, recommen¢ ed to City Council that the said portion of Walton Street N. E. hereinafter described be abandoned, vacated, discontinued and closed; and WHEREAS, a Public Hearing of the question was held for the Council on the 20th day of March, 1972 at which hearing all parties in interest and citizens were afforded an opportunity to be heard on the question of the proposed closing of the portion of Walton Street N. E. hereinafter described; and 329 WHEREAS, upon consideration of the matter, the Council is of the opinion that no inconvenience will result to the owner or the public from the permanent abandonment, vacating, discontinuance and closing of the portion of Walton Street N. E. hereinafter described and that the petitioner's application to permanently close the same should be granted, said petitioner having agreed to bear and defray the expenses incident to the closing of same. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virgini that that portion of Walton Street N. E. in the City of Roanoke and described as follows: BEGINNING at a point numbered 5 as shown on plat showing division of property of Electric Developers, Inc., being a division of Lots 6 through 20 and Lots 22 through 46, Block 12, Map of Jackson Park, made by Raymond C. Weeks, Certified Land Surveyor, dated June 16, 1971, recorded in the Clerk's Office of the Hustings Court for the City of Roanoke, Virginia, on June 18, 1971, in Map Book 1, page 199, which point is at the intersection of the southerly line of a certain 10 foot alley shown on said plat and the westerly line of Walton Street N. E.; thence with the line of Lot 20A S 34o 28' E 92.00 feet to a point; thence a curved line to the right whose tangent is 20.00 feet, radius is 20.00 feet, an arc distance of 31.41 feet to a point on the northerly line of Eastern Avenue, N. E.; thence with the northerly line of Eastern Avenue N. E. N. 55° 32' E. 80.00 feet to a point on the southerly line of Lot 22A; thence with the line of Lot 22A a curved line to the right whose tangent is 20.00 feet, radius is 20.00 feet, an arc distance of 31.41 feet to a point on the westerly line of Lot 22A; thence continuing with the westerly line of Lot 22A and the line of Walton Street N. E. N. 34o 28' W. 92.00 feet to a point at the intersection of the southerly line of the aforesaid alley and the westerly line of Lot 22A, which point is numbered 7; thence with the southerly line of the aforesaid alley S. 55o 32' W. 40.00 feet to a point, the place of BEGINNING; and BEING that portion of Walton Street N. E. located between the northerly line of Eastern Avenue N. E. and the southerly line of a 10 foot alley lying between Eastern Avenue N. E. and Wallace Avenue N. E. be, and the same hereby is, permanently abandoned, vacated, discontinued and closed, the City of Roanoke, however, reserving unto itself an easement for any water, sewer or other public utility line or lines, if any, now existing therein and the right of ingress and egress for the maintenance and repair thereof. BE IT FURTHER ORDAINED that the City Engineer of the City of Roanoke be, and he hereby is, directed to mark "Permanently Abandoned, Vacated, Discontinued and Closed" that certain portion of Walton Street N. E. hereinabove described on all maps and plats on file in the Office of the City Engineer of the City of Roanoke, Virginia, on which said maps and plats said portion of Walton Street N. E is shown, referring to the book and page of Ordinances and Resolutions of Council wherein this Ordinance shall be spread. BE IT FURTHER ORDAINED that the Clerk of the Council deliver to the Clerk of the Hustings Court for the City of Roanoke, Virginia, an attested copy of this Ordinance in order that the said Clerk may make proper notations on all 33O ATTE ST: maps or plats recorded in his said office upon which are shown the said portion of Walton Street N. E. herein permanently abandoned, vacated, discontinued and closed as provided by law, and may record same at the cost of petitioner, index- ing the same in the name of the City of Roanoke as grantor and James E. Long Construction Company, Inc. as grantee. APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2?th day of March, 1972. No. 20177. AN ORDINANCE authorizing and providing for grant by the City of Roanoke of an easement to Appalachian Power Company providing the right to construct, erect, operate and maintain an electric transmission power line upon, over and across lands of said City situate partly in Roanoke County and in Botetourt County, Virginia, upon certain terms, conditions and provisions. WHEREAS, Appalachian Power Company, a public service company, desires to obtain from the City of Roanoke a perpetual easement, with the right to con- struct, erect, operate and maintain a portion of its Funk-Cloverdale electric transmission line over a distance of approximately 7503 feet within a 200-foot wide right-of-way over the City's Carvins Cove Reservoir property, and a committee of the Council studying the proposal and conferring with representatives of said utility has made written report to the Council dated September 20, 1971, recommend lng certain terms upon which such right should be granted said utility and recommending that restrictive terms and conditions be specified for the better protection of the City's watershed area and for minimization of the effect of the construction of electric transmission lines therethrough, certain of said restric- tive covenants and conditions to become, by agreement, applicable to a certain other area of said property on which said utility already operates and maintains another electric transmission line; and WHEREAS, being advised that said .utility is generally agreeable to the recommendation of said committee, this Council is of opinion to concur in said committee's report and recommendations hereinabove referred to. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that said City of Roanoke do grant and convey to Appalachian Power Company, a public service company, a perpetual easement in certain of the City's Carvins Cove Reser- voir property located partly in Roanoke County and in Botetourt County, Virginia, with the right to construct, erect, operate and maintain within a right-of-way 200 feet in width and approximately 7503 feet in length, an area of approximately 34.45 acres, a line or lines for the transmission of electric power, with the right to construct, erect, operate and maintain within said right-of-way not more than six (6) towers with crossarms and fixtures, and the right to inspect, protect repair, renew and add to the number of and relocate wires and cables upon said towers and across, through and over said right-of-way, and the right of reasonable ingress and egress in and over existing roads and ways on said land for enjoyment of the rights above set forth, the aforesaid right-of-way to be as the same is shown on plat of Appalachian Power Company entitled "Funk-Cloverdale Line thru property of City of Roanoke", dated October 12, 1970, a copy of which is on file in the office of the City Clerk, the aforesaid grant and conveyance to be made by the City of Roanoke upon the followin9 express terms, conditions and provisions, inter alia: (a) That Appalachian Power Company pay to the City the sum of $19,321.3 which shall include the value of the right-of-way over said 34.45-acre parcel of land, the value of the damage to the watershed area of said right-of-way and the value of the timber required to be cut from said right-of-way; (b) That Appalachian Power Company contemporaneously grant and convey to the City of Roanoke, for a cash consideration of $8,480.25, cash, to be paid by said City to said Company, the fee simple unencumbered title to that certain 72.61-acre parcel of land now owned by Franklin Real Estate Company on the north side of Green Ridge in Roanoke County, Virginia, adjoining the City's Carvins Cove property, as said 72.61-acre parcel of land is shown on plat of Appalachian Power Company dated January 15, 1970, entitled "Plat of Survey showing property of Annie R. Gravatt, et al, to be conveyed to Franklin Real Estate Company", a copy of which plat is on file in the office of the City Clerk; provided, however, that Appalachian Power Company may reserve in said 72.61-acre parcel of land a perpetua easement providing the right to construct, erect, operate and maintain on said land that portion of said Company's Funk-Cloverdale electric transmission line as the same is shown on the plat dated October 12, 1970, entitled Funk-Cloverdale Line, above, upon the same general conditions and provisions as are applicable to the easement herein authorized to be granted said company in the City's Carvins Cove watershed property; (c) That the City of Roanoke's deed of easement to Appalachian Power Company contain provisions to the following effect, to be covenanted and agreed to by said Company, namely: 332 (1) That said Company agree to indemnify and save said City harm- less against any and all loss or damage from accident or injuries to person or property, whether the City's or of any other person or corporation, and including said City's water resources and supplies, arising in any manner from said Com- pany's negligent construction, operation or maintenance, or failure to properly construct, operate or maintain said Company's towers, crossarms, fixtures, wires or cables, or in exercising any of its rights and privileges granted said Company by the City, or in failing to comply with or carry out any of its covenants or agreements undertaken or entered into by said Company in said deed of easement; (2) That said Company will restrict and minimize its clearing and cutting of trees within the abovedescribed right-of-way to areas within the immediate vicinity of its towers on said right-of-way and to such other critical areas on said right-of-way where cutting or clearing is reasonably necessary or essential for purposes of safety or of proper construction of said transmission lines; (3) That said Company will promptly reseed such areas of said right-of-way as may be necessary to clear or disturb and will take such measures as may become necessary to prevent or control erosion of soil which may occur as a result of construction of said towers and lines; (4) That said Company shall not be permitted to use, in clearing or keeping clear any portions of said right-of-way, nor shall it use chemicals or other materials which might be toxic to man, animals or fowl, but all such clearing or cutting shall be performed in a manner approved by the City Manager in writing; (5) That said Company will pay all taxes which may be lawfully assessed upon the improvements to be constructed on said property by said Company, or upon the City's property as a consequence of the existence of said improve- ments; (6) That said Company will exercise all reasonable care so as not to cause the outbreak of fire on the lands of the City; that under no circumstanc( will clearing, or the products thereof, be accomplished or disposed of by burning and that, in the existence of forest fire in any adjacent area, said Company shall, upon notice or request of the City, lend reasonable assistance in com- batting, controlling and extinguishing such fire; (7) That, should said Company's towers, lines and cables on said right-of-way hereafter cease to be used for purposes of an electric transmission line or lines, the easement herein authorized to be granted said Company shall terminate, and all rights of said Company in said easement and right-of-way shall revert to and become vested in the City; and (8) The City's aforesaid deed of easement shall be made to con- tain such other normal terms and provisions as are mutually agreed upon between the City Manager and said Company and as are approved by the City Attorney. 333 BE IT FURTHER ORDAINED that, in further consideration of the City's 9rant and conveyance to Appalachian Power Company of the easement hereinabove provided, said Company shall, by written agreement to be made and executed by said Company and delivered to the City of Roanoke, covenant and agree that the special covenants, terms and provisions which are hereinabove set out in paragraphs (2), (3), (4) and (b), supra, as applicable to said 34.45-acre parcel and said 72.61- acre parcel of land be made covenants and agreements binding upon Appalachian Power Company with respect to said Company's exercise of its rights in all that certain other property of the City of Roanoke situate in said City's Carvins Cove watershed area acquired under and pursuant to that certain written indenture dated November 22, 1961, made and executed by the City of Roanoke to Appalachian Power Company, granting an easement and right-of-way to said Company for construction and operation of another electric transmission line approximately 16,628 feet in length over certain land of said City in its Carvins Cove Reservoir area, situate in Amsterdam Magisterial District of Botetourt County. BE IT FINALLY ORDAINED that, upon approval by the City Attorney of the form of the deed of easement first herein provided to be made by the City to Appalachian Power Company relating to the 34.45-acre right-of-way abovementioned, the Mayor and the City Clerk be, and they are hereby authorized to execute and to seal and attest, respectively, the City's aforesaid deed of easement, the same to be delivered to said Company, together with the City's check to said Company in the sum of $8,480.25, upon payment to the City of 'the $19,321.36 consideration to be therein provided, upon delivery to the City of deed conveying title to the 72.61-acre parcel of land abovedescribed, and upon delivery to the City of the written covenants and agreement to be undertaken by said Company with respect to the 16,628-foot long right-of-way provided for in the indenture dated November 22, 1961, aforesaid. ATTE ST: Deputy City Clerk APPROVED Ma yo r IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of March, 1972. No. 20180. AN ORDINANCE approving and authorizing the City's execution of a certain contract with the County of Botetourt providing for said County's long-range use 334 of the City's sewage treatment plant and related sewerage system as a regional facility; and providing for an emergency. WHEREAS, the City of Roanoke, on February 22, 1972, offered to enter into long-term contract with the County of Botetourt providing for the City's acceptance and transmission and treatment of certain wastes from said County, upon the same structure of rates and charges and upon the same general terms and pro- visions as were that day proposed and approved to be made applicable to certain other similar contracts that day expressly authorized to be entered into between the City and the City of Salem and between the City and the County of Roanoke, recognizing, however, the possibility of need to adapt certain provisions of such contract to any peculiar facts and circumstances of the County of Botetourt which, at the present time, operates no established sewerage system; and WHEREAS, a committee of this Council, subsequently meeting and confer- ring directly with the governing body of the County of Botetourt, has, with said governing body, developed and prepared a form of contract, drawn under date of March 23, 1972, and made to be entered into by the City and said County and where- in are set out express terms and provisions whereby the City's sewage treatment and transmission facilities would be made available for said County's use, as a regional facility, for a term of thirty, (30) years commencing as of said date, a copy of which said contract has been exhibited to this Council and is on file in the office of the City Clerk; and WHEREAS, said contract, as so drawn, has been recommended to this Coun- cil by its aforesaid committee, composed of Councilman Hampton W. Thomas, Chair- man, Councilman Vincent S. Wheeler and City Manager, Julian F. Hirst, which committee has further advised the Council of the understood willingness of the County of Botetourt, expressed by the members of its Board of Supervisors, to enter into and execute said contract at such time as is mutually agreeable and convenient; and WHEREAS, this Council concurs in its committee's aforesaid recommenda- tions and in the terms and provisions of the written contract dated March 23, 1972, this day presented to the Council and, for the preservation of the public health and safety and for the daily operation of the municipal government, deems such emergency to exist that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the form of written contract recommended by the Council's committee to be entered into between the City of Roanoke and the County of Bote- tourt, drawn by the City Attorney under date of March 23, 1972, a copy of which contract is on file in the office of the City Clerk, this day presented to and 3'35 considered by this body, pursuant to which for a period of thirty, (30), years from the date of such contract the City would obligate itself to accept at certain points of delivery and transmit to and treat at its sewage treatment plant normal sewage and certain industrial wastes originating within defined areas of Botetourt County set out in said contract, would agree to participate with said County and with other governing bodies in the Roanoke River Valley area as therein provided in provision of certain joint-use regional sewerage facilities, and would agree to undertake and complete joint studies for the purpose of evaluating and deter- mining upon the best means and arrangements whereby proper and adequate sewerage facilities may be provided to all parts of the Roanoke Valley area, and whereby both said parties to said contract would agree to cooperate with and assist each other and all other parties participating now and hereafter in the joint use of the City's treatment plant and sewerage system in meeting the needs of the respec- tive parties with reference to proper and adequate sewerage within their respec- tive areas of responsibility, be, and said contract is hereby APPROVED; and 2. That when the written contract hereinabove approved to be entered into between the City of Roanoke and the County of Botetourt shall be executed by the proper officials of the County of Botetourt, for and on behalf of said County, the Mayor and the City Clerk of the City of Roanoke be, and they are hereby authorized and directed to execute and to seal and attest, respectively, said contract for and on behalf of the City of Roanoke. BE IT FURTHER ORDAINED that the City Manager be and he is hereby direct- ed to cause certified copies of this ordinance and of the written contract herein approved and authorized to be executed to be delivered to the Honorable Chairman of the Board of Supervisors of Botetourt County, in Fincastle, Virginia. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage. APPROVED ATTE ST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of March, 1972. No. 20181. AN ORDINANCE approving and authorizing the City's execution of a certain contract with the Town of Vinton, Virginia, providing for said Town's long-range '336 use of the City's sewage treatment plant and related sewerage system as a regional facility; and providing for an emergency. WHEREAS, the City of Roanoke, on February 22, 1972, offered to enter into long-term contract with the Town of Vinton providing for the City's accept- ance and transmission and treatment of certain wastes from said Town, upon the same structure of rates and charges and upon the same general terms and provisions as were that day proposed and approved to be made applicable to certain other similar contracts that day expressly authorized to be entered into between the City and the City of Salem and between the City and the County of Roanoke, recog- nizing, however, the possibility of need to adapt certain provisions of such contract to any peculiar facts and circumstances of the Town of Vinton which, at the present time, operates its own smaller treatment plant facility; and WHEREAS, a committee of this Council, subsequently meeting and confer- Hug directly with members and representatives of the governing body of the Town of Vinton, has, with such others developed and prepared a form of contract, drawn under date of March 22, 1972, and made to be entered into by the City and said Town and wherein are set out express terms and provisions whereby the City's sewage treatment and transmission facilities would be made available for said Town's use, as a regional facility, for a term of thirty, (30), years commencing as of the date of the proposed contract, a copy of which said contract has been exhibited to this Council and is on file in the office of the City Clerk; and WHEREAS, said contract, as so drawn, has been recommended to this Counci by its aforesaid committee, composed of Councilman Hampton W. Thomas, Chairman, Councilman Vincent S. Wheeler and City Manager, Julian F. Hirst, which committee has further advised the Council of the understood willingness of the Town of Yin- ton to enter into and execute said contract at such time as is mutually agreeable and convenient; and WHEREAS, this Council concurs in its committee% aforesaid recommendation and in the terms and provisions of the written contract dated March 22, 1972, this day presented to the Council and, for the preservation of the public health and safety and for the daily operation of the municipal government, deems such emergen. cy to exist that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as fol- lows: 1. That the form of written contract recommended by the Council's com- mittee to be entered into between the City of Roanoke and the Town of Vinton, drawn by the City Attorney under date of March 22, 1972, a copy of which contract is on file in the office of the City Clerk, this day presented to and considered by this body, pursuant to which for a period of thirty, (30), years from the date 337 ATTE ST: of such contract the City would obligate itself to accept at certain points of delivery and transmit to and treat at its sewage treatment plant normal sewage and certain industrial wastes originating within said Town and in certain other defin- ed areas of Roanoke County set out in said contract, would agree to participate with said Town and with other governing bodies in 'the Roanoke Valley area as there- in provided in provision of certain joint-use regional sewerage facilities, and would agree to undertake and complete joint studies for the purpose of evaluating and determining upon the best means and arrangements whereby proper and adequate sewerage facilities may be provided to all parts of the Roanoke Valley area, and whereby both parties to said contract would agree to cooperate with and assist each other and all other parties participating now and hereafter in the joint use of the City's treatment plant and sewerage system in meeting the needs of the respective parties with reference to proper and adequate sewerage within their respective areas of responsibility, be, and said contract is hereby APPROVED; and 2. That when the written contract hereinabove approved to be entered into between the City of Roanoke and the Town of Vinton shall be executed by the proper officials of the Town of Vinton, for and on behalf of said Town, the Mayor and the City Clerk of the City of Roanoke be, and they are hereby authorized and directed to execute and to seal and attest, respectively, said contract for and on behalf of the City of Roanoke. BE IT FURTHER ORDAINED that the City Manager be and he is hereby direct- ed to cause ceriified copies of this ordinance and of the written contract herein approved and authorized to be executed to be delivered to the Honorable G. W. Nicks, Mayor of the Town of Vinton, in Vinton, Virginia. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage. APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of March, 1972. No. 20182. AN ORDINANCE to amend and reordain Section =85, "Electoral Board," of the 1971-72 Appropriation Ordinance, and providing for an emergency. 338 WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~85, "Electoral Board," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: ELECTORAL BOARD ~85 Fees for Professional and Special Services (1) ................. $21,290.00 Personal Services (2) (3) .............. 34,102.00 Fees for Professional and Special Services (4) ................. 20,440.00 Printing and Office Supplies (5) ....... 6,850.00 (1) Net decrease .... $3,250.00 (2) Net increase 3,250.00 (3) Increase Extra Help Account to $10,250.00 (4) Net decrease 850.00 (5) Net increase ....... 850.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of March, 1972. No. 20184. A RESOLUTION relating to MR. BYRON E. HANER, former Assistant City Manager of the City of Roanoke. WHEREAS, BYRON E. HANER has recently tendered his resignation as Assistant City Manager in order that he accept the position of City Manager of Colonial Heights; and WHEREAS, since his retirement from active duty in the United States Air Force, this adopted son of southwest Virginia and of Roanoke has participated with outstanding vigor and accomplishment in civic affairs and in the religious congregation of which he was a member, has enthusiastically supported his nearby alma mater, Virginia Polytechnic Institute, and, through his ready grasp of the difficult problems of public administration and his facility for eliciting the prompt, eager and loyal response of those with whom he has come in contact through his duties, has endeared himself to the members of this Council and to his fellow employees. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, that this Council doth publicly commend MR. BYRON E. HANER for the outstanding ability 339 and sense of personal devotion to his duties that he has exhibited in the position of Assistant City Manager; and this Council extends to him its warmest sense of appreciation and that of its citizens for the exemplary service he has rendered the City and its citizens, and wishes him well in his future endeavors. BE IT FURTHER RESOLVED that the City Clerk do transmit to Mr. Haner an attested copy of this Resolution on behalf of the Council. APPROVED ATTE ST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of March, 1972. No. 20185. AN ORDINANCE authorizing a certain contractual agreement to be made and entered into between the City of Roanoke and the Town of Vinton relating to a certain credit to be made and allowed said Town aoainst future amounts which may become due the City, conditioned upon said Town's participation in the use of the regional sewage treatment facilities of the City under other contract with said City; and providing for an emergency. WHEREAS, the City of Roanoke has proposed and the Town of Vinton has under consideration the connection, under written agreement between the parties, of said Town's seweraoe collection and interceptor system to the interceptor sys- tem of the City of Roanoke, for transmission and treatment of wastes of said Town and other areas by the City of Roanoke; and WHEREAS, such connection by the Town of its seweraoe system to the sys- tem of the City is not expected to occur until approximately the year 1974; and WHEREAS, the City is enoaged in the enlaroement and improvement of the sewage treatment plant and, upon the completion of such enlargement and expansion, said plant will be capable of accepting the wastes from said Town and from other areas not now served by said plant; and WHEREAS, the Town owns and operates a sewaoe treatment plant within the corporate limits of the Town, which plant provides a certain degree of treatment to the wastes of the Town but which is intended to be closed down as a treatment plant should the treatment of the Town's wastes by the City be agreed upon; and 340 WHEREAS, the State Water Control Board is understood to have directed said Town to discontinue use of its sewage treatment plant and to deliver its wastes to a single treatment facility within the Roanoke Valley and, should said Town so do and should it connect its sewage system to the sewage system of the City, as aforesaid, the treatment plant of the Town will be rendered of no value as such to the Town, other than in the process of transmission of wastes to the City; and WHEREAS, all of the above is consistent with the intent and plan of the political subdivisions of the Roanoke Valley to have available a single waste treatment facility for the treatment of wastes from each of the governmental jur- isdictions in said area; and WHEREAS, the Town of Vinton has, as of this date, certain outstanding indebtedness for the construction of its said treatment plant, facility, said in- debtedness being in the form of outstanding bonds and an unsecured note or notes, the aggregate sum of all of which indebtedness is understood to amount to $135,000.00, as of this date; and WHEREAS, for the usual daily operation of the City an emergency exists and the provisions of this ordinance should take effect immediately. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke tha the City of Roanoke, in consideration of the execution by the Town of Vinton of that certain contract with the City of Roanoke authorized March 27, 1972, by said City to be entered into with said Town and which is dated March 22, 1972, and provides for the Town's delivery of certain wastes to the City, for treatment at the City's sewage treatment plant, and.for said Town's participation in a regional plan of Waste transmission and treatment in the Roanoke Valley area, does hereby offer to agree with the Town of as follows, viz: That upon lawful and proper execution by the Town of Vinton of the afore. said written contract dated March 22, 1972, the said City of Roanoke will there- after allow and credit as an offset against the sums becoming and to become due by the Town of Vinton to the City of Roanoke as charges for the City's transmissiol and treatment of wastes of the AREA defined in the aforesaid written contract be- tween said parties and under and pursuant to the terms and provisions thereof, an aggregate sum of $135,000.00, without interest, such credits to be applied against the first $135,000.00 of said charges made to the Town of Vinton thereunder and to commence to be applied as of the date of actual commencement of the City's treat- ment of all wastes of the AREA described in the proposed contract dated March 22, 1972, aforesaid; the Town of Vinton to retain all right and title to the treatment plant and land now owned by said Town. 341 BE IT FURTHER ORDAINED that upon execution by the Town of Vinton and by the City of Roanoke of the contract dated March 22, 1972, aforesaid, and upon execution by said Town of Vinton of attested copies of this ordinance in manner : hereon provided, the Mayor and City Clerk be and they are hereby authorized and directed to execute such attested copies of this ordinance for and on behalf of the City of Roanoke, whereupon this ordinance, attested and executed as aforesaid, shall constitute a binding agreement and obligation of the City of Roanoke. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in force and effect upon occurrence of full execution of the written contract dated March 22, 1972, hereinabove mentioned; but should said contract dated March 22, 1972, be not fully executed between said parties prior to April 1, 1972, the autho ity herein contained shall on that date stand revoked. A TTE ST: Deputy City Clerk APPROVED EXECUTED Mayor CITY OF ROANOKE TOWN OF VINTON By. By. Mayor Mayor ATTEST: ATTEST: City Clerk Town Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of March, 1972. No. 20186. AN ORDINANCE relating to certain contracts and proposed contracts of the City of Roanoke with the City of Salem, with the County of Botetourt, with the Town of Vinton and with the County of Roanoke and/or Roanoke County Public Service Authority, etc., heretofore authorized to be entered into on behalf of the City of Roanoke, respecting transmission and treatment of wastes from defined areas; autho izing certain express changes to be made in each of said contracts prior to formal execution thereof; and providing for an emergency. 342 WHEREAS, the Council has heretofore by ordinance approved the form and authorized the City's execution of certain separate written contracts drawn to be entered into by the City of Roanoke with the City of Salem, With the County of Botetourt, with the Town of Vinton and with the County of Roanoke and/or Roanoke County Public Service Authority respecting the City's acceptance, transmission and treatment of wastes from said other jurisdictions and from territory of the City, said ordinances being, respectively, Ordinance Nos, 20127, 20180, 20181, and 20160; and WHEREAS, in each said instance, contract and ordinance, the initial charge to be made by the City of Roanoke to said other political subdivisions, per one million gallons of normal wastes delivered to the City for transmission and treatment is expressly set out in Paragraph IV. A. of each said contract and, in Paragraph IV. B. 3. of each said contract is set out a specific amount or sum whic shall each year be added into the formula therein provided for determining the base rate or charge per one million gallons of normal wastes to be made by and paid to the City by each said other political subdivision contracting with the City in the premises; and WHEREAS, none of said written agreements having been formally executed by any of the proposed parties thereto, the City, in a current recalculation of the value of its sewage treatment plant and immediately related facilities and of those sewer interceptor and trunk lines jointly used as of July 1, 1971, by the City and certain of said parties, less the bonded indebtedness of the City out- standing July 1, 1971, against said plant, facilities and lines as the term "value" is defined and used in each said contract, has discovered that it has inadvertently and unintentionally failed to take into account, in recent negotia- tions between the parties and in so describing such treatment plant value in the standard form contract emanating therefrom certain recent, relatively small im- provements made to said plant out of the proceeds and anticipated proceeds of sale of certain bonds most recently sold by the City for the purpose of improving and enlarging said sewage treatment plant and its facilities, which oversight has the effect, in fairness, of reducing to the amounts hereinafter provided the sum stated in paragraph IV. B. 3. of each of the aforesaid four (4) proposed contracts and has the further effect of thereby reducing the charge to be made by the City to each said other party for each one million gallons of normal wastes accepted from said other party; and WHEREAS, it is also now recognized by the City that the City of Salem, who has agreed to enter into the contract heretofore proposed and offered by the City of Roanoke, does not now require joint use with the City of Roanoke of the latter's Tinker Creek sewer interceptor, the value of which is included in the sum certain set out in paragraph IV. B. 3. of the written contract authorized to be entered into with said City of Salem and which value is partly determinative of base rate of the monthly charge to said City of Salem, per million gallons of wastes, set out in paragraphs IV. A., and IV. B. of its said contract and that, in fairness, appropriate change should be made in the form of contract heretofore agreed to be entered into with said City of Salem; and WHEREAS, acceptance of certain of the aforesaid written contracts having been made by certain of said other political subdivisions and their formal execu- tion being imminent and the City desiring to adjust and correct such inadvertent and unintentional miscalculation of present value of its treatment plant and re- lated facilities as might heretofore have been contained and stated in each of the aforesaid four, (4), written contracts offered by the City, deems an emergency to exist for the daily operation of the City, and that this ordinance should tal~e effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as fol- lows, viz: 1. That, in the written contract last approved and authorized to be entered into between the City of Roanoke and the City of Salem by this Council's Ordinance No. 20127, the initial base rate of the monthly charge to the City of Salem for transporting and treating normal wastes from the AREA defined in said contract be made to be $123.20, rather than 126.q0, per one million gallons of normal wastes accepted by the City of Roanoke from said AREA for transmission and treatment; and further, that the sum certain stated in paragraph IV. B. 3. of said contract as the July 1, 1971, defined value of the City of Roanoke's sewage treat- ment plant and related facilities now used jointly with said other City be made to be the sum of $152,630.42, rather than $183,434.80, as heretofore contained there- in; 2. That, in the written contract approved and authorized to be entered into between the City of Roanoke and the County of Botetourt by this Council's Ordinance No. 20180, the sum certain stated in paragraph IV. B. 3., of said con- .tract as the July 1, 1071, defined value of the City of Roanoke's sewage treatment plant and related facilities available for joint use by said county and the City be made to be the sum of $129,740.45, rather than $140,369.30 as heretofore con- tained therein; 3. That, in the written contract approved and authorized to be entered into between the City of Roanoke and the Town of Vinton by this Council's Ordinance No. 20181, the sum certain stated in paragraph IV.B.3. of said contract as the July 1, 1971, defined value of the City's sewage treatment plant and related facil- ities available for joint use by said Town and the City be made to be the sum of $129,740.45, rather than $140,369.30, as heretofore contained therein; and ATTEST: 4. That in the written contract last approved and authorized to be entered into between the City of Roanoke, and the County of Roanoke and/or Roanoke County Public Service Authority by this Council's Ordinance No. 20160, the initial base rate of the monthly charge to said Roanoke County and/or the Roanoke County Public Service Authority for transporting and treating normal wastes from the AREA defined in said contract be made to be $124.02, rather than $126.90, per one million gallons of normal wastes accepted by the City of Roanoke from said AREA for transmission and treatment; and, further, that the sum certain stated in para- graph IV. B. 3. of said contract as the July 1, 1971, defined value of the City of Roanoke's sewage treatment plant and related facilities used jointly with said County of Roanoke and/or Roanoke County Public Service Authority be made to be $159,499.48, rather than $183,434.80 as heretofore contained therein. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in force and effect upon its passage and, further, that attested copies of this ordinance be transmitted by the City Manager to the Mayor or Chairman of each aforesaid political subdivision or body. APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, ~RGINIA, The 28th day of March, 1972. No. 20187. A RESOLUTION providing for the City's agreement to certain 'additional changes and modifications of the contract proposed and offered to be entered into with the County of Roanoke and/or Roanoke County Public Service Authority pursuant to Ordinance No. 20160, adopted by the Council on March 17, 1972, and to Ordinance No. 20186, of the Council adopted this date. WHEREAS, the Chairman of the City's Sewer Committee, reporting to the Council on further late conferences and negotiations held with members and repre- sentatives of the Board of Supervisors of Roanoke County and of said County's public service authority subsequent to this Council's adoption of Ordinance No. 20160 on March 17, 1972, has recommended to the Council in writing dated March 28, 1972, five (5), certain specific changes in the wording of the contract heretofore authorized by said ordinance to be entered into with the County of Roanoke and another respecting transmission and treatment by the City of certain of the wastes 34.." originating in said county of Roanoke and certain adjacent areas, which said change are made to appear in written report to Council dated March 28, 1972, on file with the City Clerk; and WHEREAS, this Council, considering its committee's report dated March 28, 1972, is agreeable to the changes recommended in said report and is agreeable that all such changes be made or incorporated into the form of contract approved March 17, 1972, by Ordinance No. 20160, of the Council to be entered into with the County of Roanoke and/or Roanoke County Public Service Authority under date of March 17, 1972, as said contract is referred to in Ordinance No. 20160, aforesaid~ THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council doth APPROVE as the changes, and the only additional changes to be made or incorporated into the form of contract approved to be entered into between the Cityi of Roanoke and the County of Roanoke and/or Roanoke Co~nty Public Service Authority by Ordinance No. 20160, adopted March 17, 1972, respecting the transmission and treatment of certain wastes of the County of Roanoke and certain adjacent areas, those five (5) certain changes and additions set out in writing over the signature o£ the Chairman o£ this Council's Sewer Committee, entitled Changes Proposed March 28, 1972, to Contract Approved March 17, 1972, to be entered into Between City of Roanoke and the County of Roanoke and/or Roanoke County Public Service Authority for Sewage Transmission and Treatment, and filed with the City Clerk, dated March 28, 1972; and BE IT FURTHER RESOLVED that if and when the written contract approved by Ordinance No. 20160, and by another ordinance of this Council this day adopted, to be entered into by the City of Roanoke with the County of Roanoke and/or Roanoke County Public Service Authority containing the five, (5), certain additional change thereof and therein as are set out in the written report of the Chairman of this Council's Sewer Committee, dated March 28, 1972, and as are hereinabove authorized and approved, be accepted and executed by the Proper o£ficials of the County of Roanoke, for and on behalf of the County of Roanoke and by the proper officers of the Roanoke County Public Service Authority, for and on behalf of said Authority, the Mayor and the City Clerk of the City of Roanoke be, and they are hereby author-i ized and directed to execute and to seal and attest., respectively, said contract for and on behalf of the City of Roanoke, the same to be dated and entered into as of March 17, 1972. BE IT FURTHER RESOLVED that the City Manager be, and he is hereby direct- ed to cause prompt delivery to be made of a copy of this resolution, to which shall be attached a copy of the written report dated March 28, 1972, aforementioned, to the chairmen of the Board of Supervisors of Roanoke County and of the Roanoke Coun- ty Public Service Authority, or to some other member of said body or bodies should either said chairman not be readily found. 346 ATTE ST: BE IT FINALLY RESOLVED that, an emergency existing, this resolution be in force and effect upon its passage. APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of April, 1972. No. 20190. AN ORDINANCE to amend and reordain Section =26, "Jail," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of 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, "Jail," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: JAIL =26 Medical and Housekeeping Supplies (1) (2) .................. $8,800.00 (1) Net increase $1,800.00 Subject to approval by the State Department of Welfare and Institutions (2) Reimbursed by Commonwealth of Virginia on basis of cost per prisioner day BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of April, 1972. No. 20191. AN ORDINANCE to amend and reordain Section ~71, "Garage," and Section ~45, "Police Department," of the 1971-72 Appropriation Ordinance, and providing for an emergency. 34' WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~71, "Garage," and Section ~45, "Police Department," of the 1971-72 Appro- priation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: GARAGE ~71 Insurance (1) ............................. $36,846~00 POLICE DEPARTMENT g45 Insurance (2) ............................. $ 144100 (1) Net decrease--- $29.00 (2) Net increase ....... 29.00 Additional funds needed for a three- year policy for professional liability insurance for coverage of nurses working in the blood alcohol clinic. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of April, 1972. No. 20192. AN ORDINANCE to amend and reordain Section ~90, "Sewage Treatment Fund," of the 1971-72 Sewage Treatment Fund Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~90, "Sewage Treatment Fund," of the 1971-72 Sewage Treatment Fund Appropri- ation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SEWAGE TREATMENT FUND ~90 Data Processing (1) ...................... $9,600.00 (1) Net increase ................. $2,600.00 348 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of April, 1972. No. 20193. AN ORDINANCE to amend and reordain Section =58, "Street Repair," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =58, "Street Repair," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: STREET REPAIR =58 Vehicular Equipment - Replacement (1) ...... $47,400.00 Printing and Office Supplies (2) ........... 430.00 (1) Net decrease ...... $100.00 (2) Net increase 100.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of April, 1972. No. 20194. AN ORDINANCE concurring in the award of a contract by the Commonwealth of Virginia Department of Highways for the improvement of a portion of Route 682 (Grandin Road, S. W.), in the City; providing for the execution of an agreement with the Virginia Department of Highways relative to the maintenance of Highway Project U000-128-104, PE-IO1, RW-201, C-501 and Project 0682-080-150, B-633, Fed- eral Project S-947 (2), and signifying the City's intent to participate in the pay- ment of a certain portion of the costs of said projects; and providing for an emer- gency. WHEREAS, pursuant to the City's request therefor, the Department of High- ways has formulated plans and received a contractor's bid of which the sum of $74,049.00 represents the cost of improvement of 0.027 mile of Route 682 (Grandin Road, S. W.), within the City of Roanoke, from 0.010 mile east of the City's west corporate limits to 0.036 mile east of said corporate limits, of which cost of work in the City the City has offered to pay a certain part as hereinafter set out; and WHEREAS, the Commonwealth of Virginia Department of Highways has request- ed that the City enter into agreement with said Department agreeing upon the main- tenance, signing and regulation of parking on said highway and agreeing upon the various proportions of the total cost of the highway construction which the City shall pay; and WHEREAS, for the usual daily operation of the municipal government an emergency is hereby set forth and declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that said City doth concur in the award of a contract by the Commonwealth of Virginia Depart- ment of Highways, to Vecellio and Associates, Inc., for the construction of the public improvements shown on the plans for Highway Project U000-128-104, PE-101, RW-201, C-501, and Project 0682-080-150, B-633, Federal Project S-947 (2), in which contract the sum of $74,049.00, is allocated to the cost of work to be performed in the City and of which sum the City's proportionate share will be as set out in the Agreement hereinafter set out in detail. BE IT FURTHER ORDAINED that Julian F. Hirst, City Manager, and Virginia L. Shaw, City Clerk, or their duly appointed and authorized assistants or deputies, be, and they are hereby authorized to execute, seal and attest, respectively, on behalf of the City with the aforesaid Commonwealth of Virginia Department of High- ways an agreement relating to the maintenance, signing and regulation of parking on the aforesaid highway under provisions of the Federal Highway Act, and contain- ing the City's agreement to participate in payment of the actual cost of said im- provements as herein set out, the agreement to be in the following words and figure to-wit: AGREEMENT BY MUNICIPALITY OR POLITICAL SUBDIVISION TO MAINTAIN HIGHWAYS IMPROVED UNDER PROVISIONS OF FEDERAL HIGHWAY ACT AS AMENDED AND SUPPLEMENTED The City of Roanoke, State of Virginia, hereinafter referred to as Roa- noke, and the Virginia Department of Highways, hereinafter referred to as the Highway Department, hereby agree as follows: 35O 1. That the Highway Department will submit a project for the improve- merit o£ 0.027 Mile of Route 682 within Roanoke from 0.010 Mile East N.C.L. Roanoke to 0.036 Mile East N.C.L. Roanoke, Station 96+10 to Station 97+50, known as Grandi~ Road, and designated as Route 682, Project U000-128-104, PE-IO1, RW-201, C-501 and Project 0682-080-150, B-633, Federal Project S-947 (2) 2. Roanoke hereby approves the plans as designed and requests the Highway Department to submit the aforementioned project with recommendation that it be approved by the Federal Highway Administration and agrees that if such pro- ject is approved and constructed by the Highway Department and the Federal Highway Administration, it thereafter, at its own cost and expense, will maintain the pro- ject, or have it maintained, in a manner satisfactory to them or their authorized representatives and will make ample provision each year for such maintenance. 3. Roanoke hereby agrees that the location, form and character of infor-' mational, regulatory, warning signs, curb and pavement or other markings and traffic signals, installed or placed by any public authority, or other agency, shall be subject to the approval of the Highway Department with concurrence from the Federal Highway Administration. 4. Parking will be prohibited at all times on both sides of this projec as above described. 5. At places where parking is prohibited, the appropriate NO PARKING signs shall be erected. The size, design and color of such signs shall conform to the standards as shown in the latest edition of the Manual OP Uniform Traffic Con- trol Devices. 6. Roanoke agrees that after construction of the project, or any part thereof, it will not permit any reduction in the number or width of traffic lanes, additional median crossovers, enlargement of existing median crossovers, or altera- tions of channelization islands, without the prior approval of the Highway Depart- ment. 7. Roanoke agrees that prison labor will not be used for any purpose whatsoever on this project during the time it is under construction agreement between the Highway Department and the Federal Highway Administration. 8. Roanoke agrees to participate in the actual cost of this project in accordance with the following tabulation, understanding that the costs shown are estimated and the percentages will be applied to actual costs: Roanoke's Share Item Estimated Cost ~ Amount C-. ol Road Construction $12,558.00 15 $ 1,883.70 Bridge Construction (1/2 total cost) 53,051.00 15 7,957.65 Right of Way Preliminary Engineering Totals 6,440.00 15 966.00 2,000.00 15 300.00 $' ,0a9.00 $11,107.35 IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, the City of Roanoke on the , day of , 1972, and the Highway Department on the day of , 1972. ATTEST: CITy OF ROANOKE (Municipality or political subdivision) By City Manager City Clerk 35i COMMONWEALTH OF VIRGINIA, DEPARTMENT OF HIGHWAYS (Official title of Highway Department) NOTE: Any official signing for and on behalf of a municipality or polit- ical subdivision should attach a cer- tified copy of order, resolution, ordinance or charter provision, or a citation to statute, under the authority of which this agreement is executed. This agreement must be executed in nine copies. By. Deputy Commissioner APPROVED AS TO FORM City Attorney BE IT FURTHER ORDAINED that nine (9) attested copies of this ordinance and of the aforesaid agreement, duly executed, be transmitted to officials of the Commonwealth of Virginia Department of Highways as evidence of this Council's con- currence and statement of agreement; and BE IT FINALLY ORDAINED that, an emergency existing, this ordinance shall be in force and effect upon its passage. ATTEST: ¢. Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of April, 1972. No. 20195. AN ORDINANCE authorizing the City Manager's execution of an agreement with Roanoke Distributing Company, Inc., permitting the City to enter onto certain property owned by said Company for the purpose of borrowing fill material for use at the City's Norwich Landfill; and providing for an emergency. WHEREAS, Roanoke Distributing Company, Inc. is willing to grant to the City upon the terms and conditions hereinafter set out permission to borrow fill material from certain hereinafter described property owned by said Company for use in the City's Norwich Landfill at no charge to the City but subject to the condi- tions hereinafter set out; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. 352 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized and empowered to execute on behalf of the City an agreement with Roanoke Distributing Company, Inc., permitting the City to borrow fill material at no charge to the City from said company's property located at the northeast corner of Patterson Avenue, S. ~. and 24th Street, S. ~. upon the following terms and conditions: 1. That the City will have the right to excavate only material that can be easily handled with its normal construction equipment and that if rock is en- countered the City will work around same or move to a new location on the property without resorting to blasting or the use of special equipment in order to remove such rock or shale as may be encountered. 2. That the City will not be obligated to move any required amount of material, but that it shall have the right to haul away from the premises any dirt or excavation material that the City may have occasion to need, without any obliga- tion as far as quantity is concerned. 3. That the City will work to grades to be established by the owners from time to time, which grades will conform, generally, to the existing grades on Patterson Avenue, provided the material is such that can be easily and convenient- ly removed; and that the City will work, generally, in areas designated from time to time by the owner. 4. Termination of such agreement may be accomplished at any time by either party upon delivery of notice in writing to the other; the City to have the right, should such termination be effected by the company, to remove in orderly fashion all equipment, machinery or other property of the City then upon the property. 5. That the owners will provide a policy of comprehensive liability insurance, which policy shall include as a named insured the City and will afford comprehensive liability insurance to the City in its operation on the property exclusive of its operation of automobiles, trucks and similar motor vehicles. BE IT FURTHER ORDAINED that an emergency existing, this ordinance shall be in force and effect upon its passage. A P P R 0 ~ E D ATTEST: Deputy City Clerk Mayor 35 : IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of April, 1972. No. 20196. A RESOLUTION expressing congratulations to the Roanoke College Basket- ball Team and to its coaching staff upon their successful pursuit of the National Collegiate Athletic Association College Division National Basketball Championship, and to Coach Charles R. Moir, Captain Hal Johnston and Jay Piccola for their attainment of certain individual honors. WHEREAS, the members of the Roanoke College basketball team, under the most able direction and coaching of Mr. Charles R. Moir and assistant coach Don Brown, has compiled over the past season the enviable record, unequaled in the school's history, of twenty-eight victories and four losses against the strongest of competition; and WHEREAS, this group of young men and their coaches, throughout the cam- paign continuously performing with the highest degree of mastery of the sport, after winning the Mason-Dixon regular season and tournament championships, parti- cipated for the second consecutive year in the National Collegiate Athletic Associ ation post-season national championship elimination tournament; and WHEREAS, throughout the year, in the South Atlantic Regional Tournament held in Roanoke, and in the National Championship round in Evansville, Indiana, this team exhibited rare and commendable spirit, ability, courage and unselfish- ness, all of which culminated in victory over the team from the University of Akron, Ohio, on March 17, 1972, thus winning for Roanoke College the National Col- legiate Athletic Association College Division National Basketball Championship; and WHEREAS, following this triumph and in most deserved recognition of thei individual efforts, Coach Charles Moir was accorded the signal honor of being chosen Coach of the Year in the College Division by the members of the National Association of Basketball Coaches and by the Associated Press; Captain Hal John- ston of Salem, Virginia, was selected to the Associated Press Small College All- America First Team, and sophomore Jay Piccola to the Associated Press Small Colleg All-America Second Team. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council, for itself and on behalf of the citizens of the City does hereby extend hearty congratulations to each member of the Roanoke College Basketball Team and coaching staff, to its Head Coach, Charles R. Moir, to Captain Hal John- ston and to Jay Piccola, for their most distinguished athletic achievements, and does applaud the exceptional fortitude, determination and dedication to the team 354 ATTE ST: which has marked this band of men throughout the year, all of which has reflect- ed great credit upon its members, its school and the Roanoke Valley. BE IT FURTHER RESOLVED that this Council doth call upon the citizens of the Valley to lend active and enthusiastic support to the Maroons in their future defense of their National Championship. A P P R 0 V E D Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of April, 1972. No. 20197. AN ORDINANCE to amend and reordain Section =89, "Transfers to Capital Improvements Fund," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, far the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =89, "Transfers to Capital Improvements Fund," of the 1971-72 Appropria- tion Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TRANSFERS TO CAPITAL IMPROVEMENTS FUND ~89 CIP 71-8 Mill Mountain Garden Plans (1) ......................... $30,050.00 (1) Net increase .......... $29,550.00 Wildflower garden on Mill Mountain BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED Deputy City Clerk Mayor , 35, IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of April, 1972. No. 20183. AN ORDINANCE providing for the grant and conveyance to the County of Roanoke of a certain easement for the construction and operation of a portion of a public sanitary sewer line within the City; and waiving, to the extent herein provided, certain provisions contained in the contract between the City of Roa- noke and the County of Roanoke made under date of September 28, 1954. WHEREAS, the City has been requested by the Board of Supervisors of Roanoke County and the Roanoke County Public Service Authority to grant the easement hereinafter described and to waive certain contractual covenants and agreements heretofore entered into September 28, 1954, between said City and Roanoke County, with respect to a certain new sewer line proposed to be installed in said easement area and in an adjacent portion of the City; and WHEREAS, a committee of the Council considering the request has recom- mended that the same be 9ranted. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke'that the request of the County of Roanoke and the Roanoke County Public Service Authority for right to construct a portion of a new thirty-six inch sewer line across the City's Water Department property on Tinker Creek and for certain waive of conditions as to said new line and as to another portion of said new line pro- posed to be constructed on other property adjacent to the City's said property, be and the same is hereby APPROVED; and the Mayor is hereby authorized and em- powered to execute on behalf of the City to the County of Roanoke a good and sufficient deed of easement granting to said County, its successors and assigns, includin9 the Roanoke County Public Service Authority, on nominal consideration of $1.00, cash, and upon the provisions herein contained, an easement for a twenty-foot wide sanitary sewer right-of-way through, under and across that cer- tain City-owned property containing approximately 15.7 acres located in the northeast quadrant of the City, on the west bank of Tinker Creek, presently used by the City's Water Department, for the construction, operation and maintenance in said right-of-way of a portion of a certain thirty-six inch relief sanitary sewer line, as the same is shown on a certain plat of survey made by Raymond C. Weeks, C.L.S., under date of January 7, 1972, a copy of which is on file in the Office of the City Clerk, such deed of easement to be upon such form as is approv( by the City Attorney; and that the City Clerk be and is likewise authorized and directed to affix to such deed of easement the City's seal, and to attest the same. 356 ATTEST: BE IT FURTHER ORDAINED that the City of Roanoke doth hereby waive to the extent of the 36-inch sewer line to be constructed on the City of Roanoke's Water Department property, aforesaid, and of another portion of said line which is proposed to be constructed on adjacent property of the Eli Lilly and Company, in the City, those two (2) certain provisions contained in Section VII. A. of the contract in writing heretofore entered into between said City and County under date of September 28, 1954, relating to the City's transmission and treatment of certain of the County's wastes, the first provision waived being relative to said County's installation of sewer lines within the City of Roanoke, which provision would, except for this express waiver, cause or require the title to the within described sewer line to be conveyed by said County to said City; and the second provision waived being relative to the provision of said contract requiring all additions to sewer systems to be and remain the exclusive property of the County; which such waivers may be incorporated in the City of Roanoke's deed of easement hereinabove authorized to be made and executed. APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of April, 1972. No. 20188. AN ORDINANCE to amend Title XV, Chapter 4.1, Section 2 of The Code of the City of Roanoke, 1956, as amended, and Sheet No. 127, Sectional 1966 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanok~ to have: Property located at the northwest corner of Lynn Avenue, S. W., and Brandon Avenue, S. W., described as Lots 17, 18, and 19, Block 9, Map of Colonial Heights, Official Tax Nos. 1271817, 1271818 and 1271819, rezoned from C-2, General Commercial District, to C-i, Office and Institutional District; and WHEREAS, the City Planning 'Commission has recommended that the herein- after described land be rezoned from C-2, General Commercial District, to C-i, Office and Institutional District; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 71, Chapter 4.1, Title XV, of the Code of the City of Roanoke, 1956, as amended, relating to Zoning, have been published and posted as required and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the 3rd day of April, 1972, at 2 p.m., before the Council of the City of Roanoke, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoninq; and WHEREAS, this Council, after considering the evidence as herein provided is of the opinion that the hereinafter described land should be rezonedo THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Title XV, Chapter 4.1, Section 2, of the Code of the City of Roanoke, 1956, as amended, relating to Zoning, and Sheet No. 127 of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz.: Property located on the northwest corner of Lynn Avenue, S. W., and Brandon Avenue, S. W. And described as follows: Lots 17, 18 and 19, Block 9, Map of Colonial Heights designated on Sheet 127 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax No (s). 1271817, 1271818 and 1271819, be, and is hereby, changed from C-2, General Commer- cial District, to C-i, Office and Institutional District, and that Sheet No. 127 of the aforesaid map be changed in this respect. ATTEST: APPROVED Deputy City Clerk ~layor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The lOth day of April, 1972. No. 20189. AN ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of the Code of the City of Roanoke, 1956, as amended, and Sheet No. 127, Sectional 1966 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have that certain lot located on the southeasterly corner of Winthrop Avenue and 23rd Street, S. W., being Lot 22, Block 4, Winona Addition, Official Tax Num- ber 1270522 rezoned from RD, Duplex Residential District, to C-2, General Commer- cial District; and 3'58 WHEREAS, the City Planning Commission has recommended that the herein- after described land be rezoned from RD, Duplex Residential District, to C-2, General Commercial District; and WHEREAS, the written notice and the posted sign required to be publish- ed and posted, respectively, by Section 71, Chapter 4.1, Title XV, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, have been published and posted as required and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the 3rd day of April, 1972, at 2 p.m., before the Council of the City of Roanoke, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the evidence as herein provide is of the opinion that the hereinafter described land should be rezoned. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning and Sheet No. 127 of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz.: Property located on the southeasterly corner of Winthrop Avenue and 23rd Street, S. W., described as Lot 22, Block 4, Winona Addition designated on Sheet 127 of the Sectional 1966 Zone Map, City Of Roanoke as Official Tax No. 1270522, be and is hereby, changed from RD, Duplex Residential District, to C-2, General Commercial District, and'that Sheet No. 127 of the aforesaid map be changed in this respect. A TTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of April, 1972. No. 20200. AN ORDINANCE to amend and reordain Section =25, "Clerk of Courts," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~25, "Clerk of Courts," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: 35 CLERK OF COURTS ~25 Printing and Office Supplies (1) .......... $10,500.00 (1) Net increase ...... $900.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage, APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of April, 1972. No. 20201. AN ORDINANCE to amend and reordain Section =19, "Juvenile and Domestic Relations Court," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~19, "Juvenile and Domestic Relations Court," of the 1971-72 Appropriatior Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: JUVENILE AND DOMESTIC RELATIONS COURT =19 Printing and Office Supplies (1) .......... $5,100.00 (1) Net increase ......... $2,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of April, 1972. No. 20202. AN ORDINANCE to amend and reordain Section =19, "Juvenile and Domestic Relations Court," of the 1971-72 Appropriation Ordinance, and providing for an emergency. 360 WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~19, "Juvenile and Domestic Relations Court," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: JUVENILE AND DOMESTIC RELATIONS COURT ~19 Personal Services (1) . . .... $259,348.00 Automobile Allowance (~i ]]~]]]].]].]].. $ 11,800.00 Office Furniture and Equipment- New (3) ................................ $ 6,752.00 (1) Net increase (2) Net increase ..... (3) Net increase- $22,013.00 5,000.00 1,600.00 100% reimbursed by D. J. C. P. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of April, 1972, No. 20203. AN ORDINANCE to amend and reordain Section ~65, "Airport," of the 1971- 72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section #65, "Airport," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: AIRPORT ~65 Personal Services (1) (2) ............... $154,467.00 (1) Extra and Seasonal Help ..... $4,000.00 Net decrease ......... $500.00 (2) Overtime $1,900.00 Net increase ......... $500.0O 36 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTE ST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of April, 1972. No. 20204. AN ORDINANCE to amend and reordain Section ~90, "Sewage Treatment Fund," of the 1971-72 Sewage Treatment Fund Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~90, "Sewage Treatment Fund," of the 1971-72 Sewage Treatment Fund Appro- priation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SEWAGE TREATMENT FUND ~90 Appropriations for Capital Outlay- Replacement Reserve (1) ................... $40,501.00 (1) Net increase-- -$18,001.00 BE IT FURTHER ORDAINED that,.an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTE ST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of April, 1972. No. 20205. AN ORDINANCE to amend Chapter 3, Sanitary Regulations, of Title XIII, Health, of the Code of the City of Roanoke, 1956, as amended, by adding thereto a new section to be numbered Section 8.1, prohibiting the disposal of garbage and/ 362 or refuse collected outside the corporate limits at any landfill facility operate by the City within the City's corporate limits; and providing for an emergency. WHEREAS, the City has been attempting to resolve the matter of a per- manent, long~range, regional sanitary landfill facility, and in the interim has reached a point where the facilities presently available for sanitary landfill purpose within the corporate limits of the City must be restricted to the dispo- sal of garbage and/or refuse generated within the City; and ;~HEREAS, for the immediate protection and preservation of the public health, safety and welfare, an emergency is hereby set forth and declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the.Council of the City of Roanoke that Chapter 3, Sanitary Regulations, of the Code of the City of Roanoke, 1956, as amended, be, and said chapter is hereby amended by the addition thereto, of a new section to be numbered Sec. 8.1. Disposal of garbage and refuse collected outside corporate limits prohibited at landfill within corporate limits, to read and provide as follows: Sec. 8.1. Disposal of garbage and refuse collected outside corporate limi~ prqhibited at landfill within corporate limits. No person, firm or corporation shall dispose of any garbage and/or refuse brought into the city from any point outside the corporate limits of the city at any landfill facility operated by the city within the corporate limits of the city; provided, however, that this section shall not apply to the disposal of garbage and/or refuse collected by the city's department of public works. Any person violating the provisions of this section shall be guilty of a misdemeanor and shall, upon conviction, be punished as pro- vided in section 14 of this chapter. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall take effect upon its passage. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of April, 1972. No. 20206. A RESOLUTION concurring in a site selection for a new public facility for off-street parking and storage of vehicles by the public; and committing the City to construct or assure the construction of an 800 to 850-car parking and storage garage as generally proposed in a certain report made to the Council. WHEREAS, the Council of the City of Roanoke has, for some time, recog- nized the need for and importance of additional parking and storage facilities for vehicles in the central business district of the City of Roanoke and, to the end that such facility be properly located and its size be adequately provided for, recently commissioned a parking study by National Garages, Inc., to determine site location and economic feasibility of such public parking facility in the central business district; and WHEREAS, National Garages, Inc., submitted to the City of Roanoke on February 22, 1972, its parking study and economic feasibility report for the City of Roanoke, which study and report confirm the economic feasibility of the con- struction and operation of a public parking facility on a site located at the northwest corner of First Street and Church Avenue, S. W., and extending west on Church Avenue, to an existing alley; and WHEREAS, pursuant to the findings and conclusions as to site selection and economic feasibility of the proposed parking facility as contained in the aforesaid report, said Council has by resolutions adopted March 20, 1972, author- ized appraisals to be made of the value of the properties comprising the building site, has directed the preparation of a functional design by National Garages, Inc., of the parking building, and the determination by the City Attorney of available and most advantageous methods by which the City may proceed in the mat- ter. NO~ THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Council of the City of Roanoke hereby accepts and concurs in and with the site selection and general projections of economic feasibility recommended and contained in the report of National Garages, Inc., dated February 22, 1972, made to the Council, a copy of which is on file in the office of the City Clerk, and, accordingly, hereby resolves its commitment to construct or assure the construc- tion, in a manner provided by law, of an 800 to 850-car public parking and storage building or facility, as specified in the report and on the site recommended in said report. BE IT FURTHER RESOLVED that the City Clerk do deliver attested copies oJ this resolution to any interested person or citizen requesting the same. APPROVED ATTEST: Deputy City Clerk Mayor 364 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of April, 1972. No. 20208. ATTEST: AN ORDINANCE relating to the effective date of new charges for was're transmission and treatment provided for in certain contracts recently entered into between the City, the County of Roanoke and the City of Salem; and providing for an emergency. WHEREAS, the City Manager, City Auditor and City Attorney have recom- mended to the Council that to provide for implementation of the billing of charge: provided for in those two contracts heretofore entered into between the City and Roanoke County and the City of Salem, under dates of March 17, 1972, and February 29, 1972, respectively, said contracts not having actually been executed until March 29, 1972, billings at said new rates should be made applicable to wastes accepted by the City on and after April 1, 1972, in which recommendation the Council concurs. WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the effective date that billings on the basis of the new rates and charges for the transmission and treatment of wastes set out in Article IV, Paragraph A., of the contract entered into between the City of Roanoke and the City of Salem under date of February 29, 1972, and of the contract entered into between the City of Roanoke and the County of Roanoke and/or the Roanoke County Public Service Author- ity under date of March 17, 1972, be made applicable to wastes accepted by the City on and after April 1, 1972, for transmission and treatment; and that billing~ for all wastes accepted prior to April 1, 1972, be made on the basis of rates provided in prior contracts existing between said parties. BE IT FURTHER ORDAINED that the City Clerk do forthwith transmit attest- ed copies of this ordinance to the Mayor of the City of Salem and to the Chairmen of the Roanoke County Board of Supervisors and the Roanoke County Public Service Authority. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance shall take effect immediately upon its passage. APPROVED Deputy City Clerk Mayor 36, IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of April, 1972. No. 20209. A RESOLUTION calling for the publication on a biennial basis to the citizens of the City of Roanoke to be entitled, "The State of The City Report". WHEREAS, there is a manifest need for the government of the City of Roanoke to make a periodic report on the state of the City; and WHEREAS, the City of Roanoke operates on a fiscal year basis ending June 3Oth. at which time preparation is begun by the City Auditor of the annual finan- cial statement of the City of Roanoke; and WHEREAS, it would be of benefit to present at the earliest practical date after the close of the fiscal year, a full and complete report containing but not be limited to, the sources of tax revenues, the expenditures of these revenues, future planning, operation of the school system, reports from each of the department heads, a message from the City Manager and the City Council with respect to the overall condition of the City and its immediate and long range prospects and other pertinent and imformative facts about the City; and THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that a state of the City report shall be published in the Roanoke Times on the first Sunday of September of each even numbered year beginning September, 1972 and a sum sufficient shall be included within the budget prepared during each even numbered year for this purpose. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of April, 1972. No. 20198. AN ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, and Sheet No. 112, Sectional 1966 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have property located at the southwest corner of Elm Avenue and Fifth Street, S. W., described as one half of Lot ll and all of Lots 12 and 13, Block 12, Lewis 366 ATTEST: Addition Map, Official Tax No. 1120813, rezoned from C-l, Office and Institutional District, to C-2, General Commercial District; and WHEREAS, the City Planning Commission has recommended that the herein- after described land not be rezoned from C-l, Office and Institutional District, to C-2, General Commercial District; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 71, Chapter 4.1, Title XV, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, have been published and posted as required and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the lOth day of April, 1972, at 2 p.m., before the Council of the City of Roanoke, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the evidence as herein pro- vided, is of the opinion that the hereinafter described land should be rezoned. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, and Sheet No. 112 of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz.: Property located on the southwest corner of Elm Avenue and Fifth Street, S. W., described as one half of Lot 11 and all of Lots 12 and 13, Block 12, Lewis Addition Map, de'signated on Sheet 112 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax No. 1120813, be, and is hereby, changed from C-l, Office and Institutional District, to C-2, General Commercial District, and that Sheet No. 112 of the aforesaid map be changed in this respect. APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of April, 1972. No. 20199. AN ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, and Sheet No. 316, Sectional 1966 Zone Map, City of Roanoke, in relation to Zoning. 36; WHEREAS, application has been made to the Council of the City of Roanoke to have the property described as 108 Lee Avenue, N. E., Roanoke, Virginia, and being the Southerly one-half (1/2) of Lot 3, Block 4, according to the Map of Upson Addition, being Roanoke City Official Tax No. 3160129 rezoned from RD, Duple Residential District, to RG-2 General Residential District; and WHEREAS, the City Planning Commission has recommended that the herein- after described land be rezoned from RD, Duplex Residential District, to RG-1, General Residential District; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 71, Chapter 4.1, Title XV, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, have been published and posted as required and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the 10th day of April, 1972, at 2 p.m., before the Council of the City of Roanoke, at which hearing all parties in interest and citizens were given an opportunity to be heard both for and against the proposed rezoning, and WHEREAS, this Council, after considering the evidence as herein provided is of the opinion that the hereinafter described land should be rezoned. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, and Sheet No. 316 of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz.: Property located at 108 Lee Avenue, N. E., Roanoke, Virginia, described as the Southerly one-half (1/2) of Lot 3, Block 4, Map of Upson Addition, desig- nated on Sheet 316 of the Sectional 1966 Zone Map, City of Roanoke as Official Tax No. 3160129 be, and is hereby, changed from RD, Duplex Residential District, to R G-1, General Residential District, and that Sheet No. 316 of the aforesaid map be changed in this respect. ATTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of April, 1972. No. 20207. AN ORDINANCE authorizing and providing for the City's leasing to Crea- tive Displays, Inc., of Roanoke of a portion of Official No. 3080433, upon certain terms and conditions. 368 WHEREAS, the City Manager has advised the Council of an offer to lease from the City a certain portion of the parcel of land purchased by the City for use as a service center, but not yet used for such purpose, recommending that such lease be authorized upon the terms and provisions herein contained; in which recommendation the Council concurs. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be and he is hereby authorized upon the effective date of this ordinance to enter into written lease agreement on behalf of the City with Crea- tive Displays, Inc., of Roanoke, leasing to the said firm for the purpose of outdoor advertising billboards only, a portion of Official No. 3080433, as such lot abuts the east side of Interstate 581, and as such portion is presently utilized by said firm for outdoor advertising purposes under lease with the prior owners of said land, said lease expiring on March 12, 1972, said new lease to be upon form drawn and approved by the City Attorney, but to contain amongst its provisions the following, viz.: (a) The property to be leased shall be that portion of Official No. 3080433 lying immediately to the east of Interstate Route 581, extending approx- imately 750 feet in length along said Interstate Route 581 and extending for a depth of 100 feet from said Interstate Route 581; (b) That the term of lease shall be from year to year, retroactive in 'effect to March 13, 1972, and shall be terminable by either party at any time by 30-day written notice given to the other party of said party's intention to terminate; provided, however that should the City exercise its right of termina- tion, any rental paid in advance shall be pro rata refunded to the lessee; (c) That there shall be paid to the City as rental for said premises the sum of $100.00 per month, payable semi-annually in advance; (d) All equipment and structures erected on the premises by the lessee shall remain the property of the lessee but shall be promptly removed by the lessee at the expiration of the term of this lease or at such earlier date as the same may be terminated by notice herein provided. (e) All utility bills incurred by the lessee in furtherance of its business shall be paid by the lessee; (f) That the lease shall not be assignable by the lessee nor shall the premises be sublet, in whole or in part, without the prior written consent of the City. (g) That the lessee shall agree to defend, indemnify and save the City harmless from the claims of all parties for damage or loss by reason of personal injury or property damage or loss in any manner arising as a result of or by reason of said lessee's use or occupancy of the premises; and (h) Such other provisions protecting or insuring the City's interest in the aforesaid premises as may be incorporated into said lease by the City Manager or the City Attorney. ATTEST: Deputy City Clerk APPROVED rvla yo r IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of April, 1972. No. 20210. AN ORDINANCE to alter, close, or discontinue Winding Way Road to through traffic by barricading or blocking said road at or near its southwesterly inter- section with Park Lane so as to prevent through traffic over Winding Way Road between Colonial Avenue and Ogden Road. WHEREAS, Byron E. Haner, Kenneth D. Cummins, and James P. Brice, in their individual capacities as residents and on behalf of other residents in the Jefferson Hills-Jefferson Park-Jefferson Forest section of the City of Roanoke, have heretofore filed their petition with the Council of the City of Roanoke in accordance with law requesting said City Council to alter, close, or discontinue Winding Way Road to through traffic by barricading or blocking said road at or near its southwesterly intersection with Park Lane so as to prevent through traffi. over Winding Way Road between Colonial Avenue and Ogden Road; to appoint viewers as required by law; and to refer the matter to the City Planning Commission for its review, recommendation, and report; and WHEREAS, due notice of the intended application had been given to the public by posting at least ten days in advance of its presentation to City Council as required by Section 15.1-364 of the Code of Virginia of 1950, as amended to date; and WHEREAS, in accordance with the request of said petitioners, Resolution No. 20132 was adopted by City Council on March 6, 1972, appointing viewers to view the aforesaid street and area and to submit their report in writing; and WHEREAS, pursuant to said Resolution, said viewers viewed the area to be affected and thereafter submitted their report in writing under oath that'in their opinion no substantial inconvenience would result from said alteration, said report and affidavits having been filed with the City Clerk; and WHEREAS, this matter was also referred to the City Planning Commission for its study, report, and recommendation; and 370 ATTE ST: WHEREAS, the City Planning Commission considered said request at its meeting on the 15th day of March, 1972, and has submitted its report and recommen- dation to City Council recommending that the request of the petitioners be granted and that Winding Way Road be closed to through traffic by the erection of a break- away barricade on Winding Way Road at or near its southwesterly intersection with Park Lane; and WHEREAS, a Public Hearing.on the request of the petitioners was held by City Council on the 17th day of April, 1972, at which hearing all parties in interest and citizens were given an opportunity to be heard both for and against the proposed discontinuance of Winding Way Road as a through street; and WHEREAS, upon due consideration of the matter, all land proprietors to be affected thereby having been duly notified, the Council is of the opinion that no substantial inconvenience will result to the landowners in the area or to the public in general from the alteration, closing, or discontinuance of Winding Way Road to through traffic at or near its southwesterly intersection with Park Lane; that said alteration, closing, or discontinuance would substantially improve the area as a residential subdivision; and that, in view of all the circumstances, the petitioners' application should be granted; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virgin- ia, that Winding Way Road be altered, closed, or discontinued to through traffic by the erection of such scenic divider, barricade, guard rail, fence, cul de sac, or other similar device as the City Engineer might approve at or near the south- westerly intersection of Winding Way Road with Park Lane so as to prevent through traffic over Winding Way Road between Colonial Avenue and Ogden Road; and BE IT FURTHER ORDAINED that appropriate lighting, reflectorization, and warning signs be installed and maintained at both ends of said barricade and that appropriate signs be installed at both entrances to Winding Way Road to indicate that it is a dead-end street or otherwise closed to through traffic; and BE IT FURTHER ORDAINED that the City Engineer be, and he hereby is, directed to make proper notations of the discontinuance of Winding Way Road as a through street on the maps and plats on file in his office on which Winding Way Road appears; and BE IT FURTHER ORDAINED that the City Clerk deliver to the Clerk of the Hustings Court for the City of Roanoke, Virginia, an attested copy of this Ordi- nance in order that said Clerk may make proper notations of the discontinuance of Winding Way Road as a through street on all maps and plats recorded in his office on which Winding Way Road appears. A P P R 0 V E D Deputy City Clerk Mayor 371 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of April, 1972. No. 20211. A RESOLUTION approvin9 and adoptin9 a certain revision and amendment of a portion of the Major Arterial Highway Plan for the City of Roanoke, dated December, 1963. WHEREAS, Mrs. L. D. Brugh, owner of properties located in the City of Roanoke, at the intersection of Williamson Road and Forest Hill Avenue, described as Lots 11 through 14, inclusive, Block F, Map of Williamson Grove, has hereto- fore petitioned the City of Roanoke, Virginia, to amend Plate 83 of the Major Arterial Highway Plan, dated December, 1963, so that the proposed straightening of Forest Hill Avenue at its intersection with Williamson Road to the west of Williamson Road be eliminated so that development of the lots aforesaid may be undertaken; and WHEREAS, the Fifth Plannin9 District Commission, in accordance with Section 15.1-1408 of the Code of Virginia, has by resolution dated January 27, 1972, determined that the amendment sought is of less than district wide signifi- cance which enables the City of Roanoke to act independently on the amendment and revision requested; and WHEREAS, the matter has been referred to the Roanoke City Planning Commission, before whom a public hearing, properly advertised, has been heard and upon the resolution and recommendation by the Roanoke City Planning Commissio that the amendment requested be made; and WHEREAS, public hearin9 in the matter has heretofore been heard by the Council of the City of Roanoke, and WHEREAS, public hearing before Council on the 17th day of April, 1972, has been properly advertised: NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Roanoke, that that portion of the City's Major Arterial Plan dated December, 1963, here- tofore approved and adopted by the Council, resolution =16274, on February 15, 1965, be revised and amended to provide that Plate 83 thereof be amended in accordance with Plat prepared by Dick g Wall, Civil Engineers, dated January 26, 1972, a copy of which is attached hereto, so that the proposed straightening of Forest Hill Avenue, at its intersection with Williamson~Road to the west of Williamson Road, be deleted and the offset to the north along Williamson Road of Forest Hill Avenue, west of Williamson Road, be maintained as shown in accord- ance with the Map of Dick g Wall dated January 26, 1972, in accordance with the recommendation of the Roanoke City Planning Commission and 372 BE IT FURTHER RESOLVED, that copies of the aforesaid map be prepared and inserted in Plate 83 of the Major Arterial Highway Plan, dated December, 1963ii and that a copy of this resolution, together with a copy of the said map, be forwarded by the City Clerk to the Fifth Planning District Commission in accord- ance with the resolution of the Fifth Planning District Commission, dated January 27, 1972. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of April, 1972. No. 20212. AN ORDINANCE to amend and reordain Section ~7400, "Schools - Maintenanc of Buildings," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =7400, "Schools - Maintenance of Buildings," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS - MAINTENANCE OF BUILDINGS =7400 Maintenance of Buildings (1) ............ $118,169.50 (1) Net increase $139.50 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTE ST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of April, 1972. No. 20213. AN ORDINANCE to amend and reordain certain sections of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 1971-72 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: SCHOOLS - TRANSPORTATION BY CONTRACT ~5700 Transportation by Contract (1) ........... $148,000.00 SCHOOLS - MAINTENANCE LABOR ~?100 Maintenance Labor (2) .................... 368,336.00 SCHOOLS - FUEL AND POWER ~6400 Fuel and Power (3} ....................... 278,000.00 (1) Net decrease --$ 5,000.00 (2) Net decrease ................ 48,000.00 (3) Net increase 53,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of April, 1972. No. 20214. AN ORDINANCE to amend and reordain Section ~80000, "Schools - Vocation- al Education for the Handicapped," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =80000, "Schools - Vocational Education for the Handicapped," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordain. ed to read as follows, in part: 37 4 SCHOOLS - VOCATIONAL EDUCATION FOR THE HANDICAPPED ~80000 Personal Services ............ ,~, ...... . .~.. $ 7,000.00 Equipment ............................ 20,889.00 100% of actual expenditures to be..reimbursed by the State Department of Education. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of April, 1972'~ No. 20215. AN ORDINANCE authorizing the City Manager on behalf of the City to enter into a License Agreement with Broadcast Music, Inc., for a term of twenty- one months commencing as of April 1, 1972, renewable thereafter from year to year, upon certain terms and provisions; and providing for an emergency. WHEREAS, the City Manager has reported to the Council under date of April 17, 1972, that it is necessary for the City to enter into agreement with Broadcast Music, Inc., so that the City may present or cause to be presented at the Roanoke Civic Center certain musical performances or musical works, the licensing rights to which are held by Broadcast Music, Inc., such agreement to be upon terms and conditions negotiated with said licensor by the City Manager and the City Attorney and reported to the Council; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be and is hereby authorized to execute on behalf of the City a written agreement with Broadcast Music, Inc., providing the terms upon which the City shall be allowed to present or cause to be presented at the Roanoke Civi. Center music and musical works under the licensing control of Broadcast Music, Inc., said agreement to be retroactive in effect to April 1, 1972, and to termi- nate December 31, 1973; thereafter to be renewable for additional periods of one year each; to contain provision for termination by either party upon the giving of thirty days written notice of such party's intent to so terminate, prior to th( end of any year of the term of such agreement; the City to pay such fees as are 37, provided for in said agreement; such agreement to be, otherwise, upon such form as is approved by the City Attorney and to contain such other terms and conditions as are considered necessary in the premises by the City Manager. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall take effect upon its passage. A TTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of April, 1972~ No. 20217. AN ORDINANCE accepting the proposal of Virginia Asphalt Paving Company, Inc., and Adams Construction Company for the paving of streets at various location in the City of Roanoke; authorizing the proper City officials to execute the requisite contract; rejecting certain other bids made to the City; and providing for an emergency. WHEREAS, on April 13, 1972, and after due and proper advertisement had been made therefor, certain bids for the resurfacing of streets throughout the City were opened in the office of the City's Purchasing Agent by three members of a committee appointed for the purpose, and thereafter were tabulated and studied by the committee which has made written report and recommendation to the Council through the City Manager; and WHEREAS, the City Manager, concurring in the committee's report has transmitted the same to the Council, recommending award of the contract as here- inafter provided; and the Council, considering all of the same, has determined that the bid hereinafter accepted is the lowest and best bid made to the City for the resurfacing of the streets, and that funds sufficient to pay for the purchase price of said surfacing have been appropriated; and WHEREAS, it is necessary for the usual daily operation of the municipal government, that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the proposal, made as a joint venture, of Virginia Asphalt Pav~g Company, Inc., and Adams Construction Company for the paving of streets at various locations throughout the City, in accordance with the Virginia Department of 3?6 Highway's specification and as described in the City's plans and specification, for an estimated sum of $46,652.20, based on unit prices and estimated quantities,: be and said proposal is hereby ACCEPTED, the costs to be incurred by the City, however, not to exceed the total sum of $46,652.20, unless and until further appropriation for the purpose of said contract be made by the Council. 2. That the City Manager and the City Clerk, be and they are hereby authorized and directed, for and on behalf of the City to execute and to seal and attest, respectively, the requisite contract with the aforesaid Virginia Asphalt Paving Company, Inc., and Adams Construction Company, the same to incorporate the terms and conditions of this ordinance, said bidders' joint proposal and the City' plans and specifications made for said work; said contract to be upon such form as is approved by the City Attorney, and the cost .of the work, when completed, to be paid out of funds appropriated by the Council for the purpose; and 3. That the other bids made to the City for performing said work be REJECTED, the City Clerk to so notify said other bidders and to express to each the City's appreciation of said bids. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage. ATTEST: ~ )(M~~ APPROVED Oeputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of April, 1972. No. 20218~. A RESOLUTION concurring in the City's payment of a final workmen's compensation award to Raymond A. Harris, a former employee of the City. WHEREAS, Raymond A. Harris, an employee of the City's Maintenance Divi- sion, was injured on December 29, 1969, in the course of his employment with the City, which injury resulted in the entry of an order awarding payment of workmen' compensation to Mr. Harris, which payments are presently being made to Mr. Harris and WHEREAS, said former employee, following a medical examination ordered by the City which reveals that said employee~ injury has reached maximum improve- ment, has agreed to accept from the City payment of $3,570.00 as full and complet, settlement of any and all workmen's compensation benefits arising as a result of his compensable accident. 37; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council concurs in payment of the sum of $3,570.00 to Mr. Raymond A. Harris, as full and complete settlement of any and all claims for workmen's compensation benefits arising out of the injury to Mr2 Harris on December 29, 1969, while in the course of his employment with the City of Roanoke, provided such settlement be approved by the Industrial Commission. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of April, 1972. No. 20219. A RESOLUTION authorizing and directing that appeal be taken by the City of Roanoke to a certain final order of annexation entered February 29, 1972, in the Circuit Court of Roanoke County, Virginia. WHEREAS, there has previously been submitted to the Council the opinion handed down September 25, 1971, by the Circuit Court for the County of Roanoke, sitting as a special annexation court in certain consolidated annexation cases tried therein and in which City of Roanoke was a party, and there has been fur- ther submitted to the Council the final order of annexation entered in said cases on February 29, 1972, ordering dismissal of the City's case brought for annexa- tion of territory but ordering annexation to the City of certain small portions of territories sought in other cases to be annexed to the City; and WHEREAS, legal counsel for the City, together with the City Manager, reporting to the Council on the various aspects of the matter have recommended, for reasons stated in their report, that appeal be taken by the City of Roanoke to the final order entered February 29, 1972, aforesaid; and WHEREAS, the Council, considering all such matters and the best interest of the City and of the areas which would be affected by said final order, as entered, are of opinion that the final order entered February 29, 1972, should be appealed by the City. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that thc City Attorney and legal counsel associated with the City Attorney in the trial of the consolidated annexation cases concluded in the Circuit Court for the County of Roanoke by final order entered therein on February 29, 1972, be, and said at- 378 torneys are hereby authorized and directed, for and on behalf of the City of Roa- noke, to appeal said final order to the Supreme Court of Virginia, and to take all necessary legal action on behalf of said City incident to such appeal. ATTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of April, 1972. No. 20220. A RESOLUTION recommending and urging the Virginia Department of Highways to proceed with the development of necessary preliminary plans and studies for the construction of a new bridge on South Jefferson Street over the Roanoke River, in the City of Roanoke; setting out the need therefor; and committing the City to pay its proportionate part of the cost of such improvement. WHEREAS, there exists a need to provide for a new bridge on South Jeff- erson Street over the Roanoke River so as to provide for the orderly flow of in- creased traffic on said street. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be, and he is hereby directed to request the Department of High- ways of the Commonwealth of Virginia to initiate and program a project and to proceed with necessary preliminary surveys and preparation of plans, at no cost to the City, for providing for the construction of a new bridge on South Jefferson Street over the Roanoke River; such preliminary investigation to include consider- ation of enlargement of said new bridge to extend over the Norfolk ~ Western Railway Company's right-of-way crossing said street, such improvement to be accom- plished by project in which the State and TOPICS would bear 85% and the City would bear 15% of the total cost of such improvement. BE IT FURTHER RESOLVED that the City Manager be, and he is hereby, authorized to execute, on behalf of the City, all requisite applications to the Virginia Deparment of Highways for the accomplishment of the aforesaid improvement and, further, to extend the City's assurance that said City will, upon the order- ing of such improvement, commit itself to pay 15% of the total cost thereof out of funds provided in the City's Capital Improvement Project Account for such pur- poses; and the City's further assurance that, should the Council decide at a 37 later date, to abandon or discontinue said project, the City will, in that event only, agree to pay 100% of the then accrued costs of the project. APPROVED ATTE ST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of April, 1972. No. 20221. A RESOLUTION recommending and urging the initiation by the Department of Highways of a project to provide for the widening and improvement by construction of additional traffic lanes and of coordinated traffic control signal devices for 24th Street, N. W., from the north line of the 24th Street Tunnel (Shaffer's Crossing) to the intersection of Melrose Avenue, N. W., and thence, on Melrose Avenue, N. W., to the intersection of Lafayette Boulevard, N. W., in the City of Roanoke; setting out the need therefor; and committing the City to pay its propor- tionate part of the cost of such improvements. WHEREAS, there exists a need to provide for the widening and improvement by the construction of additional traffic lanes and of a system of traffic control signal devices for the purpose of better controlling vehicular traffic on 24th Street, N. W., from the north line of the 24th Street Tunnel (Shaffer's Crossing) to the intersection of Melrose Avenue, N. W., and thence, on Melrose Avenue, N. W. to the intersection of Lafayette Boulevard, N. W. THEREFORE BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be, and he is hereby directed to request the Department of Highways of the Commonwealth of Virginia to initiate and program a project and to proceed with necessary surveys and preparation of plans, at no cost to the City, for pro- viding for the widenin9 and improvement by construction of additional traffic lane and for a system of traffic control signal devices on 24th Street, N. W., from the north line of the 24th Street Tunnel (Shaffer's Crossing) to the intersection of Melrose Avenue, N. W., and thence, on Melrose Avenue, N. W., to the intersection of Lafayette Boulevard, N. W., including improvement of the intersections of Salem Turnpike, 22nd Street, N. W., and Loudon Avenue, N. W., such improvements to be accomplished by project in which the State and TOPICS would bear 85% and the City would bear 15% of the total cost of such improvements. 380 ATTE ST: BE IT FURTHER RESOLVED that the City Manager be, and he is hereby author- ized to execute, on behalf of the City, all requisite applications to the Virginia Department of Highways for the accomplishment of the aforesaid improvements and, further, to extend the City's assurance that said City will, upon the ordering of such improvements, commit itself to pay 15% of the total cost thereof out of funds provided in the City's Capital Improvement Project Account for such purposes; and the City's assurance that, should the Council decide, at a later date, to abandon or discontinue said project, the City will, in that event only, agree to pay 100% of the then accrued costs of the project. APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of April, 1972. No. 2022'2. AN ORDINANCE accepting a proposal for furnishing to the City 1,500 Chicago Pump diffuser tubes for use at the City's Sewage Treatment Plant; and providing for an emergency. WHEREAS, on April 5, 1972, and after due and proper advertisement had been made therefor, certain bids for the supply to the City of the supplies here- inafter mentioned were opened in the office of the City's Purchasing Agent by three members of a committee appointed for the purpose, and thereafter were tabu- lated and studied by the committee which has made written report and recommenda- tion to the Council through the City Manager; and WHEREAS, the City Manager, concurring in the committee's report has transmitted the same to the Council, recommending acceptance of the bid; as here- inafter provided and the Council, considering all of the same, has determined that the bid hereinafter accepted is the lowest and best bid made to the City for the supply of said supplies, meeting all of the City's specifications made therefor, and that funds sufficient to pay for the purchase price of said supplies have been appropriated; and WHEREAS, for the usual daily operation of the City's Sewage Treatment Plant, an emergency is declared to exist in order that this ordinance take effect upon its passage. 38.1 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the offer of Kappe Associates, Incorporated, of Rockville, Maryland, to supply to the City 1,500 Chicago Pump diffuser tubes for a total price of $18,001.00, cash, be, and said offer is hereby ACCEPTED; and the City's Purchasin9 Agent be, and he is hereby authorized and directed to issue the requisite purchase order therefor, incorporatin9 into said order the City's specifications, the terms of said bidder' proposal, and the terms and provisions of this ordinance; the cost of said supplie to be paid for out of funds heretofore appropriated for the purpose; and upon acceptance by the City of the aforesaid supplies, the City Auditor shall be, and he is hereby authorized and directed to make requisite payment to said Kappe Asso- ciates, Incorporated, of the aforesaid price, not to exceed the sum hereinabove set out. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in full force and effect upon its passage. A TTE ST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of April, 1972. No. 20216. AN ORDINANCE authorizin9 and directin9 the City's sale and conveyance to the Commonwealth of Virginia of two parcels of land containin9 a total of 3,294 square feet, more or less, and temporary construction easements on land adjacent thereto, situate on Tenth Street, N. W., bein9 designated as Official Nos. 2111321 and 1110204, accordin9 to the Tax Appraisal Maps of the City of Roanoke, upon certain terms and conditions. WHEREAS, the City is the owner of the parcels of land hereinafter des- cribed which, bein9 held as surplus property and not needed for public purposes, were the subject of an offer to purchase made by the State Hiqhway Department; and WHEREAS, the City Manager has reported to the Council and has recommend- ed that said offer, bein9 equivalent to the appraised value of said parcels of land, should be accepted and that conveyance of the title to said parcels and to temporary construction easements on land adjacent thereto, to the offeror be autho ized and directed on the terms hereinafter set forth. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the sale and conveyance of the followin9 described parcels of land situate in the City of Roanoke, viz.: 382 Parcel 1 BEING the easterly 33.33 feet of Lot 16, Block 49, Map of Rogers, Fairfax and Houston, and designated as Official No. 2111321, according to the Tax Appraisal Maps of the City of Roanoke, said parcel being further designated as Parcel 085 on Sheet 7 of the plans for State Highway Project U000-128- 101, RW-201; TOGETHER with the right and easement to use such additional areas as are shown on said plans for cut and/or fill slopes required for the proper con- struction and maintenance of the work, said additional area containing approximately 2,530 square feet; and BEING the same property acquired by the City of Roanoke from Old Dominion Fire Insurance Company, Incorporated, by deed dated December 4, 1934, of record in the Clerk's Office of the Hustings Court of the City of Roanoke, Virginia, in Deed Book 598, at page 169. Parcel 2 BEING the southerly portion of Lots 1 and 2, Block 15, of the Dr. J. W. Webb Map, designated as Official No. 1110204, according to the Tax Appraisal Maps of the City of Roanoke, said parcel being further designated as Parcel 082 on Sheet 5 of the plans for State High- way Project U000-128-101, RW-201; TOGETHER with the right and easement to use such additional areas shown on said plans for cut and/or fill slopes required for the proper construction and maintenance of the work, said additional area con- taining approximately 558 square feet; and BEING the same property conveyed to the City of Roanoke by Moss A. Plunkett, Trustee, by deed dated August 19, 1940, of record in the Clerk's Office of the Hustings Court of the City of Roanoke, 'Virginia, in Deed Book 664, at page 191; to the Commonwealth of Virginia, for and in consideration of the sum of $1,897.00, cash, be, and is hereby authorized and approved, subject to the terms and condi- tions herein provided, and the City Clerk shall so notify said offeror by trans- mittal of an attested copy of this ordinance. BE IT FURTHER ORDAINED that the Mayor be, and he is hereby authorized and empowered, for and on behalf of the City to execute to the aforesaid purchaser a deed of conveyance drawn by the City Attorney conveying to said purchaser the fee simple title to the aforesaid parcels, as well as temporary construction ease- ments on land adjacent thereto, said deed to contain the City's General Warranty of Title, and Modern English covenants on behalf of the City, and the City Clerk be, and is hereby authorized and directed to affix to the aforesaid deed of con- veyance the City's corporate seal and to attest the same, both said officials to thereafter acknowledge their signatures as provided by law. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of April, 1972. No. 20223. AN ORDINANCE to amend and reordain Section =3, "City Manager," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec- tion ~3, "City Manager," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CITY MANAGER ~3 Office Furniture and Equipment - Replacement (1) .......................... $1,496.50 Office Furniture and Equipment- New (2) .................................. 368.50 (1) Net decrease .......... $228.50 (2) Net increase ....................... 228.50 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. A TTE ST: Deputy City Clerk APPROVED ~Ia yor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of April, 1972. No. 20224. A RESOLUTION concurring in the City's payment of workmen's compensation benefits to Mary Curran, widow of Gerald S. Curran, a former employee of the City. WHEREAS, Mary Curran, widow of Gerald S. Curran, Department of Public Works, Street Division, who was fatally injured on March 18, 1971, in the course of his employment with the City, has filed before the Industrial Commission of Virginia, a claim for workmen's compensation benefits; and WHEREAS, Mrs. Curran, through her legal counsel, has aqreed to accept from the City payment of $15,500.00 as full and complete settlement of any and all claims and workmen's compensation benefits arising as a result of the compensable accident, and the City Attorney and City Manager recommend that such settlement be agreed upon and paid by the City. 384 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council concurs in payment of the sum of $15,500.00 to Mary Curran, widow of Gerald S. Curran or to her authorized legal counsel, as full and complete settle- ment of any and ail causes of action and claims for workmen's compensation benefit., arising out of the death of Mr. Curran on March 18, 1971, while in the course of his employment with the City of Roanoke, provided such settlement be approved by the Industrial Commission, and such payment be accepted as such settlement. ATTE ST: ~~ Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of April, 1972. No. 20225. AN ORDINANCE to amend and reordain Section ~91, "Non-Departmental," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =91, "Non-Departmental," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: NON-DEPARTMENTAL g91 Workmen's Compensation ...................... $30,500.00 (1) Net increase $15,500.00 To provide for the payment of Workmen's Compensation death benefit to Mary Curran, widow of Gerald S. Curran. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of April, 1972. No. 20228. AN ORDINANCE to amend and reordain Sec. 1., Designation, of Chapter 3., Public Depositories, of Title V, Finance, of the Code of the City of Roanoke, 1956, as amended, designating certain banks as depositories for all public monies of the City which may be subject to current withdrawal on check; and providing for an emergency. WHEREAS, Bank of Virginia, heretofore approved as a depository for public monies of the City, no longer maintains banking quarters in the City of Roanoke but its quarters and banking business have been largely taken over by Bank of Virginia-Roanoke Valley, newly organized as a state bank with its principal office in the Town of Vinton; and WHEREAS, Security National Bank of Roanoke, by reason of merger agreement made September 1, 1971, has changed its name to United Virginia Bank/Security National; and WHEREAS, a committee appointed by the Council has, by report to the Council dated April 24, 1972, recommended that Sec. 1, Chapter 3, of Title V, of the Code of the City of Roanoke, 1956, as amended, be amended and reordained so as to reflect the aforesaid circumstances and so as to designate Bank of Virginia- Roanoke Valley and United Virginia Bank/Security National as approved banks for the deposit of certain funds of the City; and WHEREAS, in order to provide for the usual daily operation of the muni- cipal government, the Council deems an emergency to exist such as to require that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec. 1, Designation, of Chapter 3, Public Depositories, of Title V, Finance, of the Code of the City of Roanoke, 1956, as amended, be and said section is hereby amended and reordained, to read and provide as follows: Sec. 1. Desianation. The following named banks are hereby designated as depositories for all public monies of the city, which may be subject to current withdrawal on check, and all such revenues of the city shall be currently deposited in the depositories hereinafter designated at the rate of per cent shown opposite the banks indicated, to the total of all current checking funds so deposited: The First National Exchange Bank of Virginia .. 40% to 60% The Colonial-American National Bank of Roanoke ................................. Mountain Trust Bank ................... i ...... i 20% to 30% 10% to 20% Bank of Virginia-Roanoke Valley ............... 4% to 8% United Virginia Bank/Security National ........ 2% to or as closely approximate thereto as may be practical. The above-named banks are hereby also designated as depositories for any part of or all city funds. This section shall not apply to time deposits. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of April, 1972. No. 20229. A RESOLUTION approving and authorizing a donation to the Roanoke Squad- ron, Virginia Wing, of the Civil Air Patrol. WHEREAS, it has been reported to the Mayor and the members of the City Council that the Roanoke Squadron, Virginia Wing, of the Civil Air Patrol suffered damages in the amount of $746.20 to two of its aircraft as the result of a violent windstorm, while parked inside a Roanoke Municipal Airport Hangar on June 7, 1971; and WHEREAS, the Civil Air Patrol is a non-profit, volunteer organization involved in numerous community service activities including air search and rescue operations, natural disaster relief capability and emergency communication, and has been of great service to the City of Roanoke and to the Roanoke Valley for many years; and WHEREAS, the City Council is desirous of making a donation of funds to compensate for the damage to the aircraft of the Civil Air Patrol, aforesaid and is appropriating contemporaneously herewith the sum of $746.20 for that purpose. THEREFORE, BE IT RESOLVED, by the Council of the City of Roanoke that said Council doth hereby authorize and approve the City's payment of the sum of $746.20, cash, to the Roanoke Squadron, Virginia Wing, of the Civil Air Patrol, out of funds appropriated this day for the purpose, to enable said organization to pay for repairs to two of its aircraft damaged at Roanoke Municipal Airport on June 7, 1971. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of April, 1972. No. 20230. AN ORDINANCE to amend and reordain Section ~91, "Non-Departmental," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~91, "Non-Departmental," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: NON-DEPARTMENTAL ~91 Damages to Property (1) ................ $1,546120 (1) Net increase ...... $746.20 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of April, 1972. No. 20231. A RESOLUTION relating to implementation of the Routes 115-116 and Route 24 Highway projects, in the City, now in the stage of final design by the Virginia Department of Highways. WHEREAS, members of the community in the areas involved have observed and the Council has been advised, with noted satisfaction, active work by survey parties of the Virginia Department of Highways on the Highway projects designated as Routes 115-116 from Dale Avenue to Bennington Street, S. E., and that portion of Route 24 from llth Street to 9th Street, S. E., both of which projects were pro- vided for in the City's 1967 Capital Improvements Program and are earnestly desired to be accomplished by residents and civic leagues of the southeast community of the City; and WHEREAS, all such parties and this Council are hopeful that certain in- creased funds for highway projects provided by recent legislation enacted by the 388 1972 General Assembly of Virginia will make possible an accelerated program for the construction of the said projects by the Department of Highways so that the bene- fits of such improvements may be attained for those areas of the City. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council expresses appreciation to the Virginia Department of Highways for the atten- tion given the City's request for the preparation and plans for and construction of the projects designated as Routes 115-116 from Dale Avenue to Bennington Street, S. E., and from llth Street to 19th Street, S. E.; and be it further resolved that said Department of Highways be and is hereby urged to continue in and accelerate th~ programming of construction of the aforesaid projects and be assured, in so doing, of the full cooperation and assistance of the City in matters relating to said pro- jects, which would lead to early accomplishment of the benefits to be derived by the community therefrom. BE IT FURTHER RESOLVED that the City Manager be, and is hereby authorized to transmit, through appropriate channels, attested copies of this resolution to the Virginia Department of Highways. APPROVED A TTE ST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of April, 1972. No. 20232. A RESOLUTION expressing the City's desire to seek modification of the Special Order of the State Water Control Board dated March 17, 1972, issued to the City and concurring in the filing of a Notice of Appeal of said Special Order, in the Circuit Court of the City of Roanoke. WHEREAS, by Special Order, dated March 17, 1972, the State Water Control Board determined that the City of Roanoke was not engaged in an active pollution abatement program and imposed certain requirements and criteria on the City's oper- ation of its Sewage Treatment Plant, which determination the City contends is erroneous and which requirements and criteria the City cannot fully comply with within the time schedule set by the State Water Control Board; and WHEREAS, the City is desirous of resolving the matters in controversy directly with the State Water Control Board and members of its Staff rather than resorting to legal proceedings, however, in order to preserve the legal rights of 38. the City, the City Attorney has, within the prescribed statutory time, filed a Notice of Appeal in the Circuit Court of the City of Roanoke, praying review of the decision and orders of the State Water Control Board made and contained in said Special Order. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council does express its desire to seek modification of the March 17, 1972 Special Order of the State Water Control Board by reviewing the matter with the State Water Control Board and its Staff. BE IT FURTHER RESOLVED that the Council concurs in the filing by the City Attorney of Notice of Appeal of the Special Order of the State Water Control Board dated March 17, 1972, issued to the City of Roanoke, in the Circuit Court of the City of Roanoke, Virginia, pending efforts of the City to resolve all such matters directly with said Board and its Staff members. TTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of April, 1972. No. 20233. A RESOLUTION approving the payment of certain funds presently appropri- ated under Department No. 7, Assessment of Real Estate, Object Code 231, Education, in the 1971-1972 Appropriation Ordinance, and to be similarly appropriated in the 1972-1973 Appropriation Ordinance. WHEREAS, the City's Real Estate Assessor has advised the Council that, in his pursuit of Bachelor of Arts degree in Land Planning from the University of Northern Colorado, he plans to attend certain seminars using accumulated annual leave under a fellowship granted by the United States government's Department of Housing and Urban Development, and that he desires to use certain funds presently appropriated under Department No. 7, Assessment of Real Estate, Object Code 231, Education, in the 1971-1972 Appropriation Ordinance, and to be similarly appropri- ated in the 1972-1973 Appropriation Ordinance, for payment of expenses for room and board incurred in attendance of such seminars,in which request the Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council doth hereby approve the payment of certain funds presently appropriated under Department No. 7, Assessment of Real Estate, Object Code 231, Education, in 390 the 1971-1972 Appropriation Ordinance, and to be similarly appropriated in the 1972-1973 Appropriation Ordinance, for use by the City's Real Estate Assessor for room and board expenses to be incurred in attending certain seminars for credit toward a degree from the University of Northern Colorado. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of April, 1972. No. 20234. AN ORDINANCE amending Ordinance No. 19752, heretofore adopted on June 28 1971, fixing the annual compensation of certain unclassified officials and employ- ees of the City, by fixing the rate of annual compensation provided for the City's assistant city manager; providing for the effective date of this ordinance; and providing for an emergency. WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon the date hereinafter set forth. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Ordinance No. 19752, heretofore adopted on the 28th day of June, 1971, fixing the annual compensation of certain unclassified officials and employees of the City be, and the same is hereby amended by deleting from the schedule of names, posi- tions and compensation therein set out the following, viz: Byron E. Haner, Assistant City Manager $18,396.00 BE IT FURTHER ORDAINED that aforesaid Ordinance No. 19752, adopted June 28, 1971, be further amended by the addition to the schedule of names, positions and compensation therein set out the following, viz: William F. Clark, Assistant City Manager $18,000.00 BE IT FINALLY ORDAINED that, an emergency existing, the provisions of this ordinance shall be in force and effect on and after May 1, 1972, through June 30, 1973. A TTE ST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of May, 1972. No. 20226. AN ORDINANCE authorizing the City's quitclaim and conveyance of certain right, title and interest in and to a parcel of land heretofore comprising the right of way of a portion of Stephenson Avenue, S. W., vacated, discontinued and closed as a public street by Ordinance No. 19468, adopted January 18, 1971. WHEREAS, Antrim Motors, Inc., has offered to purchase from the City for a consideration of $50 00, cash, a certain parcel of land formerly comprising the right of way of a portion of Stephenson Avenue, S. W., which part of Stephenson Avenue was heretofore closed, vacated, and discontinued as a public street by Ordinance No. 19468, of the Council, adopted January 18, 1971, which offer was referred by the Council to its Real Estate Committee for consideration and recom- mendation back to the Council; and WHEREAS, said committee, in written report to the Council dated April 24, 1972, has advised the Council that said parcel of land is no longer needed by the City as a public street, although certain existing sewer lines, water lines and drains and lines, wires and facilities of public utility companies must con- tinue to be maintained on, through or under said land but that the City, reserving all such rights for existing and future public facilities and utilities, should offer and agree to release, quitclaim and convey to Antrim Motors, Inc., for the consideration offered, all other of the City's right, title and interest in said parcel of land; in which recommendation the Council concurs. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that, upon payment to the City of the sum of $50.00, cash, the Mayor and the City Clerk be and are hereby authorized and directed to execute, seal and attest, respectively, the City's deed of release, quitclaim and conveyance of all of the City's right, title and interest, except as hereinafter directed to be reserved, in and to that certain parcel of land formerly comprising the right of way of a portion of Stephenson Avenue, S. W., which is bounded on the south by the norfl~ line of New Street, S. W., and on the west by the established southeasterly line of Franklin Road, (now 80 feet wide), and is bounded on the southwest by the former southeasterly line of that portion of Stephenson Avenue, vacated and closed by Ordinance No. 19468 of City Council, there to be expressly reserved by the City, however, a per- petual easement in said parcel of land for the right and privilege of constructing, operating, maintaining, replacing or relaying public water lines, sanitary sewer lines, storm drains and lines, and necessary public gas, electric and telephone utilities and facilities; such deed of release, quitclaim and conveyance to be upon such form as is approved by the City Attorney and which said deed may contain a metes and bounds description of the property hereinabove generally described. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of May, 1972. No. 20227. AN ORDINANCE relating to the sale at public auction of certain lots and parcels of land owned by the City but not needed for any public purpose or use; authorizing the employment of the services of an auctioneer for the aforesaid pur- pose; directing that such sales made at auction be absolute and not subject to confirmation of price by later action of the Council; and increasin9 to 111 the number of properties heretofore directed to be sold at Public auction by Resolutio No. 19887. WHEREAS, Council's Real Estate Committee, in further report made to the Council dated April 24, 1972, has recommended that the City Manager be permitted to engage the services of the auctioneer hereinafter named to promote and conduct the sale at public auction of the properties hereinafter referred to; has recommended, further, that the sales so made at public auction be absolute and not subject to confirmation of price by the Council; and that six certain properties, additional to the 105 certain properties referred to and generally described in said commit- tee's report to the Council dated September 27, 1971, and in Resolution No. 19887, adopted on the same date, be so sold, in all which recommendations the Council concurs. lOWS, viz: THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as fol- 1. That the City of Roanoke do proceed to sell at public auction, to highest bidder for cash, at absolute sale at said auction and not subject to con- firmation of purchase price by the Council, those certain 105 properties or parcel of land referred to and described in said committee's report made to the Council dated September 27, 1971, and in Resolution No. 19887 of Council, of the same date and, also, in addition thereto those certain six properties or parcels of land described or referred to in said committee's report to the Council dated April 24, 1972, in all, a total of Ill such properties or parcels, all such sales to be offered with the City's Special Warranty of Title thereto and to be made subject to provisions of a general nature applicable to zonin9, building and use of Said properties. 2. That the City Manager be and he is hereby authorized and empowered to engage the services of Hylton Howell Real Estate & Auction Company to promote and conduct the auction sale of said properties, said auctioneer to be compensated by the City in a sum equal to ten per cent (10%) of the aggregate cash amount received by the City at said auctiOn sale for said properties, said auctioneer to provide and distribute informative brochures of the sale and to effect advertise- ment thereof in two editions of a local newspaper; the City, however, to provide at said City's expense such legal advertisement of sale as may be determined by the City Attorney; such employment to be, generally, upon the terms and provisions outlined in letter of said auctioneer dated October 20, 1971, addressed to the Real Estate Agent for the City of Roanoke; and ATTEST: 3. That the Real Estate Committee be authorized and empowered to fix the date and place of the aforesaid auction sale and to make such other arrange- ments and provisions as are incidental thereto and deemed by the committee to be necessary. BE IT FURTHER ORDAINED that, upon effectin9 sale of the properties here- in authorized to be sold, or any of them, and upon certification in writing of such facts to the City Clerk and payment to the City of the high bids made at said auction sale, the Mayor and the City Clerk shall be, and each are hereby expressly authorized and empowered to sign, seal and attest, respectively, such deeds of conveyance to the successful bidders at said auction sale as are prepared and approved as to form by the City Attorney. APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of May, 1972. No. 20242. A RESOLUTION proposing payment of certain trust income from the Lillie May Cocke trust into the City's General Fund, and transfer of corpus of the trust to the Clerk of the Hustings Court of the City of Roanoke. WHEREAS, one Lillie May Cocke, deceased, whose will was admitted to pro- bate in the Hustings Court of the City of Roanoke on January 6, 1927, left to the City $400.00, cash, in trust, the income from which was provided to be used for the care and upkeep of her parent's burial lot in the City Cemetery, on Tazewell Avenue, S. E., in the City; and WHEREAS, the City of Roanoke accepted the said sum of $400.00 from testatrix's executor at some time in the year 1929, and the then Treasurer of the City of Roanoke deposited said sum on savings deposit in the First National Ex- change Bank in said City, and has kept said sum, together with all of the interest and income earned on and by said sum, on deposit in the name of Lillie May Cocke Trust, in said bank, so that on this date said principal sum with interest amounts to approximately $1,154.26. WHEREAS, the said City Cemetery, where the remains of the testatrix's parents are buried, is a public cemetery and is and always has been, and will continue to be owned, operated, and maintained by the City; and WHEREAS, no part of the income from said trust has ever been used for the purpose prescribed in said will, but, instead, has been allowed to accumulate in the fund on deposit, although the proportionate expense of said City of main- raining said lot in said cemetery has doubtless equalled or exceeded the income earned annually on the trust; and WHEREAS, the City does not maintain a separate account for the care of the City Cemetery, nor for the care and upkeep of the numerous individ'ual places of burial therein although the City has heretofore provided and will continued to pro- vide reasonable care and upkeep of said Cemetery and of all the places of burial therein, it has been recommended by the City Treasurer and by the City Auditor that the said City Treasurer be allowed by order of the Hustings C. ourt of the City of Roanoke to transfer and pay into the General Fund of the City of Roanoke the sum of $754.26 as the accumulated income on the principal of the trust and that the principal trust sum of $400.00 be allowed to be paid into said Hustings Court to be held by the Clerk of said Court, invested, and that the annual income from said principal sum be paid by said clerk, annually, to the City of Roanoke for deposit in said City's General Fund, from which fund annual appropriations are made by the City Council to pay the expense of the care and upkeep of the City Cemetery and other public places and properties of the City; in which recommendation the Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Attorney be and he is hereby directed to petition the Hustings Court of the City of Roanoke for and on behalf of the City of Roanoke and J. H. Johnson, Treasurer of the City of Roanoke, for entry of an order directing J. H. Johnson, Treasurer of the City of Roanoke, to pay over and into the City of Roanoke's Gen- eral Fund, all of the accumulated income, understood to amount to approximately $754.26, now held by said Treasurer on savings deposit at the First National Ex- change Bank in the Lillie May Cocke Trust fund; that the Court further direct said Treasurer to deliver and pay over the principal trust sum of $400.00 in said Lillie~ Cocke Trust fund to the Clerk of said Court, with direction that said Clerk hol~ May and invest said sum and, thereafter and so long as the City of Roanoke shall exer- cise general care and maintenance of the City Cemetery on Tazewell Avenue, S. E., in said City, and shall annually appropriate funds from the General Fund of said City for that and other similar purposes, to pay the income of said sum annually to the Treasurer of the City of Roanoke, to be deposited in said City's General Fund; and relieving the City of Roanoke and J. H. Johnson, Treasurer of the City of Roanoke, and his successors in office of further responsibility with respect to the aforesaid trust created by the will of Lillie May Cocke, deceased, probated as aforesaid. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of May, 1972. No. 20235. AN ORDINANCE to amend and reordain Section =23, "Sheriff," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE,~ BE IT ORDAINED by the Council of the City of Roanoke that Section =23, "Sheriff," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SHERIFF ~23 Travel Expense (1) (2) ................ $1,380.00 (1) Net increase .............. $1,200.00 (2) To be reimbursed to the City of Roanoke by L. E. A. A. funds. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of May, 1972. No. 20236. A RESOLUTION approving a certain amendment, being Amendment No. 1, to the Redevelopment Plan for the Kimball Redevelopment Project, Project No. VA. R-46 located in the northeast section of the City of Roanoke, Virginia. WHEREAS, the Council of the City of Roanoke, Virginia by Resolution No. 18344 adopted on the 7th day of October, 1968 approved the Redevelopment Plan for the Kimball Redevelopment Project, Project No. VA. R-46, located in the northeast section of the City of Roanoke, Virginia, a copy of which said Redevelopment Plan was directed by said resolution to be filed by the City Clerk with the minutes df said meeting of Council; and WHEREAS, said plan, as approved and filed, in the metes and bounds description of the area included in the project and on maps designating the boun- dary of the project, prescribed as a portion of said boundary a line extending from the westerly line of 4th Street, N. E. "thence westerly along the centerline of Gilmer Avenue, N. E., said west side being the west end of a cul-de-sac;" (which said cul-de-sac is the westerly terminus of Gilmer Avenue at the right-of- way of Interstate Spur 581); and 392 WHEREAS, it appears that the Kimball Project boundary should be adjusted so as to include within the project, area the total right-of-way of Gilmer Avenue, N. E., between 4th Street, N. E. and Interstate Spur 581, and that the adjusted boundary line should extend from the westerly line of 4th Street at its intersec- tion with the south line of Gilmer Avenue, N. E. thence, westerly, along the south- erly line of Gilmer Avenue, N. E. to and, thence, along the southerly line of said cul-de-sac and the north property line of Robert E. Myers property to the right- of-way line of Interstate Spur 581, and that said Kimball Redevelopment Project plans should be so modified, by and in the form of Amendment No. 1 thereto, for the following reasons and to accomplish the following purposes: (1) To eliminate extreme grades that now exist on Gilmer Avenue, N. E., and its intersection with Fourth Street, N. E., (Project Street No. 3) relative to the intersection of Wells Avenue, N. E., and Fourth Street, N. E. (2) To improve ingress and egress to Kimball Land Disposal Parcel No. 7 (Former Gilmer School Site) and thereby enhancing its value. (3) To retain Gilmer Avenue, N. E., as a public street in order to pro- vide necessary ingress and egress to the twenty-four (24) hour restaurant serving the Travelodge Motel; and WHEREAS, the City of Roanoke Redevelopment and Housing Authority did approve said Amendment No. 1 by resolution adopted on the 24th day of January, 1972 and thereby recommended to the City Council that the Kimball Redevelopment Project be amended as hereinafter set forth; and WHEREAS, said proposed Amendment No. 1 has been duly considered by Coun- cil, which has determined that said amendment is in the public interest. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Roanoke that Amendment No. 1 to the Redevelopment Plan for the Kimball Redevelopment Pro- ject, Project VA. R-46, is hereby APPROVED; that all of Gilmer Avenue, N. E., (50 feet wide), extending westerly from 4th Street, N. E., to Interstate Spur 581, including the southerly one-half of said Gilmer Avenue, be included within the boundary of Project VA. R-46; and that the southerly boundary line of said project extending westerly from 4th Street, N. E., be changed as shown on Amendment No. 1, aforesaid, so as to extend from the westerly line of 4th Street, N. E., at its intersection with the southerly line of Gilmer Avenue, N. E., in a westerly direc- tion along the southerly line of Gilmer Avenue to and, thence, with the southerly line of a certain cul-de-sac and the northerly line of Robert E. Myers property to the easterly right-of-way line of Interstate Spur Route 581. BE IT FURTHER RESOLVED THAT, the revised plan entitled "Redevelopment Plan Kimball Redevelopment Project VA. R-46 October 1, 1968, revised December 1, 1971," reflecting said Amendment No. 1, having been duly reviewed and considered ATTEST: is hereby APPROVED, and the City Clerk be and is hereby directed to file said re- vised copy of the Redevelopment Plan with the minutes of this meeting. APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of May, 1972. No. 20237. AN ORDINANCE to amend and reordain Section ~48, "Department of Buildings," of the 1971-72 Appropriation Ordinance, and providing for an emergency' WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~48, "Department of Buildings," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: DEPARTMENT OF BUILDINGS ~48 Printing and Office Supplies (1) ........ $1,000.00 (1) Net increase $100.00 BE IT FURTHER ORDAINED that, an emergency exist, lng, this Ordinance shall be in effect from its passage. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of May, 1972. No. 20238. AN ORDINANCE to amend and reordain Section =39, "City Home," of the 1971- 72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. 39'4 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~39, "City Home," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CITY HOME ~39 Operating Supplies and Materials (1) ........ $3,000.00 Other Equipment- New (2) ................... 400.00 (1) Net decrease ....... $400.00 (2) Net increase 400.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of May, 1972. No. 20240. AN ORDINANCE to amend and reordain Section ~320, "Water-General Expense,' 1971-72 Water Fund Appropriation Ordinance, and providing for an emergency. of the WHEREAS, for the usual daily operation of the Municipal Government of th~ City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~320, "Water-General Expense," of the 1971-72 Water Fund Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: WATER-GENERAL EXPENSE =320 Fees for Professional and Special Services (1) ................ $8,060.00 (1) Net increase .... $3,060.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED Deputy City Clerk Mayor 39E IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of May, 1972. No. 20241. AN ORDINANCE to amend and reordain Section =4, "City Attorney," of the 1971-72 Appropriation Ordinance, and providin9 for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec- tion ~4, "City Attorney," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CITY ATTORNEY ~4 Dues, Memberships and Subscriptions (1) ..................... $ 600.00 Printin9 and Office Supplies (2) .......................... $1,900.00 (1) Net increase $100.00 (2) Net increase ................. 500.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of May, 1972. No. 20243. A RESOLUTION authorizin9 and directin9 the City's participation with City of Roanoke Redevelopment and Housin9 Authority in payment of certain movin9 expense incurred by certain former business occupants of properties in the Downtown East Redevelopment Project, Project VA. R-42. WHEREAS, the City of Roanoke Redevelopment and Housin9 Authority has re- ported to the Council that the actual movin9 and relocation expenses of two (2) of the former occupants of business properties in the Downtown East Redevelopment Project have exceeded the sum of $25,000.00 in each such instance, the a99regate amount of such excess cost amountin9 to the sum of $20,669.75; and WHEREAS, while said Authority has reimbursed each of the aforesaid businef concerns $25,000.00, each, towards payment of the cost of moving and relocating 396 their said businesses, the Authority has reported to the Council that said Authorit is not authorized under existing law to pay to any single business dislocated from said redevelopment project more than $25,000.00 towards reimbursement of its actual cost of moving and relocating unless the City participate, in each instance, by payment to the Authority, in cash of one-third (1/3) of the amount by which, in each instance, the actual cost of moving and relocating exceeds the sum of $25,000.00, the Authority thereupon being authorized to pay the remaining two-thi~: (2/3) of such actual costs; and WHEREAS, it appears to the Council that if the City agree to so partici- pate, each of said former business occupants in the area of said Project will there upon be wholly reimbursed their actual costs of moving and relocating to premises outside the area of said Project; and WHEREAS, the Council is advised that such payment, if authorized by the Council, is a lawful expenditure of public funds, and is further advised that there is presently unexpended in the City's Capital Fund appropriated for the Downtown East Redevelopment Project sums sufficient from which said payment may be made. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said City do participate with the City of Roanoke Redevelopment and Housing Authority in payment to Advance Stores Company, Inc., of the sum of $11,455.00 and to Roanoke Engraving Company the sum of $9,214.75, which said sums, in each instance, repre- sent the actual cost to each said business concern of moving and relocation expen- ses incurred by reason of dislocation from the area of the Downtown East Redevelop- ment Project, Project VA. R-42. BE IT FURTHER RESOLVED that, for the aforesaid purpose, the City Auditor be and he is hereby authorized and directed to issue the City's check in the sum of $6,889.91 made payable to the City of Roanoke Redevelopment and Housing Authori- ty, which said sum equals one-third (1/3) of $20,669.75, the aggregate amount by which the actual costs to said Advance Stores Company, Inc., and Roanoke Engraving Company exceeded, in each instance, the sum of $25,000.00; it being understood that the sum of $6,889.91, so paid by the City shall not constitute a local grant-in-aid to said urban renewal project or any portion of the local share of the cost of said project. A TTE ST:V ~~ APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of May, 1972. No. 20244. AN ORDINANCE to amend and reordain Section =19, "Juvenile $ Domestic Relations Court," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of th City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~19, "Juvenile & Domestic Relations Court," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: JUVENILE ~ DOMESTIC RELATIONS COURT ~19 Other Equipment (1) .................. $650.00 (1) Net increase ................ $650.00 BE IT FURTHER OROAINED that, an emergency existing, this Ordinance shall be in effect from its passage. A TTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of May, 1972. No. 20247. AN ORDINANCE to amend and reordain Section a2, "Clerk," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section a2, "Clerk," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CLERK ~2 Printing and Office Supplies (1) ............ $7,100.00 (1) Net increase ---$900.00 398 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of May, 1972. No. 20248. AN ORDINANCE to amend and reordain Section =26, "Jail," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of 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, "Jail," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: JAIL ~26 Food Supplies (1) (2) .................... $45,000.00 (1) Reimbursed by Commonwealth of Virginia on basis of cost per prisoner day (2) Net increase $6,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of May, 1972. No. 20249. AN ORDINANCE to amend and reordain Section =45, "Police Department," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec- tion ~45, "Police Department," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: 39 POLICE DEPARTMENT ~45 Court Attendance (1) .................. $15,500.00 (1) Net increase ............... $4,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of May, 1972. No. 20250. AN ORDINANCE to amend and reordain Section ~45, "Police Department," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual dlily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~45, "Police Department," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: POLICE DEPARTMENT ~45 Funeral Escorts (1) ....................... $5,500.00 Fees for Professional and Special Services (2) ............................ 7,000.00 (1) Net decrease .... $1,000.00 (2) Net increase 1,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: ~~ Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of May, 1972. No. 20251. AN ORDINANCE to amend and reordain Section ~47, "Fire Department," of the 1971-72 Appropriation Ordinance, and providing for an emergency. 400 WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~47, "Fire Department," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: FIRE DEPARTMENT ~47 Personal Services (1) (2) .................. $1,598,17 O0 Maintenance of Machinery and Equipment (3) ............................ 9,000 O0 (1) Net decrease $1,000.00 (2) Overtime 4,000.00 (3) Net increase 1,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of May, 1972. No. 20252. AN ORDINANCE to amend and reordain Section =3, "City Manager," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec- tion =3, "City Manager," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CITY MANAGER ~3 Printing and Office Supplies (1) ............. $2,975.00 Dues, Memberships and Subscriptions (2) ...... 525.00 Education (3) ................................ 5.00 Travel (4) ................................... 1,745.00 (1) Net decrease (2) Net increase (3) Net decrease (4) Net increase -$ 25.00 - 25.00 145.00 -145.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. A TTE ST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of May, 1972. No. 20253. AN ORDINANCE to amend and reordain Section ~75, "Recreation, Parks and Recreational Areas," of the 1971-72 Appropriation Ordinance, and providin9 for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec- tion =75, "Recreation, Parks and Recreational Areas," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: RECREATION, PARKS AND RECREATIONAL AREAS =75 Operating Supplies and Materials (1) ........................ $29,395.00 (1) Net increase ...... $4,160.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of May, 1972. No. 20254. AN ORDINANCE to amend and reordain Section ~77, "Civic Center," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec- tion ~77, "Civic Center," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CIVIC CENTER =77 Maintenance of Buildings and Property (1) ......................... $2,500.00 Maintenance of Machinery and Equipment (2) ........................ 5,500.00 402 (1) Net decrease- $2,500.00 (2) Net increase ........ 2,500.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. A TTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of May, 1972. No. 20255. AN ORDINANCE to amend and reordain Section ~89, "Transfers to Capital Im- provements Fund," of the 1971-72 Appropriation Ordinance, and providing for an emer- gency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec- tion ~89, "Transfers to Capital Improvements Fund," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TRANSFERS TO CAPITAL IMPROVEMENTS FUND =89 CIP 62-16 Civic Center ................... $18,515.68 - 100,05 $18,415.63 *Rock excavation in the caisson construction BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. A TTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of May, 1972. No. 20256. A RESOLUTION approving the City Manager's issuance of Change Orders No. 8 and 11 in connection with the City's contract for the construction of the Roanoke Civic Center. WHEREAS, the City Manager, in report to the Council dated May 8, 1972, has recommended that the Council approve the issuance of change orders to the City's contract with Nello L. Teer Company for construction of the Roanoke Civic Center, so as to provide for a credit to the City of the sum of $100.05, representing the diff- erence in the contract allowance and the actual cost of a dedication plaque, and so as to provide for payment for variations in the quantities and aggregate lengths of test holes, rock removal from caisson shafts and caisson construction, the City Manager advising that funds have been or are being contemporaneously appropriated to said project sufficient to defray the cost of the last-mentioned caisson construc tion; and WHEREAS, the Council is of opinion that the changes proposed are desirab~ and, accordingly, concurs in said proposals. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized and empowered to issue, for and on be- half of the City, Change Orders No. 8 and 11; No. 8 to be dated March 2, 1971, and No. 11 to be dated May 9, 1972, to the City's contract with Nello L. Teer Company for construction of the Roanoke Civic Center, said change orders to be substantially in the following words and figures, viz: Chanqe Order No, 8. Paragraph iOA.09 of the Contract Documents established an allowance of $2,800.00 for signs and plaque for the project. The actual total low sub-bid for this work, which is to be done in accordance with drawings and specifications dated December 28, 1970 and prepared by Associated Architects ~ Engineers of Roanoke, is $2,699.95. The Owner shall receive a credit of $100.05, which is the difference between the allowance and the actual sub-bid price. Change Order No. 11. Section 2B of the Contract Documents, Concrete Caissons, Paragraphs 2B.12, Basis of Bids, 2B.13, Unit Prices, 2B.14, Basis of Payment, and 2B.15, Records, set forth certain allowances, procedures, methods of computations, and records to be used in computing the final cost of the caisson work for variations in the quantities used for bidding for the aggregate lengths of caissons of each size, the aggregate length of test holes, and the actual quantity of rock removed from caisson shafts. The attached Final Tabulation of Caisson Work, dated April 21, 1969, Revised May 13, 1969, is a summary of the variations in quantities and cost of this work computed in accordance with the terms of the Contract Documents, and includes the amount of $52,000 authorized by Change Order No. 2. The Final Tabulation of Caisson Work shows a balance of $18,515.86 owned the Contractor for this work. such changes to be accomplished for an additional cost of $18,515.86 to be paid by the City to said contractor, but without effect on other work provided for in said contract as a result of such changes. APPROVED A TTE ST: ~~ Deputy City Clerk Mayor 404 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The Otb day of May, 1972. No. 20257. A RESOLUTION recommending and urging the initiation by the Department of Highways of a project to provide for the widening and improvement by construction of additional traffic lanes and of coordinated traffic control signal devices for 24th Street, N. lq., from the north line of the 24th Street Tunnel (Shaffer's Cross- ing) to the intersection of Melrose Avenue, N. Iq., and thence, on Melrose Avenue, N. W., to the intersection of Lafayette Boulevard, N. Iq., in the City of Roanoke; setting out the need therefor; and committing the City to pay its proportionate par of the cost of such improvements. [qHEREAS, there exists a need to provide for the widening and improvement, by the construction of additional traffic lanes and of a system of traffic control signal devices for the purpose of better controlling vehicular traffic on 24th Street, N. Iq., from the north line of the 24th Street Tunnel (Shaffer's Crossing) to the intersection of Melrose Avenue, N. Iq., and thence, on Melrose Avenue, N. ~., to the intersection of Lafayette Boulevard, N. W. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this resolution supersedes Resolution No. 20221 and that the City Manager be, and he is hereby directed to request the Department of Highways of the Commonwealth of Virgin ia to initiate and program a project and to proceed with necessary surveys and pre- paration of plans for providing for the widening and improvement by construction of additional traffic lanes and for a system of traffic control signal devices on 24th Street, N. ~., from the north line of the 24th Street Tunnel (Shaffer's Cross- ing) to the intersection of Melrose Avenue, N. ~., and thence, on Melrose Avenue, N. W., to the intersection of Lafayette Boulevard, N. ~., including improvement of the intersections of Salem Turnpike, 22nd Street, N. W., and Loudon Avenue, N. W., such improvements to be accomplished by project in which the State and TOPICS would bear 85% and the City would bear 15% of the total cost of such improvements. BE IT FURTHER RESOLVED that the City Manager be, and he is hereby author- ized to execute, on behalf of the City, all requisite applications to the Virginia Department of Highways for the accomplishment of the aforesaid improvements and, further, to extend the City's assurance that said City will, upon the ordering of such improvements, commit itself to pay 15% of the total cost thereof out of funds provided in the City's Capital Improvement Project Account for such purposes; and the City's assurance that, should the Council decide, at a later date, to abandon o~ discontinue said project, the City will, in that event only, agree to pay 100% of the then accrued costs of the project. APPROVED ATTEST: Deputy City Clerk Mayor 40[ IN THE COUNCIL OF THE CITY OF ROANOKE,VIRGINIA, The 8th day of May, 1972. No. 20258. ATTEST: Deputy City Clerk A RESOLUTION recommending and urging the Virginia Department of Highways to proceed with the development of necessary preliminary plans and studies for the construction of a new bridge on South Jefferson Street over the Roanoke River, in the City of Roanoke; setting out the need therefor; and committing the City to pay its proportionate part of the cost of such improvement. WHEREAS, there exists a need to provide for a new bridge on South Jeffer- son Street over the Roanoke River so as to provide for the orderly flow of increased traffic on said street. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this resolution supersedes Resolution No. 20220 and that the City Manager be, and he is hereby directed to request the Department of Highways of the Commonwealth of Virgin- ia to initiate and program a project and to proceed with necessary preliminary sur- veys and preparation of plans for providing for the construction of a new bridge on South Jefferson Street over the Roanoke River; such preliminary investigation to in- clude consideration of enlargement of said new bridge to extend over the Norfolk ~ Western Railway Company's right-of-way crossing said street, such improvement to be accomplished by project in which the State and TOPICS would bear 85% and the City would bear 15% of the total cost of such improvement. BE IT FURTHER RESOLVED that the City Manager be, and he is hereby, author- ized to execute, on behalf of the City, all requisite applications to the Virginia Oepartment of Highways for the accomplishment of the aforesaid improvement and, further, to extend the City's assurance that said City will, upon the ordering of such improvement, commit itself to pay 15% of the total cost thereof out of funds provided in the City's Capital Improvement Project Account for such purposes; and the City's further assurance that, should the Council decide at a later date, to abandon or discontinue said project, the City will, in that event only, agree to pay 100% of the then accrued costs of the project. APPROVED ~Iayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of May, 1972. No. 20259. AN ORDINANCE authorizing the employment of the professional services of certain consulting engineers to provide all necessary engineering and architectural services and drawings and specifications for and providing supervision and inspec- tion of and performing other related services in connection with the construction of improvements to and renovation of the City's building on the west side of 3rd Street, S. W., south of Campbell Avenue, upon certain terms and provisions; and pro- viding for an emergency. WHEREAS, the Council desires that the City's building situate on the west side of 3rd Street, S. ~., immediately south of Campbell Avenue, S. W., be renovat- ed, altered and improved so that it may hereafter be used as a courtroom and office spaces for the Juvenile and Domestic Relations Court of the City and as a headquar- ters for the City's Department of Police, and the Council, having appropriated fund~ estimated as sufficient for the purposes of the agreement herein authorized to be entered into, desires to proceed forthwith in preparation of necessary plans, draw- ings and specifications for said renovations and improvements and in the constructio of said new facilities; and WHEREAS, consulting engineers of Roanoke, Virginia, have offered to agree to provide the professional engineering and architectural services, supervision and inspection and related services necessary to be rendered in and about provision of said improvements, and have tendered to the City their offer in writing to perform all such services, said offer being in the form of a written form of proposed agree- ment made under date of March 3, 1972, on standard form OE.1, Copyright 1969, with certain modifications therein noted, the original copy whereof is on file in the Office of the City Clerk; and WHEREAS, the Council, upon consideration of all such matters, deems it to the best interest of the City to engage the services of said consulting engineers upon the terms herein provided and as to be set out in said tendered agreement; and WHEREAS, for the usual daily operation of the municipal government, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the firm of Sowers, Rodes ~ Whitescarver, Consulting Engineers, of Roanoke, be, and is hereby employed as engineers to perform all necessary professional engineering and architectural services and to prepare all necessary plans, drawings and specifica- tions for electrical, mechanical, heating, airconditioning and plumbing systems and for exterior and interior structural work, and the necessary bidding information an¢ 40'7 A TTE ST: contract conditions, and to assist in the drafting of proposal and contract forms, and to perform all other related professional services in connection with the City's renovation and improvements of and to its building situate on the west side of 3rd Street, S. W., immediately south of Campbell Avenue, so that said building may be used as a courtroom and for office spaces for the City's Juvenile and Domestic Re- lations Court and for the headquarters of the City's Department of Police, said firm to be paid for its services a fee of 7 ~% of the construction costs as defined in Article 7 of the contract, less $3000.00 previously paid said engineers for pre- Uminary drawings and cost estimates, 40% of the estimate of such remaining fee to be paid when the contract documents are estimated to be 50% completed, 35% of such fee to be paid upon completion of the contract documents, and the remaining 25% of such fee to be paid monthly in proportion to the construction progress, with additio al authorized services performed by said engineers to be compensated at the rate of 2.5 times said engineers' direct personnel costs and the printing cost of the com- pleted contract documents to be paid by the City. BE IT FURTHER ORDAINED that the form of agreement proposed by said enginee dated March 31, 1972, on file in the Office of the City Clerk, as aforesaid, is hereby generally approved provided, however, there be added to said agreement expres provision that the City be provided by the aforesaid engineers, upon completion of the project, one set of reproducible "as built" drawings and one bound set of all shop drawings and catalog cuts approved for the contractor for the renovation work, the contract, otherwise, to be on such form as is approved by the City Attorney. BE IT FURTHER ORDAINED that the City Manager be, and is hereby authorized and directed, for and on behalf of the City, to execute the original and two (2) copies of the aforesaid written agreement above referred to, the original of which shall be kept on file in the Office of the City Clerk, the form of said written agreement having first been approved by the City Attorney. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage. APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of May, 1972. No. 20260. AN ORDINANCE authorizing and providing for the acquisition of a triangular shaped parcel of land, approximately 680.70 feet in length situate on the southerly 4O8 side of Salem Turnpike, N. W., adjacent to its intersection with Westwood Boulevard N. W., upon certain terms and conditions, for street purposes; expressing to the City's donor of said land official appreciation of such act; and providing for an emergency. WHEREAS, in order to improve sight conditions on Salem Turnpike, N. W., it is necessary to acquire the land hereinafter described, and the Council is ad- vised that the Most Reverend John J. Russell, Bishop of the Roman Catholic Diocese of Richmond, owner of the land abutting said street, has offered to donate, grant and convey to the City a triangular shaped parcel of land, approximately 680.70 fee' in length situate on the southerly side of Salem Turnpike, N. W., adjacent to its intersection with Westwood Boulevard, N. W., for a nominal consideration of $10.00, cash; and WHEREAS, for the usual daily operation of the municipal government an emergency is declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that said City doth hereby accept the offer of the Most Reverend John J. Russell, Bishop of the Roman Catholic Diocese of Richmond, to donate, grant and convey to the City in fee simple that certain triangular shaped parcel of land, approximately 680.70 feet in length, situate on the southerly side of Salem Turnpike, N. W., adjacent to its intersection with Westwood Boulevard, N. W., and containing 15,246 square feet, more or less, for a nominal consideration of $10.00, cash; and upon delivery to the City of a good and sufficient deed of conveyance conveying to the City, with General Warranty of title and Modern English covenants, the fee simple title to said parcel of land, approved as to form and execution by the City Attorney, the same shall be recorded in the Clerk's Office of the Hustings Court of the City of Roanoke. BE IT FURTHER ORDAINED that, the Council hereby expresses to the Most Reverend John J. Russell official appreciation of the willingness of the City's aforesaid donor in making available for the public's use, the aforesaid parcel of land; and the City Clerk is directed to transmit to said donor an attested copy of this ordinance. BE IT FURTHER ORDAINED that, an emergency existing this ordinance be in force and effect upon its passage. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of May, 1972. No. 20239. AN ORDINANCE accepting the offer of C. B. Harris for the purchase of certain timber standing on and near the Beaver Dam and Falling Creek Watersheds; and rejecting certain other bids. WHEREAS, the City Purchasing Agent, pursuant to the Advertisement for Bids heretofore published, did, at 11:00 A. M. on the llth day of April, 1972, receive bids for the sale, for cash, of certain timber growing on Tracts 1 and 2, situate on or near the City's Beaver Dam and Falling Creek Watersheds in Bedford County, Virginia; at which time four sealed bids in writing were received; and WHEREAS, a committee named by the Council to receive, open and review bids, together with the City Manager, have recommended that the high bid of C. B. Harris be accepted; and WHEREAS, in the judgment of this Council, the bid of C. B. Harris for the aforesaid timber is the highest and best bid made to the City, and should be accepted. lows: THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as fol- 1. That the City Manager be, and he is hereby directed to accept, for and on behalf of the City, the offer of C. B. Harris of $15,300.00, cash, for the purchase of designated trees growing on or near the City's Beaver Dam and Fallin9 Creek Watersheds, in Bedford County, Virginia; 2. That the City Manager be, and he is hereby authorized and directed to execute for and on behalf of the City of Roanoke with C. B. Harris that certain Timber Sale Agreement referred to in and made a part of the City's specifications for such sale, which execution the City Clerk is hereby directed to duly attest and to affix the City's seal thereto; 3. That the City Auditor, upon execution of the Timber Sale Agreement and after payment of the $15,300.00 by C. B. Harris to the City of Roanoke, is hereby authorized and directed to pay the sum of $3,060.00, cash, to York Forestry ~ Land Co., Inc., within fifteen days, said sum bein9 20% of said bid and being then due said Company under its Timber Management Contract with the City; and 4. That the proposal of the other three (3) bidders for said purchase be, and the same are hereby REJECTED, the City Clerk to so notify said other bid- ders and to express to said bidders the City's appreciation of said bids. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of May, 1972. No. 20261. ATTEST: A RESOLUTION advising the Virginia Department of Highways that all neces- sary rights-of-way have been acquired and all necessary utility adjustments have been or are being made for the Industrial Access Road. WHEREAS, the Virginia Department of Highways, before commencing construc- tion of the Industrial Access Road, Project 9999-128-103, C-502, requests advice that the City has acquired the necessary rights-of-way for said Project and has ma or is having made the necessary utility adjustments; and WHEREAS, the City Attorney, in report to the Council dated May 8, 1972, has advised the Council that all necessary utility adjustments for the Industrial Access Road have been made or are in the process of being made, and has further advised Council by the aforesaid report dated May 8, 1972, that all necessary righ~ of-way for said new road have been acquired, and that the City and its authorized agencies, contractors and representatives have lawful right to commence constructio of said road on said right-of-way. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Virginia Department of Highways be advised that all necessary rights-of-way for the Industrial Access Road, Project 9999-128-103, C-502, have been acquired; that all necessary utility adjustments for said new road have been or are being made; and that the City and said Department of Highways and their authorized contractors and representatives have lawful right to commence construction of said new road. BE IT FURTHER RESOLVED that the City Clerk transmit an attested copy of this Resolution to Mr. C. F. Kellam, District Engineer of the Virginia Department of Highways, in Salem, Virginia. APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of May, 1972. No. 20245. AN ORDINANCE amending and reordaining the subsection entitled Special ex- ceptions after public notice and he~rig9 by the Board of Zoninq Appeals of Sec. 8. 40 . 410 C-1 office ~d isstitution, al district, and Sec. 9. C-2 general commercial district, Article IV, Chapter 4.1, of Title XV, of the Code of the City of Roanoke, 1956, as amended, relating to Zoning, providing for the operation of private day nurseries and kindergartens in C-1 districts upon certain conditions, and repealing the pro- vision of Sec. 9. permitting operation of private day nurseries and kindergartens in C-2 districts as a special exception after public notice and hearing by the Boar of Zoning Appeals. WHEREAS, the City Planning Commission on its own motion directed to the City Council, and after due consideration of the proposal has recommended to the Council, an amendment of the district zoning regulations hereinafter set out and provided; and WHEREAS, pursuant to the provisions of Sec. 70 and Sec. 71, Chapter 4.1, of Title XV of the Code of the City of Roanoke, 1956, as amended, and after due publication of written notice in a newspaper having general circulation in the City more than fifteen days prior to the holding of a public hearing on the question, a public hearing was held before the Council on the 8th day of May, 1972, in accord- ance with said notice, on the recommendations of the Planning Commission as afore- said, at which public hearing all persons in interest and citizens were afforded an opportunity to be heard on the question; and WHEREAS, upon the Council's due consideration of the recommendations of said Planning Commission, the Council is of opinion that the subsection of Sec. 9. ~-2, aeseral commer¢i~l district, Article IV, Chapter 4.1, of Title XV, relating to Zoning, of the Code of the City of Roanoke, 1956, as amended, authorizing certain special exceptions after public notice and hearing by the Board of 'Zoning Appeals and the subsection of Sec. 8. C-i, office ~d institutional district, permitting certain principal uses and structures in said district, should be amended as recom- mended by said Planning Commission as hereinafter provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follow: 1. That the subsection entitled Sp~oi~l exceptions after notice and hearina by the Board of Zonine Appeals of Sec. 9. C-2. aeneral commercial district, Article IV, Chapter 4.1, of Title XV, of the Code of the City of Roanoke, 1956, as amended, relating to Zoning, be, and said subsection is hereby amended and reordain- ed to read and provide as follows: Special exceptions after public notice and hearina by the ~oard of..zonina a~neals: 1. Multiple-family dwellings containing not less than 10 dwelling units, subject to the following minimum requirements and limitations: a. Minimum lot area 1,800 square feet per dwelling unit, with a minimum of 6,000 square feet for the first unit. 41'! b. Minimum lot width: 100 feet. c. Minimum yards: front 25 feet in depth; side 50 feet combined width, 15 feet minimum for any side yard; rear 15 feet in depth, and further provided that no yard adjacent to a street shall have a minimum width or depth of less than 25 feet. d. Minimum off-street parking space 1 per dwelling unit, plus off-street loading and delivery space, with both off-street parking and off-street loading to be provided other than in re- quired yards adjacent to streets. e. Not more than 2 identification signs, with combined surface area not exceeding 50 square feet plus not more than 2 signs with combined surface area not exceeding 4 square feet indicating vacancy or no vacancy, and signs as for RG advertising the entire property for sale, rent or lease. 2. High-rise apartments, subject to the provisions of section 24 of this chapter. 3. Drive-in eating and drinking establishments, tire recapping or retreading, if proposed to be located within 250 feet from any RS, RD, RG or C-1 district, subject to special provision required by the board. 4. Hospitals, sanitariums, rest homes, convalescent homes, homes for orphans, homes for aged, as for RS districts. 5. Cemeteries and columbariums. 6. Colleges and universities. 2. That the subsection entitled Permitted principal uses ~d structures, of Sec. 8. C-1 office and i~stitutio~al district, Article IV, Chapter 4.1, of Title XV, of the Code of the City of Roanoke,~1956, as amended, relating to Zoning, be, and said subsection is hereby amended and reordained by the addition of a new per- mitted use, to be numbered 13, and to read and provide as follows: Permitted principal uses ~nd structures: As for RG districts, and in addition: 1. Offices. a. M~dical and dental. b. Other professional, including as incidental accessory uses places for assembly and fitting of eye glasses in connec- tion with practice of persons qualified to prescribe for eye- glasses, and similar accessory uses only in connection with permitted professional office use. c. Business and nonprofit institutions. 2. Laboratories, including those connected with medical, dental and other professional offices. 3. Medical supply houses. 4. Clinics, including as incidental accessory uses ethical pharmacies in connection with medical clinics. 5. Rehabilitation centers. 6. Business, evening and vocational schools not involving operations of an industrial character. 7. Boarding and rooming houses. 8. Hospitals. 9. Sanitariums. 10. Rest homes. 11. Convalescent homes for the aged. 412 12. Funeral homes. 13. Private day nurseries and kindergartens provided that a protected area of not less than 100 square feet for each child be provided, that all outdoor activities be limited to the hours between 8:00 a.m., and 8:00 p.m., and that all such activities be conducted within the protected play area. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of May, 1972. No. 20246. AN ORDINANCE permanently vacating, discontinuing and closing that certain portion of Patton Avenue, N. E., lying between its intersection with lands of Nor- folk & Western Railway Company on the east and its intersection with the easterly line of 7th Street (Shenandoah Avenue, N. E.) on the west. WHEREAS, Roanoke Gas Company heretofore made application to the City of Roanoke, Virginia, that the portion of Pattqn Avenue, N. E., hereinafter described be permanently vacated, discontinued and closed, after having first posted a notice of the intended application as provided by law; and WHEREAS, the Council of the City of Roanoke, Virginia, on the 20th day of March, 1972, adopted Resolution No. 20165 appointing Messrs. J. Tate McBroom, Dewey H. Marshall, Harry Whiteside, Jr., Dale Poe and R. R. Quick, any three or more of whom may act, as viewers to view the aforesaid street and report in writing, pursu- ant to the provisions of Section 15.1-364 of the Code of Virginia of 1950, as amend- ed to date, whether in their opinion any, and if any, what inconvenience would re- sult from discontinuing the same; and WHEREAS, three of said viewers did visit and view the aforesaid portion of Patton Avenue, N. E., and the adjacent neighborhoods and did report in writing that in their opinion no inconvenience would result either to any individual or to the public from vacating, discontinuing and closing said portion of Patton Avenue, N. E.; and WHEREAS, this matter has been referred to the Planning Commission of the City of Roanoke, Virginia, which said Commission has approved the permanent vacatin discontinuing and closing that portion of Patton Avenue, N. E., provided that the City of Roanoke and Appalachian Power Company retain all utility easement rights located within said portion of Patton Avenue, N. E.; and WHEREAS, a public hearing on the aforesaid application to permanently va- cate, discontinue and close that portion of Patton Avenue was held, after a notice thereof was duly advertised in the Roanoke World-News advising the public of the said public hearing before this Council on Monday, May 8, 1972, at 2 p.m., on said day, at which meeting there was expressed no objection or opposition to vacating, discontinuing and closing that portion of Patton Avenue, N. E.; and WHEREAS, in the opinion of this Council, no inconvenience to the public or any owner will result if said portion of Patton Avenue, N. E., be vacated, dis- continued and closed for the purposes set forth in the aforesaid application. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia that that certain portion of Patton Avenue, N. E., located in the City of Roanoke, Virginia, shown on Sheet No. 303 of the Tax Appraisal Map of the City of Roanoke, Virginia, and more particularly described as follows, to wit: That certain portion of Patton Avenue, N. E., lying between its intersection with lands of Norfolk 6 Western Railway Company on the east and its intersection with the easterly line of 7th Street (Shenandoah Avenue, N. E.) on the west. be and the same is hereby permanently vacated, discontinued and closed and that all right, title and interest of the City of Roanoke, Virginia, and the public in and to the same be and they are hereby released insofar as the Council is empowered so to do, the City of Roanoke reserving unto itself, however, a perpetual easement for sewer lines, drains, water lines and other public utilities which may now be located in the aforesaid portion of Patton Avenue, N. E. BE IT FURTHER ORDAINED that the City Engineer be and he is hereby directe to mark "Permanently Vacated, Discontinued and Closed" said portion of Patton Ave- nue, N. E., on all maps and plats on file in the Office of the City Engineer of the City of Roanoke, Virginia, on which said portion of Patton Avenue, N. E., is shown, referring thereon to the book and page of Ordinances and Resolutions of the Council of the City of Roanoke, Virginia, wherein this Ordinance shall be spread; and the City Clerk is directed to transmit an attested copy hereof to the Clerk of the Hustings Court of the City of Roanoke for recordation in said Clerk's Office. APPROVED ATTEST: Deputy City Clerk Mayor 414 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of May, 1972. No. 20262. AN ORDINANCE to amend and reordain Section =81000, "Schools - Title 1 - P. L. 89-10, Summer 1972," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec- tion ~81000, "Schools - Title 1 - P. L. 89-10, Summer 1972," of the 1971-72 Appro- priation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS - TITLE 1 - P. L. 89-10, SUMMER 1972 =81000 Personal Services ......................... $103,431.50 Supplies ................................ Attendance Services ........................ Transportation ............................. Operations ............ ; .......... ,.,.,,, Fixed Charges .................................. Food Services ....................... Community Services .............. Capital Outlay ............................ 30,239.00 1,100.00 9,739.20 1,084.50 12,205.79 21,037,50 875.00 3,190.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of May, 1972. No. 20263. AN ORDINANCE to amend and reordain Section ~48, "Department of Buildings, of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec- tion ~48, "Department of Buildings," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: DEPARTMENT OF BUILDINGS ~48 Personal Services (1) .................. $92,554.00 Extra Help (2) ....... . .................. 600.00 (1) Net decrease- (2) Net increase- $600 .oo 600.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of May, 1972. No. 20264. AN ORDINANCE to amend and reordain Section ~77, "Civic Center," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec- tion ~77, "Civic Center," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CIVIC CENTER ~77 Insurance (1) ......................... $39,076.00 (1) Net increase -$19,076.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. A TTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of May, 1972. No. 20265. AN ORDINANCE to amend and reordain Section ~37, "Public Assistance," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec- tion ~37, "Public Assistance," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: PUBLIC ASSISTANCE =37 Child Welfare Services - Day Care (1)~,~ ........ ~ .... $ 5,200.00 Day Care - Not W.I.N. (2) ........................ 74,000.00 (1) Net decrease $2,000.00 (2) Net increase 2,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED A TTE ST: ~ Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of May, 1972. No. 20266. AN ORDINANCE to amend and reordain Section ~45, "Police Department," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of th City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec- tion ~45, "Police Department," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: POLICE DEPARTMENT =45 Advertising (1) .......................... $500.00 (1) Net increase ............. $500.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The lSth day of May, 1972. No. 20267. AN ORDINANCE to amend and reordain Section =40, "Food Distribution," of the 1971-72 Appropriation Ordinance, and providin9 for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec- tion ~40, "Food Distribution," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: FOOD DISTRIBUTION ~40 Rentals (1) .......................... $2,620'.00 (1) Net increase ..... $340100 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The i5th day of May, 1972. No. 20268. AN ORDINANCE authorizinq and providinq for lease by the City of propertie: located adjacent to the City's surplus commodities food center at 534 Salem Avenue, S.W., in the City of Roanoke, from the owners of said properties, to be used for parkinq and to facilitate the movement of vehicular traffic at the surplus commod- ities food center, upon certain terms and conditions; and providinq for an emergen- cy. WHEREAS, by lease dated December 31, 1971, the City, pursuant to the pro- visions of Ordinance No. 20012, adopted December 28, 1971, leased the buildinq and property at 534 Salem Avenue, S.W., for use as the surplus commodities food center; and WHEREAS, the City Manaqer, in report to Council dated May 15, 1972, has recommended that the City enter into lease aqreements with the owners of properties adjacent to said surplus commodities food center for use as a parkin9 area and to 418 accommodate vehicular traffic around said center, in which recommendation Council concurs; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager, be, and he is hereby authorized to enter into the following written lease agreements on behalf of the City: 1. Lease with Gibson Welding Co~, Inc., of the northerly portion of Official Nos. 1111906 and 1111907, situate to the west of 534 Salem Avenue, S. W., in the City of Roanoke, for use as a parking area in connection with the surplus commodities food center for the period commencing March 15, 1972, and terminating December 31, 1972, at a monthly rental of $125.00, providing for automatic year to year renewal of such lease if neither party exercises a reserved option to terminat said lease on December 31st of any year by giving to the other party written notice of such termination no later than October 31st of such year; no such renewal of said lease to extend, in any event, beyond December 31, 1976; 2. Lease with John T. Morgan, owner, and George M. Martin, tenant, of the northerly seventeen (17) feet of Official No. 1111908, situate to the rear of 534 Salem Avenue, S. W., in the City of Roanoke, for use in effecting the movement of vehicular traffic around the surplus commodities food center for the period commenc- ing March 15, 1972 and terminating December 31, 1972, at a monthly rental of $15.00, payable to George M. Martin, tenant, providing for automatic year to year renewal of such lease if neither party exercises a reserved option to terminate said lease on December 31st of any year by giving to the other party written notice of such termination no later than October 31st of such year; no such renewal of said lease to extend, in any event, beyond December 31, 1976; both such leases to be, other- wise, upon such form as is prepared and approved by the City Attorney. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of May, 1972. No. 20269. A RESOLUTION recommending and urging the initiation of a project to pro- vide industrial access from 9th Street, S. E., to a new division service center of Appalachian Power Company located in the Roanoke Industrial Center complex; setting out the need therefor; makin9 provision for furnishing the necessary right-of-way therefor and for the adjustment of utilities; requesting provision of a 30-foot wide pavement; and assuring the City's future maintenance of said new street. WHEREAS, the Appalachian Power Company, a public service company engaged in the generation and distribution of electrical energy, has acquired from Industri- al Development g Investment Company, owners of the Roanoke Industrial Center complex in the City, a tract of undeveloped land situate in the Roanoke Industrial Center west of 9th Street, S. E., on which site said company will construct for its pur-' poses, a public utility service center complex for servicing, building and maintain- ing electrical facilities in the Roanoke Division of said Appalachian Power Company said new facility being estimated to cost the approximate sum of $2,750,000'.00 and to be the headquarters for employment of approximately 220 persons, all of whom are employed in Virginia; and WHEREAS, the nature of the business operations of Appalachian Power Com- pany at said site will involve the use of substantial numbers of heavy motor vehicle :as well as numerous smaller vehicles, all of which are anticipated to result in traffic of some nine hundred ten vehicle trips per work day generated by such opera- tions; and; WHEREAS, existing accessways to said new site are inadequate and unsuita- ble for the type and quantity of vehicular traffic which will be occasioned by the opening of the service center facility of said company for business operations, and said company and the City propose that, in the building of such new access road, the be provided a pavement of not less than 30-foot width, with curbs and gutters on each side thereof; and WHEREAS, §33.1-221 of the 1950 Code of Virginia, as amended, provides leg- islative authority for the use of certain public funds by the State Highway Commis- sion for constructing or improving access roads to industrial sites on which manu- facturing, processing or other establishments are or will be constructed. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council, having duly considered the matter, respectfully urges and recommends to the Highway Commission of Virginia that consideration be given, that immediate stud- ies be made, and that a project be approved and initiated pursuant to the provision~ 420 of §33.1-221 of the 1950 Code of Virginia, as amended, to provide a needed industriai access from 9th Street, S. E., in the Roanoke Industrial Center complex to the 24.15 acre site of the new division service center complex of Appalachian Power Company located in the westerly portion of said industrial center, in the City, on which site is being' or is to be constructed a new public utility service center complex for servicing, building and maintaining its electrical facilities, and near which site additional commercial and industrial establishments may be or become located. BE IT FURTHER RESOLVED that this Council, in making the within request and recommendation, proposes and requests that said new access road be provided with a ~avement of not less than 30-foot width and with curbs and gutters on each side them of, and doth hereby assure and guarantee to the aforesaid Commission that the City will, if such project be approved and initiated,, provide or cause to be provided for the purpose of the project adequate rights-of-way and the adjustment of existing utilities which might be affected by said project, the cost of such rights-of-way and adjustment of utilities and the cost of six (6) feet of the 30-foot wide pave- ment and of said curbs and gutters to be paid by others than the Commonwealth; and that the City will, after construction of said new accessway, assume the proper main tenance of said new street or road. BE IT FURTHER RESOLVED that the City Manager forthwith transmit attested copies of this resolution, together with appropriate supporting data, to the members of the Highway Commission of Virginia through regular channels established for the purpose. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of May, 1972. No. 20270. AN ORDINANCE authorizing and providing for the City's acquisition of a certain perpetual easement in land needed for storm drainage and public utility pur- poses along the rear portion of property belonging to Edgar E. Crockett, and others in the City, upon certain terms and provisions,; and providing for an emergency. WHEREAS, the Board of Zoning Appeals and the City Engineer have recommend- ed to the Council that an easement in~ land, hereinafter described, is needed by the City for storm drainage and public utility purposes through certain property owned by Edgar E. Crockett, and others, and that said owners have offered and agreed, in writing, to grant and convey to the City the easement rights hereinafter described, upon the terms and provisions hereinafter contained for the nominal consideration of $1.00, cash; and WHEREAS, for the usual daily operation of the municipal government an emergency is hereby set forth and declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the proper City officials be, and they are hereby authorized and directed to acquire fo the City, by adequate deed of easement from Edgar E. Crockett and Shirley S. Crock- ett, his wife, and James P. Roberts and Ruth B. Roberts, his wife, a perpetual ease. merit for storm drainage and public utility purposes over the following described lands situate in the City of Roanoke, viz: BEGINNING at a point in the Northwest corner of Lot 5, Section 5, Map of Connistone, of record in the Roanoke County Circuit Court Clerk's Office in Map Book 1, page 368; reference to said map is hereby specifically had; thence, N. 520 O0' E. 15 feet to a point; thence, S. 380 00' E. 104 feet to a point, which point is in the Southerly property line of Lot 4, Section 5, Map of Connistone; thence, S. 520 OO' W. 15 feet to a point, which point is the Southwest'corner of Lot 4, Section 5, Map of Conni- stone; thence, along the Westerly boundary line of Lots 4 and 5, Section 5, Map of Connistone N. 38° 00' E. 104 feet to a point, which said point is the place of BEGINNING. BE IT FURTHER ORDAINED that, upon delivery to the City of a good and sufficient deed of easement granting to the City the rights hereinabove generally described, approved as to form by the City Attorney, said deed of easement shall thereafter be admitted to record in the appropriate Clerk's Office. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage. APPROVED ATTE ST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of May, 1972. No. 20271. AN ORDINANCE authorizing and directing the City Manager to enter into temporary written agreement with D. R. Allen and Son, Incorporated, authorizing sai 422 firm to continue the construction of sludge lagoons at the City's Sewage Treatment Plant upon certain terms and conditions; and providing for an emergency. WHEREAS, on March 10, 1972, the Council, by Ordinance No. 20146, accepted the bid of D. R. Allen and Son, Incorporated, to construct sludge lagoons at the City's Sewage Treatment Plant subject to approval of State and Federal agencies; ant WHEREAS, approval has not been received from all necessary regulatory agencies so that the aforesaid contract may be awarded; and WHEREAS, the City is desirous of having the contractor continue work on said project, which work was commenced on or about April 10, 1972, until such time as approval is received from all necessary regulatory agencies; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized and directed to enter into temporary written agreement with D. R. Allen and Son, Incorporated, authorizing said firm to continue, as of the date of said agreement, the construction of sludge lagoons at the City's Sewage Treatment Plant, upon the following terms and conditions: 1. That all work shall be in accordance with the plans and specification for the construction of sludge lagoons and the bid submitted by D. R. Allen and Son Incorporated, which proposal was accepted by the Council on March 10, 1972, result- ing in the conditional award of Contract A, Division I, Roanoke Sewage Treatment Plant, Sewage Treatment Plant Addition to said contractor; the terms and provisions of which said contract shall be adhered to by all parties. 2. That the agreement shall remain in force and effect until such time as the plans and specifications have been approved by all necessary Federal and State agencies. At such time as the formal approval is received by the City, the formal contract, conditionally awarded, pursuant to Ordinance No. 20146, adopted March 10, 1972, shall be executed by the City. 3. Should the plans and specifications be disapproved by such regulatory agencies, the City may order the construction halted and, in such event, compensate D. R. Allen and Son, Incorporated, in accordance with the provisions of said con- tractor's proposal and the terms and provisions of the contract for such labor and materials as have been utilized by said contractor in the work completed. The City shall, however, reserve the right to order said contractor to complete work on the project should the plans and specifications be disapproved by such regulatory agen- cies. BE IT FURTHER ORDAINED that, an emerqency existinq, this ordinance shall be in force and effect upon its passaqe. A TTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of May, 1972. No. 20272. AN ORDINANCE to amend and reordain Section ~45, "Police Department," of the 1971-72 Appropriation Ordinance, and providinq for an emerqency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emerqency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec- tion ~45, "Police Department," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: POLICE DEPARTMENT ~45 Printinq and Office Supplies (1) ........... $7,078.38 (1) Net increase $378.38 BE IT FURTHER ORDAINED that, an emerqency existinq, this Ordinance shall be in effect from its passaqe. A TTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of May, 1972. No. 20273. A RESOLUTION directinq payment of a claim of Mr. Frank C. Hoffman, owner of Dixie Letter Service. WHEREAS, claim for certain monies has been made upon the City by Mr. Fran C. Hoffman, owner of Dixie Letter Service, for certain additional work performed in the printin9 of a Police Manual for the City of Roanoke, and the Council is of opinion that a settlement of said claim be made as hereinafter provided. 424 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council doth direct the City's payment to Mr. Frank C. Hoffman, owner of Dixie Let- ter Service, of the sum of $378.38 in full and complete settlement and satisfaction and in full release of all claims against the City for all work performed and mater- ials furnished in the printing and preparation of a Police Manual for the City of Roanoke, such payment to be effected by the City Auditor, who shall take from said claimant a full and complete release in writing of the claim so compromised and settled, prepared by the City Attorney. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of May, 1972. No. 20274. AN ORDINANCE to amend and reordain Section =52, "Civil Defense," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec- tion ~52, "Civil Defense," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CIVIL DEFENSE ~52 Personal Services (1) .................. $15,700.00 (1) Net increase $44.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of May, 1972. No. 20275. AN ORDINANCE to amend and reordain Section ~89, "Transfers to Capital Im- provements Fund," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec- tion ~89, "Transfers to Capital Improvements Fund," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TRANSFERS TO CAPITAL IMPROVEMENTS FUND ~89 72-6 Central Business District (1) ............. $12,500.00 (1) Net increase .................. $2,200.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of May, 1972. No. 20276. AN ORDINANCE to amend and reordain Section =37, "Public Assistance," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec- tion =37, "Public Assistance," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: PUBLIC ASSISTANCE ~37 Aid to Dependent Children (1) ............... $3,615,200.00 Emergency Assistance to Needy Families With Children (2) ................. 100,000.00 (1) Net decrease ........ $100,000.00 (2) Net increase--- 100,000.00 426 Both accounts are 100% state reimbursable BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of May, 1972. No. 20277. AN ORDINANCE to amend and reordain Section =58, "Street Repair," and Sec- tion =71, "Garage," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec- tion =58, "Street Repair," and Section =71, "Garage," of the 1971-72 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: STREET REPAIR ~58 Vehicular Equipment - Replacement (1) ........... $ 47,000.00 Utilities (2) ................................... 1,500.00 (1) Net decrease (2) Net increase GARAGE =71 $500.00 500.00 Insurance (1) .- ................................. $ 36,375.00 Overtime (2) .................................... 2,500.00 Insurance (3) ................................... 33,375.00 Utilities (4) .................. 9,200.00 Maintenance of ~ac~i~;; an~ ~u~n~ iii 215,000.00 (1) Net decrease- (2) Net increase (3) Net decrease- (4) Net increase (5) Net increase --$ 500.00 500.0O 3,000.00 3,000.00 32,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of May, 1972. No. 20278. AN ORDINANCE to amend and reordain Section =90, "Sewage Treatment Fund," of the 1971-72 Sewage Treatment Fund Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec- tion =90, "Sewage Treatment Fund," of the 1971-72 Sewage Treatment Fund Appropria- tion Ordinance, be, and the same is hereby, amended and reordained to read as fol- lows, in part: SEWAGE TREATMENT FUND =90 Terminal Leave (1) ..................... $ 500.00 Overtime (2) .................. 1,500.00 Operating SupPlies ~nd ~aterials (~iii~i 159,700.-00 Printing and Office Supplies (4) ....... 1,050.00 (1) Ne.t decrease ...... (2) Net increase (3) Net decrease (4) Net increase .--$500.00 500,00 300.00 3OO.OO BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of May, 1972. No. 20279. A RESOLUTION indicating general approval of certain plans for the location and design of a section of the Southwest Expressway, as developed and presented by the Virginia Department of Highways for Projects 6220-128-105, C-501 and 6220-080- 104, C-501 at a certain public hearing held thereon. WHEREAS, there have been presented to the Council plans prepared by the Commonwealth of Virginia, Department of Highways, for the proposed location and de- sign of certain sections of the Southwest Expressway, (Route 220), hereinafter re- ferred to by location and by project number, said plans showing, among other things 428 proposed connections and interchanges with existing roads and streets, which said plans of proposed location and design were presented for consideration at a public hearing thereon held by the Department of Highways in Roanoke, Virginia, on May 13, 1969, a copy of the official transcript of said hearing and of said plans being on file in the office of the City Clerk; and WHEREAS, this Council desires to indicate general approval of said plans, but with certain changes to be made in ramps designed for 23rd Street, S. W., and Roberts Road, S. W.; and to advise said Department of Highways of its approval ther~ of. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council hereby generally approves and concurs in the plans developed by the Virgini Department of Highways for the location and design of that section of the Southwest Expressway, (Route 220), from 0.2 miles south of existing Route 220, (on Franklin Road, in the City of Roanoke, to 0.2 miles south of the intersection of Route 419, in Roanoke County,.as shown on the plans of Projects 6220-128-105, C-501, and 6220- 080-104, C-501, and as presented at the public hearing held thereon by said Depart- ment on May 13, 1969, and as recorded in the official transcript of that hearing, a copy of which said plans are on file in the office of the City Clerk, provided, however, there be added an off-ramp for northbound Expressway traffic onto Colonial Avenue, S. W., at 23rd Street, S. W., in lieu of the proposed off-ramp for north- bound Expressway traffic onto Roberts Road, S. W.; the Council, further, requesting that the plan of intersection of Broadway, S. W. with 23rd Street extension, near Franklin Road, be restudied for the most satisfactory arrangement for the accomoda- tion of traffic movement, especially truck units, into and from Broadway, S. W.; that the interchange for the Southwest Expressway with Persinger Road and Roberts Road be continued as an objective for future planning and construction, except that study be given to the possible extension of Overland Street, S. W., for the purpose of this interchange in lieu of the extension of Persinger Road, S. W.; and, that proper provision be made for necessary traffic control signals and devices at all such points of connection. BE IT FURTHER RESOLVED that attested copies of this resolution be furnish- ed the City Manager, who shall transmit the same through appropriate channels to th~ Commonwealth of Virginia, Department of Highways. A P P R 0 V E D ATTEST: Deputy City Clerk Mayor 42! IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of May, 1972. No. 20280. A RESOLUTION appointing WARNER N. DALHOUSE a member of the Local Board of Virginia Western Community College to fill an unexpired term of office on said Loca Board, expiring June 30, 1975. WHEREAS, Richard H. Hahn, heretofore appointed by Resolution No. 19763 of the Council for a four-year term of office commencing July 1, 1971, on the Local Board of Virginia Western Community College, having removed from the Roanoke commun- ity, has resigned such appointment, and the Council desires to appoint another mem- ber to said Local Board to fill the unexpired term of said other appointee. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that War- ner N. Dalhouse, a resident of the region served by Virginia Western Community Col- lege and representative of the commercial, industrial and professional interests and activities of such region, be and is hereby appointed a member of the Local Board of Virginia Western Community College to fill the unexpired term of office of Richard H. Hahn on said Local Board, said term of office to expire on June 30, 1975 BE IT FURTHER RESOLVED by this Council that the City Clerk transmit to th, abovenamed appointee, to the President of Virginia Western Community College, and to the State Board of Community Colleges an attested copy of this resolution. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of May, 1972. No. 20281. AN ORDINANCE providing for the acquisition of a 63.50 square foot parcel of land at the southeast intersection of Dale Avenue and Vernon Street, S. E., for public street purposes; and providing for an emergency. WHEREAS, in order to improve the connection of Vernon Avenue, S. E., with Dale Avenue, S. E., in connection with the City's improvements to Dale Avenue, S. E a portion of State Route 24, it is necessary to acquire the land hereinafter descril ed in order to round the corner of said street intersection; and WHEREAS, the Council is advised that Family Dollar Store of Roanoke, Vir- ginia, owner of the land abutting said street intersection, has offered to grant an convey to the City 63.50 square feet of its said land, sufficient for the aforesaid purpose, at no cost to the City provided that the necessary deed of conveyance be prepared without expense to said owner; and WHEREAS. for the usual daily onaration nf th~ mnniainal 43O ATTEST:. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that said City doth hereby accept the offer of Family Dollar Store of Roanoke, Virginia, to grant and convey to t.he City in fee simple that certain 63.50 square foot parcel of land lying at the southeast corner of the intersection of Dale Avenue, S. E, and Vernon Street, S. E., as the same is shown on Plan No. 5332 prepared in the Office of the City Engineer under date of May 11, 1972, a copy of which plan is on file in the Office of the City Clerk; and the City Attorney is hereby directed to prepare and to tender to said owner for execution and delivery back to the City a proper deed of conveyance in the premises, all of which shall be done without cost to said owner; and thereafter and upon execution and acknowledgment of said deed, the same shall be offered for recordation in the local Clerk's Office. BE IT FURTHER ORDAINED that the Council hereby expresses its thanks and those of the citizens of the City of Roanoke to Family Dollar Store of Roanoke, Vir- ginia, for its gift of said land to the City and the City Clerk is hereby directed to forward an attested copy of this ordinance to Family Dollar Store of Roanoke, Vir ginia. BE IT FINALLY ORDAINED that, an emergency existing this ordinance be in full force and effect upon its passage. APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of May, 1972. No. 20282. A RESOLUTION authorizing the employment of three (3) additional sewage ~lant operators, (Code 8020) for the Sewage Treatment Plant, effective June 1, 1972. WHEREAS, the City Manager has recommended to the Council that three addi- tional personnel be employed as sewage plant operators, (Job Code 8020) and be traiff ed in anticipation of the handling of additional facilities and processes to become a part of the expanded sewage treatment facility; and WHEREAS, it is proposed that said positions be filled at or about June 1, 197,2, in order to proceed with their training as well as to use their services in handling the recent increased work load in providing phosphorus reduction and sludge removal, funds being available within the Sewage Treatment account to cover the salary expenditures for said three additional positions. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said City doth concur in the City Manager's recommendation to employ these additional sewage plant operators, (Job Code 8020), to be compensated as provided for said positions under the City's System of Pay Rates and Ranges, and that he be authorize to employ said additional operators on or after June 1, 1972. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of May, 1972.. No. 20283. A RESOLUTION approving the City Manager's issuance of Change Order No. 1 in connection with the City's contract with Wiley N. Jackson Company dated December 6, 1971, for the construction of the Albemarle Avenue Storm Drain Project. WHEREAS, the City Manager, in report to the Council dated May 15, 1972, has recommended that the Council approve the issuance of a change order to the City' contract with Wiley N. Jackson Company, for construction of the Albemarle Avenue, S. E., and Jefferson Street, storm drains, authorizing said contractor 30 addition- al working days for the completion of this project. WHEREAS, the construction on this project is nearly complete with the exception of a few relatively minor items such as clean up and the installation of certain inlet structures, and during the course of construction the contractor has encountered certain difficulties, including conflicts with other underground util- ities and the Southwest Expressway construction, seemingly justifying such exten- sion; and WHEREAS, the Council is advised that all work will be completed within the original contract price and within such time extension as is herein authorized to be made by the City Manager under the contract; and WHEREAS, the Council is of opinion that the change of time proposed is reasonable and justified and, accordingly, concurs in said proposal. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized and empowered to issue, for and on be- half of the City, Change Order No. 1, to the City's contract with Wiley N. Jackson Company, Contractor, dated December 6, 1971, so as to provide 30 additional working days for completion of the Albemarle Avenue Storm Drain Project, beyond the time specified in said contract, such allowance of additional time not to affect the original contract price for said project. ATTEST: f-~/J~ APPROVED 432 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of May, 1972. No. 20284. AN ORDINANCE amending Ordinance No. 19751, heretofore adopted on June 28, 1971, providing a System of Pay Rates and Ranges and a new Pay Plan, by adding to said Pay Plan the position of Coordinator of Civil Defense, and deleting from said plan the position of Assistant Coordinator of Civil Defense; providing for the effective date of this ordinance; and providing for an emergency. WHEREAS, the City Manager has recommended to the Council the changes to the City's Pay Plan hereinafter authorized to be made, in order to make provision for the position of Coordinator of Civil Defense in said plan and to delete there- from the position of Assistant Coordinator of Civil Defense in the Administrative and Specialized class, such changes to take effect May 15, 1972; and the Council has concurred in said City Manager's recommendation. WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect immediately upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Or- dinance No. 19751, heretofore adopted on the 28th day of June, 1971, providing a System of Pay Rates and Ranges and a new Pay Plan for the employees of the City, be and the same is hereby amended by the deletion therefrom of the classification set out as: Work S$¢p~ in M0pthly Amounts Code Classification Week Ranoe No. 1 2 3 4 5 6 1229 Assistant Coordi- - 21 $642 $674 $708 $744 $780 $82, nator of Civil Defense BE IT FURTHER ORDAINED that Ordinance No. 19751, be further amended by th( addition to the aforesaid Pay Plan, in an appropriate place, of the following des- cribed position of employment, such addition to be made in the following words and figures, to-wit: Classification Work Week Ranoe No. 1 Coordinator of Civil Defense 22 Steps in Monthly Amounts 2 3 4 . 5 6 $708 $744 $780 $820 $860 $904 BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in ~ode 1229 force and effect on and after May 15, 1972. APPROVED ATTE ST: ~ Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of May, 1972. No. 20286. AN ORDINANCE to amend and reordain certain sections of the 1971-72 Appro- priation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 1971-72 Appropriation Ordinance, be, and the same are here by, amended and reordained to read as follows, in part: Schools - Improvements and Betterments ~12000 Instructional Equipment (1) ................... Schools - School Telephones ~6300 School Telephones (2) Schools - Fuel and Power ~6~ ...................... Fuel and Power (3) ............................ Schools - Water ~6600 Water (4) ..................................... Schools - Insurance ~8600 Insurance (5) ................................. (1) Net decrease ..................... $55,482.00 (2) Net increase ......... 9,500.00 (3) Net increase---v ................. 33,972.00 (4) Net increase 2,000.00 (5) Net increase 10,010.00 $131,588.00 41,000.00 258,972.O0 23,000.00 82,185.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED A TTE ST: Deputy City Clerk ~layor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of May, 1972. No. 20287. AN ORDINANCE to amend and reordain Section =85, "Electoral Board," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec- tion ~85, "Electoral Board," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: ELECTORAL BOARD ~85 Fees for Professional and Special Services (1) .......................... $22,040.00 Data Processin3 (2) .. i 3,350.00 434 (1) Net decrease (2) Net increase-- $2,500.00 - 2,500.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of May, 1972. No. 2O288. AN ORDINANCE to amend and reordain certain sections of the 1971-72 Appro- priation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of RoanOke, an emergency is declared to exist. THEREFORE, BE'IT ORDAINED by the Council of the City of Roanoke that the following sections of the 1971-72 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: POLICE DEPARTMENT =45 Overtime (1) ............................ $41,500.00 Maintenance of Machinery and Equipment (2) ...................... 1,112.41 Communications (3) ...................... 9,826.35 Rentals (4) ............................. 543.65 (1) Net increase (2) Net increase (3) Net decrease (4) Net increase $20,000.00 12.41 54'3.65 543.65 FIRE DEPARTMENT =47 Utilities (1) ........................... $13,575.00 Other Equipment - Replacement (2) ....... 59.85 Food, Medical and Housekeeping Supplies (3) ........................... 4,865.15 (1) Net increase (2) Net decrease (3) Net increase- ---$ 5,400.00 365.15 365.15 TRAFFIC ENGINEERING AND COMMUNICATIONS =57 Operating Supplies and Materials (1) ..... $10,775.00 Printing and Office Supplies (2) ......... 565.00 (1) Net decrease- (2) Net increase- ---$25.00 25.00 AIRPORT =65 Rentals (1) .............................. $ 4,500.00 Utilities (2) (3) ........................ 19,500.00 Insurance (4) ................... 3,450.00 Printing and O~ice Sup~;s iii 650.00 43. (1) Net decrease ....................... $2,500.00 (2) Net increase ....................... 2,500.00 (3) Net increase 4,000.00 (4) Net decrease 50.00 (5) Net increase 50.00 MARKET ~66 Utilities (1) ............. Personal Servi~g~ i~i']]]~. ] ] $10,500.00 .......... 52,546.00 Extra Help .... $1,700 (1) Net decrease $ 500.00 (2) Net increase 500.00 Extra Help ................ 1,700.00 REFUSE COLLECTION AND DISPOSAL ~69 Personal Services (1) .............. $992,408.00 Overtime $9,950 ]~ (1) Net decrease $ 50.00 Overtime- - 9,950.00 STREET CLEANING Personal Services (1) ................ $200,636.00 Overtime $250.0~ (1) Net increase Overtime .... 50.00 .......... $ 2 50. oo STADIUM AND ATHLETIC FIELDS ~76 Utilities (1) .......................... $16,300.00 (1) Net increase ................ $4,000.00 CIVIC CENTER =77 Personal Extra Help .... $142,500.00 Personal Services (2) .................. Overtime .... $12,000.00 Utilities (3) .......................... Promotion Fund (4) ..................... Exhibitions (5) Maintenance of B i dings and Property (6) ......................... Maintenance of Machinery and Equipment (7) ........................ Operating Supplies and Materials (8) ... Rentals (9) .......................... Education (l~i Travel Expense (11) Operating Supplies and Ma e ials (12) .. Printing and Office Supplies (13) ...... Services (1) .................. $348, q92.00 357,992.00 83,000.00 47,245.13 744,000.00 4,500.00 3,5OO.OO 8,000.00 3,500.00 110.00 4,120.O0 6,5OO.00 6,500.00 (1) Net increase .............. $ 82,500.00 Extra Help ............. 142,500.00 (2) Net increase--- 9,000.00 Overtime ......... 12,000.00 (3) Net increase--- 28,000.00 (4) Net increase-- 7,245.13 (5) Net increase ............. 184,000.00 (6) Net decrease ...... 500.00 (7) Net increase 500.00 (8) Net decrease 1,000.00 (9) Net increase-- 1,000.00 (10) Net decrease 120.00 (11) Net increase ............. 120.O0 (12) Net decrease ............. 1,500.00 (13) Net increase 1,500.00 NON-DEPARTMENTAL ~91 State Tax (1) .......................... $ 1,658.34 Refund Accounts (2) .................... 50,000.00 436 (1) Net increase $ 658.34 (2) Net increase 25,000.00 TERMINAL LEAVE ~97 Terminal Leave (1) ......................... $42,000.00 (1) Net increase $12,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of May, 1972. No. 20289. AN ORDINANCE to amend and reordain Section =90, "Sewage Treatment Fund," of the 1971-72 Sewage Treatment Fund Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec- tion =90, "Sewage Treatment Fund," of the 1971-72 Sewage Treatment Fund Appropria- tion Ordinance, be, and the same is hereby, amended and reordained to read as fol- lows, in part: SEWAGE TREATMENT FUND =90 Fees for Professional and Special. Services (1) .................... Travel Expense i¢-i 12.11.. i .... 2 ...... $2,570.00 300.00 (1) Net increase (2) Net increase $1,320.00 100.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTE ST: Deputy City Clerk Mayor 43' IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of May, 1972. No. 20290. AN ORDINANCE to amend and reordain Section =290, "Water - Distribution and Transmission," of the 1971-72 Water Fund Appropriation Ordinance, and providin9 for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec- tion =290, "Water - Distribution and Transmission," of the 1971-72 Water Fund Appro- priation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: WATER - DISTRIBUTION AND TRANSMISSION =290 Operating Supplies and Materials (1) ........ $29,500.00 Utilities (2) ....................... 3,000.00 Operating Supplies and M~t;rial~ iii ' ' . 24,500.00 Maintenance of Buildings and Property (4) ............................... 40,000.00 (1) Net decrease .................... (2) Net increase ....... (3) Net decrease--- (4) Net increase $ 500.00 500.00 5,000.00 5,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of May, 1972. No. 20291. A RESOLUTION authorizing issuance of an unnumbered change order to the City's contract with John A. Hall ~ Company, Inc., dated November 9, 1971, for cer- tain municipal airport improvements, to provide for raising of an additional 49 canister type lights at the threshold of Runway 33, upon certain terms and condi- tions. WHEREAS, the Federal Aviation Administration is reported to have requestec that an additional 49 canister type lights be raised at the threshold of Runway 33, 438 which may be accomplished by a change order issued in conjunction with certain im- provements now being performed at the Roanoke Municipal Airport under the contract hereinafter mentioned, in order to provide for a better approach grade to said 'threshold; and WHEREAS, the City Manager concurs in such request and reports that such change order would add $2,695.00 to the contract price resulting in a total contrac amount of $252,677.00; and WHEREAS, the work on the project is nearly complete and the City's con- tractor has agreed to raise the additional lights at the same unit cost of $55.00 specified in his bid proposal, and that the work may be accomplished with no increa~ in contract time; and WHEREAS, the Council is advised that the aforesaid administration will participate in 50% of the additional cost and that there will be sufficient funds remaining in amounts appropriated, after the completion of the work specified in t~ original contract, to cover the cost of raising the additional threshold lights; and the Council is of the opinion that the change order proposed is reasonable and justified and, accordingly, concurs in said proposal. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized and empowered to issue, for and on be- half of'the City, an unnumbered change order to the City's contract with John A. Hall 5 Company, Inc., contractor, dated November 9, 1971, so as to provide for the raising of an additional 49 canister type lights at the threshold of Runway 33, at Roanoke Municipal Airport, such raising of lights to be accomplished at a cost of $55.00, per each canister type light, and the original contract price to be thereby increased from $249,982.00 to $252,677.00, but without change of contract time. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of May, 1972. No. 20292. A RESOLUTION authorizing and directing the City's payment to the Common- wealth of Virginia of the sum of $7,334.94, as the balance due of the City's share of the cost of constructing the 9th Street, S. E., Industrial Access Bridge and Loop Road, as Project 9999-128-101, C-501, C-502, B-601. WHEREAS, the City Manager reports the City's receipt of final billing from the Commonwealth of Virginia, Department of Highways, for the sum of $7,334.94 as the balance due on the City's share of the cost of constructing the new 9th Street, S. E., Industrial Access Bridge and Loop Road, (Project 9999-128-101, C-501 C-502, B-601), such billing representing costs incurred by Norfolk & Western Rail- way Company for changes made in its railroad facilities pursuant to agreement en- tered into under date of November 26, 1968, agreed to be reimbursed to said Compan] as a cost of the project; and WHEREAS, additional funds necessary for making payment of such final cost are being appropriated by the Council for the purpose. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Auditor be and is hereby authorized and directed to issue the City's check, payable to the Commonwealth of Virginia in the sum of $7,334.94, in payment of the balance of the City's share of the cost of constructing the new 9th Street, S. E., Industrial Access Bridge and Loop Road, (Project 9999-128-101, C-501, C-502, B-601), charging the same to the City's Capital Improvement Project - Account 25. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of May, 1972. No. 20293. AN ORDINANCE to amend and reordain Section =89, "Transfers to Capital Improvements Fund," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of th~ City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec- tion ~89, "Transfers to Capital Improvements Fund," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TRANSFERS TO CAPITAL IMPROVEMENTS FUND ~89 CIP 25 Ninth Street Industrial Access Bridge (1) ........................ $7,334.94 (1) Net increase $7,334.94 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED 440 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of May, 1972. No. 20294. A RESOLUTION opposing and seeking support in opposition of proposed Fed- eral legislation which would overrule the United States Supreme Court and prohibit state and local governments from imposing any charges, taxes, or fees directly or indirectly on persons traveling by air transportation or on the carriage of person in air transportation. WHEREAS, this Council is advised that there is pending in the Congress, as H. R. 14847, proposed legislation which would overrule recent decision of the Supreme Court of the United States which upheld the constitutionality and validity of certain use and service charges imposed by state and local governments on pas~r gers enplaning commercial aircraft at certain airports involved in said cases, ruling that such charges, applicable to both interstate and intrastate flights, do not discriminate against interstate commerce and travel nor conflict with Federal policies furthering uniform national regulation of air transportation but, on the other hand, reflect fair, albeit imperfect, approximation of the use of such facil- ities by those for whose benefit they are imposed; and WHEREAS, the City of Roanoke, along with many other local governments and local governmental units, owns and operates a public airport and airport facil- ities serving, without difference or discrimination, all members of the general public, regardless of their residence, citizenship or place of origin, and is con- tinually expending large sums of money in and about the improvement and maintenanc, of said airport, so that its use and convenience to all persons, as well as its safety may be continually bettered and improved; and WHEREAS, this City and all other such owners or operators of public air- ports which serve commercial aircraft and passengers and persons using the service of such aircraft have depended in large part upon revenues generated from charges, taxes or fees provided to be paid such localities by public air carriers of person and, in some instances, to be paid by air passengers and others using the services and facilities of said airports, for the purpose of improving and maintaining said airports and, if legiSlation in the nature of H. R. 14847 be enacted by the Con- gress, serious damage will result to the operation and maintenance of and the ser- vices rendered by most, if not all, such local public airport facilities. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke tha~ this governing body does most strongly oppose the enactment by the Congress of H. R. 14847 or any other form of Federal legislation which would overrule the deci sion of the Supreme Court of the United States handed down April 19, 1972, in Case Nos. 70-99 and 70-212 and which, if enacted, is understood and intended to prohibit all state and local governments from imposing any charges, taxes or fees, directly or indirectly on persons traveling by air transportation or on the carriage of persons in air transportation. BE IT FURTHER RESOLVED that this body calls upon the members of Congress particularly, those members of Congress representing the Commonwealth of Virginia and this locality, to employ and use their influence and strongest efforts to ob- tain in the Congress defeat of H. R. 14847 or of any other proposed legislation similar thereto and, to that end, the City Clerk is directed to forthwith transmit attested copies of this measure to Senator Harry F. Byrd, Jr., to Senator William B. Spong, Jr., and Congressman Richard H. Poff, members of the Congress of the United States from Virginia. BE IT FURTHER RESOLVED that support in opposition to legislation in the nature of H. R. 14847 is elicited by this Council from all other local governing bodies of this Commonwealth and of other states and commonwealths and from organi- zations and agencies composed of representatives of the same and, to that end, the City Clerk is directed to transmit copies of this measure to the Division of Aero- nautics of the Virginia State Corporation Commission, to the National Congress of Cities, to the Virginia Municipal League and to the Airport Operators Council In- ternational. A TTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of May, 1972. No. 20295. AN ORDINANCE to amend and reordain Section ~t4, "City Attorney," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec- tion =4, "City Attorney," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CITY ATTORNEY ~4 Personal Services (1) (2) ................... $65,862.00 442 (1) Extra Help Net increase (2) Overtime Net increase $198.40 $198.40 $111.60 $111.60 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of June, 1972. No. 20285. AN ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, and Sheet No. 248, Sectional 1966 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have certain property containing 16 acres, more or less, near the intersection of Cove Road and Hershberger Road in the City of Roanoke, Virginia, and designated as being the northeasterly portion of Official Tax Number 2480147, all of Official Tax Numbers 2480117, 2480141, 2480148, and the southerly portion of Official Tax Number 2480111, rezoned from RS-3, Single-Family Residential District, to RG-1, Gen- eral Residential District; and WHEREAS, the City Planning Commission has recommended that the hereinafte~ described land be rezoned from RS-3, Single-Family Residential District, to RG-1, General Residential District; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 71, Chapter 4.1, Title XV, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, have been published and posted as required and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the 17th day of April, 1972, and again, on the 30th day of May, 1972, at 2 p.m., before the Council of the City of Roanoke, at which hearing all parties in interest and citi- zens were given an opportunity to be heard, both for and against the proposed re- zoning; and WHEREAS, this Council, after considering all such matters, is of the opinion that the hereinafter described land should be rezoned. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Title XV, Chapter 4.1, Section 2, of The Code of the City of RoOnoke, 1956, as amended, relatin9 to Zonin9, and Sheet No. 248 of the Sectional 1966 Zone Map, City of Roa- noke, be amended in the followin9 particular and no other, viz.: Certain property containing 16 acres, more or less, near the intersection of Cove Road and Hershberqer Road in the City of Roanoke, Virginia, designated on Sheet 248 of the Sectional 1966 Zone Map, City of Roanoke, as bein9 the northeaster- ly portion of Official Tax Number 2480147, all of Official Tax Numbers 2480117, 2480141, 2480148, and the southerly portion of Official Tax Number 2480111, be, and is hereby, changed from RS-3, Single-Family Residential District, to RG-1, General Residential District, and that Sheet No. 248 of the aforesaid map be changed in this respect. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of June, 1972. No. 20297. A RESOLUTION approving a certain amendment, being Amendment No. 2, to the Redevelopment Plan for the Kimball Redevelopment Project, Project No. VA. R-46, located in the northeast section of the City of Roanoke, Virginia. WHEREAS, the Council of the City of Roanoke, Virginia by Resolution No. 18344 adopted on the 7th. day of October, 1968 approved the Redevelopment Plan for the Kimball Redevelopment Project, Project No. VA. R-46, located in the northeast section of the City of Roanoke, Virginia, a copy of which said Redevelopment Plan was directed by said Resolution to be filed by the City Clerk with the minutes of said meeting of Council; and WHEREAS, the Council of the City of Roanoke, Virginia by Resolution No. 20236 adopted on the 1st. day of May, 1972 approved Amendment No. 1 to the Redevel- opment Plan for the Kimball Redevelopment Project, Project No. VA. R-46, located in the northeast section of the City of Roanoke, Virginia, a copy of which said Amend- ed Redevelopment Plan was directed by said Resolution to be filed by the City Clerk with the minutes of said meeting of Council; and WHEREAS, Amendment No. 2 to the Redevelopment Plan for the Kimball Rede- velopment Project, Project No. VA. R-46, entails changing the status of the City 444 Incinerator from "not to be acquired" to "to be acquired for clearance and redevel- opment.'' The reasons for this change are as follows: 1. The City Incinerator is no longer in use. 2. It is not feasible to convert the existing structure for any other use. 3. The removal of this facility would further project objectives by improving the appearance for the area; and WHEREAS, the City of Roanoke Redevelopment and Housing Authority did approve said Amendment No. 2 by resolution adopted on the 8th. day of May, 1972, and thereby recommended to the City Council that the Kimball Redevelopment Project be amended as hereinafter set forth; and WHEREAS, said proposed Amendment No. 2 has been duly considered by Coun- cil, which has determined that said amendment is in the public interest. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Amendment No. 2 to the Redevelopment Plan for the Kimball Redevelopment Project, Project VA. R-46, is hereby APPROVED; that the status of the City Incinerator be changed £rom "not to be acquired" to "to be acquired for clearance and redevelop- ment''; and the land use be changed from "Public" to "Highway Commercial and Light Industrial", BE IT FURTHER RESOLYED THAT, the revised plan e.ntitled "Redevelopment Plan Kimball Redevelopment Project VA. R-46 October 1, 1968, revised April 12, 1972, reflecting said Amendment No. 2, having been duly reviewed and considered is hereby APPROVED, and the City Clerk be and is hereby directed to file said revised copy of the Redevelopment Plan with the minutes of this meeting, ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of June, 1972. No. 20298. AN ORDINANCE to amend and reordain Section =37, "Public Assistance," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec- tion =37, "Public Assistance," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: PUBLIC ASSISTANCE =37 Child Welfare Services- Day Ca re (1) ................................ $ 4,200.00 Day Care- Not W.I.N. (2) ................ 76,000.00 (1) Net decrease ......... $2,000.00 (2) Net increase 2,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of June, 1972. No. 20299. AN ORDINANCE to amend and reordain Section ~58, "Street Repair," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec- tion ~58, "Street Repair," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: STREET REPAIR ~58 Maintenance of Buildings and Property (1) ............................. $277,000.00 Personal Services (2) ..................... 375,690.00 Extra Help (1) Net decrease (2) Net increase Extra Help. $25,000.00 $ 3,000.00 3,000.00 25,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED A T TE ST: Deputy City Clerk Mayor 446 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of June, 1972. No, 20300. AN ORDINANCE to amend and reordain Section =22, "Commonwealth's Attorney," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec-I tion =22, "Commonwealth's Attorney," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: COMMONWEALTH'S ATTORNEY ~22 Personal Services (1) ............... $30,892.50 Extra Help ~i~ Printing and Office Supplies (2) ........... 950.00 (1) Net decrease- $200.00 Extra Help 300.00 (2) Net increase 200.00 *Subject to approval of the State Compensation Board BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of June, 1972. No. 20301. AN ORDINANCE authorizing the City's execution of a written agreement with the Virginia Department of Agriculture, Division of Markets, relative to the storage and distribution of commodities under the Food Distribution Program; and providing for an emergency. WHEREAS, the City Manager has tendered to the Council a written agreement drawn as Agreement Number 60-370 on form VACD-1, January 1966, of the Virginia De- partment of Agriculture, required to be entered into by agencies participating in the Food Distribution Program, which said agreement sets out the duties and respon- sibilities of the City, as such agency, in receiving, storing, distributing and accounting for commodities made available by the United States Department of Agri- 44'; culture to the City to effectuate the purpose of the Food Distribution Program; which said agreement would become effective as of the date of its approval by the Virginia Department of Agriculture and would continue until terminated, each party reserving the right of termination on thirty days written notice to the other; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized and directed on behalf of the City of Roanoke to enter into written agreement with the Department of Agriculture, Divisi of Markets, providing for said City's participation as a recipient agency in the receipt, storage and distribution of commodities made available by the United States Department of Agriculture under the Food Distribution Program, such agreement to be made as set out on form VACD-1, January 1966, of the Virginia Department of Agricul ture and to be designated as Agreement Number 60-370, as such proposed form of agree ment is on file in the office of the City Clerk; the same to be thereafter trans- mitted to the Virginia Department of Agriculture, Division of Markets, for similar execution. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in force and effect immediately upon its passage. A TTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of June, 1972. No. 20302. A RESOLUTION authorizing the issuance of an unnumbered change order to the City's contract with Miller ~ Rhoads, dated September 21, 1970, for supplying certain carpeting for use in the Roanoke Civic Center, reflecting a $705.17 credit to the City on said contract. WHEREAS, under the specifications for the within mentioned contract, Ar cie 17 (b) required the City's contractor to furnish the City 200 square yards of extra type B carpet, to be used for future replacement in the Auditorium of the Roanoke Civic Center but, during the installation of other carpet in said building, the work required more yardage of carpet than estimated and, consequently, only 112 square yards is left for future replacement; and 448 WHEREAS, the City has been advised that the contractor would be unable ~to obtain an exact color match with another run of carpet, and the contractor has offered to credit to the City $705.17 for the approximately 88 square yards of car- pet not available nor delivered and the City Manager concurs in such offer and rec- ommends that the Council authorize such change and credit by change order to the written contract. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized and empowered to issue, for and on be- half of the City, an unnumbered change order to the City's contract dated September 21, 1970, with Miller & Rhoads, contractor, so as to provide for delivery to the City of 112 square yards of type B carpet, rather than 200 square yards of such carpet, as extra material, and to provide for a $705.17 credit to the City against the value of the contract to the contractor because of the variance in quantity of such extra material. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of June, 1972. No. 20303. AN ORDINANCE to amend and reordain Section ~22, "Commonwealth's Attorney of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec- tion =22, "Commonwealth's Attorney," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: COMMONWEALTH'S ATTORNEY =22 Travel Expense (1) .................... $1,758.00 (1) Net increase- $1,638.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. A TTE ST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of June, 1972. No. 20304. AN ORDINANCE authorizing the City's acquisition of a perpetual exclusive easement in certain land for the construction of a railroad siding and chemical un- loading facilities for use at the Sewage Treatment Plant, upon certain terms and conditions; authorizing and providing for the City's execution of said deed, and for its recordation; and providing for an emergency. WHEREAS, Wells Furniture Company, Inc., is reported willing to grant to the City a deed of easement, granting to the City perpetual exclusive right to occu- py and use certain real estate hereinafter described, situate on the southerly side of Official No. 4321021, for the purpose of constructing a railroad siding and chem- ical unloading facilities for use at the Sewage Treatment Plant, as said easement area is shown on Plan No. 5318, prepared in the Office of the City Engineer under date of March 14, 1972, such agreement to contain, inter alia, the terms and provi- sions hereinafter set out and authorized to be entered into, the value of such rights having been established by appraisal made for the City and sums sufficient to pay the purchase price having been appropriated by the Council; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the offer of Wells Furniture Company, Inc., to grant and convey to the City, for an con- sideration of $1,500.00, cash, a perpetual exclusiw~ easement in a parcel of land containing 0.247 acre, more or less, situate on the southerly side of Official No. 4321021, in the City and shown and described on Plan No. 5318, prepared in the Offic of the City Engineer, under date of March 14, 1972, upon the terms and provisions hereinafter set forth, be, and said offer is hereby ACCEPTED. BE IT FURTHER ORDAINED that the Mayor be, and is hereby authorized and directed to execute on behalf of the City a deed of easement given by Wells Furni- ture Company, Inc., in the premises, to the City of Roanoke, which said deed of easement, approved as to form by the City Attorney, shall contain, in substance, the following express terms and provisions, viz: 1. That the City shall use the land over which the easement to the City is granted for the purpose of constructing a railroad siding and unloading facili- ties for chemicals, exclusive of chlorine, for use at the Sewage Treatment Pla nt. 2. That the City shall, at the request of Wells Furniture Company, Inc., provide fencing on the north, east and west sides of said land, with necessary gate for entrance thereto. The City shall, however, reserve the right to fence all or any part of said land at any time such fencing is deemed necessary by the City. 450 3. That the City shall indemnify and save harmless Wells Furniture Com- pany, Inc., from any damage that may result from the exercise by the City of any of the rights and privileges granted by said easement. 4. That the City's rights in said easement will be terminated and releas- ed by the City should the City not use the siding to be constructed for a period of two consecutive years, or at an earlier time, if mutually agreeable to both parties 5. That the City release its rights heretofore acquired by virtue of tha certain deed of easement granted to the City by Wells Furniture Company, Inc., and others, by deed dated May 14, 1965, said easement being over a smaller parcel of land situate in the same general location, and for a different purpose; and 6. That the City be granted the right of ingress and egress to said land over the remaining portion of Official No. 4321021, during the construction period and thereafter for the purpose of repairing and maintaining the facilities construc' ed thereon, the roue of said right to be determined by Wells Furniture Company, Inc at such time and times as the City desires access to said land, the City to agree to keep its use of said route to a minimum and upon completion of such use, to re- store said route to its approximate condition existing prior to such use. BE IT FURTHER ORDAINED that the City Clerk be, and is hereby authorized and directed to affix to the aforesaid deed of easement, the City's corporate seal and to attest the same; and that thereafter, a fully executed copy of said instru- ment be recorded by the City Attorney in the appropriate Clerk's Office. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance shall be in force'and effect upon its passage; and that the City Clerk do convey to Wells Furniture Company, Inc., the Council's appreciation of said Company's grant to the City, aforesaid. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF'THE CITY OF ROANOKE, VIRGINIA, The 5th day of June, 1972. No. 20305. AN ORDINANCE authorizing the City's execution of two written license a merits with Norfolk ~ Western Railway Company providing a right to the City to con- struct, maintain and operate various water, air, chemical and electric power line crossings and to provide for the construction'and maintenance of a 60-foot foot- bridge and an 85-foot gravel walkway on, under and across said Company's property opposite the City's Sewage Treatment Plant, to provide such services and access for said Sewage Treatment Plant from a side track opposite the same; and providing for an emergency. WHEREAS, in order to provide water, air, chemical and electrical service at the City's Sewage Treatmen Plant, the City has proposed to have constructed and installed various crossings in pipe and conduit and a footbridge and gravel walkway on, under and across the land and the railroad tracks of Norfolk ~ Western Railway Company at the location hereinafter described, and said Company has offered to granl to the City the right so to do, as a donation and without payment of monetary con- sideration, upon the City's acceptance and agreement to the terms of the written license agreements hereinafter mentioned; and WHEREAS, for the usual daily operation of the municipal government an emergency is hereby set forth and declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized and empowered on behalf of the City to execute, in the name of the City, the following: 1. A certain written agreement in the form of a license, on standard For~ C.E. 15 (rev.9-66) of said Company, as revised, granting to the City for the nominal consideration of $1.00, the right to construct, maintain and operate various water, air, chemical and electric piping and conduits under and across the land and under the tracks of said Company at its Mile Post 240+4233 feet in the City of Roanoke, on the Roanoke Terminal Division of said Company, as shown on Plan ¥-2-VA-S-63-C, dated March 27, 1972, which said agreement shall provide, inter alia, that the City will pay the entire expense of placing said pipe and conduit under said land and tracks, and will keep said pipe and conduit in good repair; that the City will agree to indemnify and save said Company harmless against loss or damage arising out of the City's exercise of the privileges under said agreement; that the license shall be terminable by the City on sixty (60) days written notice to the Railway or by the Railway upon default by the City of any of the covenants of the agreement, otherwise to continue in effect until either such termination; and that the City shall com- pensate said Railway in the sum of $12.00 for each sign placed in the right-of-way indicating the location of the facility; and 2. A certain written agreement on Standard Form M.R.E. 13-C (Revised 5- 68) of said Company, as revised, granting to the City the right to construct, oper- ate and maintain a 60-foot footbridge and an 85-foot gravel walkway on and across the property of said Company at its Mile Post 240+4318, in the City of Roanoke, on the Roanoke Terminal Division of said Company, as shown on Plan ¥-2-VA-S-63-C, which said agreement shall provide, inter alia, that the City will pay the entire 4'52 expense of constructing said footbridge and gravel walkway on said land and will keep the same in good repair; that the City will agree to indemnify and save said Company harmless against loss or damage arising out of the City's exercise of the privileges under said agreement; that the license shall be terminable by the City on sixty (60) days written notice to the Railway or by the Railway upon default by the City of any of the covenants of the agreement, otherwise, to continue in effect until either such termination; said agreements to be upon such form, otherwise, as is approved by the City Attor- ney. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in force and effect upon its passage. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of June, 1972. No. 20306. A RESOLUTION requesting evaluation of certain additional sites for a pro- posed regional jail and, pending such evaluation, that no affirmative action on sites be taken or recommendation be given by the Fifth Planning District Commission WHEREAS, in report of a study recently made by consultants for the Fifth Planning District Commission of the needs, resources and objectives of the counties of Roanoke and Craig and the municipalities of Roanoke, Salem and Vinton for region. al-type corrections facilities, ten sites in the region were identified and evalu- ated as to suitability for such regional purposes; and WHEREAS, the Council, considering the report of said consultants as to site location, would propose for similar study and evaluation a general location not expressly mentioned in said report and, pending such further evaluation, would recommend that no formal approval be given by the Fifth Planning District Commissio to any of the sites evaluated or recommended by said consultants. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Fifth Planning District Commission be, and is hereby respectfully requested to > cause a study and evaluation, as a site for the proposed regional jail or correctio: facility, be made of that area of property situate west of Third Street and within the limits of Campbell Avenue and Church Avenue, in the City of Roanoke, any report of such study and findings to be made to the said Commission; and that pending the results of the study and evaluation of such additional site or location, the Fifth Planning District Commission take no affirmative action towards deciding upon or recommending the most suitable place for such regional facility. BE IT FURTHER RESOLVED that the City Clerk do forthwith transmit attested copies of this resolution to the Fifth Planning District Commission, at Roanoke, Virginia. A TTE ST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of June, 1972. No. 20307. A RESOLUTION concurring with the overall objectives of the Roanoke Valley Regional Health Services Planning Council report of January, 1972, concerning Emer- ,gency Medical Services in the Roanoke Valley. WHEREAS, the Roanoke Valley Regional Health Services Planning Council, on February 28, 1972, presented to the Council a report concerning emergency medical services in the Roanoke Valley, said report making certain specific recommendations regarding such medical services; and WHEREAS, the City Manager, in report to tile Council dated May 30, 1972, has recommended that the Council concur with the overall objectives of said report and encourage the other political subdivisions in the Roanoke Valley to similarly concur in said objectives, in which recommendation the Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council does hereby express concurrence with the overall objectives of the Roanoke Valley Regional Health Services Planning Council Report of January, 1972, concerning emergency medical services, in the Roanoke Valley, and further encourages all other political subdivisions in the Roanoke Valley to similarly concur in the overall ob- jectives of said report. ATTEST: Deputy City Clerk APPROVED Mayor 454 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of June, 1972. No. 20308. ATTE ST: A RESOLUTION authorizing the issuance of a permit to authorize continuance of nonconforming use of premises located at 814-816 Murray Avenue, S. E., Official Tax No. 4122535. WHEREAS, the time having expired wherein, under the City's general zoning regulations, permit may be issued by the Commissioner of Buildings for continuance of uses of property in the City made nonconforming by the adoption of the City's 1966 zoning regulations and the owner hereinafter named having made application to the Council that permission be granted to continue the use of the premises herein- after mentioned as a four-unit apartment dwelling and through inadvertence of the property owner of the premises no formal and timely application for issuance of a certificate of occupancy under the City's zoning regulations for continuance of suc~ nonconforming use was made to the Commissioner of Buildings; and WHEREAS, the City Council, considering the matter, is of opinion to waive the requirement of due application for such permit and to authorize the Commissione~ of Buildings to issue the same to said .owner, it to be expressly understood that nonconforming use will be nontransferable, and that the exercise of the nonconform- ing use upon such premises will otherwise conform in all respects.to all applicable ordinances and regulations of the City. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Commissioner of Buildings be and is hereby authorized, upon due written application being made therefor, to issue to Edison F. Shrader, as the owner, of the premises located at 814-816 Murray Avenue, S. E., Official Tax No. 4122535, the improvements whereon consisting of a four-unit apartment dwelling, permit for continuance of the nonconforming use and occupancy of such premises for the existing four-unit apart- ment building upon express conditions, to be contained upon such permit and agreed to by said owner, that all such nonconforming use of said premises shall not be transferable and that the use of said premises, otherwise, shall comply with all other general ordinances and regulations of the City. APPROVED Deputy City Clerk Mayor :,45. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of June, 1972. No. 20309. A RESOLUTION providing for a public hearing before the Council on the sub- ject of an increase of the local tax levy on taxable real estate and tangible per- sonal property in the City, and of other sources of revenue. WHEREAS, there has been presented to the Council a Budget for the ensuing fiscal year which, if adopted as presented, would require the raising of additional revenues within the power of the City to levy and collect; and WHEREAS, in the Budget Message accompanying said Budget, the City Manager has proposed, among other measures, that the rate of local tax levy on taxable real estate and taxable tangible personal property in the City be increased, so as to provide additional or new revenues; and WHEREAS, the Council desires that the citizens of the City be given an opportunity to appear before and be heard by the Council on the subject of the fore- going tax increases. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that a public hearing be held before the City Council at its regular meeting on June 26, 1972, at 2:00 o'clock, p.m., in the Council Chamber, at which hearing citizens of the City shall be given an opportunity to appear before and be heard by the City Council on the following subjects, viz: (a) An increase of not more than $1.01 over the current rate of $3.45 on each $100.00 of assessed value in the current local tax levy on taxable real estate and taxable tangible personal property in the City for the tax year commencing January 1. 1973, and thereafter; and imposition of a service charge for furnishing police and fire protection and for collection and disposal of refuse on certain real estate exempted from taxation under § 58-12 of the 1950 Code of Virginia, as amended. (b) An increase in motor vehicle license fees. (c) Provision for the imposition of an annual tax upon persons engaged in the business of renting real property to others. (d) Provision for the charge of fees for the collection of refuse from commercial establishments. (e) An increase in the penalties for certain traffic violations set forth in Sec. 151 of Chapter 1, Title XVIII, of the Code of the City of Roanoke, 1956, as amended. (f) Provision for the imposition of a use and service charge upon passengers enplaning commercial aircraft operated from Roanoke Municipal Airport (Woodrum Field). (g) Provision for the imposition of a tax upon persons admitted to certain places of amusement or entertainment. 456 BE IT FURTHER RESOLVED that the City Clerk do cause notice of said public hearing and of the subjects of such hearing to be published in a newspaper having general circulation in the City at least fifteen days prior to the date of said public hearing. ATTEST: Deputy City Clerk APPROVED Mayor IN.THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of June, 1972. No. 20296. AN ORDINANCE permanently vacating, discontinuing and closing a certain map alley or roadway, beginning at a point on the north side of Orange Avenue appr~- imately 316 feet west of the intersection of Orange Avenue and Courtland Road and extending in a northwesterly direction approximately 234 feet to Carver Avenue, N. E., and being approximately 18 feet wide. WHEREAS, John E. Willett, has heretofore filed his petition before the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the above-described map alley or roadway, the filing of which petition due notice was given to the public as re- quired by law; and WHEREAS, in accordance with the prayers of said petition, viewers were appointed by the Council on the 6th day of March, 1972, to view the property and to report in writing whether in their opinion any inconvenience would result from per- manently vacating, discontinuing and closing said map alley or roadway; and WHEREAS, it appears from the written report of the viewers filed with the City Clerk that no inconvenience would result to any individual or to the public fr~ m permanently vacating, discontinuing and closing said map alley or roadway; and WHEREAS, Council at its meeting on March 6, 1972, referred the petition to the City Planning Commission, which Commission in its report before Council on May 8, 1972, recommended that the request to close the said map alley or roadway, as hereinafter described be granted; and WHEREAS, a public hearing was held on the question before the Council at its meeting on the 5th day of June, 1972, at 2:00 p.m., after due and timely notice thereof published in the Roanoke World-News, at which hearing all parties in intere~ and citizens were afforded an opportunity to be heard on the question; and 45: WHEREAS, from all of the foregoing, the Council considers that no incon- venience will result to any individual or to the public from permanently vacating, discontinuing and closing the map alley or roadway, as recommended by the Planning Commission, and that accordingly said map alley or roadway should be permanently closed. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the map alley or roadway, beginning at a point on the north side of Orange Avenue appro~ imately 316 feet west of the intersection of Orange Avenue and Courtland Road and extending in a north westerly direction approximately 234 feet to Carver Avenue, Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of June, 1972. No. 20310. AN ORDINANCE to amend and reordain Section ~64, "Maintenance of City Pro- perty,'' of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. N.E., and being approximately 18 feet wide, be, and it hereby is, permanently va- cated, discontinued and closed and that all right, title and interest of the City oi Roanoke and of the public in and to the same be, and it hereby is, released insofar as the Council of the City of Roanoke is empowered so to do, the City of Roanoke reserving unto itself, however, a perpetual easement for sewer lines, drains, water lines and other public utilities which may now be located in and over the aforesaid map alley or roadway. i! BE IT FURTHER ORDAINED that the City Engineer be, and he hereby is, direct li ed~ to mark "permanently vacated" on the map alley or roadway, above described on all maps and plats on file in his office on which the said alley or roadway, referring to the book and page of Ordinances and Resolutions of the Council of the City of Roanoke wherein this Ordinance shall be spread. BE IT FURTHER ORDAINED that the Clerk of the Council deliver to the Clerk of the Hustings Court for the City of Roanoke, Virginia, a certified copy of this Ordinance in order that the Clerk of said court may make proper notation on all maps or plats recorded in his office upon which are shown the said alley, as provided by law, and that if so requested by any party in interest, he may record the same in the deed book in his office indexing the same in the name of the City of Roanoke as grantor and in the name of any party in interest who may request it as grantee. APPROVED ATTE ST:~/~"~- 458 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec- tion ~64, "Maintenance of City Property," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: MAINTENANCE OF CITY PROPERTY ~64 Maintenance of Buildings and Property (1) .............................. $142,740.00 (1) Net increase $525.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of June, 1972. No. 20311. AN ORDINANCE to amend and reordain Section =57, "Traffic Engineering g Communications," of the 1971-72 ApprOpriation Ordinance, and providing for an emer- gency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec- tion =57, "Traffic Engineering g Communications," of the 1971-72 Appropriation Or- dinance, be, and the same is hereby, amended and reordained to read as follows, in part: TRAFFIC ENGINEERING g COMMUNICATIONS =57 Communications (1) ........................ $10,250.00 (1) Net increase $5,500.00 *A portion of the amount to be reimbursed by state and federal programs BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of June, 1972. No. 20312. AN ORDINANCE to amend and reordain Section ~15, "Hustings Court," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec- tion ~15, "Hustings Court," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: HUSTINGS COURT ~16 Dues, Memberships and Subscriptions (1)' . ......... $550.00 Printing and Office Supplies (2) ................. 250.00 (1) Net decrease .................. $50.00 (2) Net increase ................. 50.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of June, 1972. No. 20313. AN ORDINANCE to amend and reordain Section =48, "Department of Buildings, of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec- tion ~48, "Department of Buildings," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: DEPARTMENT OF BUILDINGS ~48 Travel Expense (1) ......................... $875.00 (1) Net increase ......... $75.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED Deputy City Clerk Mayor 460 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of June, 1972. No. 20314. AN ORDINANCE to amend and reordain Section ~91, "Non-Departmental," of the 1971-72 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal~ Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec- tion =91,' "Non-Departmental," of the 1971-72 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: NON-DEPARTMENTAL =91 Civic Center Change Fund (1) ................ $4,000.00 (1) Net increase $3,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of June, 1972. No. 20315. A RESOLUTION authorizing payment of certain property damages resulting from certain necessary police action occurring on or about August 4, 1971. WHEREAS, the Council has been advised that, as a result of certain police action occurring under unusual and extreme emergency conditions on or about August 4, 1971, the residence at 1805 Wallace Avenue, N. E., owned by Mrs. Arthur D. Jones was accidentally damaged by gunfire occurring on and around certain other residence property adjacent to the aforesaid address, through'no fault whatsoever of the afor, said owner of 1805 Wallace Avenue, N. E., the damages, as reported by the City Man- ager, amounting to the estimated sum of $453.06; and WHEREAS, whilst the Council is- advised- of the accidental nature of said damages and that the City is not obligated, as a matter of law, to compensate the property owner for such damages, nevertheless., the Council considers the circum- stances of the case such that the City is justified in offering to make compromise settlement with the aforesaid property owner of the damages resulting from said in- cident; and WHEREAS, funds sufficient to pay the sum hereinafter provided have been appropriated by the Council for the purpose. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that, upon delivery to the City Auditor of a 9ood and sufficient release, drawn upon such form as is approved by the City Attorney and executed by the owner of the property at 1805 Wallace Avenue, N. E., said City Auditor be and is hereby authorized and direct- ed to issue and transmit through the City Attorney to Mrs. Arthur D. Jones, or to such other person or persons as may be the owners of the aforesaid property, the City's check in the amount of $453.06, in compromise payment and satisfaction of all claims to property damage occurrin9 or thought to have occurred to the aforesaid property as a result of an exchange of gunfire in an emergency situation demanding police action, which occurred on or about August 4, 1971; the aforesaid release to acknowledge the voluntary nature of such payment on behalf of the City and its police officers participating in said incident. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of June, 1972. No, 20316. A RESOLUTION requesting the Virginia Department of Highways to provide a 30-foot wide pavement for the new industrial access road, Project 9999-128-103, C-501 C-502, instead of a 24-foot wide pavement, committing the City to provide the funds necessary for payment of the cost of the additional 6-foot wide pavement. WHEREAS, the Council is advised that there would normally be provided for the industrial access road proposed to be constructed north of lOth Street, N. W., under the project hereinafter mentioned, a paved roadway, 24 feet in width, although the Virginia Department of Highways would be willing to provide a wider pavement should the City be willing to provide the costs of all such pavement over 24 feet in width; and the City Council concurs in the City Manager's recommendation that said Department be so requested and assured. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Virginia Department of Highways be and is hereby requested to construct the new industrial access road, Project 9999-128-103, C-501, C-502, located north of 10th Street, N. W., with a 30-foot wide standard pavement, rather than a 24-foot wide pavement as would otherwise be provided; and, in so requesting, the City of Roanoke hereby assures and agrees with said Department of Highways that said City will reimburse the Commonwealth of Virginia, Department of Highways, the full cost of construction of all such 6 additional feet of such pavement upon being billed ~. therefor by said Department. BE IT FURTHER RESOLVED that attested copies of this resolution be forth- with transmitted through normal channels of communication to the Virginia Department of Highways as evidence of the within request and assurance. ATTEST: Deputy City Clerk APPROVED Ma yor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of June, 1972. No. 20317. AN ORDINANCE accepting the proposal of Lynchburq Foundry Company for fur- nishing and supplying certain cast iron and ductile iron water pipe to be used by the City's Water Department for the period beginning July 1, 1972, and ending June 30, 1973, authorizing the proper City officials to execute the requisite contract or purchase orders; rejecting all other bids; and providing for an emergency. WHEREAS, on May 31, 1972, and after due and proper advertisement has been made therefor, five (5) bids for furnishing and supplying to the City certain cast iron and ductile iron water pipe necessary for the normal daily operation of the City's Water Department, for the period beginning July 1, 1972, and ending June 30, 1973, were opened in the office of the City's Purchasing Agent by three members of a committee appointed for the purpose, and thereafter were tabulated and studied by the committee which has made written report and recommendation to the Council through the City Manager; and WHEREAS, the City Manager, concurring in the committee's report, has transmitted the same to the Council, recommending acceptance of a certain proposal as hereinafter provided; and the Council considering all of the same, has determined that the bid hereinafter accepted is the lowest and best bid made to the City for furnishing the said material, and that funds sufficient to pay the cost of said material have been appropriated; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the proposal of Lynchburg Foundry Company, for furnishing and supplying to the City certain quantities of various sizes of cast iron and ductile iron pipe, in full accordance with the City's plans and specifications, and during the period of time mentioned in said specifications, for the unit prices and for not more than the estimated total sum of $44,414.00, said pipe to be delivered f.o.b, rail siding, 3447 Hollins Road, N. E., Roanoke, Virginia, which proposal is on file in the office of the City Clerk, be and said proposal is hereby ACCEPTED; 2. That the City Manager be and he is hereby authorized and directed, for and on behalf of the City, to execute a requisite contract with the aforesaid bidder, incorporating therein the aforesaid specifications, said bidder's proposal and the provisions of this ordinance, the form of which said contract shall be approved by the City Attorney; or in lieu of such contract, that the City Purchas- ing Agent, with the approval of the City Manager, issue, from time to time, purchas~ orders to the aforesaid supplier for supply to the City of needed quantities of such pipe, such purchase orders, likewise, to have incorporated therein the above- mentioned specifications and to be, otherwise, consistent with the provisions of this ordinance. 3. That the proposals of the four other bidders for the supply o£ said material be and the same are hereby REJECTED; the City Clerk to so notify said other bidders and to express to each the City's appreciation of each said bid. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of June, 1972. No. 20318. AN ORDINANCE authorizing the purchase of supplies of liquid chlorine to the City's Water Department and to the Sewage Treatment Plant for the period begin- ning July 1, 1972, and ending June 30, 1973, upon certain terms and provisions, by accepting a certain bid made to the City; rejecting certain other bids; and provid- ing for an emergency. WHEREAS, on May 31, 1972, and after due and proper advertisement had been made therefor, eleven (11) bids for furnishing to the City quantities of liquid 464 chlorine hereinafter mentioned were opened in the office of the City's Purchasing Agent, by three members of a committee appointed for the purpose, and thereafter were tabulated and studied by the committee which has made written report and recom- mendation to the Council through the City Manager; and WHEREAS, the City Manager, concurring in the committee's report, has transmitted the same to the Council, recommending award of the contract as herein- after provided; and the Council has determined that the bid hereinafter accepted is the best bid made to and meeting the requirements of the City for the supply of said liquid chlorine, and that funds sufficient to pay for the purchase price of said chlorine have been appropriated; and WHEREAS, for the usual daily operation of the municipal government an emergency is declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follow 1. That the bid of Suffolk Chemical Company, Inc., to supply liquid chlorine to the City's Water Department in 150 pound cylinders at $0.0875 per pound or in 2000 pound cylinders at $0.0449 per pound, should said Water Department con- vert from the use of 150 pound cylinders, f.o.b. Carvins Cove Filter Plant, Hollins Virginia, for the period beginning July 1, 1972, and ending June 30, 1973, the same to be shipped by truck in lots of 85 cylinders per shipment as and when ordered by the City Purchasing Agent in 150 pound cylinders during the aforesaid period, be and is hereby ACCEPTED; and 2. That the bid of said Suffolk Chemical Company, Inc., to supply liquid chlorine to the City's Sewage Treatment Plant in 2,000 pound cylinders at $0.0449 per pound, f.o.b. Sewage Treatment Plant, 1402 Underhill Avenue, S. E., Roanoke, Virginia, for the period beginning July 1, 1972, and ending June 30, 1973, the same to be shipped in truckload lots of 10 cylinders per shipment, as and when ordered by the City Purchasing Agent during the aforesaid period, be, and is hereby ACCEPT- ED; and 3. That the City Purchasing Agent be, and he is hereby authorized and directed, for and on behalf of the City, to issue requisite purchase orders for the supplies of liquid chlorine mentioned in paragraphs 1 and 2 above, the same to be paid for upon acceptance by the City out of funds heretofore appropriated for the purposes. BE IT FURTHER ORDAINED that the other bids received by the City for the supply of liquid chlorine be, and said other bids are hereby REJECTED, the City Clerk to so notify said other bidders and to express to each the City's appreciatio for said bids. 46. ATTEST: BE IT FINALLY ORDAINED that, an emergency existing, this ordinance be in full force and effect upon its passage. APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of June, 1972. No. 20319. AN ORDINANCE amending Ordinance No. 20259, authorizing the employment of certain consulting engineers to provide certain professional services in connection with the construction of improvements to and renovations of the City's building on the west side of Third Street, S. W., by specifying the present estimated Construc- tion Costs as defined in the contract of agreement and limiting the amount of com- pensation to be paid under said contract without further authorization by the Coun- cil; and providing for an emergency. WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that there be provided in the agreement authorized by Ordinance No. 20259, to be entered into between the City of Roanoke and Sowers, Rodes and Whitescarver, Consulting Engineer l, for the provision of certain professional services :in connection with the City's co~ struction of improvements and renovations of the City's building on the west side of Third Street, S. W., provisions to the effect that the present estimated Con- struction Costs of said improvements and renovations, as defined in Article 7 of said agreement and referred to on Page 2 of the agreement to be entered into is $726,500.00, and that compensation payable under the terms of said agreement shall not exceed 7 1/2% of said sum except upon prior authorization of the City Council. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in force and effect upon its passage. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of June, 1972. No. 20320. AN ORDINANCE authorizing and directing the acquisition of a certain par- cel of land necessary for the widening and improvement of a portion of 35th Street, N. W., in the City and, to that extent, modifying Ordinance No. 20175, relating to the same property; and providing for an emergency. WHEREAS, the property hereinafter mentioned and described as a portion of Official No. 2660401 is wanted and needed by the City for the purpose of its widen- ing and improvement of a part of 35th Street, N. W., in the City, and the Council heretofore, by Ordinance No. 20175, in paragraph 3. thereof, authorized and directe that a certain offer be made to its owner by the City Manager in an effort to ac- quire said property for the City; and WHEREAS, the City has subsequently caused a re-appraisal to be made of the value of said property and the City Attorney has recommended to the Council that efforts be made to acquire the same upon the basis of the value reflected by said re-appraisal, in which recommendation the Council concurs; and WHEREAS, funds sufficient to pay for ~he purchase price hereinafter provi ed have been or are being contemporaneously appropriated by the Council for the pur- pose and, for the usual daily operation of the municipal government, an emergency is declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized and directed, for and on behalf of the iCity, to accept the offer of and to acquire from the owner thereof the following described parcel of land situate in the City of Roanoke as said parcel of land is shown and described on Plan No. 5294-A, for the widening and improvement of a por- tion of 35th Street, N. W., on file in the office of the City Engineer, for the purchase price hereinafter set out for said parcel, namely: That certain 1904.0 square foot parcel of land comprising the westerly portion of Official No. 2660401, which abuts the present east line of 35th Street, N. W., a distance of 152.90 feet, and abuts the southerly line of Melrose Ave- nue, N. W., a distance of 12.50 feet, owned by C. L. Poff, Jr., and June T. Poff, husband and wife, for the cash sum of $5,750.00, and, upon delivery to the City of a good and sufficient deed of conveyance prepared and executed upon such form and in such manner as is approved by the City Attorney, the City Auditor be, and he is hereby authorized and directed to draw and deliver the City's check payable to the aforesaid owners or as directed by the City Attorne in payment of the purchase price hereinabove authorized to be paid for the aforesaid parcel of land. ATTEST: BE IT FURTHER ORDAINED that Ordinance No. 20175, heretofore adopted by this Council and authorizinq, in paraqraph 3. thereof, a certain other offer to be made for the property hereinabove described, be and said Ordinance No. 20175, is hereby modified and amended to the extent provided herein. BE IT FINALLY ORDAINED that, an emerqency existin9, this ordinance be in full force and effect upon its passaqe. APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of June, 1972. No. 20322. A TTE ST: A RESOLUTION expressin9 the City's appreciation and 9ratitude for contri- butions of money, labor and equipment for plantings in Elmwood Park. WHEREAS, various firms, 9roups and organizations have generously contri- buted money, labor and equipment to the City for plantings in Elmwood Park; and WHEREAS, this Council wishes to recognize and thank those persons respon- sible for such contributions. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council expresses to Roanoke Council of Garden Clubs; Sears, Roebuck and Company- HANDS Foundation; Roanoke Business and Professional Woman's Club; Spade and Trowel Garden Club; Sam Finley, Insurance; Brentwood Garden Club; Castle Rock Garden Club; Tower Hill Garden Club; South Hills Garden Club; K-Mart Store - Roanoke; Yeatts Nursery, Martinsville, Virginia; Rokeva Woman's Club; Vallevue Garden Club; Grandin Court Garden Club; Hill an Dale Garden Club; National Association of Railway Busi- ness Women; Garden Gate Garden Club; Gay Gardeners Garden Club; Laburnum Garden Clu] and Joe Bandy and Son, the sincere appreciation and gratitude of this Council for the generous contributions of money, labor and equipment used for plantings in Elm- wood Park. BE IT FURTHER RESOLVED that the City Clerk transmit to each of the above- named donors an attested copy of this resolution. APPROVED Deputy City Clerk Mayor 468 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of June, 1972. No. 20323. A RESOLUTION' providing for the appointment of a committee to review the City's code of motor vehicle and traffic regulations. WHEREAS, it has been suggested to the Council that a review of the City's ordinances relating to the operation of motor vehicles and traffic regulations and of the various penalties heretofore provided for violations of said ordinances and regulations might be timely, in order to assure that all of the same are consistent with existing State law bearing upon those subjects; in which proposal the Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that a committee be and is hereby appointed, to consist of the City Manager, the City At- torney and the Chief of Police, or a duly designated person or official from those respective offices, together with an attorney at law practicing at the local Bar, who shall be designated by the Roanoke Bar Association or its Board of Directors, whose duties shall be to review the motor vehicle and traffic regulations contained in Chapter 1, of Title XVIII of the Code of the City of Roanoke, 1956, as amended, to assure that the same are consistent with statutes of the Commonwealth and to make recommendation to the Council as to amendments, changes or revisions necessary or advisable to said chapter relating to the regulations contained therein and to the penalties provided for violations of said regulations. BE IT FURTHER RESOLVED that an attested copy hereof be transmitted to the President of the Roanoke Bar Association. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of June, 1972. No. 20321. AN ORDINANCE authorizing the execution of a memorandum of understanding with the 450Oth Air Base Wing, Langley AFB, Virginia, relating to certain use of the Roanoke Municipal Airport in event of national emergency. BE IT ORDAINED by the Council of the City of Roanoke that the City Mana- ger be, and he is hereby authorized and empowered, for and on behalf of the City, 46E ATTEST: to execute and enter into a certain memorandum agreement, entitled Letter of Agree- ment, effective for a period of five (5) years commencing June 1, 1972, with the 4500th Air Base Wing, at Langley AFB, Virginia, providing for said unit's use of certain of the facilities at Roanoke Municipal Airport in the event of national emergency, reimbursement to the City for actual services rendered to be provided by subsequent separate service contract; such agreement to be on form submitted by said unit, a copy of which is on file in the Office of the City Clerk. APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of June, 1972. No. 20324. AN ORDINANCE to amend and reordain Section =90, "Sewage Treatment Fund," of the 1971-72 Sewage Treatment Fund Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec- tion =90, "Sewage Treatment Fund," of the 1971-72 Sewage Treatment Fund Appropria- tion Ordinance, be, and the same is hereby, amended and reordained to read as follo~ in part: SEWAGE TREATMENT FUND ~90 Travel Expense (1) ...................... $500.00 (1) Net increase ............ $300.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTE ST: DeputyCity Clerk APPROVED Mayor 470 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of June, 1972. No. 20325. AN ORDINANCE providing for the City's acquisition of rights from Norfolk g Western Railway Company to a certain railroad siding, necessary for the construc- tion-and operation of unloading facilities for the City's Sewage Treatment Plant; providing for the payment of the costs of constructing said siding; authorizing and directing the City Manager to enter into written agreement with Norf°lk ~ West- ern Railway Company relating to said siding; and providing for an emergency. WHEREAS, in order to construct and operate certain chemical unloading facilities at the City's Sewage Treatment Plant, it is necessary that the City acquire certain rights with respect to a railroad siding on the Norfolk ~ Western Railway Company's railroad right-of-way along Roanoke River, opposite said Sewage Treatment Plant, and on a certain strip of land adjacent thereto in which rights have been or are being acquired by the City from Wells Furniture Company, Inc., which said siding is shown on said Railway Company's Plan N-31410-D dated November 5, 1971, said City to be required to pay to said Railway Company the sum hereinafte provided as the cost of said Company's construction of said siding on the right-of- way of said Company, a portion of which sum may be subject to refund to the City as set out in the siding agreement to be entered into; and WHEREAS, a form of siding agreement prepared for the purpose on said Com- pany's standard form M.W.52 (j) (Rez January 1, 1966) to which is attached a copy of Plan N-31410-D, aforesaid, containing, among others, the terms hereinafter pro- vided, a copy of which said siding agreement is on file in the office of the City Clerk; the general terms of which have been recommended to the Council by the Coun- cil's Sewer Committee and by the City Manager; and funds sufficient to pay for the cost to the City of the said Railway Company's construction of said siding have been appropriated by the Council for the purpose; and WHEREAS, for the usual daily operation of the municipal government and fo the immediate preservation of the public health and safety, an emergency is deemed to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized and directed, for and on behalf of the City, to enter into written agreement with Norfolk ~ Western Railway Company, on said Company's standard form M.W.52 (j) (Rev. January 1, 1966) (four sheets) with copy of Plan N-31410. D attached, pursuant to which said agreement the City, referr. ed to 'therein as the "Industry", will acquire and obtain the necessary rights to the use and operation of a railroad siding and track line on the right-of-way of 47'1 Norfolk ~ Western Railway Company at or near its Mile Post 240+4408 on the north side of Roanoke River, opposite the City's Sewage Treatment Plant on the south side of said River, to connect with an extension of said track onto property of Wells Furniture Company in which the City is acquiring certain easement rights, as said railroad siding is shown on said Company's Plan N-31410-D dated November 5, 1971, such agreement to provide, among other things, the following: (a) That the City will deposit with the Railway Company the sum of $20,500.00 as the cost of said Company's construction except for grading and drain- age, of the aforesaid railroad siding; of which said sum to be deposited, $9,000.00t is subject to refund under Article 8 of said agreement and the balance of $11,500.0~ is not subject to refund. (b) That said Company shall have the right to use the whole or any part of said side track providing such use shall not unreasonably interfere with the use thereof by the City; (c) That the City shall not permit or authorize the use of said side track by or for the benefit of any other person, firm or corporation without the written consent of said Company; (d) That, if the actual cost to said Company of constructing said side track exceeds the estimated cost of such construction, the City, upon receipt of a statement of the.actual cost, will pay to said Company the difference between said actual cost and the sum so deposited with said Company; (e) That the City agree to release and to indemnify and hold said Company harmless from any loss, damage, expense or liability arising from the existence of said siding, from said Company's negligence or from said City's negligence; said agreement to be, otherwise, upon such form and to contain such provisions as are required or approved by the City Attorney. BE IT FURTHER ORDAINED that the proper City officials be, and they are hereby authorized and directed to forthwith and upon the City Manager's execution of the agreement hereinabove authorized to be entered into, issue and deliver to said Railway Company the City's check in payment of the deposit of $20,500.00, aforesaid. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in full force and effect upon its passage. APPROVED ATTE ST: Deputy City Clerk Mayor 472 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of June, 1972. No. 20326. A RESOLUTION accepting the donation from Berglund Chevrolet Company of an automobile to be used for purposes of Youth Haven, a juvenile facility operated under the Juvenile g Domestic Relations Court of the City. WHEREAS, the Council has been informed of the desire and willingness of Berglund Chevrolet Company, a business organization in the City, to give and donate to the City the motor vehicle hereinafter described, to be used by caseworkers of the City's Juvenile ~ Domestic Relations Court and staff members of the facility known as Youth Haven in transporting youths from and to said facility and various functions in which they participate, the City Manager recommending that the offer be accepted and that the vehicle, having been inspected by City personnel, is usabl~ and in reasonable operating condition; and WHEREAS, the Council, being cognizant of the good purposes which may be accomplished by reason of the gift, considers that the City should accept the same. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be and is hereby authorized and directed to accept, in the name of the City, from Berglund Chevrolet Company its gift to the City of one 1965 Ford Country Squire station wagon, to be titled and insured in the name of the City and to be assigned for the use of caseworkers of the Juvenile & Domestic Relations Court of the City of Roanoke and of staff members of Youth Haven, employed by the City, in carrying out the functions and purposes of said Youth Haven; the Council understand- ing that the costs to the City of maintaining and operating said vehicle are reim- bursable by the Commonwealth. BE IT FURTHER RESOLVED that this Council extends to officials of the aforesaid company its appreciation of the gift of said vehicle, to be used for the purposes abovementioned; in testimony whereof, an attested copy of this resolution is directed to be transmitted to the President of said company by the City Manager. ATTEST: APPROVED Deputy City Clerk Mayor 473 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of June, 1972. No. 20328. AN ORDINANCE authorizing and providing for lease by the City of property located at 2330 Orange Avenue, N. E., in the City of Roanoke, from Mary R. Waynick, through Boswell Realty Company, Incorporated, to be used as a Regional Intake Office for the handling of juvenile offenders; upon certain terms and conditions; and pro- vidinq for an emergency. WHEREAS, by report dated June 12, 1971, the City Manager has recommended the leasing of property at 2330 Orange Avenue, N. W., as a regional intake facility for the more efficient processing of juvenile offenders, the cost of which will be 100% reimbursed by State and Federal funds under a Law Enforcement Assistance grant !i for such purpose, in which recommendation Council concurs; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. ,, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized to enter into written lease agreement on behalf of the City with Mary R. Wayniek, through Boswell Realty Company, Incor- porated, for lease by the City of that certain building and property located at 2330 Orange Avenue, N. W., in the City of Roanoke, for use as a Regional Intake Facility for a one-year term commencing July 1, 1972, at a monthly rental of $225.0! providing for year to year renewal of such lease if funds from the Division of Jus- tice and Crime Prevention are so provided and available; such lease to be, other- wise, upon such form as is prepared and approved by the City Attorney. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in effect from its passage. APPROVED ATTEST: Deputy City Clerk Ma yo r , IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of June, 1972. No. 20329. A RESOLUTION providing for a Special Meeting of the Council to be held on Monday, June 26, 1972, at 7:00 o'clock, p.m. 474 BE IT RESOLVED by the Council of the City of Roanoke that a Special Meet- ing of the Council of the City of Roanoke be held at 7:00 o'clock p.m., Eastern Daylight Time, on Monday, June 26, 1972, in the Council Chambers in the Municipal Building, for the purpose of receiving formal report of representatives of National Garages and of considering alternate arrangements in design and review of the pro- posed parking garage; and for the purpose of taking such action in the premises as the Council may then be advised. A TTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of June, 1972. No. 20330. A RESOLUTION granting the request of Roanoke Fair, Inc., that it be allow- ed to operate its fair at Maher Field in the City of Roanoke on Sunday, September 3 1972, between the hours of 2 p.m., and 10 p.m. WHEREAS, Roanoke Fair, Inc., has obtained permit to operate a fair at Maher Field in the City of Roanoke beginning Thursday, August 31, 1972; and WHEREAS, Roanoke Fair, Inc., has requested that it be allowed to operate said fair on Sunday, September 3, 1972, between the hours of 2 p.m., and 10 p.m., to which request the Council is willing to accede. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Roa- noke Fair, Inc., be and is hereby given permission to operate a fair at Maher Field in the City of Roanoke on Sunday, September 3, 1972, between the hours of 2 p.m., and 10 p.m., such operation to comply with each and all of the terms of the existin agreement between Roanoke Fair, Inc., and the City of Roanoke, made through the City's Parks and Recreation Department. APPROVED ATTEST: Deputy City Clerk Mayor 475 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of June, 1972. No. 20327. AN ORDINANCE granting revocable, non-transferable authority to Burrell Memorial Hospital to maintain certain directional signs on the right-of-way of Orange Avenue, N. W., at the intersections of 5th Street and 8th Street, N. W., upon certain terms and conditions. WHEREAS, Burrell Memorial Hospital, located northerly of and adjacent to Orange Avenue, N. W., has requested through the City Manager that it be permitted to erect and maintain certain painted metal directional signs on the right-of-way of Orange Avenue, N. W., at the two street intersections hereinafter stated, for better identification of the location of said hospital; and upon consideration of the request and pursuant to the authority vested in local governing bodies by Chap- ter 10, Title 15.1 of the 1950 Code of Virginia, as amended, this Council is agree- , able to said hospital's proposal and is willing to permit the erection and mainte- nance of said signs on said street right-of-way upon the terms and conditions here- in contained THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that per- ~, mission be and is hereby granted Burrell Memorial Hospital to erect and to temporar- ily maintain a painted metal directional sign, 27 inches by 36 inches, bearing the words "Burrell Memorial Hospital" and displaying an appropriate directional arrow, on metal posts or standards, within the right-of-way of Orange Avenue, N. W., at the intersections of said street with 5th Street, N. W., and with 8th Street, N. W. each such sign to be approved as to materials and design by the City Manager, who shall designate the locations at which each such sign shall be erected, each such sign to be properly and safely maintained at the expense of said hospital, in ac- cordance with requirements of the City Manager and with such of the City s regula- tions and requirements as may be applicable thereto; the maintenance of the afore- said signs to be subject to the limitations contained in § 15.1-376 of the 1950 Code of Virginia, as amended, and the permit herein granted to be non-transferable and revocable at the will of the City Council or the City Manager, it to be agreed by said hospital, as evidenced by its execution of an attested copy of this ordi- nance, that said hospital consents hereto and agrees to indemnify and save harmless I! the City of Roanoke of and from all claims for injuries or damages to persons or property that may in any manner arise by reason of the existence of either such sign; and that, upon notice of revocation of the within permit, mailed or otherwise delivered to said permittee, said permittee shall forthwith remove each such sign from said street right-of-way at no cost whatsoever to the City or, in lieu of such i City shall have the continuing right to remove either or both said siqn~i notice, the at any time in the sole discretion of the City or said City Manager 476' BE IT FURTHER ORDAINED that the provisions of this ordinance shall not become fully effective until such time as a written permit shall have been issued by the City's Building Commissioner to the aforesaid hospital or its duly authorize, contractor or representative, approved as aforesaid by the City Manager, permitting the aforesaid erection, and until an attested copy of this ordinance shall have been duly signed, sealed and attested on behalf of Burrell Memorial Hospital and shall have been filed in the Office of the City Clerk. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of June, 1972. No. 20331. A RESOLUTION approving application of the terms, conditions and provision of Section 23 of the United States Housing Act of 1937, as amended, in the City of Roanoke, Virginia. WHEREAS, under the provisions of Section 23 of the United States Housing Act of 1937, as amended, the Department of Housing and Urban Development is empower. ed to provide financial assistance to local public housing agencies in providing low-rent housing by leasing dwelling units in privately owned structures; and WHEREAS, said Section 23 provides that the provisions thereof shall not apply to any locality unless the governing body thereof by resolution approves the application of such provisions in the said locality. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, that the Council of the City of Roanoke hereby approves the application of the provisions of Section 23 of the United States Housing Act of 1937, as amended, in the City of Roanoke, Virginia, limited to 200 dwelling units. ATTEST: APPROVED Deputy City Clerk Mayor 477 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of June, 1972. No. 20333. ATTEST: AN ORDINANCE exercising the right to purchase two parcels of land situate i in the City of Roanoke, Virginia, adjacent to the existing City of Roanoke Sewage Treatment Plant, and needed for said plant's expansion, upon certain terms and pro- visions; providing for notice of the City's exercise of a written purchase option; providing for payment of the purchase price thereof upon delivery to the City of a deed and for recordation of such deed; and providing for an emergency. WHEREAS, the City of Roanoke, on June 5, 1972, entered into a purchase option agreement with the owners of certain land situate in the City of Roanoke, · Virginia, whereby the City was granted the option to purchase said land upon certain terms and provisions hereinafter set forth; and WHEREAS, the Council, in order to expand the City's Sewage Treatment Plant, deems it necessary to purchase said land for such enlargement of facilities, and funds sufficient for the payment of the purchase price have heretofore been appro- priated by the Council; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City's right to purchase those two certain parcels of land situate in the City of Roanoke, Virginia, being described at Lots 31 and 32, Block 4, Map of Eastover Place, bearing Official Nos. 4330631 and 4330632, respectively, from James E. Almond and Larmie G. Almond, husband and wife, pursuant to written purchase option agreement dated June 1, 1972, made by the City with said parties, be and is hereby exercised, and the City Attorney be and is hereby directed to notify, forthwith, said owners, of the City's aforesaid election, by mailing to them, by certified mail, an attested copy of this ordinance. BE IT FURTHER ORDAINED that, upon certification by the City Attorney of good title to said land and upon delivery to the City of a good and sufficient deed of conveyance, prepared and approved by the City Attorney and made with General War-~ rarity of Title and Modern English Covenants, the City Auditor be and is hereby autho rized and directed to issue and deliver to the City Attorney for delivery to said owners the City's check, payable to James E. Almond and Larmie G. Almond, in the sum of $2,900, in payment of the purchase price of said land; thereafter said deed to be recorded in the Clerk's Office of the Hustings Court of the City of Roanoke, Virginia. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance shall be in force and effect upon its passage. APPROVED 478 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of June, 1972. No. 20334. A RESOLUTION authorizing and directing the payment of an additional sum of $5,223.40 for the construction of the new Norwich Bridge. WHEREAS, the Council by Ordinance No. 19593, adopted March 22, 1971, acce ed the bid of Wiley N. Jackson Company, contractor, for the construction of the new Norwich Bridge, said bid being in the amount of $243,372.60 based upon a unit cost; and WHEREAS, the actual cost of constructing said bridge, based upon the actu~ quantities of work performed, exceeded the contract price provided in Ordinance No. 19593, by the sum of $5,223.40, which amount the City Manager, in report to Council dated June 26, 1972, has recommended be paid to said contractor, in which recommend~ tion the Council concurs; and WHEREAS, there are sufficient funds available within the account provided for said project to pay for the cost of construction. 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 to Wiley N. Jackso~ Co., contractor, the additional sum of $5,223.40 in full and final payment to said contractor for the construction of the new Norwich Bridge, said sum to be in addi- tion to the original contract amount of $243,372.60, and to be paid out of funds appropriated in the account set up for said construction project. ATTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of June, 1972. No. 20335. A RESOLUTION authorizing and directing the payment of an additional sum of $985.00 for professional services in connection with the construction of the new Norwich Bridge. WHEREAS, the City engaged the services of Hayes, Seay, Mattern & Mattern, Architects and Engineers, for professional services in connection with the construc' tion of the new Norwich Bridge, which services included construction supervision, 479 all as set forth in said firm's proposal to the City, which was accepted by the Council by Ordinance No. 18908, adopted October 6, 1969; and WHEREAS, the actual cost of performing the construction supervision autho- rized by said ordinance was greater than the amount authorized for said services, and the City Manager has recommended that such excess cost, viz, $985.00, be autho- rized to be paid; and WHEREAS, there are sufficient funds available within the account provided for said project to pay for the construction supervision services supplied by said firm. 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 to Hayes, Seay, Mattern 5 Mattern, Architects and Engineers, the additional sum of $985.00, as additional compensation for professional services in the form of construction super- vision provided in connection with the construction of the new Norwich Bridge, said sum to be paid out of funds appropriated in the account set up for said constructioi project. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of June, 1972. No. 20336. AN ORDINANCE to amend and reordain Section ~9000, "Schools - Food Service,~," and Section ~8000, "Schools - Fixed Charges," of the 1971-72 Appropriation Ordinance!, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of thei City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec- tion ~*9000, "Schools - Food Services," and Section ~8000, "Schools - Fixed Charges,' of the 1971-72 Appropriation Ordinance, be and the same are hereby, amended and reordained to read as follows, in part: SCHOOLS- FOOD SERVICES =9000 Food (1) .............................. $1,195,716.33 SCHOOLS - FIXED CHARGES =8000 Insurance (2) .......................... 328,385.67 (1) Net decrease $16,537.67 (2) Net increase $16,537.67 48O BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of June, 1972. No. 20337. A RESOLUTION ratifying and confirming the City's revised applications, in three, phases, for Federal Grant for Sewage Treatment Works, including provision for a retention-equalization basin, filed with the Virginia State Water Control Board under date of June 23, 1972. WHEREAS, the Virginia State Water Control Board adopted in July, 1971, a program for the funding over a four-year period of various projects for the develop- ment, expansion and improvement of sanitary sewage treatment and transmission facil- ities within the State of Virginia; and WHEREAS, said schedule of program funding included the sum of $8,000,000.(0 for the enlargement and upgrading of the City of Roanoke Sewage Treatment Plant; and WHEREAS, the City of Roanoke, after extensive program negotiations with the State Water Control Board, submitted to the State Water Control Board, under date of February 29, 1972, through the Fifth Planning District Commission, an Appli- cation for Federal Grant for Sewage Treatment Works, said application being in accordance with the stated program funding; and WHEREAS, on June 15, 1972, in a meeting in Richmond, Virginia, the Execu- tive Director and members of the Staff of the State Water Control Board informed representatives of the City of Roanoke that the program of the State Water Control Board had been found unacceptable to the Environmental Protection Agency (EPA) of the Federal Government, in the form submitted, and that it would be necessary that a number of State agencies and localities, including the City of Roanoke, to submit revised Application for Federal Grants, which new applications would serve as a basis for a new and revised program by the State Water Control Board for submission to the EPA, the revised application of the City of Roanoke being required to be submitted by June 23, 1972; and 481 WHEREAS, the City Manager did on behalf of the City of Roanoke forward by mail on June 23, 1972, a revised Application for Federal Grant, consistent with verbal instructions received at the meeting of June 15, 1972; aforesaid; and WHEREAS, the State Water Control Board at a hearing held March 13, 1972, directed the City of Roanoke to construct, within the City's program of enlargement of the City's Sewage Treatment Plant, a sewage retention/equalization basin, the staff of the Board subsequently rejecting alternates thereto proposed by the City and its consulting engineers; and WHEREAS, the Council of the City of Roanoke at its meeting held June 19, 1972, concurred in the inclusion of a retention/equalization basin in the City's Sewage Treatment Plant enlargement and, accordingly, the City Manager did include in the revised Application for Federal Grant, as submitted June 23, 1972, applica- tion for funds for a retention/equalization basin. ~ NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, Vir- ginia, that said governing body ratify and confirm the submission to the Virginia State Water Control Board of revised applications of said City of Roanoke for Feder Grant for Sewage Treatment Works, said Applications being for the following three (3) Projects, identified on the Applications as "Phases": Phase I Chemical Feed Facilities, Sludge Lagoons and 14 MGD Phase II Primary Expansion. Estimated Project Cost Estimated Eligible Cost Grant Request 30 MGD Retention-Equalization Basin Estimated Project Cost Estimated Eligible Cost Grant Request $2,319,920 2,184,920 1,092,460 $4,542,400 4,542,400 2,271,200 Phase III 14 MGD Expansion of Secondary Facilities and Advanced Waste Treatment Facilities for 35 MGD flow. Estimated Project Cost Estimated Eligible Cost Grant Request $13,504,960 13,504,960 6,752,480. BE IT FURTHER RESOLVED that this governing body doth hereby expressly authorize and doth ratify, confirm and approve the City of Roanoke's three (3) aforesaid applications for Federal Grant for Sewage Treatment Works, made for Pro- ject WPC-Va-370 and for Phase I, Phase II and Phase III, thereof, as hereinbefore set out, dated June 23, 1972, and executed in the name of the City of Roanoke, gir ginia, by Julian F. Hirst, said city's City Manager, and filed with the Virginia State Water Control Board, to which Board said City Manager shall transmit certifie~ copies hereof. ATTEST: Deputy City Clerk APPROVED Mayor 482 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of June, 1972. No. 20338. A RESOLUTION concurring in the recognition of the occurrence of a disas- ter in the Roanoke Valley area, and in the extension of Federal disaster relief aid to the Roanoke Valley communities suffering such disaster. WHEREAS, a large number of persons, business concerns and other organiza- tions and agencies in the Roanoke Valley area have, in recent days, suffered a ma- jor disaster occasioned by extended and heavy downfall of rain resulting in the flooding of ail streams in the area and the highest and most extensive flooding of Roanoke River of which record is known; and WHEREAS, while the area. has been blessed with a minimum of personal in- jury and death as a result of the recent flood, uncounted numbers of dwellings have been seriously damaged or destroyed and their occupants temporarily or permanently displaced from their homes, their land areas have been damaged and made temporarily unusable, and business concerns and other organizations and agencies have suffered heavy damage and loss as a result of the flood waters, little, if any, of all such loss being compensable by any type of insurance; and WHEREAS, this Council considers that a major disaster has occurred in the Roanoke Valley area as a result of such flooding and that the loss to the communi- ties in said area and to the persons, businesses and other organizations and agen- cies by reason of said flood waters is such that State and Federal aid and assist- ance is justified and dictated; and WHEREAS, this body is advised that the President of the United States has proclaimed this community and many other areas of the State to constitute disaster areas, by reason of said flood, so that aid under the Federal Disaster Relief pro- gram may be made immediately available to ameliorate the damage and injury result- ing from said recent disaster. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this governing body joins in concurrence and recognition that a major disaster has occurred in the Roanoke Valley area as a result of the recent extended rainfall and resultant flooding of the streams in Roanoke Valley, and calls upon the State and the Federal government to take steps to afford to the communities therein and to the persons and business concerns and other organizations and agencies suffering injury and damage from said flood waters ali public aid and assistance as is neces- sary and appropriate to meet the emergency. ATTEST: BE IT FURTHER RESOLVED that the City Clerk forthwith transmit attested copies hereof to the Governor of Virqinia, in Richmond, and to the President of the United States of America, at Washinqton. APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of June, 1972. No. 20339. A RESOLUTION imposinq a moratorium on the employment of new personnel in the city qovernment administration durinq Fiscal Year 1972-1973. WHEREAS, in order to effect economy in the city 9overnment the Council deems it advisable to impose a moratorium on the employment of personnel by the City, who would, otherwise, be compensated out of the City's budget for Fiscal Year" 1972-1973. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manaqer be and he is hereby directed, effective as of July 1, 1972, and until such time as may be otherwise directed by the City Council, to refrain from employ- ing and from approving employment of any new personnel in the city government ad- ministration, to be compensated under the City's budget for Fiscal Year 1972-1973, save and except in the followinq instances or situations, viz: a. as to positions provided for in the 1972-1973 City Budget which are vacant on July 1, 1972, b. as to Range 7 and 8 positions, c. as to laborers in the Sanitation Department, d. as emergency situations provided for in Sec. 41 of the City Charter; and e. where prior Council permission is obtained. APPROVED A TTE ST: /~/~Pu~ Deputy City Clerk Mayor 484 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of June, 1972. No. 20340. A RESOLUTION establishing Monday, July 3, 1972, as a legal holiday for the current year only. WHEREAS, Independence Day, 1972, falls on Tuesday and, accordingly, if the preceding Monday is made a legal holiday, many of the employees of the City would be afforded a holiday from their normal duties not presently provided for, and those other regular employees of the City whose duties necessarily require them to work on that day would, by appropriate arrangement of their respective depart- ment heads, be similarly allowed, on some other day, eight (8) hours time off as an equivalent holiday. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that, for the calendar year 1972 only, Monday, July 3, 1972, shall be observed as a legal holiday for all departments and offices of the Roanoke municipal government, except as may be otherwise provided by law, and except as to such members of the police, fire and other departments of the City who are, by the nature of their duties, re- quired to work on that day and, for such other regular employees, the City Manager shall arrange through respective department heads that each such other employee shal receive eight (8) hours equivalent time off during the calendar year 1972. APPROVED ATTE ST: ~67~-~ Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of June, 1972. No. 20341. A RESOLUTION changing the date of a regular weekly meeting of the Council of the City of Roanoke. BE IT RESOLVED by the Council of the City of Roanoke that the regular meeting of the Council provided to be held on July 3, 1972, at 2:00 o'clock, P.M., be, and is hereby changed so that the weekly meeting of the City Council for the week of July 3, 1972, be held, instead, on the 5th day of July, 1972, at 2:00 o'cloc P.M., in the Council Chambers on the fourth floor of the Municipal Building. A TTE ST: APPROVED Deputy City Clerk Mayor 485 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of June, 1972. No. 20342. A RE SOLUTION commending Congressman Richard H. Poff and other representa- tives from Virginia in the House of Representatives for their support before that body of certain revenue-sharing legislation pending in the Congress, and calling upon the Senators from Virginia to support speedy enactment of such legislation in the United States Senate. WHEREAS, this body is gratified to be informed that the revenue-sharing measure, pending in the Congress as H. R. 14370 and which would provide for the sharing of Federal revenues with the States and local governments over the next five years, retroactive to January 1, 1972, was approved on June 21, 1972, by the House of Rep re sentatives; and WHEREAS, this body is informed that the Honorable Richard H. Poff, by his active and effective support of the legislation, was largely instrumental in obtain- ing the 274-122 vote of approval which the measure received in the House of Repre- sentatives, and that said measure now lies in the United States Senate and be fo re the Senate Finance Committee; and WHEREAS, this Council considers it essential that a means, such as said present form, be ordered so as to supplement the dwindling revenu~ H. R. 14370 in its sources of local governments so that local government once more can be made effectiv~ and viable. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this body recognizes and commends Congressman Richard H. Poff and other Virginia congress~ men for their outstanding and effective support be fo re the House of Representatives of the revenue-sharing legislation recently approved by the House as H. R. 14370; and said Council respectfully renews its urging to the two Senators from Virginia to obtain for said legislation si mi lar approval of the United States Senate and of the Senate Finance Committee now considering the same. BE IT FURTHER RE SOLVED that attested copies he re of be transmitted by the City Clerk to Congressman Richard H. Poff, to Senator Harry F. Byrd, Jr. and to Senator William B. Spong. ATTEST: Deputy City Clerk APPROVED ~ayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of June, 1972. No. 20343. AN ORDINANCE establishing and fixing a use and service charge for certain enplaning passengers utilizing premises or facilities at Roanoke Municipal (Woodruml Airport; codifying the provisions hereof as Chapter 5.1 of Title VIII, of the Code of the City of Roanoke, 1956, as amended; providing for an emergency; and providing for the effective date of this ordinance. WHEREAS, the City of Roanoke is a municipal corporation, established unde the Constitution and laws of the Commonwealth of Virginia, and is charged with the responsibility and duty of controlling, operating, improving and regulating the Roanoke Municipal (Woodrum) Airport and is empowered to adopt rules, regulations, and ordinances in respect to the use of the Airport or any part of its facilities by tenants or members of the general public and to charge reasonable and adequate fees, charges and rents for the use of Airport property and services rendered in th~ operation thereof; and WHEREAS, the use of the taxiways, runways, terminal building, hangars and facilities at the Roanoke Municipal (Woodrum) Airport has increased to such an ex- tent that the facilities are now inadequate to serve properly and effectively the people of the City of Roanoke and surrounding areas and the traveling public gener- ally, arriving at and departing from said Airport; and WHEREAS, additional lands, taxiways, runways, terminal buildings and other facilities are required to increase the facilities and to adequately serve the peo- pie of said City of Roanoke and surrounding areas and the traveling public in the future; and WHEREAS, the City provides and maintains terminal buildings, landing and take-off facilities for the use and benefit of arriving and departing airplane pass~gers; and WHEREAS, the Council has determined that additional revenues are required to finance in part the cost of required additional improvements and facilities to be used by arriving and departing airplane passengers; and WHEREAS, the Council has determined that such departing airplane passen- gers should contribute to the cost of maintaining the facilities now available and to the cost of providing additional facilities; and WHEREAS, for the usual daily financial operation of the City and of its municipal airport, an emergency is set forth and declared to exist in order that this ordinance take effect upon the date hereinafter provided. 48? THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, that Title VIII of the Code of the City of Roanoke, 1956, as amended, be and is hereby amended by the addition of a new chapter thereto, to be numbered Chapter 5.1, to read and provide as follows: Chapter 5.1. charae. Airpl0Be Boqrder's use ~d service Sec. 1. Commencing on September 1, 1972, there is hereby fixed, established and imposed a use and service charge of One Dollar ($1.00), to be paid by epch passen- ger enplaning any commercial scheduled aircraft operated from the Roanoke Municipal (Woodrum) Airport. Sec. 2. Each commercial air carrier of passengers now or hereafter operating commercial aircraft to and from Roanoke Municipal (Woodrum) Airport is hereby charged, together with its various agents and travel agencies, servants, employees and representatives, with the responsibility of collecting said use and service charge. Sec. 3. Ail said commercial air carriers are hereby further charged with the responsibility of remitting to the City of Roanoke, through its Airport Manager all the use and service charges so collected on or before the 25th day of the calendar month next succeeding that for which the charges are required to be paid and collected, such remittance to be accompanied, upon form to be provided by the City's Airport Manager, by written certification of the number of passengers enplaning said commercial air carriers' aircraft during the preceding month. Said remittances shall be based upon the number of enplaning passengers at Roanoke Municipal (Woodrum) Airport as hereinabove described in Section 2 of this ordinance, times the use and service charge of One Dollar ($1.00), less five percent (5%) of all amounts so collected, which percentage is hereby allocated and allowed to said air carriers for the purpose of defray- ing the administrative costs of collecting and remitting said use and service charge. Sec. 4. If any person shall fail or refuse to remit to the City's Airport Manager the use and service charges required to be collected and remitted under this ordinance within the time and in the amount specified in this ordinance, there shall be added to such use and service charge by the City's Airport Manager, interest at the rate of eight per cent per year on the amount of the use and service charges for each month or portion thereof from the date upon which the use and service charges are due as provided in this ordinance, and if said use and service charges shall remain delinquent and unpaid for a period of one month from the date the same are due and payable, there shall be added thereto by the City's Airport Manager a penalty of ten per cent of the amount of the use and service charges. Sec. 5. Except as provided in this section, the term "each passenger enplaning any commercial aircraft operated from Roanoke Municipal (Woodrum) Airport", shall include every person enplaning or boarding any scheduled aircraft from Roanoke Municipal (Woodrum) Airport, but the term shall not include, nor shall the use and service charge hereby imposed, apply to any active members of the United States Armed Forces traveling under orders enplaning air- craft at Roanoke Municipal (Woodrum) Airport, or any person purchasing an airline ticket having, as an initial point of departure, a locality other than Roanoke Municipal (Woodrum) Airport, and whose flight either terminates or requires an intermediate or temporary stop at Roanoke Municipal (Woodrum) Airport. 488 Sec. 6. All revenue collected from said use and service charges shall be held by the City of Roanoke in a separate fund and used for the purpose of defraying the present and future costs incurred by said City in the construction, improvement and equipment of said airport and its facili- ties for the continued use and future enjoyment by all users thereof. Sec. 7. If any provision or clause of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other pro- visions or applications of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in full force and effect upon and after September 1, 1972. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of June, 1972. No. 20344. AN ORDINANCE amending and reordaining Sec. 92. Duties of police officers in reoard to meters: ~enaltv for unlawful ~arkino: D~yment; and Sec. 151. Penalties, of Chapter 1. Traffic Code, of Title XVIII, of the Code of the City of Roanoke, 1956, as amended, by increasing, in certain instances, the penalties for violation of provisions of said chapter; providing for an emergency, and providing for the effective date of this ordinance. WHEREAS, the City Manager has recommended that the monetary penalties for violation of certain parking and traffic offenses be increased, in which recommenda- tion the Council concurs; and WHEREAS, for the usual daily operation of the municipal government, and for the preservation of the public safety, an emergency is declared to exist in or- der that this ordinance take effect upon the date hereinafter set forth. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec. 92. Duties of Doli~e offi~r~ i8 regard ~o meters; penalty for unlawful ~arkin0; payment; and Sec. 151. Penalties, of Chapter 1. Traffic Code, of Title XVIII. of the Code of the City of Roanoke, 1956, as amended, be and said sections are hereby amended and reordained so as to read and provide as follows: Sec. 92. D~ties of police officers in re~ard to meters; ~enaltv for unlawful parking: payment. 489 Each police officer charged with the duty of en- forcing the sections of this division shall take the number of any meter at which any vehicle is over- parked, the vehicle tag number of such vehicle, the length of time during which such vehicle is parked in violation of any section of this division, and report the same to the police department and make proper complaint touching such violation. Each such officer shall attach to such vehicle a notice to the owner or operator thereof that such vehicle has been parked in violation of a provision of the sections of this division and instructing such owner or operator when and where to report with reference to the violation. Each such owner or operator may, within seventy-two hours of the time when such notice was attached to such vehicle, voluntarily appear at the clerk's office of the municipal court during regular working hours or, outside of such hours, at the traffic bureau of the police department, and waive his right to be formally tried for such offense and pay at either such place, as penalty for and in full satisfaction of such violation, the sum of two dollars for each hour, or fraction thereof during which such vehicle occupied such parking space in violation of any of the provisions of the sections of this division. The failure of such owner or operator to make such payment at one of the places above provided, within seventy-two hours, shall render such owner or operator subject to the penalties herein- after provided in section 151 and the sections of this division in this chapter. The City Manager may, with the prior approval of the City Council as expressed by a resolution, establish and maintain safe depositories on the streets of the city wherein voluntary payment of the two dollar penalty pro- vided for in the preceding paragraph may be made under such provisions for accounting and financial control as may be prescribed by the City Auditor. Sec. 151. Penalties. (a) It shall be unlawful and constitute a misdemeanor for any person to violate any of the provisions of this chapter. Every person convicted of an offense under this chapter for which no other penalty is provided shall, except as otherwise provided in this section, for a first conviction thereof, be punished by a fine of not less than five dollars nor more that one hundred dollars, or by imprisonment in jail for not less than one nor more than ten days, or by both such fine and imprisonment; for a second such conviction within one year such person shall be punished by a fine of not less than ten dollars nor more than two hundred dollars or by imprisonment in jail for not less than one nor more than twenty days, or by both fine and imprisonment; for a third or subsequent conviction within one year such person shall be punished by a fine of not less than twenty-five dollars nor more than five hundred dollars or by imprisonment in jail for not less than ten days nor more than six months, or by both such fine and imprisonment; provided, however, that the punishment hereinabove provided for second and sub- sequent violations shall not apply to any of the offenses mentioned in subsections (b) and (c) of this section; provided further that upon trial and conviction of any offense mentioned in subsections (b) and (c) of this section, such person shall be punished by a fine of not less than five dollars nor more than fifty dollars, or by a jail sentence not to exceed ten days, or by both such fine and jail sentence. (b) Every person receiving written notice from a police officer in form approved by the City Manager that he has: (1) Parked a vehicle or allowed or caused the same to remain standing or stopped in violation of the provi- sions of section 82 of this chapter; or , 90 (2) Parked a vehicle after a snowfall on a street where such parking is prohibited by section 83 of this chapter; or (3) Caused, allowed, permitted or suffered any vehicle owned or operated by him to remain parked overtime or beyond the lawful period of time in violation of section 88 or section 89 of this chapter; or (4) Deposited in a parking meter a coin or coins for the purpose of extending a lawful parking time in viola- tion of section 90 of this chapter; or (5) Parked a vehicle improperly in a parking meter space in violation of sections 93 or 94. of this chapter; or (6) Parked a vehicle on a highway or other public space on which parking of vehicles is prohibited at the time by rule or regulation, made and promulgated by the City Manager, in violation of section 14 of this chapter may waive his right to appear and to be formally tried for the offense set forth in the notice and upon the voluntary payment, within seventy-two hours, of two dollars to the clerk of the municipal court during office hours or, outside such hours, to the traffic bureau of the police department, shall not be required to appear before the municipal court for trial upon the charge set forth in such notice. (c) Every person receiving written notice from a police officer in form approved by the City Manager that he has: (1) Turned a vehicle on a highway in violation of sections 55 or 56 of this chapter; or (2) Failed to give a signal required by section 57 of this chapter, before starting, stopping or turning a vehicle on a highway in violation of this section; or (3) Parked, stopped or left standing a vehicle upon a highway in a manner prohibited by section 81 of this chapter and in violation thereof; or (4) Parked a truck in a residence district of the city in violation of section 84 of this chapter; or (5) Parked a vehicle upon a highway during the period from a half hour after sunset to a half hour before sun- rise in violation of section 85 of this chapter may waive his right to appear and be formally tried for the offense set forth in such notice and upon voluntary pay- ment, within seventy-two hours, of five dollars to the clerk of the municipal court during office hours or, outside such hours, to the traffic bureau of the police department, shall not be required to appear before the municipal court for trial upon the charge set forth in such notice. BE IT FURTHER ORDAINED that, an emergency existing, the provisions of this ordinance shall be in full force and effect upon and after September 1, 1972. A P P R 0 ¥ E D ATTEST: Deputy City Clerk Mayor 491 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of June, 1972. No. 20345. AN ORDINANCE amending Title VI. Taxation, of the Code of the City of Roa- noke, 1956, as amended, by the addition thereto of a new chapter, numbered 5.1., levying an admission tax on persons paying an admission charge or who are admitted free when an admission charge is paid by others to places of amusement or entertain~ ment, defining admission charge and place of amusement or entertainment, fixing the amount of said tax, providing for the collection thereof, prescribing penalties for its violation; providing for an emergency; and providing for the effective date of this ordinance. WHEREAS, in order for this ordinance to take effect upon the date herein- after provided, and for the usual daily financial operation of the City of Roanoke and for the immediate preservation of the public peace, property health and safety, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of l~oanoke that Titl~ VI. Taxation, of the Code of the City of Roanoke, 1956, as amended, be and said title is hereby amended by the addition thereto of a new chapter, to be numbered chapter 5.1. and to read and provide as follows: Chapter 5.1. Admissions Tax 1. Definitions. The following words and phrases, when used in this ordinance, shall for the purposes of this ordinance have the following respective meanings except where the context clearly indicates a different meaning: (a) ADMISSION CHARGE. The charge made for admission to any amuse- ment or entertainment, exclusive of any federal tax thereon, but including a charge made for season tickets, whether obtained by contribution or subscription, and in- cluding a cover charge or a charge made for the use of seats or tables, whether reserved or otherwise, and for similar accomodations, in the City of Roanoke. (b) PLACE OF AMUSEMENT OR ENTERTAINMENT. Any place in the City of Roanoke including the Roanoke Civic Center, Victory Stadium and Athletic Field, wherein or whereat any of the following are located, conducted, performed, exhibite~ or operated and for which an admission charge is made: a circus, a carnival, a me- nagerie, a moving picture show, a fair, a show or an exhibition of any kind; a dance, a baseball, basketball or football game; a wrestling match or a boxing match or a sport of any kind; a swimming contest or exhibition; a swimming pool; a concert; a theatrical, vaudeville, dramatic, operatic or musical performance or a performance similar thereto; a lecture, talk, literary reading or performance similar thereto; an attraction such as a merry-go-round, ferris wheel, roller coaster, leap-the-dips 492 or the like; an automobile race, a midget auto race, or a horse race; a horse show; and ice skating or roller skating rink or arena; or any other public amusement, per- formance or exhibition. The foregoing enumeration of specific amusements and entertainments shall not be deemed to exclude other amusements and entertainments otherwise within the meaning of those words. (c) CITY TREASURER. The treasurer of the City of Roanoke. (d) COMMISSIONER OF THE REVENUE. The commissioner of the revenue for the City of Roanoke. (e) LICENSE INSPECTOR. The license inspector of the City of Roanoke (f) PERSON. Any individual, corporation, company, association, firm, copartnership, or any group of individuals acting as a unit. 2. TAX. Effective September 1, 1972, and thereafter, a tax of one cent for each twenty cents, or fraction thereof in excess of nine cents, of the amount paid for the admission to any place of amusement or entertainment is hereby levied upon and shall be collected from every person who pays an admission charge to such a place. If any person (except those set forth in sub-section 9 of this ordinance) be admitted free to any place of amusement or entertainment at any time~ when an admission charge is made to other persons, an equivalent tax is hereby levied upon, and shall be collected from, such person so admitted free of an admis- sion charge, which tax shall be based on the price charged to such other persons of the same class for the same or similar accomodations, 3. COLLECTIONS. Beginning September 1, 1972, and thereafter, every person receiving any payment for admission to any place of amusement or entertain- ment with respect to which a tax is levied under this ordinance, shall collect the amount of tax hereby imposed from the person making an admission payment at the time of the payment of such admission, or from the person admitted free at the time of such admission. If tickets or cards of admission are issued, the tax shall be col- lected at the time of the issuance of such tickets or cards. The taxes required to be collected hereunder shall be deemed to be held in trust by the person required to collect the same until remitted as hereinafter required. 4. REPORT. The person collecting any such admission tax shall make out a report upon such forms and setting forth such information as the commissioner of the revenue may prescribe and require, showing the amount of admission charges collected, exclusive of the federal tax thereon, and the tax from the admissions for which he is liable, and shall sign and deliver the same to the commissioner of the revenue with a remittance of said tax. Said reports and remittances shall be made on or before the last day of each month covering the amount of tax collected during the preceding month, the first report and remittance hereunder being due on or before the 31st day of October, 1972, covering the amount of tax collected during September 1, 1972. Any person operating a place of amusement or entertainment whereat amusement or entertainment is furnished regularly throughout the year may, upon written application to, and with the written consent of, the commissioner of the revenue, make reports and remittances on a quarterly basis in lieu of the month-i ly basis hereinbefore provided. Such quarterly reports and remittances shall be made on the last days of April, July, October, and January in each year, and shall cover the amounts collected during the three months immediately preceding the month~ in which reports and remittances are required. If the remittance is by check or money order, the same shall be payable to the City of Roanoke, and all re mittances received hereunder by the commissioner of the revenue shall be promptly turned over~' to the City Treasurer. 5. INTEREST AND PENALTIES. If any person shall fail or re fuse to remit to the commissioner of the revenue the tax required to be collected and paid under this ordinance within the time and in the amount specified in this ordinance, the re shall be added to such tax by the commissioner of the revenue interest at the rate of eight percent per year on the amount of the tax for each month or portion thereof from the date upon which the tax is due as provided in this ordinance, and if said tax shall remain delinquent and unpaid for a period of one month from the date the same is due and payable, there shall be added thereto by the commissioner of the revenue a penalty of ten per cent of the amount of the tax. 6. FAILURE TO COLLECT AND REPORT TAX. If any person shall fail or refuse to collect said tax and to make, within the time provided in this ordinance, any report and remittance required by this ordinance, the commissioner of the reve- nue shall proceed in such manner as he may deem best to obtain facts and informatio~ on which to base his estimate of the tax due. As soon as the commissioner of the revenue shall procure such facts and information as he is able to obtain upon which to base the assessment of any tax payable by any person who has failed or refused to collect the same and to make such report and remittance, he shall proceed to determine and assess against such person the tax and penalties provided for by this ordinance and shall notify such person by registered mail sent to his last known place of address of the total amount of such tax and interest and penalties, and thc total amount thereof shall be payable within ten days from the date of such notice. 7. RECORDS. It shall be the duty of every person liable for the collection and payment to the city of any tax imposed by this ordinance to keep and preserve, for a period of two years, such suitable records as may be necessary to determine the amount of such tax as he may have been liable for the collection of and payment to the city, which records the commissioner of the revenue shall have the right to inspect at all reasonable times. 494 8. CESSATION OF BUSINESS. Whenever any person required to collect and pay to the city a tax under this ordinance shall cease to operate or otherwise dispose of his business, any tax payable hereunder to the city shall become immedi- ately due and payable and such person shall immediately make a report and pay the tax due. 9. EXCEPTIONS. No tax shall be payable hereunder by the following if admitted to any place of amusement or entertainment free: (a) A bona fide officer or employee of the operator of such a place (b) Any federal, state, city, county or town official or employee on official business. (c) Any person whose admission to such a place is required for the performance of some duty or work for the operator of such a place. (d) Any newspaper reporter, photographer, telegrapher, radio announ- cer, or person performing a similar vocation who is admitted for the performance of special duties in connection with any event and whose special duties are the sole reason for his or her presence. (e) A child under twelve years of age. 10. TEMPORARY PLACES OF AMUSEMENT OR ENTERTAINMENT. Whenever any place of amusement or entertainment makes an admission charge which is subject to the tax herein levied and the operation of such a place is of a temporary or tran- sitory nature, the commissioner of the revenue shall require the report and remit- tance of the admission tax to be made on the day following its collection if the operation is for one day only, or on the day following the conclusion of a series of performances or exhibitions conducted or operated on more than one day, or at such other reasonable time or times as he shall determine. Before any such temporary or transient amusement or entertainment shall begin operation, and before any license shall be issued therefor, if a license is required, the person operating the same shall deposit with the City Treasurer a sum of money, or in lieu thereof a bond with corporate surety conditioned upon the faithful compliance with this ordinance and in form approved by the city attorney, in an amount to be estimated by the commissioner of the revenue as sufficient to cover the admission tax required to be collected by such person under the provision. of this ordinance, which money or bond shall be security for the collection of, and payment to, the city of the admission tax. At the conclusion of such transitory or transient operation in the City of Roanoke, such person shall file with the com- missioner of the revenue the report required by this ordinance and pay the tax col- lected to the treasurer of the City of Roanoke. Upon such report being filed and payment being made, the City Treasurer shall refund the said deposit, or surrender the bond, as the case may be. Should any person fail to file such report or pay such amount of tax collected within five days from the termination of the operation of said amusement or entertainment, the commissioner of the revenue may thereupon assess such person with the tax computed on the basis of the best information available to him and pro- ceed to collect the tax out of the deposit, or by virtue of the bond, and by any other lawful means. 11. ADMISSION CHARGE OF LESS THAN TEN CENTS. Where the admission charqe is less than ten cents, no tax shall be payable. Amounts paid for admission by season tickets or subscription shall be exempt only if the amount to be charqed the holder or subscriber for a sinqle admission is less than ten cents. 12. SEASON TICKETS. Where season or other tickets have been sold or obtained or the charqes for boxes have been paid prior to the effective date of .: this ordinance, for admission to any place of amusement or entertainment durinq the effective period of this ordinance, the tax levied by this ordinance shall'be paid ~ and collected at the time of admission and shall be based on the amount paid for su~ ticket or box, exclusive of any federal tax thereon, divided by the number of ad- missions such ticket or payment for use of a box would entitle the holder to. 13. PENALTY. Any person violatinq or failin9 to comply with any of the provisions of this ordinance shall, upon conviction thereof, be fined not less than five dollars nor more than five hundred dollars, and each such violation or failure shall constitute a separate offense. Such conviction shall not relieve any such person from the payment, collection or remittance of said tax as provided in this ordinance. 14. LICENSE INSPECTOR--POWERS AND DUTIES. It shall be the duty of the license inspector to ascertain the name of every person operatinq a place of amusement or entertainment in the City of Roanoke, liable for the collection of the tax levied by this ordinance, who fails, refuses or neqlects to collect the tax or to make, within the time provided by this ordinance, the reports or remittances required herein. The license inspector and his duly authorized deputies may have a summons or warrant of arrest issued for such person, and may serve a copy of such summons or execute such warrant upon such person in the manner provided by law and shall make one return of the oriqinal to the civil and police justice of the City of Roanoke. Police powers be and they are hereby conferred upon the license inspec- tor and his duly authorized deputies while enqaqed in performinq their duties as such under the provisions of this ordinance and they shall exercise all the powers and authority of police officers in performinq such duties. 15. INVALIDITY.. If any part of this ordinance shall for any reason be adjudqed invalid, such invalidity shall not affect the parts which are not ad- j udqed invalid. z 96 BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in full force and effect on and after September 1, 1972. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of June, 1972. No. 20346. AN ORDINANCE to amend and reordain subsection 1. Passepqer motor vehicles for hire; subsection 4. Private passenger motor vehicles; etc, subsection 5. Tr~il- ers or semitrailers desianed for h~maD use by human beings; and.subsection 6. Motorcycles, motor bikes and tr~motorcycles, of Article IV. Licenses, Chapter 1. Tr~ffi~ Code, Title XVIII, Code of the City of Roanoke, 1956, as amended, providing for certain increases in the City's annual license fees to be levied on certain motor vehicles for the license year commencing May 1, 1973; and providing for an emergency. WHEREAS, in order to provide revenue to the City for its general purposes as authorized by its Charter and by §46.1-65 of the 1950 Code of Virginia, as amend- ed, the Council deems it necessary to levy and charge certain increased annual license fees upon motor vehicles, trailers and semitrailers as hereinafter provided such increased license fees to be made applicable to all motor vehicles, trailers and semitrailers licensable by the City for the license year commencing May 1, 1973 and for each license year thereafter; and WHEREAS, it is necessary for the usual daily operation of the municipal government t~ t this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that sub- section 1. Passen0er motor vehiqle~ for hire; subsection 4. Private Das~enaer motor vehicles; subsection 5. Trailers or semitrailers desianed for human ~e by h~m~D ~; and subsection 6. Motorcycles. motor bikes and trimotorcvcles, of Article IV. Licenses, Chapter 1, Traffic Code, Title XVIII, Code of the City of Roanoke, 1956, as amended, be, and said subsections are hereby amended and reordained to rea( and provide as follows: ~ 1. Passenoer motor vehicles for hire. (a) For each motor vehicle, trailer or semitrailer kept or used for rent or for hire or operated under a lease without chauffeur for the transportation of passengers, the annual license tax shall be $5.00 in addition to 80¢ per hundred pounds of weight or major fraction thereof. 497 (b) For each taxicab and other vehicle kept for rent or hire operated with a chauffeur for the transportation of passengers, the annual license tax shall be $5.00 in addition to 90¢ per hundred pounds of weight or major fraction thereof. The provisions of subsections (a) and (b), above, shall not apply to vehicles used as common carriers. 4. Private passenger motor vehicles, not motorcycles. (a) For each passenger car with seating capacity for less than ten adult persons including the driver, if such passenger car is not used for the transportation of passengers for compensation and is not kept or used for rent or for hire, or is not operated under a lease without a chauffeur, an annual license tax of $15.00, and, when any such car shall weigh more than four thousand pounds, an additional tax of $5.00. (b) For each private motor vehicle other than a 'motorcycle with a normal seating capacity of more than ten adult persons including the driver if such private motor vehicle is not used for the transportation of passengers for compensation and is not kept or used for rent or for hire or is not operated under a lease without chauffeur, an annual license tax of 30¢ per one hundred pounds of weight or major fraction thereof, but in no case less than $15.OO, and, when any such motor vehicle shall weigh more than four thousand pounds, an additional tax of $5.00. (c) For other passenger-carrying vehicles, an annual license tax of $5.00 in addition to 70¢ per hundred pounds of weight or major fraction thereof. Trailer~ or semi~railers desi0ned for use as livin.q quarters for human beings. For each trailer or semitrailer designed for use as living quarters for human beings, an annual license tax of $11.25. ~totorcycles, motorbikes, trimotorc¥cles, a~d side c~rs. (a) For each motorcycle, motorbike and tri- motorcycle, an annual license tax of $7.50. (b) For each sidecar, an annual license tax of $3.00. BE IT FURTHER ORDAINED that the provisions of this ordinance shall be applicable to motor vehicle licenses issued for the City's motor vehicle license tax year commencing May 1, 1973, and thereafter, until which time nothing herein contained shall be construed to effect or repeal any provision contained in subsec- tions 1, 4, 5 and 6 of Sec. 28, Chapter 1, Title X¥III, Code of the City of Roanoke 1956, as amended, and as referred to herein. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in force upon its passage. APPROVED ATTEST: Deputy City Clerk Mayor 498 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of June, 1972. No. 20347. AN ORDINANCE amending Chapter 3. Sanitary Reoulatio~s, of Title XIII, Health, of the Code of the City of Roanoke, 1956, as amended, by the addition of a new section thereto, designated Sec. 5.1, which would provide for the collection of bulk trash container units at any location and for certain charges in certain instances for such collection; providing for an emergency; and providing for the effective date of this ordinance. WHEREAS, the City Manager has recommended to the Council the advisability of making a certain amendment to the provisions of the City Code relating to the collection of garbage so as to provide for the collection of bulk trash container units at any location and for certain charges in certain instances for such collec- tion, in which recommendation the Council concurs; and WHEREAS, for the usual daily operation of the municipal government, an emergency is declared to exist in'order that this ordinance take effect upon the date hereinafter prescribed, and the Council deems it advisable and proper that the provisions of this ordinance take effect upon August 1, 1972. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Chap- ter 3, Sanitary Requl~ions, of Title XIII, Health, of the Code of the City of Roa- noke, 1956, as amended, be, and said Chapter is hereby amended by the addition of a new section, to be numbered Sec. 5.1., and to read and provide as follows: Sec. 5.1. Collection of refuse in bulk'co~t~i~er units: charaes therefor. The City shall provide for the collection of not more than three (3) bulk container units of refuse per week at each location without charge to the owner or occupant thereof; in any week, for each additional collection of a bulk con- tainer unit at such location, there shall be a charge of $5.00 per unit imposed upon the occupant situate at such location. The term "bulk container unit" shall be held to mean a metal container of not less than one-half cubic yard nor larger than eight cubic yards in capacity and shall be construc- ted so that it may be mechanically lifted onto a standard City vehicle upon collection. The unit shall have doors on both sides and a door on the top. The unit shall be placed at a location on the premises satisfactory with the superintendent of refuse collec- tion and the refuse in such container shall be the only refuse removed from the premises by the City, except as provided in sections 6 and 9 of this chaPter. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in force and effect upon and after August 1, 1972. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of June, 1972. No. 20348. AN ORDINANCE fixing the annual compensation of certain unclassified officials and employees of the City; and providing for an emergency. WHEREAS, the Council, constituted as a committee of the whole by Resolu- tion No. 20358, adopted June 26, 1972, has submitted its report and recommendation for fixing the salaries of the officers and employees o:f the City placed in the un- classified service pursuant to Title 2, Chapter 13, Section 7, of the Code of the City of Roanoke, 1956; and WHEREAS, funds sufficient to pay for the increased compensation herein fixed are being appropriated by the Council in the City's 1972-73 Budget; and WHEREAS, i't is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the annual compensation of the following unclassified officials and employees of the City be, and the same is hereby, fixed at the following sums, effective as of the 1st day of July, 1972: Virginia L. Shaw, Clerk Julian F. Hirst, Manager William F. Clark, Assistant Manager James N. Kincanon, Attorney A. N. Gibson, Auditor L. L. Koontz, Jr., Judge, Juvenile and Domestic Relations Court Beverly T. Fitzpatrick, Chief Municipal Judge James P. Brice, Judge, Municipal Court George B. Dillard, Judge, Municipal Court Extra Judges ~ Clerks - Municipal Court Charles S. McNulty, Jr., Assessor Bueford B. Thompson, Purchasing Agent Donald W. Graham, Personnel Director Bernice F. Jones, Director of Public Welfare Corinne B. Gott, Superintendent Genevieve Camden, Senior Casework Supervisor M. David Hooper, Superintendent of Police A. K. Hughson, Fire Chief Lewis G. Leftwich, Building Commissioner Vacant, Director of Public Works $ 10,518.00 30,696.00 18,006.00 21,180.00. 18,384.00 18,414.00 20,706.00 17,322.00 17,322.00 60.00 per day 16,500.00 12,750.00 13,344.00 14,022.00 12,852.00 10,812.00 16,566.00 13,866.00 12,750.00 16,806.00 5;0'0 S. H. McGhee, City Engineer Marshall L. Harris, Airport Manager Rex T. Mitchell, Jr., Director of Recreation Nancy E. Himes, Library Director Lothar Mermelstein, Planning Director H. S. Zimmerman, Superintendent, Sewage K. B. Kiser, Manager, Water Department James K. Campbell, Civic Center Director Jerome S. Howard, Commissioner of Revenue Johnny H. Johnson, Treasurer R. L. Lawrence, Commonwealth's Attorney Paul J. Puckett, Sheriff Walker R. Carter, Jr., Clerk of Courts Patricia Testerman, Deputy Clerk R. T. Johnson, Deputy Clerk Mary K. Goodwin, Deputy Clerk M. J. E. Floyd, Deputy Clerk Ruth K. Dillard, Deputy Clerk Clara K. Gray, Deputy Clerk Vacant, Deputy Clerk Margaret Byrd, Deputy Clerk and Photographer Lena M. Testerman, Deputy Clerk C. A. Mason, Deputy Clerk Virginia C. Wright, Deputy Clerk Patricia W. Burkett, Deputy Clerk R. W. Cart, Deputy Clerk M. G, Ro,land, Deputy Clerk D. ¥. Miller, Deputy Clerk John H. Mitchell, Assistant City Auditor W. Richard Lavinder, Assistant City Auditor H. L. Kemp, Assistant City Auditor H. Ben Jones, Jr., Assistant City Attorney Edward A. Natt, Assistant City Attorney Vacant, Assistant City Attorney 16 014 O0 12 750.00 12 750.00 13 074.00 18 660.00 13 164.00 15,348.00 18 900, oo 15 825,00 18 278.00 15 000.00 18 278.00 18 702.00 9 150.00 5 286. O0 6 786.O0 4 836'00 7 446,oo 6 144.00 6 366.00 7,146.00 8 712.00 4 914.00 6,726.OO 6,300.00 7,146.00 5,700.00 4,890.00 13,242.00 13,242.00 13,242.00 15,360.00 9,924.00 9,924.00 BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in full force and effect upon its passage. ATTEST: APPROVED Deputy City Clerk Mayor II · IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of June, 1972. No. 20349. A RESOLUTION fixing the date of a Special Meeting of the Council of the City of Roanoke. BE IT RESOLVED by the Council of the City of Roanoke that a Special Meet- ing of the Council of the City of Roanoke be held on the 30th day of June, 1972, at 2:00 o'clock, P.M., in the Council Chambers on the fourth floor of the Municipal Building for the purpose of considering and adopting the annual appropriation ordinance for Fiscal Year 1972-1973 and revenue and other ordinances incident there- to, and for such other matters as may be brought before the Council. APPROVED A TTE ST: Deputy City Clerk ~ia yor