HomeMy WebLinkAbout4/23/1991 - Regular
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April 23, 1991
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Roanoke County Board of Supervisors
Roanoke County Administration Center
3738 Brambleton Avenue S. w.
Roanoke, Virginia 24018
April 23, 1991
The Board of Supervisors of Roanoke County, Virginia, met this
day at the Roanoke County Administration Center, this being the
fourth Tuesday, and the second regularly scheduled meeting of the
month of April, 1991.
IN RE:
CALL TO ORDER
Chairman McGraw called the meeting to order at 3:07 p.m. The
roll call was taken.
MEMBERS PRESENT:
Chairman Steven A. McGraw, Vice Chairman Harry
C. Nickens (arrived at 3:15 p.m.), Supervisors
Lee B. Eddy, Bob L. Johnson, Richard W. Robers
MEMBERS ABSENT:
None
STAFF PRESENT:
Elmer C. Hodge, County Administrator; Paul M.
Mahoney, County Attorney; Mary H. Allen, Clerk
to the Board; John R. Hubbard, Assistant County
Administrator, John M. Chambliss, Assistant
County Administrator, Don M. Myers, Assistant
County Administrator, Anne Marie Green,
Information Officer
IN RE:
OPENING CEREMONIES·
The invocation was given by Assistant County Administrator
John M. Chambliss.
The Pledge of Allegiance was recited by all
present.
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April 23, 1991
IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
Supervisor Robers added Item 7 to the Consent Agenda, Approval
of a Raffle Permit for North Cross School.
County Administrator Elmer Hodge added Item 4 to New Business,
pay supplement for County employees called to active reserve duty
during the Persian Gulf War.
IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
~ Presentation of New Librarv Cards to the Board of
SU'Dervisors.
Library Director George Garretson presented to each board
member, Mr. Hodge and Mr. Mahoney the new library cards for the
automated library system.
~ Proclamation declarinq the Week of A'Dril 21 - 27, 1991
as Professional Secretaries Week.
Accepting the proclamation were Susie Owen, Economic
Development, Carolyn Wagner, Human Services, and Wanda Riley,
Community Development.
Supervisor Eddy moved to adopt the proclamation. The motion
carried by a unanimous voice vote.
~ Resolution of Conqratulations to Karen Jenkins for
beinq named first team All American Basketball Team.
R-42391-1
Karen Jenkins, a student at Roanoke College, was present to
receive the resolution.
April 23, 1991
223
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Supervisor Johnson moved to adopt the resolution. The
motion was carried by a unanimous voice vote.
RESOLUTION 42391-1 OF CONGRATULATIONS TO KAREN JENKINS
UPON BEING NAMED A FIRST TEAM ALL-AMERICAN
IN THE ODAC CONFERENCE
WHEREAS, Karen Jenkins, a resident of Roanoke County and a
graduate of William Byrd High School, was recently named a first
team All-American in the ODAC conference; and
WHEREAS, Ms. Jenkins is a valuable member of the Roanoke
College Women's Basketball Team; and
WHEREAS, the role of women's sports in college athletics is
becoming increasingly important, both to the participants and to
their schools; and
WHEREAS, Ms. Jenkins serves as a role model to other young
women and girls, encouraging them to excel in athletics.
NOW, THEREFORE, BE IT RESOLVED that the Roanoke County Board
of Supervisors does hereby, on behalf of its members and all
citizens of the County, extend its congratulations and best
wishes to KAREN JENKINS on her recognition as an outstanding
athlete.
On motion of Supervisor Johnson, and carried by the
following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS:
None
224
April 23, 1991
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~ Recoqnition of Greq Winqate for obtaininq his
professional desiqnation as a Senior Appraiser.
Mr. Wingate was presented with his certificate from Chairman
McGraw.
~ Resolution of A'D'Dreciation to Parents, Educators and
U. S. Surqeon General Antonia C. Novello for their
sU'Dport of the Alcohol Free Party Challenqe.
R-42391-2
Sheriff Michael Kavanaugh accepted the resolution.
Supervisor Robers moved to adopt the resolution. The motion
carried by a unanimous voice vote.
RESOLUTION 42391-2 OF APPRECIATION TO PARENTS,
EDUCATORS AND U. S. SURGEON GENERAL ANTONIA C. NOVELLO
FOR THEIR SUPPORT OF THE ALCOHOL FREE PARTY CHALLENGE
WHEREAS, our young citizens and students are threatened
each day by the sale, use and abuse of illegal drugs and illegal
alcohol; and
WHEREAS, alcohol use under age 21 is illegal and alcohol is
one of the most widely used illegal drugs among young people and
is one of the leading causes of death among young adults; and
WHEREAS, the use and abuse of illegal alcohol increases at
prom time and after school graduation, and in the past eleven
years at least thirty-eight young citizens have been lost because
of alcohol related traffic fatalities; and
WHEREAS, parents and educators in our community have
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April 23, 1991
devoted countless hours, great commitment and untold financial
resources to sponsor alcohol free and drug free parties after
prom and after graduation; and
WHEREAS, United States Surgeon General Antonia C. Novello
has devoted countless efforts to increase community support and
responsibility to save youths from drug and alcohol abuse and has
encouraged youths to live by the slogan "Be Smart, Stay Smart,
Don't start."
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
of Roanoke County, Virginia, expresses its appreciation to the
many parents and educators involved in these local efforts, and
to united States Surgeon General Antonia C. Novello for her
leadership and presence in the community in support of these
local efforts; and
BE IT FURTHER RESOLVED that during this prom party and
graduation season the Board of Supervisors supports and
encourages the safety and health of our young citizens and
students through the ALCOHOL FREE PARTY CHALLENGE.
On motion of Supervisor Robers, and carried by the following
recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS: None
IN RE:
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NEW BUSINESS
Ado'Dtion of the Roanoke County fiscal year 1991-92
budget.
226
April 23, 1991
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A-42391-3
Mr. Hodge presented the budget. He advised that the $10.00
senior citizen fee would generate between $10,000 to $30,000 in
revenue. He presented two options that would create a $400,000
reserve. Option A divides the reductions with $200,000 from
county operations and $200,000 from schools. Option B eliminates
any reduction to the school budget and further reduces county
operations.
There was considerable discussion on the suggested
reductions, with the majority of the board not in support of any
further reductions to the school budget.
Supervisor Nickens moved to adopt the budget with option A
and Option B, but excluding school reductions and amended as
follows: (1) reduce the economic development fund by $25,000,
eliminate the closing of Mt. Pleasant and Catawba libraries,
reduce the Fifth Planning District reduction by $2,000, reduce
the Salem/Roanoke County Chamber of Commerce reduction by $2,000
and reduce the Constitution Officers reduction by $10,000.
Supervisor Robers offered a substitute motion to adopt the
budget with Option A excluding the School reductions with studies
to be conducted on privatization of services. The motion was
defeated by the following recorded vote:
AYES: Supervisors Robers, JOhnson,
NAYS: Supervisors Eddy, Nickens, McGraw
Supervisor Johnson moved to close debate and called for the
question. The motion was carried by the following recorded vote:
April 23, 1991
22 7
Supervisors Robers, Johnson, Nickens, McGraw.
Supervisor Eddy
Supervisor Johnson offered another substitute motion to
adopt the budget with a mid-year review of the budget and
projected revenue for further consideration of budget reductions
at that time. The motion was ruled out of order by the County
Attorney.
Supervisor Nickens' original motion was defeated by the
following recorded vote.
AYES: Supervisor Nickens
NAYS: Supervisor Eddy, Robers, Johnson, McGraw
Supervisor Johnson moved to adopt the budget as presented
with $55,435 budgeted for vehicles eliminated and reallocated to
the Board Contingency Fund and that in December 1991, the staff
will prepare an accounting of the status of the budget as well as
projections for 1992-93 so that mid year adjustments can be made
if necessary. The motion was carried by the following recorded
vote:
AYES:
NAYS:
Supervisors Eddy, Robers, Johnson, McGraw.
Supervisor Nickens
Supervisor Robers moved that the staff conduct an in-house
study on the possibility of privatization of services with input
from Board members and report back to the Board of Supervisors on
August 27, 1991. Supervisor McGraw offered an amendment that
other localities be contacted to request involvement in a
valleywide study. The amended motion was carried by the following
AYES:
NAYS:
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April 23, 1991
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recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
NAYS:
None
~
A'D'Droval of amendment to Resolution 91290-5 adoptinq a
policy establishinq residency requirements for
a'D'Dointment to citizen boards and commissions.
R-42391-4
Mr. Mahoney explained that this amendment would allow county
staff to serve on committees although they are not residents of
the County.
Supervisor Nickens moved to adopt the resolution. The
motion was carried by the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
NAYS: None
RESOLUTION 42391-4 AMENDING THE POLICY CONCERNING THE
APPOINTMENT OF PERSONS TO SERVE UPON CITIZEN BOARDS AND
COMMISSIONS; AND ESTABLISHING RESIDENCY REQUIREMENTS
FOR APPOINTMENTS
BE IT RESOLVED, By the Board of Supervisors of Roanoke
County, Virginia:
1. That it is the policy of Roanoke County that the
appointment of persons to the various citizen boards and
commissions of Roanoke County shall be based upon a consideration
of the residency of the appointee.
It is hereby declared that
it is in the pUblic's interest that appointees to the various
citizen boards and commissions serving the public purposes and
needs of the residents and taxpayers of Roanoke County shall be
April 23, 1991
229
residents of the County, and that such consideration serves a
valid public purpose.
2. That the appointment of persons to serve upon citizen
boards and commissions shall be based upon a consideration of the
residency of the appointee, it being the policy of this Board to
appoint persons who are bona fide residents of Roanoke County.
3. That the appointment of persons to serve upon citizen
boards and commissions shall be based upon a consideration of the
residency of the appointee, it being the policy of this Board to
appoint persons to achieve a geographic balance so that all
magisterial or election districts are represented.
4. That this policy shall apply to all boards and
commissions that are appointed within the discretion of the Board
of Supervisors of Roanoke County, Virginia. This policy shall
not apply to the appointment of members to boards and
commissions, the membership of which is mandated by state or
federal statute or regulation or which is established by
agreement or contract.
5. That the Board of Supervisors of Roanoke County,
Virginia, may in its discretion appoint to these boards and
commissions County employees, even though these employees may not
be County residents.
6. That the effective date of this amended resolution
shall be April 23, 1991.
On motion of Supervisor Nickens to adopt resolution, and
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April 23, 1991
carried by the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS: None
~ Resolution concerninq Virqinia Housinq Development
Authority financinq of a multi-familY residential
develo'Dment located in Roanoke County.
R-42391-5
Planning and Zoning Director Terry Harrington reported
that Fralin and Waldron Development Corporation plan to construct
a 60 unit apartment project on a seven acre site on Crumpacker
Drive in the Bonsack area. They have submitted a financing
package to the Virginia Housing Development Authority, and a
requirement of the program is that Roanoke County issue
certification of approval or disapproval of the project.
Mr. Harrington advised that the staff evaluated the request
and found it conforms to the applicable zoning and sUbdivision
regulations but does not conform to four of the Comprehensive
Plan policies pertaining to development in the Bonsack area.
Staff recommended disapproval of the request, but pointed out
that the project may still go forward because the land is
properly zoned for this use.
Supervisor Johnson moved to adopt the Certification of
Disapproval and resolution expressing disapproval. The motion
was carried by the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
NAYS: None
April 23, 1991
231
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RESOLUTION 42391-5 EXPRESSING DISAPPROVAL TO THE
VIRGINIA HOUSING DEVELOPMENT AUTHORITY OF THE
PROPOSED MULTI-FAMILY RESIDENTIAL HOUSING
DEVELOPMENT KNOWN AS THE ORCHARD GROVE APARTMENTS
WHEREAS, the Virginia Housing Development Authority is
considering the financing of a mUlti-family residential housing
development to be situated in Roanoke County; and
WHEREAS, pursuant to Section 36-55.39 (B) of the Code of
Virginia, the Virginia Housing Development Authority is required
to request from the governing body of the locality a Certificate
of Approval or Disapproval and certified resolution expressing
its approval or disapproval; and
WHEREAS, the Planning Director for Roanoke County reviewed
the development proposal for Orchard- Grove Apartments and
determined that this project appears to conform to the County's
zoning and subdivision regulations; however, this project does
not conform to comprehensive plan policies pertaining to
development in this area.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
of Roanoke County, Virginia, does hereby express its disapproval
of the proposed mUlti-family residential housing development
known as the Orchard Grove Apartments; and
BE IT FURTHER RESOLVED that a certified copy of this resolu-
tion be sent to the Virginia Housing Development Authority
informing them of the Board of Supervisors disapproval of the
proposed development project.
On motion of Supervisor Johnson to adopt certification of
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April 23, 1991
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disapproval and resolution expressing disapproval, and carried by
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the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS:
None
~
Pay SU'D'Dlement for County Em'Dloyees called to Active
Reserve Duty Durinq the Persian Gulf War
A-42391-6
Mr. Hodge asked that the Board authorize payment of salary
differentials to the County employees who were called to active
duty during the Persian Gulf War.
Supervisor Nickens moved to approve the payments. The
motion was carried by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
NAYS:
None
IN RE:
REQUEST FOR PUBLIC HEARING AND FIRST READING FOR
REZONING ORDINANCE - CONSENT AGENDA
Supervisor Nickens moved to approve first reading and
the request for public hearings. The motion was carried by the
following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
NAYS:
None
1. An Ordinance to rezone 1.465 acres from M-1 to M-
2 to operate a highway construction office and
shop for maintenance and storage of heavy
equipment, located at 7537 Milk-A-Way Drive,
Hollins Magisterial District upon the petition of
April 23, 1991
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Carter M. coffey Action contracting Co., Inc.
2. An ordinance to rezone 1.13 acres from R-1 to B-1
to construct an addition to an office building,
located on the southwesterly side of Route 419,
north of Grandin Road Extension, Windsor Hills
Magisterial District upon the petition of Gofland
Limited.
IN RE:
SECOND READING OF ORDINANCES
~ Ordinance authorizinq the lease of 10.40 acres of
real estate to Frederick A. Mahone and Rebecca Fay
Mahone.
0-42391-7
Supervisor Nickens moved to adopt the ordinance upon
second reading. The motion was carried by the following recorded
vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
NAYS:
None
ORDINANCE 42391-7 AUTHORIZING THE LEASE OF
10.40 ACRES OF REAL ESTATE TO FREDERICK A.
AND REBECCA FAY MAHONE
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That pursuant to the provisions of Section 18.04
of the Charter of Roanoke County, a first reading concerning the
disposition of the hereinabove-described real estate was held on
April 9, 1991. The second reading on this matter was held on
April 23, 1991; and
23 4
April 23, 1991
2. This property consists of approximately 10.40
acres of real estate with improvements identified as Roanoke
County Tax Map No. 73.00-1-6; and
3. That it is in the County's best interests to lease
this property to Frederick A. and Rebecca Fay Mahone in order to
safeguard the valuable improvements thereon and to receive fair
market value lease payments until such time as it may be
necessary to utilize said property in connection with the Spring
Hollow Reservoir Project. This lease is subject to the
provisions of Section 15.1-260 and Section 15.1-261.1 of the Code
of Virginia, 1950, as amended; and
4. That the County Administrator is authorized to
execute such documents and take such actions on behalf of Roanoke
County as are necessary to accomplish this transaction, all of
which shall be upon a form approved by the County Attorney.
On motion of Supervisor Nickens to adopt ordinance, and
carried by the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS: None
~ Ordinance vacatinq a sanitary sewer easement and
acquirinq a new sanitary sewer easement across Lot
6, Luwana Cor'Doration Division.
0-42391-8
Supervisor Eddy moved to adopt the ordinance upon
second reading. The motion was carried by the following recorded
vote:
April 23, 1991
235
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
NAYS:
None
ORDINANCE 42391-8 TO VACATE A SANITARY SEWER
EASEMENT AND TO ACQUIRE A NEW SANITARY SEWER
EASEMENT ACROSS LOT 6, LUWANA CORPORATION
DIVISION, OWNED BY DEMETRIOS T. HERODOTOU AND
MALGORZATA K. HERODOTOU
WHEREAS, by Deed dated August 10, 1978, and recorded in
the Clerk's Office of the Circuit Court of Roanoke County in Deed
Book 1100, page 600, Charles R. Simpson, Inc. conveyed unto the
Roanoke County Public Service Authority (predecessor to the Board
of Supervisors of Roanoke County, Virginia) a sewer system,
including a 15' sanitary sewer easement across Lot 6, as shown on
the Survey for Luwana Corporation of record in said Clerk's
Office in Deed Book 1052, page 600; and,
WHEREAS, Demetrios T. Herodotou and Malgorzata K.
Herodotou have requested that the Board of Supervisors of Roanoke
County, Virginia, vacate the existing sanitary sewer easement and
accept a new 15' sanitary sewer easement in exchange to reduce
the extent of encroachment by the residence upon the easement;
and,
WHEREAS, Mr. and Ms. Herodotou have agreed to certain
conditions with respect the easement relocation and the exchange
meets the requirements of the utility Department.
THEREFORE, BE IT ORDAINED by the Board of Supervisors
of Roanoke County, Virginia, as follows:
1. That pursuant to the provisions of Section 18.04
of the Roanoke County Charter, the acquisition and disposition of
23i.
April 23, 1991
real estate can be authorized only by ordinance. A first
reading of this ordinance was held on April 9, 1991; and a second
reading was held on April 23, 1991; and,
2. That pursuant to the provisions of Section 16.01
of the Charter of Roanoke County, the subject real estate
(easement) is hereby declared to be surplus and the nature of the
interest in real estate renders it unavailable for other public
uses; and,
3. That the 15' sanitary sewer easement across the
property of Demetrios T. Herodotou and Malgorzata K. Herodotou in
the Windsor Hills Magisterial District of Roanoke County and
designated as "15' SANITARY SEWER EASEMENT D.B. 1052, PG. 592" on
the Plat for Bum Suh and Byung Hee Park Showing A 15' Sanitary
Sewer Easement To Be Vacated..., surveyed December 28, 1990, by
Balzer and Associates, Inc., be, and hereby is, vacated; and,
4. That, in exchange, acquisition of a new easement
across said property and designated as "15' SANITARY SEWER
EASEMENT" on the Plat for Bum Suh and Byung Hee Park Showing A
15' Sanitary Sewer Easement To Be Dedicated..., surveyed December
28, 1990, by Balzer and Associates, Inc., be and hereby is,
approved; and,
5. That, as a condition to the adoption of this
ordinance, all costs and expenses associated herewith shall be
the responsibility of Demetrios T. Herodotou and Malgorzata K.
Herodotou, their heirs, successors or assigns; and,
April 23, 1991
237
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6. That, as a further condition to the adoption of
this ordinance, the Board of Supervisors of Roanoke County shall
be indemnified of and held harmless from and against all claims
for damages to any improvements or structures within either the
old or new easement area by Demetrios T. Herodotou and Malgorzata
K. Herodotou, their heirs, successors or assigns; and,
6. That the County Administrator is hereby authorized
to execute such documents and take such actions as may be
necessary to accomplish this vacation and acquisition, all of
which shall be on form approved by the County Attorney.
On motion of Supervisor Eddy to adopt the ordinance,
and carried by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS:
None
~ Ordinance vacatinq a portion of an existinq non-
exclusive easement and acquirinq a new water line
and access easement across 'Dro'Dertv of Holidav
Retirement Associates Limited Partnershi'D.
0-42391-9
Supervisor Robers moved to adopt the ordinance upon
second reading. The motion was carried by the following recorded
vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
NAYS:
None
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April 23, 1991
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ORDINANCE 42391-9 TO VACATE A PORTION OF AN
EXISTING NON-EXCLUSIVE EASEMENT AND TO
ACQUIRE A NEW WATERLINE & ACCESS EASEMENT
ACROSS PROPERTY OF HOLIDAY RETIREMENT
ASSOCIATES LIMITED PARTNERSHIP
WHEREAS, by Deed dated May 1, 1979, Craighead Water
Company, a Virginia corporation, conveyed to the Board of
Supervisors of Roanoke County, Virginia, a parcel of land known
as the Avenham Tank Site and a nonexclusive easement, measuring
approximately twenty-five feet (25') in width and extending from
Secondary Route 706 to the tank site, as part of a water
distribution system; and,
WHEREAS, Holiday Retirement Associates Limited
Partnership (Holiday) has requested that the Board of Supervisors
of Roanoke County, Virginia, vacate a portion of the existing
non-exclusive easement and accept a new waterline and access
easement in exchange to facilitate development of the property;
and,
WHEREAS, the relocation has been accomplished without
cost to the County and meets the requirements of the utility
Department.
THEREFORE, BE IT ORDAINED by the Board of Supervisors
of Roanoke County, Virginia, as follows:
1. That pursuant to the provisions of Section 18.04
of the Roanoke County Charter, the acquisition and disposition of
real estate can be authorized only by ordinance.
A first
reading of this ordinance was held on April 9, 1991; and a second
reading was held on April 23, 1991; and,
April 23, 1991
23 y
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2. That pursuant to the provisions of Section 16.01
of the Charter of Roanoke County, the subject real estate
(easement) is hereby declared to be surplus and the nature of the
interest in real estate renders it unavailable for other public
uses; and,
3. That a portion of the existing 25' non-exclusive
easement across property of Holiday Retirement Associates Limited
Partnership in the Cave Spring Magisterial District of Roanoke
County and designated as "PROPOSED PORTION OF EXISTING 25' NON-
EXCLUSIVE ESMT. TO BE ABANDONED" upon a plat dated December 20,
1990, made by Lumsden Associates, P.C., be, and hereby is,
vacated; and,
4. That, in exchange, acquisition of a new easement
across said property and designated as "PROPOSED NEW WATERLINE &
ACCESS EASEMENT" upon said plat, be and hereby is, approved; and,
5. That, as a condition to the adoption of this
ordinance, all costs and expenses associated herewith, including
but not limited to, vacation of the easement, recordation of
documents, and relocation of the lines, shall be the
responsibility of the Holiday Retirement Associates Limited
Partnership, its successors or assigns; and,
6. That the County Administrator is hereby authorized
to execute such documents and take such actions as may be
necessary to accomplish this vacation and acquisition, all of
which shall be on form approved by the County Attorney.
24 0
April 23, 1991
On motion of Supervisor Robers to adopt the ordinance,
and carried by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS:
None
IN RE:
APPOINTMENTS
~ Trans'Dortation and Safety Commission
Supervisor McGraw nominated H. Rodney Smith to another
three-year term as a senior citizen representative.
~ Roanoke Valley Reqiona1 Solid Waste Manaqement
Board
Supervisor Nickens nominated Gardner Smith and moved to
appoint him immediately. The motion was carried by the following
recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
NAYS:
None
IN RE:
CONSENT AGENDA
Supervisor Johnson moved to approve the Consent Agenda
with the addition of Item 7. The motion was carried by the
following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
NAYS:
None
RESOLUTION 42391-10 APPROVING AND CONCURRING
IN CERTAIN ITEMS SET FORTH ON THE BOARD OF
April 23, 1991
241;.
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SUPERVISORS AGENDA FOR THIS DATE DESIGNATED
AS ITEM K - CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. that the certain section of the agenda of the
Board of Supervisors for April 23, 1991 designated as Item K-
Consent Agenda be, and hereby is, approved and concurred in as to
each item separately set forth in said section designated Items 1
through 7 inclusive, as follows:
1. Acceptance of 0.33 miles of Remington Road into
the Secondary System by the Va. Department of
Transportation.
2. Acceptance of Valleypointe Parkway (Valleypointe
Industrial Access Road) into the Secondary System
by the Va. Department" of Transportation.
3. Acceptance of lease-purchase arrangements for
1990-91 Fire and Rescue and refuse equipment.
4. Donation of sanitary sewer and water easements in
connection with Bearrock Subdivision to the County
of Roanoke.
5. Donation of a new tank lot and related water line
and access easements in connection with the
Starkey Road Water System Project to the County of
Roanoke.
6. Donation of sanitary and storm sewer easement in
connection with Queen's Court Subdivision to the
County of Roanoke.
7. Approval of Raffle Permit - North Cross School
2. That the Clerk to the Board is hereby
authorized and directed where required by law to set forth upon
any of said items the separate vote tabulation for any such item
pursuant to this resolution.
242
April 23, 1991
On motion of Supervisor Johnson with Item K-7 added,
and carried by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS:
None
RESOLUTION 42391-10.c AUTHORIZING THE ACQUISITION OF
TWO FIRE TRUCKS AND EQUIPMENT, ACCEPTING THE OFFER
THEREFORE AND APPROVING THE INTEREST RATE, UPON CERTAIN
TERMS AND CONDITIONS
WHEREAS, the Board of Supervisors of the County of
Roanoke! has determined that it is necessary and expedient to
enter into a lease/purchase agreement to acquire Fire and Refuse
equipme!nt to provide service within the County; and
WHEREAS, the County has solicited offers for said
lease/purchase financing and acquisition; and
WHEREAS, the Board desires to accept an offer therefor
and to establish the interest rate for said financing; and
WHEREAS, the acquisition of these vehicles and
equipment was considered and authorized as a part of the 1989-90
and 1990-91 fiscal years County budgets.
NOW, THEREFORE, BE IT RESOLVED by the Board of
Supervisors of Roanoke County, Virginia, as follows:
1. That the Board of Supervisors of Roanoke County
determines that it is in the best interests of the public to
enter into a lease/purchase agreement in the principal amount of
$568,069.66 in order to acquire fire and refuse equipment in
order to provide improved service.
April 23, 1991
243
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2.
That the Board determines that it is in the best
interests of the County to accept the offer of SANWA GEL General
Equipment Leasing to finance the acquisition of this equipment
over a five year period of time at an interest rate of 7.4795.
3. The County Administrator, upon form approved by
the County Attorney, is hereby authorized to execute such
documents as may be necessary to accomplish the purposes of this
transaction.
4. That pursuant to the provisions of Section 14.01
of the Roanoke County Charter, this lease/purchase agreement
shall be subject to annual appropriation by the Board of
Supervisors.
5. That the officers and agents of the County are
authorized and directed to take such further action as may be
necessary or convenient in connection with this transaction and
all other actions previously taken by such officers and agents in
connection therewith are ratified and confirmed.
6. This resolution shall take effect immediately.
On motion of Supervisor Johnson to adopt resolution,
and carried by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS:
None
IN RE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
24 4
April 23, 1991
>-----
SU'Dervisor Eddy: Asked about the sale of delinquent tax
property. County Attorney Paul Mahoney responded that his office
is working with the Treasurer on this matter.
SU'Dervisor Robers: Announced that he had visited the
third grade at Cave Spring Elementary School.
Supervisor Nickens: Advised he attended the funeral of
Reverend Ealy Ogden who had been very active in the community.
He requested that an expression of sympathy be sent to his widow
from the Board of Supervisors.
SU'Dervisor McGraw (1) Announced he planned to appoint
H. Rodney Smith to the Transportation Safety Commission. (2)
Advised that the VACo Task Force will meet on May 9 and May 22,
and that legislation will be drafted for the Grayson Commission.
(3) R ~ported that Governor Wilder is considering loosening the
control of the Dillon Rule.
IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS
1, Anqie Hunter, 5176 Bradshaw Road, spoke in
opposi1:ion to the $10.00 senior citizen fee for participation in
Parks and Recreation Programs and advised this would be a
financial hardship for some senior citizens.
Chairman McGraw responded that there is a hardship
provision to waive fees for those would cannot afford them.
IN RE:
REPORTS
April 23, 1991
24 5
~-".'._.^,_. ....,,-- ._--"-
Supervisor Johnson moved to receive and file the
following reports. The motion carried by a unanimous voice vote.
1. Board Contingency Fund
2. General Fund Unappropriated Balance
3. Accounts Paid - March 1991
4. Statement of income and expenses for the nine
months ended March 31, 1991.
IN RE:
RECESS
At 5:00 p.m., Supervisor Johnson moved to recess. The
motion carried by a unanimous voice vote.
EVENING SESSION (7:00 P.M.)
IN RE:
RAIL SPUR TO NEW LANDFILL
Chairman McGraw announced that the Roanoke County
Resource Authority had met at 5:00, but since there were
residents present to speak, he would allow them to present their
views on the rail spur to the Smith Gap Landfill.
The following citizens spoke against the rail spur to
the Smith Gap Landfill citing concerns about flooding, water
contamination, soil erosion, and the fact that Norfolk Southern
does not plan an environmental impact study of the project.
1. Louise Spangler, 4731 Northfork Road, Elliston, Va.
2. Pat Lavery, P. o. Box 550, Elliston, Va.
3. Bill Carter, 4435 Cordell Dr. S. W. , Roanoke
24 6
April 23, 1991
IN RE:
PUBLIC HEARINGS
491-1A S'Decial Exce'Dtion Request of Winfred Wilson
to operate a place of 'Dublic amusement
located at 3109 Brambleton Avenue, Windsor
Hills Maqisterial District.
A-42391.-11
Planning and Zoning Director Terry Harrington reported
that the petitioner is requesting a permit to operate a gameroom
on the second floor which would contain 5-7 pool tables, an
unspeci.fied number of video arcade games and a band platform.
The request was submitted due to a notice of violation sent to
the property owner on March 5, 1991. The site is zoned B-2
General Commercial which permits such use with a special
exception permit. The rear portion of the site is zoned R-1
single family residential. He described the main weaknesses as
evaluated by the staff as insufficient on-site parking, the fact
that the building adjoins a residential neighborhood and the
large number of complaints to staff and the police department.
John Patterson, attorney for Wilson's Restaurant
advised that the gameroom would be part of the restaurant
operation and represented only five percent of their revenue. He
pointed out that other restaurants had similar gamerooms. Mr.
Harrington responded that they will make an independent
evaluation of other restaurants to see if they need a special
exception permit.
April 23, 1991
2" 7
- ..--.----.---,<
The following citizens spoke in opposition to the
special exception permit because of the increase in traffic
through the residential neighborhood, noise, and inadequate
parking facilities:
1. Horace McPherson, 3461 Forester Road S. W.
2. Alan Long, 3109 Fleetwood Avenue S. W.
3. Ellen Holtzman, 3411 Forester Road, S. W.
4. Beverly Cumbie, 3110 Red Rock Raod
5. Becky Fowler, 3543 Wiletta Drive, S. W.
The following citizens spoke in support of the special
exception permit:
1. Eddie Painter, 2721 Hollowell Avenue S. W.
2. Greg Meisenzahl, 2721 Hollowell Avenue S. W.
Supervisor Eddy moved to deny the Special Exception
Permit. The motion was carried by the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens,
NAYS: None
ABSTAIN: Supervisor McGraw
IN RE: PUBLIC HEARINGS AND SECOND READING OF ORDINANCES
491-2
An Ordinance to amend proffered conditions on
a'D'Droximatelv 6.1 acres, to remove the
condition requirinq brick and wood sidinq,
located east of Route 706 ap'Droximatelv .1
mile south of intersection with Electric
24 8
April 23, 1991
Road, Cave S'Drinq Maqisterial District U'Don
the 'Detition of Robert E. Glenn.
0-4239:L-12
Mr. Harrington advised this amended proffered condition
would remove the condition requiring brick and wood siding on a
rezoning approved in April 1988. During construction the design
was changed from the originally planned wood siding to stucco.
The exterior of the building was not an issue at the public
hearing in April 1988.
Supervisor Nickens moved to deny the request because he
felt the Board must be consistent when petitioners and developers
change the conditions and request the amendment after the changes
are made.
In response to a question from Supervisor Johnson, Mr.
Harrinçrton advised it was the joint responsibility of Planning
and Development and Inspections to ensure that conditions are
met.
County Attorney pointed out that this request was
differe~nt from other amendment requests that were made after the
changes were made in that this request deals with aesthetics
while others deal with land use issues such as size and density
that affected the neighborhood.
Supervisor Nickens withdrew his motion and moved to
approve the request. The motion was carried by the following
recorded vote:
AYES:
Supervisors Eddy, RObers, Johnson, Nickens, McGraw.
April 23, 1991
249
-
NAYS:
None
ORDINANCE 42391-12 TO AMEND PROFFERED
CONDITIONS ON THE REZONING OF A 6.1-ACRE
TRACT OF REAL ESTATE LOCATED EAST OF ROUTE
706 APPROXIMATELY .1 MILE SOUTH OF THE
INTERSECTION WITH ELECTRIC ROAD IN THE CAVE
SPRING MAGISTERIAL DISTRICT FROM THE ZONING
CLASSIFICATION OF B-2, CONDITIONAL, TO THE
ZONING CLASSIFICATION OF B-1, CONDITIONAL
(AMENDMENT TO PROFFERS) UPON THE APPLICATION
OF ROBERT E. GLENN
WHEREAS, the first reading of this ordinance was held
on March 26, 1991, and the second reading and public hearing
was held April 23, 1991; and,
WHEREAS, the Roanoke County Planning commission held a
public hearing on this matter on April 2, 1991; and,
WHEREAS, legal notice and advertisement has been
provided as required by law; and
WHEREAS, this property was rezoned from part B-2,
General Commercial District, and R-3, MUlti-Family Residential
District, to B-2, General Commercial District, with proffered
conditions, on April 26, 1988.
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the zoning classification of a certain tract of
real estate containing approximately 6.1-acres, as described
herein, and located east of Route 706 approximately .1 mile south
of the intersection with Electric Road in the Cave Spring
Magisterial District, is hereby changed from the zoning
25 0
April 23, 1991
-
-
classification of B-2, General Commercial District, to the zoning
classification of B-2, General Commercial District, with amended
proffered conditions.
2. That this action is taken upon the application of
Robert E. Glenn.
3. That the owner has voluntarily proffered in writing
the following amendments to proffered conditions approved by the
Board of Supervisors on April 26, 1988, which the Board of
Supervisors hereby accepts:
(a) A maximum 110-suite retirement facility will be
constructed following the existing entrance road
and parking lot.
(b) Type D screening and buffering or its equivalent
by modification will be installed on all property
borders. (Natural growth will be salvaged to
maximum extent possible.)
(c) Final plans will be in substantial conformance to
concept plan.
(d) One concrete sign no greater than 24 square feet
will be installed; no other signage will be
constructed.
(e) Architecture ¡¡ill diaplay brick and i;ood aiding
exterior over ~ood frame con3truction.
(f) Interior traffic circulation will be one-way and
will be so designated on the property.
(g) A sprinkler system will be installed serving
entire facility.
(h) A drainage system will be constructed from subject
property to VA 419.
(i) A licensed geotechnical engineer will be hired to
conduct soil tests on the site, write a report,
review the working drawings for compliance with
recommendations, and inspect all the earth work.
April 23, 1991
25 1
~---~----_..__.._--------
--
---"-.-------------
All other proffers and conditions would remain in full
force.
4. That said real estate is more fully described as
follows:
BEGINNING at a point common to said 6.10 acres,
the east right-of-way line of Virginia Secondary
Route 706 (Elm View Road), and property of Tom
Penn, et als; thence N. 9 deg. 03' 50" W. 115.71
feet along the line common to said 6.10 acres and
said east right-of-way line of Virginia Secondary
Route 706 to a point; thence N. 5 deg. 15' 45" W.
41.24 feet to a point; thence along the line
common to said 6.10 acres and property of Avenham
Associates as recorded in Deed Book 1125, page 477
in the Clerk's Office of the Circuit Court of
Roanoke County, Virginia, the following 3 courses
and distances, S. 52 deg. 00' E. 40.00 feet to a
point; thence N. 69 deg. 37' 10" E. 232.90 feet to
a point; thence N. 45 deg. 42' E. 500.00 feet to a
point; said point being common to said 6.10 acres,
said property of Avenham Associates and property
of Herbert J. Brown and Tessie M. Brown; thence
along the line common to said 6.10 acres and said
property of Brown the following 2 courses and
distances, S. 33 deg. 21' E. 21.72 feet to a
point; thence S. 53 deg. 33' E. 250.00 feet to a
point; thence along a rezoning line S. 35 deg. 13'
17" W. 675.60 feet to a point; thence along the
line common to 6.10 acres and said property of Tom
Penn, et als N. 68 deg. 56' W. 438.37 feet to the
point of Beginning and containing a computed
acreage of 6.10 acres.
5. That this ordinance shall be in full force and
effect thirty (30) days after its final passage. All ordinances
or parts of ordinances in conflict with the provisions of this
ordinance shall be, and the same hereby are, repealed.
On motion of Supervisor Nickens to adopt ordinance, and
carried by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS:
None
25 2
April 23, 1991
=
-
:
491-3
An Ordinance amendinq Cha'Dter 7, Buildinq
Requlations, of the Roanoke County Code bv
the Amendment and Reenactment of Section 7-
71, Buildinq or Demolitions: and bv the
repeal of Sections 7-72, Electrical: 7-73,
Mechanical: and 7-74, Plumbinq: and the
reenactment of a new Section 7-72, Trade
Permits, to provide for a new procedure to
calculate fees for certain permits.
0-4239l-13
Supervisor Nickens moved to adopt the ordinance. The
motion was carried by the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
NAYS: None
ORDINANCE 42391-13 AMENDING CHAPTER 7,
BUILDING REGULATIONS, OF THE ROANOKE COUNTY
CODE BY THE AMENDMENT AND REENACTMENT OF
SECTION 7-71, BUILDING OR DEMOLITIONS, AND BY
THE REPEAL OF SECTIONS 7-72, ELECTRICAL; 7-
73, MECHANICAL; AND 7-74, PLUMBING AND THE
REENACTMENT OF A NEW SECTION 7-72, TRADE
PERMIT FEES, TO PROVIDE FOR A NEW PROCEDURE
TO CALCULATE FEES FOR CERTAIN PERMITS
WHEREAS, § 2.01 of the Roanoke County Charter grants to
Roanoke County certain powers, including the powers contained in
§ 15.1-906 of the 1950 Code of Virginia, as amended, which
April 23, 1991
253
---.--
- -
authorlzes establishing fees for permits in the enforcement of
any ordinance or regulation; and
WHEREAS, § 15.1-510.1 of the 1950 Code of Virginia, as
amended, authorizes counties to charge such reasonable fees for
the issuance of permits and the performance of inspections; and
WHEREAS, § 36-105 of the 1950 Code of Virginia, as
amended, authorizes local governments to enforce the provisions
of the Uniform Statewide Building Code and to levy fees to defray
the cost of such enforcement and any appeals; and
WHEREAS, Roanoke County adopted Ordinance No. 61489-12
on June 14, 1989, and Resolution 84-45e on March 13, 1984, which
established a building permit and fee schedule in accordance with
the statutory requirements of the 1950 Code of Virginia; and
WHEREAS, legal notice of a public hearing concerning
the adoption of an ordinance increasing these fees was provided
as required by law, and the first reading on this ordinance was
held on April 9, 1991; and the second reading and public hearing
was held on April 23, 1991.
NOW, THEREFORE, BE IT ORDAINED by the Board of
Supervisors of Roanoke County, Virginia, as follows:
1. That Article V of Chapter 7 of the Roanoke county
Code is hereby amended and reenacted as follows:
ARTICLE V. FEES
Division 1. Generally.
Sec. 7-71.
Building or Dcmolitions Permit Fees.
Permit fees are determined bv calculatinq a value of
construction. In order to derive this valuation. the area of the
25 4
=
Use Group
A-1
A-2
A-3
A-4 & 5
E
B
F 1 & 2
H 1 - 4
I -1
I -2 & 3
M
R-1
R-2
R-3 & 4
S-1 & 2
April 23, 1991
structure is multiplied by the applicable square footaqe. The
square footaqe construction cost is determined by the type of
construction and use qroup ·from the followinq chart and this
valuation is adiusted by the cost multiplier of 0.88.
The square footaqe construction cost is determined by
the type of construction and use qroup from the followinq chart:
$79.65
67.44
44.50
44.51
58.61
53.83
33.24
31. 70
72.66
84.43
34.06
54.71
48.2:2
41. 38
31. 70
11\
1B
Square Foot Construction Costs
Type of Construction
2A
$76.13
63.92
42.74
42.79
55.03
50.26
31.16
29.62
69.08
80.86
32.29
52.17
46.72
38.51
29.62
2B
$74.77
62.56
40.04
40.11
53.26
48.48
27.93
26.39
67.31
79.08
29.60
52.02
45.53
37.66
26.39
2C
$70.21
58.11
39.01
39.25
50.63
45.86
27.55
26.01
64.68
76.45
28.75
48.98
42.49
35.46
26.01
3A
$69.75
57.55
38.88
39.15
48.74
43.59
25.56
24.02
62.79
74.57
27.15
47.00
40.51
36.90
24.02
3B 4
$67.88 $67.83
55.67 55.62
38.87 37.91
38.92 37.97
46.92 46.06
42.15 41.29
24.51 24.44
22.97 22.90
60.97 60.11
72.75 71.89
28.43 27.47
45.34 45.40
38.85 38.91
34.84 34.84
22.97 22.90
Foundations: $6.00 per square foot
Attached Garage: $8.00 per square foot
Detached Garaqe: $10.00 per square foot
storaqe Buildinqs in Residential Areas: $8.00 per square foot
Greenhouses: $8.00 per square foot
Reinspection on construction: $25.00
Certificate of Occupancy: Commercial - $25.00
Temporary - Sinqle Familv ~·$10.00
$78.51
66.30
43.62
43.68
57.28
52.51
32.40
30.86
71. 33
83.10
33.19
53.92
47.43
40.63
30.86
5A
$60.81
48.61
34.16
35.06
40.46
35.69
20.22
18.71
54.51
66.29
21. 79
39.98
33.49
30.84
18.71
5B
NA
47.52
33.04
33.98
39.03
34.26_
18.91
17.40
NA
NA
20.69
38.50
32.01
29.66
17.40
-
April 23, 1991
25 5
mo_ _ _ __,___
,.----', - --
Temporary - Commercial _
$25.00
An estimated cost of construction is obtained from the
a licant and is used to determine the ermit fees for
a lications that do not corres ond to the s uare foota e
construction cost chart. This includes. but is not limited to.
interior and exterior alterations. carports. decks. roofinq and
sidinq construction. and demolitions.
There is hereby established the following schedule for fees
for Building and demolition permits:
Building or demolition valuation3
Fees
$
.01
4,000
;~~;~~g
1 ~gg'ggg
, ,
$ 2~
o ~~~ $~~O~ ;a~~~~~on
;;0 ~~~~ $~ ~~~ ~î~~~
î:~~~ :t:: ~~s~~~a;ii~:BB
to $
6,ggg ;~
~H:m ~~
O='~,9000, o~
25 6
April 23, 1991
=
-
-
BUILDING AND FEE SCHEDULE
VALUATION FEE VALUATION FEE VALUATION FEE
5.00-4,000 525.00 $41, 000 $225.00 584,000 $440.00
5,000 30.00 42.000 230.00 85,000 445.00
6,000 36.00 43,000 235.00 86,000 450.00
7,000 42.00 44,000 240.00 87,000 455.00
8,000 48.00 45,000 245.00 88,000 460.00
9,000 54.00 46,000 250.00 89,000 465.00
10,000 60.00 47,000 255.00 90,000 470.00
11 , 000 66.00 48,000 260.00 9 L 000 475.00
12,000 72.00 49,000 265.00 92,000 480.00
13,000 78.00 50,000 270.00 93,000 485.00
14,000 84.00 5 1, 000 275.00 94,000 490.00
15,000 90.00 52,000 280.00 95,000 495.00
16,000 96.00 53,000 285.00 96,000 500.00
17,000 102.00 54,000 290.00 97,000 505.00
18,000 108.00 55,000 295.00 98,000 510.00
19,000 114.00 56,000 300.00 99,000 515.00
20,000 120.00 57,000 305.00 100,000 520.00
58,000 310.00
Over 20,000.00 equals 59,000 315.00 Over 100.000.00 equal
$120.00 plus 55.00 60,000 320.00 $520.00 plus $2.00
per M 61, 000 325.00 per M
21,000 125.00 62,000 330.00
22,000 130.00 63,000 335.00
23,000 135.00 64,000 340.00 Fiqure Fraction from
24,000 140.00 65,000 345.00 here
25,000 145.00 66,000 350.00 200,000 720.00
26,000 150.00 67,000 355.00 300,000 920.00
27,000 155.00 68,000 360.00 400,000 1,120.00
28,000 160.00 69,000 365.00 500,000 1,320.00
29,000 165.00 70,000 370.00
30,000 170.00 7 1, 000 375.00 Over $500,000 equals
31, 000 175.00 72,000 380.00 $1320 plus
32,000 180.00 73 , 000 385.00 $1.00 per M
33,000 185.00 74.000 390.00 600,000 1,420.00
34,000 190.00 75,000 395.00 700,000 1,520.00
35,000 195.00 76,000 400.00 800,000 1,620.00
36,000 200.00 77 , 000 405.00 900,000 1,720.00
37,000 205.00 78,000 410.00 1, 000,000 1,820.00
38,000 210.00 79,000 415.00
39,000 215.00 80,000 420.00
40,000 220.00 81, 000 425.00 Over 1,000,000
82,000 430.00 equals $1,820 plus
83,000 435.00 .50 per M
April 23, 1991
25 7
"....-----
_._-_._--------_._.~,-------_._---
- ,- --..
Sec. 7-72. Elee~rieal. Trade Permit Fees.
There is hereby established the following schedule for fees for
eleetrieal trade permits (trade permits include permits for heatino,
electrical, mechanical, and plumbino). The followino schedule for trade
ermits is based u on the valuation as calculated ursuant to Section 7-71 as
modified b a ercenta e factor for the use rou s and the t e of trade
permit, as shown on the followino chart:
1.
Percent Chart
Heatino Mechanical Plumbino Electric
Class % % % %
Al - A5 6 8 8 8
B 5 8 5 9
E 6 11 8 9
F1 & F2 4 5 5 5
HI - H4 4 5 5 5
I-I 5 8 9 9
I-2 9 12 9 12
I-3 5 8 9 9
M 5 9 5 9
R-1 5 9 10 8
R-2 6 15 15 15
R3 & R4 4 7 7 7
Sl & S2 4 9 4 7
2.
3.
4.
5.
6.
7.
8.
9.
1\mOètAt af QSAtraot ar Eotimatod Coot Valuation Fee
$ .00 to $ 500.00 $25
500.01 to 1,000.00 30
1,000.01 to 2,000.00 40
2,000.01 to 3,000.00 50
3,000.01 to 4,000.00 60
4,000.01 to 5,000.00 75
In excess of $5,000 the fee shall be $75 plus $4 for each additional $1,000.00
or fraction thereof.
No elee~~ieal trade permit shall be issued for less than $25.
25 8
April 23, 1991
:
aRà EJoREJoalod\
WiriRs to o~tlete (OØOR
1 'Eo 10 o~tlets
11 to 29 ea'Elets
21 to 30 oa'Elets
31 'Ee 59 ea'Ele~s
51 to 100 oat lets
All ever 100 aytlets
15.00
~ oytlat ever 100
~15 ~lYS easn
Finteres
1 ta 20 liljR'ES
21 ta 40 liljRte
U 'Ee 75 liljAtS
76 to 150 1i§R'Es
151 ta 350 liljRts
,),' Ate
All aver 350 l.§
~25
l§ . 00
, at: o··er 350
pluo anSA 119 .
Servises
159 am~ aRà aRàer
151 am~ ta 200 amp
201 am~ ta 400 amp
401 am~ aRà ever,
Tem~erary elestrl.s
~
ear-lioa
(for anSA iRspaotion)
l!otors
à faRe aRà diepooale
à \:1nder aR
Cest: of 1/2 H.~. aRp to aRà inoleàiR§ 1 n.p.
Cast af ever 1,2 II.. à inoluàiREj 3 n.!?
Cest ef ever 1 H.!? to aRà insl1:iàinEj 10 II.P.
;a II P to aR
Ces'E ef ever ..
All ever 10 H.P.
Elestrie Heat
~ t: "'um13
furnaoe and uaa ~
' elaotrio
BaseBearà, eeill.R§
'al J.1aaliaReoc
Saeel. .
s"'aee Aoaters,
Reaters, raRljos, ~ as or
Elestrie \Ja'Eer., àie apparatus, Ej
] te~s eveRS, Sl.ljRS, ra àruer disAuaehar,
eee t , àetestere, " , "
ail f1:irRaees, sma £8 , 'RIj B!'Iee ial \ar l.REj
aRà etaer a~pliaRees re~el.rl.
See. 7 73.
UeeRaRisal fo08.
lŒCH1\NIC1\L FEES
'E ef GeRtraet or
MeYR
~
6.00
S.OO
10.00
12.00
.10
~
1.00
6.00
9.00
12.00
.10
7.00
10.00
12.00
l§ . 00
25.00
~
2.00 eaoh
5.00 aaoh
7.00 aaoh
10.00 cnsA
l§ . 00 anoh
~
10.00
~
5.00 aaoh
April 23, 1991
259
, -- - -- "..-----.
Es~ima~eà Ses~
,-.,-- -- - .-
~ .09
590.91
1,990.91
2,999.91
J,999.91
4,099.91
~a
~a
S 500.00...................... S
1,000.00. . . . . . . . . . . . . . . . . . . . . .
2, 990. 00. . . . . . . . . . . . . . . . . . . . : :
J, 000. 00. . . . . . . . . . . . . . . . . . .. :
4, gOO. 00. . . . . . . . . . . . . . . . . . . . . :
5,000.00. . . . . . . . . . . . . . . . . . . . .
~~~~~
:~:~~
~~:~~
te
ta
ta
ts
~~ ~ueess af S5,000.00, tho foa shall ~e S75.09 plus St.Og for eash
aààitioaal Sl,009.09 ~heraof.
Soe. 7 74. Plumeiag.
There is ha£e~y establishoà the felle,:in~ 6shoàulo of foe a for plumèing
~e£mi~sl
No plumSia~ permit ahall ae iseuoà for 10813 thaa $25.
Fiutures (easR)
Flaa£ à£aias
{va'£er hea~e£
Se\:e£
Traile£s
Reiaspee'£iaa fee
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:3.00
10.00
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1991.
2. That this ordinance shall be in effect from and after July 1,
On motion of Supervisor Nickens, and carried by the
following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS:
None
491-4
An Ordinance establishinq maqisterial
districts for the County of Roanoke and
'Drovidinq for an effective date of this
ordinance.
0-42391-14
26 0
=
April 23, 1991
:
Mr. Mahoney explained that following the first
reading, the Board directed the staff to make revisions to the
ordinance in accordance with citizen comments requesting that the
Bonsack community not be divided between districts. The revised
ordinance retains the Bonsack precinct in the Hollins District.
Minor revisions to boundaries were also suggested on Bent
Mountain and 12 O'Clock Knob.
Supervisor Johnson advised that he felt Bonsack
should be in the Vinton precinct because of their community of
interest and school attendance and that he planned to vote
against the ordinance for that reason.
Mr. Mahoney advised this
percent of deviation of population (17%) might be unacceptable to
the Justice Department.
Supervisor Nickens moved to adopt the revised
ordinance with the inclusion of Mowles Road in the description of
windsor Hills Magisterial District. The motion was carried by
the following recorded vote:
AYES: Supervisors Eddy, Robers, Nickens, McGraw.
NAYS: Supervisor Johnson
ORDINANCE 42391-14 REAPPORTIONING THE
REPRESENTATION IN THE BOARD OF SUPERVISORS
OF ROANOKE COUNTY, VIRGINIA, BY ALTERING
THE BOUNDARIES OF THE ELECTION DISTRICTS,
BY ESTABLISHING VOTING PRECINCTS THEREFOR,
INCORPORATING A MAP SHOWING THE BOUNDARIES
OF SAID DISTRICTS AND PRECINCTS, AND
PROVIDING FOR AN EFFECTIVE DATE. OF THIS
ORDINANCE
April 23, 1991
261l!
-
." .
WHEREAS, legal notice of a public hearing concerning the
adoption of an ordinance establishing magisterial districts for
the County of Roanoke was provided as required by law; and
WHEREAS, the first reading and public hearing on this
ordinance was held on April 9, 1991; and the second reading was
held on April 23, 1991.
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That there shall be established in Roanoke County
five magisterial districts or election districts to be known and
designated as follows:
Catawba Magisterial District
Hollins Magisterial District
Vinton Magisterial District
Cave Spring Magisterial District
Windsor Hills Magisterial District
from each of which there shall be elected one member of the Board
of Supervisors of Roanoke County; and
2. That the outside boundaries of the five said
magisterial districts shall be as follows:
Catawba Maqisterial District
Beginning at the common corner between Craig, Montgomery,
and Roanoke counties; thence with the line between Craig and
Roanoke counties along the crest of North and Brush Mountains in
a northeastern direction to the common corner in the line between
Roanoke, Craig, and Botetourt counties; thence with the line
262
April 23, 1991
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between Roanoke and Botetourt counties in a southeasterly
direction to the southerly right-of-way line of Interstate 81;
thence with the southerly right-of-way of Interstate 81 and in a
westerly direction to its intersection with Interstate 581;
thence in a southerly direction with Interstate 581 to its
intersection with Virginia Route 117 (Peters Creek Road), said
point being on the northerly boundary of the City of Roanoke and
the northerly right-of-way of Virginia Route 117 (Peters Creek
Road); thence in the southwesterly direction of Virginia Route
117 (Peters Creek Road) and with the City of Roanoke corporate
lines to their intersection with Cove Road; thence with Cove Road
and with the city of Roanoke corporate lines in a westerly and
southwesterly direction to its intersection with the east
corporate line of the city of Salem; thence with the east
corporate line of the city of Salem in a northwesterly direction
to Virginia Primary Route 419 (Electric Road); thence with the
east corporate line of the City of Salem and Virginia Primary
Route 419 (Electric Road) to Interstate 81 and the north
corporate line of the City of Salem; thence with the north
corporate line of the City of Salem and Interstate 81 in a south-
westerly direction to the west corporate line of the City of
Salem; thence with the corporate line of the City of Salem in a
southerly direction and with the south corporate line of the City
of Salem in an easterly and southerly direction to a point on the
corporate line of the City of Salem at a point where the said
line turns from southeast to northeast near the 1990 terminus of
April 23, 1991
263 ~
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state Route 736 (Mowles Road); thence with a line in a
southwesterly direction to a point where it intersects with a gas
transmission line at the crest of Twelve O'Clock Knob (elevation
2683); thence with the crest of Twelve O'Clock Knob and with the
crest of Poor Mountain, the dividing line between the Catawba and
the Windsor Hills Magisterial Districts, in a westerly and
southwesterly direction to its intersection with state Secondary
Route 612; thence following the ridge line of Poor Mountain in a
generally southwesterly direction to a point of intersection with
state Secondary Route 916 at the Roanoke/Montgomery County line;
thence with the Roanoke/Montgomery County line in a northerly
direction to the place of beginning.
Hollins Maqisterial District
Beginning at a point of intersection of the southerly
right-of-way of Interstate 81 and the Roanoke/Botetourt County
line; thence with the southerly right-of-way of Interstate 81 in
a westerly direction to its intersection with Interstate 581;
thence in a southerly direction with Interstate 581 to Virginia
Route 117 (Peters Creek Road) and the corporate line of the City
of Roanoke; thence in an easterly and southerly direction with
the corporate line of the City of Roanoke to a point of
intersection with the crest of the Stewart's Knob; thence east
with the crest of
stewart's Knob to the Blue Ridge Parkway; thence in a
northeasterly direction with the Blue Ridge Parkway to the
Botetourt County line; thence in a northerly and westerly
264
=
April 23, 1991
direction with the Roanoke/Botetourt County line to the place of
beginning.
vinton Maqisterial District
Beginning at a common point between Botetourt and Roanoke
counties and the Blue Ridge Parkway; thence in a southwesterly
direction along the Blue Ridge Parkway to the crest of stewart's
Knob; thence in a westerly direction with stewart's Knob to a
point on the City of Roanoke corporate line; thence in a
southeasterly direction along the said City of Roanoke's
corporate line to the northern-most corner of the corporate line
of the Town of Vinton; thence following the courses of the
corporate line between the Town of vinton and the City of Roanoke
in a westerly and southerly direction to a point at the corner of
the Town of Vinton corporate line at the Roanoke River and on the
City of Roanoke corporate line; thence continuing with the City
of Roanoke corporate line in a south and southwesterly direction
until the said City of Roanoke corporate line intersects the
western right-of-way line of Virginia Secondary Route 668 (Yellow
Mountain Road); thence continuing with the western right-of-way
line of Virginia Secondary Route 668 (Yellow Mountain Road) in a
southerly direction until its intersection with Virginia
Secondary Route 667 (Mayland Road); thence in a southeasterly
direction with Virginia Secondary Route 667 (Mayland Road) until
its intersection with Secondary Route 666 (Bandy Road); thence in
a northeasterly direction with Bandy Road to its intersection
with Route 667 (Old Virginia Springs Road); thence in a
April 23, 1991
2 ß 5
----_._._~-
. -- .,,-^ ,--,,-- .._--
--'_.._,_.-.__._".._---_.~".__._-
southeasterly direction with Route 667 (Old Virginia Springs
Road) extended to the Franklin County line; thence following the
Roanoke County line as it meanders in a northeasterly and
northerly direction to the place of beginning.
Cave Sprinq Maqisterial District
Beginning at a point where Virginia Secondary Route 668
(Yellow Mountain Road) crosses the Blue Ridge Parkway; thence in
a southerly direction until Virginia Secondary Route 668 (Yellow
Mountain Road) intersects Route 667 (Mayland Road); thence in a
southeasterly direction with Secondary Route 667 to its intersec-
tion with State Route 666 (Bandy Road); thence in a northeasterly
direction with state Route 666 to its intersection with state
Route 667 (Old Virginia Springs Road); thence southeasterly with
State Route 667 (Old Virginia Springs Road) extended to the
Roanoke/ Franklin County line; thence with the Roanoke/Franklin
County line in a southwest to northwest direction as it meanders
along the crest of the Blue Ridge Mountains to a point where
state Secondary Route 691 crosses said Roanoke/Franklin County
line; thence in a northerly direction with the State Secondary
Route 691 to its point of intersection with State Secondary Route
690; thence with State Secondary Route 690 in a northerly
direction to its intersection with U. S. Highway 221; thence in a
northeasterly direction with U. S. Highway 221 to a point where
said route enters the City of Roanoke; thence with the corporate
line of the City of Roanoke in a southeasterly and easterly
direction until it intersects with the western side of Virginia
26 6
April 23, 1991
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--- ., -- ~
Secondary Route 668 (Yellow Mountain Road) at the place of
beginning.
windsor Hills Maqisterial District
Beginning at a point on the east side of Virginia Primary
Route 419 (Electric Road) and the north side of Virginia
Secondary Highway 635 (Keagy Road) a common corner on the City of
Salem/City of Roanoke/Roanoke County boundary; thence with the
west corporate line of the city of Roanoke and the east side of
Virginia Primary Route 419 (Electric Road) in a south-
southeasterly direction to the intersection of Virginia Highway
713 (Glen Heather Road); thence with the west corporate line of
the City of Roanoke and the south side of Virginia Highway 713
(Glen Heather Road) in an easterly direction to the intersection
with State Secondary Route 686 (Grandin Road Extension); thence
with the west corporate line of the City of Roanoke and the south
side of State Secondary Route 686 (Grandin Road Extension) in an
easterly direction to the west outside boundary of Taryn Hill
SUbdivision; thence with the west corporate line of the City of
Roanoke to Garst Mill Road; thence with the west corporate line
of the City of Roanoke and the south side of Garst Mill Road in
an east-northeasterly direction to the intersection of Grandin
Road Extension; thence with the west corporate line of the City
of Roanoke and the south side of Grandin Road Extension in an
easterly direction to the center of Mudlick Creek; thence with
the west corporate line of the City of Roanoke to U. S. Highway
221; thence leaving the corporate line of the City of Roanoke and
26 7 ·
April 23, 1991
~. -~ ~,--
with u. S. Highway 221 in a southwesterly direction to state
Secondary Route 690; thence southerly with state Secondary Route
690 to State Secondary Route 691; thence with State Secondary
Route 691 in a southerly direction to the Roanoke/Franklin County
line; thence with the Roanoke/Franklin County line as it meanders
in a southwesterly direction along the crest of Blue Ridge Moun-
tains to its intersection with the Roanoke/Floyd County line;
thence with the Roanoke/Floyd County line westerly to its
intersection with the common corner of the
Roanoke/Montgomery/Floyd county line; thence with the
Roanoke/Montgomery County line in a northerly direction to the
crest of Poor Mountain at its intersection with State Secondary
Route 916; thence following ~ tangent near the ridge lina the
crest of Poor Mountain in a generally northeasterly direction ~
a cre3t of roor liountain at the interaection of otate Cecondary
Route G12; thence continuing along the crest of Poor Mountain and
Twelve O'Clock Knob to a point where a gas transmission line
crosses the crest of Twelve O'Clock Knob (elevation 2683); thence
with a line in a northeasterly direction to a point on the cor-
porate line of the City of Salem near the 1990 terminus of State
Route 736 (Mowles Road); thence with the corporate line of the
City of Salem in an easterly and northerly direction to Virginia
Secondary Highway 685 (Keagy Road); thence in a northerly and
easterly direction with Virginia Secondary Highway 685 (Keagy
Road) to its intersection with Virginia Primary Route 419 to the
place of beginning.
26 8
April 23, 1991
=
:
3. That the outside boundaries of the twenty-nine (29)
voting precincts shall be as follows:
Bent Mountain Precinct
Beginning on the Roanoke/Montgomery County line at top of
Poor Mountain at the top of roor Uountain at the intersection of
state Secondary Route 916; thence following a tangent near the
ridge line of Poor Mountain in a generally northeasterly
direction to an elevation of 3720 feet near the radio tower shown
on USGS Quad sheet to a cre3t of roor Uountain at the
interocction of Ctate Cecondary Route G12; thence continuing in a
generally northeasterly direction down the slope of Poor Mountain
to an elevation of 2800 feet; thence following the 2800 foot
contour elevation of Poor and Bent Mountains in a generally
southern direction to the contours point of intersection with the
Appalachian Power Company high tension Roanoke-Claytor
transmission line; thence easterly with the Appalachian Power
Company high tension Roanoke-Claytor transmission line down the
slope of Bent Mountain to the topographic elevation 2,000 feet at
a branch of Back Creek; thence with the topographic elevation
2,000 feet in a southeasterly direction with the base of Bent
Mountain to Dividing Spring Branch; thence southerly with
Dividing Spring Branch as it meanders to the Roanoke/Franklin
County line at Slings Gap; thence with the Roanoke/Franklin
County line in a westerly-southwesterly direction to the
Roanoke/Floyd County line; thence with the Roanoke/Floyd County
line westerly to the Roanoke/Floyd/Montgomery County line; thence
April 23, 1991
269
with the Roanoke/Montgomery County line in a northerly direction
to the place of beginning.
Windsor Hills Magisterial District
Bent Mountain Fire station - voting place
Bonsack Precinct
Beginning at a point of intersection of the Blue Ridge
Parkway and the Roanoke/Botetourt County line; thence in a
southwesterly direction with the Blue Ridge Parkway to the
topographic crest of stewart's Knob; thence with the topographic
crest of stewart's Knob in a westerly direction to a point on the
east corporate line of the City of Roanoke; thence with the east
corporate line of the City of Roanoke to its intersection with
state Secondary Route 611 (Read Mountain Road); thence in an
easterly direction with Secondary Route 611 until it intersects
with the crest of Read Mountain Extended; thence northeasterly
with the crest of Read Mountain until it intersects with the
Roanoke/Botetourt County line; thence southeasterly with the
Roanoke/Botetourt County line to the place of beginning.
Hollins Magisterial District
Bonsack United Methodist Church - voting place
Botetourt Sprinqs Precinct
Beginning at the southerly right-of-way of Interstate 81
and the Botetourt/Roanoke County line; thence with the southerly
right-of-way of Interstate 81 in a westerly direction to Deer
Branch Creek; thence south with Deer Branch Creek to Virginia
270
April 23, 1991
=
Route 117 (Peters Creek Road); thence with Virginia Route 117
(Peters Creek Road) in a westerly direction to the west fork of
Carvin Creek; thence with the west fork of Carvin Creek in a
northwesterly direction approximately 1,000 feet to a point where
the center line of the present Cross Timbers Trail, if extended,
would intersect the said west fork of Carvin Creek; thence with
the center line of Cross Timbers Trail extended in a
southwesterly direction to the true center line of the existing
Cross Timbers Trail; thence with the center line of Cross Timbers
Trail to its intersection with Virginia Secondary Route 628 (Wood
Haven Road); thence with State Secondary Route 628 (Wood Haven
Road) west to the west right-of-way of Interstate Route 581;
thence north with the west right-of-way line of Interstate Route
581 to Interstate Route 81; thence east with the southerly right-
of-way of Interstate 81 to the Botetourt/Roanoke County line
being the place of beginning.
Hollins Magisterial District
Hollins Fire station - Voting place
Burlinqton Precinct
Beginning at a point at the intersection of U.S. Highway
11 (Williamson Road) and Virginia Route 117 (Peters Creek Road) ;
thence west with Virginia Route 117 (Peters Creek Road) a point
on the northerly right-of-way of Virginia Highway 117 (Peters
Creek Road) where the fork of Carvin Creek crosses said Peters
Creek Road; thence with the west fork of Carvin Creek in a
northwesterly direction approximately 1,000 feet to a point where
April 23, 1991
271
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_._-_.--~--_.._..
__ .__0.. __.___
the center line of the present Cross Timbers Trail, if extended,
would intersect said west fork of Carvin Creek; thence with the
center line of Cross Timbers Trail extended in a southwesterly
direction to the true centerline of the existing Cross Timbers
Trail; thence with the center line of Cross Timbers Trail to its
intersection with Virginia Secondary Route 628 (Wood Haven Road);
thence in a northwesterly direction with Virginia Secondary Route
628 (Wood Haven Road) to its intersection with Interstate 581;
thence south with Interstate 581 to its intersection with
Virginia Route 117 (Peters Creek Road); thence in an easterly
direction with Virginia Route 117 (Peters Creek Road) to its
intersection with State Secondary Route 628 (Wood Haven Road) and
the north corporate limit of the City of Roanoke; thence with the
north corporate limit of the City of Roanoke in an
east/southeasterly direction to Route 1858; thence with Route
1858 east to state Secondary Route 623 (Florist Road); thence
with State Secondary Route 623 (Florist Road) leaving the north
corporate limit of the City of Roanoke in a northerly direction
to u.s. Highway 11 (Williamson Road); thence north with u.S.
Highway 11 (Williamson Road) to the place of Beginning.
Hollins Magisterial District
Burlington Elementary School - voting place
Castle Rock Precinct
Beginning at a point in the intersection of Virginia
Primary Route 419 (Electric Road) and U. S. Highway 221
(Brambleton Avenue); thence southwesterly with U. S. Highway 221
272
April 23, 1991
:
(Brambleton Avenue) to its intersection with Rosecrest Road;
thence in a westerly direction with Rosecrest Road to its
intersection with state Route 689 (Roselawn Road); thence with
state Secondary Route 689 (Roselawn Road) in a northwesterly
direction to the crossing location of the Appalachian Power
Company high tension Glen Lyn -Hancock Electric Transmission
line; thence with Appalachian Power Company high tension Glen
Lyn-Hancock Electric Transmission line in a northeasterly
direction to its intersection state Secondary Route 1687 (Brahma
Road); thence northwest with state Secondary Route 1687 (Brahma
Road) to State Secondary Route 1688 (Longhorn Road); thence north
with state Secondary Route 1688 (Longhorn Road) to state
Secondary Route 702 (Castle Rock Road); thence in a westerly
direction with State Secondary Route 702 (Castle Rock Road) to
State Secondary Route 1316 (Stoneybrook Drive); thence
north/northeasterly with State Secondary Route 1316 (Stoneybrook
Drive) to Virginia Primary Route 419 (Electric Road); thence in a
southeasterly/easterly direction with Virginia Primary Route 419
(Electric Road) to its intersection with u.S. Highway 221
(Brambleton Avenue) being the place of beginning.
windsor Hills Magisterial District
Cave Spring Fire Department - voting place
Catawba Precinct
Beginning at the top of Brush Mountain at the Montgomery-
Roanoke-Craig County line; thence with the Roanoke-Craig County
line in a northeasterly direction to the Roanoke-Craig-Botetourt
April 23, 1991
273
~
County line; thence with the Roanoke-Botetourt County line in a
southerly direction to the crest of Tinker Mountain; thence with
the crest of Tinker Mountain in a westerly direction to the top
of McAfee Knob on Catawba Mountain,; thence continuing in a
westerly direction with the crest of Catawba Mountain to the
Roanoke-Montgomery County line; thence with the Roanoke-
Montgomery County line in a northerly direction to the place of
beginning.
Catawba Magisterial District
Catawba Fire station - Voting Place
Cave S'Drinq Precinct
Beginning at a point at the intersection of U.S. Highway
221 (Brambleton Avenue) and State Secondary Route 720 (Colonial
Avenue); thence east with state Secondary Route 720 (Colonial
Avenue) to State Secondary Route 687 (Penn Forest Boulevard);
thence continuing east with State Secondary Route 687 (Penn
Forest Boulevard) to state Secondary Route 800 (Chaparral Drive);
thence southwest with State Secondary Route 800 (Chaparral Drive)
to State Secondary Route 613 (Merriman Road); thence with State
Secondary Route 613 (Merriman Road) southeasterly to State
Secondary Route 1726 (Cartwright Drive); thence with Cartwright
Drive in a Southwesterly direction to State Secondary Route 897;
thence with State Secondary Route 897 in a westerly direction to
U.S. Highway 221 (Brambleton Avenue); thence with u.S. Highway
221 (Brambleton Avenue) in a northerly direction to the place of
beginning.
274
April 23, 1991
Cave Spring Magisterial District
Cave Spring Elementary School - voting place
Clearbrook Precinct
Beginning at a point in the City of Roanoke corporate
line where U.S. 220 south exits the City; thence with the
southerly boundary of the City of Roanoke in a northeasterly
direction to a point where it intersects Secondary Route 668
(Yellow Mountain Road); thence in a southerly direction until
Route 668 (Yellow Mountain Road) intersects Route 667 (Mayland
Road); thence in a southeasterly direction with Secondary Route
667 until it intersects with Secondary Route 666 (Bandy Road);
thence in a northeasterly direction with Secondary Route 666
(Bandy Road) to its intersection with State Route 667 (Old
Virginia Springs Road); thence southeasterly with State Route 667
(Old Virginia Springs Road) to the Franklin County line at the
crest of the Blue Ridge Mountains; thence with the Roanoke-
Franklin County line in a southwesterly to northwesterly
direction as it meanders along the crest of the Blue Ridge
Mountains to State Secondary Route 613; thence northerly along
state Secondary Route 613 until it intersects the Blue Ridge
Parkway; thence in a south-easterly and northeasterly direction
with the Blue Ridge Parkway until it intersects Primary Highway
220; thence northerly with Primary Highway 220 to the place of
beginning.
Cave Spring Magisterial District
Voting Place - Clearbrook Elementary School
April 23, 1991
275 ..~
- -- --
---_._-,._---'-_._.'.__.._-,-_.._~-~._----
. - -
Cotton Hill Precinct
Beginning at a point on the western right-of-way of U. S.
Highway 221 (Brambleton Avenue) at its intersection with state
Secondary Route 897; thence west with U. S. Highway 221
(Brambleton Avenue) to State Secondary Route 690; thence south
with State Secondary Route 690 to State Secondary Route 691;
thence in a southerly direction with state Secondary Route 691 to
the Franklin-Roanoke County line; thence in an easterly direction
with the crest of the Blue Ridge Mountains and the Franklin-
Roanoke County line to State Secondary Route 613; thence in a
northerly direction with State Secondary Route 613 through
Starkey to State Secondary Route 897; thence with State Secondary
Route 897 in a westerly direction to the point of beginning.
Cave Spring Magisterial District
Penn Forest Elementary School - Voting Place
Garst Mill Precinct
Beginning at a point on Virginia Primary Route 419 at
Cordell Drive: thence with Cordell Drive in an easterly direction
to its intersection with Old McVitty Road; thence south with Old
McVitty Road to its intersection with Cresthill Drive; thence in
an easterly direction with Cresthill Drive to its intersection
with the west fork of Mud Lick Creek; thence with the west fork
of Mud Lick Creek and Mud Lick Creek as it meanders in a
northeasterly direction to the southerly corporate line of the
City of Roanoke; thence with the corporate line of the City of
Roanoke in a northeasterly and southeasterly direction to a point
276
April 23, 1991
=
:
where it crosses u. S. Highway 221 (Brambleton Avenue); thence
with U. S. Highway 221 (Brambleton Avenue) in a southwesterly
direction to its intersection with Virginia Primary Route 419;
thence with Virginia Primary Route 419 in a northwesterly
direction to the place of beginning.
windsor Hills Magisterial District
Library Headquarters - voting place
Glenvar Precinct
Beginning at a point on the Roanoke/Montgomery County
line where u.s. 81 intersects that line; thence with the said
u.s. Interstate 81 in a northeasterly direction to its
intersection with state Secondary Route 640; thence to the south
right-of-way line of the said Interstate 81 to the western most
corner of the City of Salem corporate line; thence in a generally
northeasterly direction with the said City of Salem corporate
line to a point where Dry Branch forks into an easterly and
westerly fork; thence with the easterly fork of the said Dry
Branch as it meanders in generally a northwesterly direction to
where this branch or hollow intersects a fire trail at the
topographic crest of Fort Lewis Mountain, the said branch or
hollow crosses the boundary of the Haven state Game Refuge and is
approximately 8,600 feet southwesterly of its eastern most
corner; thence with the topographic crest of Fort Lewis Mountain
and generally a southwesterly direction to its intersection with
the Roanoke/Montgomery County line; thence with the said
April 23, 1991
277
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-,--
Roanoke/Montgomery County line in a southeasterly direction to
the place of beginning.
Catawba Magisterial District
Glenvar Elementary School- Voting Place
Green Hill Precinct
Beginning at a point on U.s. Interstate 81 at its
intersection with Secondary Route 640 and opposite and north of
the City of Salem corporate limits; thence south to the west
corporate line of the City of Salem; thence with the west
corporate line of the City of Salem in a southerly direction and
with the south corporate line of the City of Salem in an easterly
and southerly direction to a point on the corporate line of the
City of Salem at a point where the said line turns from southeast
to northeast near the 1990 terminus of State Route 736 (Mowles
Road); thence with a line in a southwesterly direction to a
point where it intersects with a gas transmission line at the
crest of 12 O'Clock Knob (elevation 2683); thence with the crest
of 12 O'Clock Knob and with the crest of Poor Mountain, the
dividing line between Catawba and the Windsor Hills Magisterial
District, in a westerly and southwesterly direction to the
intersection of State Secondary Route 612; thence following â
taRgcRt Rcar the crest of Poor Mountain in a generally
southwesterly direction to its intersection with State Secondary
Route 916 on the Montgomery/Roanoke County line; thence with the
Montgomery/Roanoke County line in a northerly direction to U.s.
278
April 23, 1991
=
Interstate 81; thence in a northeasterly direction with u.s.
Interstate 81 to the point of beginning.
Catawba Magisterial District
Fort Lewis Fire station - voting place
Hollins Precinct
Beginning at the southerly right-of-way of Interstate 81
and the Roanoke/Botetourt County line; thence with the southerly
right-of-way of Interstate 81 in a westerly direction to Deer
Branch Creek; thence south with Deer Branch Creek as it meanders
to Virginia Route 117 (Peters Creek Road); thence easterly with
Virginia Route 117 (Peters Creek Road) to its intersection with
Route 11 (Williamson Road); thence in a southeasterly direction
with Route 11 (Williamson Road) to its intersection with state
Secondary Route 1821 (Clubhouse Drive); thence in a southeasterly
direction with state Secondary Route 1821 (Clubhouse Drive)
extended until it intersects the east fork of Carvins Creek;
thence northeasterly with Carvins Creek as it meanders until it
intersects Virginia Primary Route 115 (Plantation Road); thence
in a northwesterly direction with Virginia Primary Route 115
(Plantation Road) until it intersects Route 11 (Williamson Road);
thence in an easterly direction with Route 11 (Williamson Road)
until it intersects the Roanoke/Botetourt County line; thence
with the Roanoke/Botetourt County line in a northwesterly
direction to the place of beginning.
Hollins Magisterial District
Hollins Library - voting place
April 23, 1991
279
Huntinq Hills Precinct
Beginning at a point where u.s. Route 419 (Electric Road)
intersects the corporate line of the City of Roanoke; thence in a
southeasterly direction with the corporate line of the City of
Roanoke and partially with Route 220 to a point where the said
Route 220 intersects the Blue Ridge Parkway; thence with the Blue
Ridge Parkway in a southwesterly and then northwesterly direction
to its intersection with Route 613; thence in a northerly
direction with state Secondary Route 613 to Secondary Route 904
(Starkey Road); thence in an easterly and northerly direction
with State Secondary Route 904 (Starkey Road) to its intersection
with State Primary Route 419 (Electric Road); thence in a
northeasterly direction with State Primary Route 419 (Electric
Road) to the place of beginning.
Cave Spring Magisterial District
Penn Forest Church of God - Voting Place
Lindenwood Precinct
Beginning at a point of intersection of the east
corporate limit of the City of Roanoke and the topographic crest
of Stewart's Knob; thence in a easterly direction with the
topographic crest of Stewart's Knob to the Blue Ridge Parkway;
thence in a northeasterly direction with the Blue Ridge Parkway
to the Botetourt/Roanoke County line; thence south with the
Botetourt-Roanoke County line to its intersection with the
Botetourt/Bedford/Roanoke County line; thence with the
Bedford/Roanoke County line in a southerly direction to the
28 0
April 23, 1991
=
Roanoke River; thence west with the Roanoke River to Wolf Creek
at the east corporate limit of the Town of Vinton; thence north
with Wolf Creek and the east corporate limit of the Town of
vinton to the place of beginning.
vinton Magisterial District
William Byrd High School - Voting Place
Mason Valley Precinct
Beginning at a point on the Roanoke/Montgomery County
line at the top of Catawba Mountain; thence with the crest of
Catawba Mountain in an easterly direction to the top of McAfee
Knob; thence with the crest of Tinker Mountain in an easterly
direction to the Roanoke/Botetourt County line; thence with the
Roanoke/Botetourt County line in a southeasterly direction to the
southerly right-of-way of Interstate 81; thence west with
Interstate 81 to its intersection with a service road identified
as Loch Haven Drive; thence north with Loch Haven Drive to Loch
Haven Country Club; thence north with the road to Loch Haven
Country Club to State Secondary Route 1404; thence in a westerly
direction with State Secondary Route 1404 to the City of Roanoke
Water Department west property line; thence north with the City
of Roanoke Water Department west property line to the topographic
crest of Brushy Mountain; thence with the crest of Brushy
Mountain in a southwesterly direction crossing Mason's Creek to
the intersection of Virginia Route 311 and State Secondary Route
863; thence north with Virginia Route 311 to the topographic
crest of Fort Lewis Mountain; thence leaving Virginia Route 311
April 23, 1991
28 1 4
with the topographic crest of Fort Lewis Mountain in a westerly
direction to the Roanoke/Montgomery County line; thence with the
Roanoke/Montgomery County line in a northwesterly direction to
the place of beginning.
Catawba Magisterial District
Mason Cove Elementary School - Voting Place
Mountain View Precinct
Beginning at a point on the Roanoke/Botetourt County line
at its intersection with U. S. Primary Route 11 (Williamson
Road); thence in a westerly direction with U. S. Primary Route 11
(Williamson Road) to its intersection with Virginia Primary Route
115 (Plantation Road); thence in a southerly direction with
Virginia Primary Route 115 (Plantation Road) to a point where it
intersects with the north corporate line of the City of Roanoke;
thence northeasterly with the corporate line of the City of
Roanoke as it meanders until it intersects with Secondary Route
611 (Read Mountain Road); thence in an easterly direction with
Secondary Route 611 (Read Mountain Road) until it intersects with
the crest of Read Mountain Extended; thence northeasterly with
the crest of Read Mountain until it intersects with the
Roanoke/Botetourt County line; thence northwesterly with the said
Roanoke/Botetourt County line to the place of beginning.
Hollins Magisterial District
Mountain View Elementary School - voting place
Mount Pleasant Precinct
282
April 23, 1991
=
-
Beginning at the west corporate line of the Town of
vinton and the east corporate line of the City of Roanoke at the
Roanoke River; thence with the Roanoke River in a southeasterly
direction to the Roanoke-Bedford County line; thence in a
southerly direction with the Roanoke River/Roanoke County/Bedford
County line to the Roanoke/Franklin/Bedford County line; thence
in a southerly direction with the Roanoke/Franklin County line
along the crest of the Blue Ridge Mountains to state Route 667
(Old Virginia springs Road extended); thence in a northwesterly
direction with state Secondary Route 667 to its intersection with
Route 666 (Bandy Road); thence continuing with Route 666 (Bandy
Road) in a southwesterly direction until it intersects with state
Route 667 (Mayland Road); thence in a northwesterly direction
with state Route 667 until it intersects state Route 668 (Yellow
Mountain Road); thence in a northerly direction with Yellow
Mountain Road until it intersects with the southern corporate
line of the City of Roanoke; thence with the southern corporate
line of the City of Roanoke in a northeasterly direction to the
place of beginning.
vinton Magisterial District
Mount Pleasant Elementary School - Voting Place
Mount Vernon Precinct
Beginning at a point on state Secondary Route 720
(Colonial Avenue) and the south corporate limit of the City of
Roanoke; thence with state Secondary Route 720 (Colonial Avenue)
in a southwesterly direction to u.S. Highway 221 (Brambleton
April 23, 1991
283
Avenue); thence in a northeasterly direction with Route 221
(Brambleton Avenue) to the south corporate limit of the City of
Roanoke; thence with the south corporate limit of the City of
Roanoke in a southeasterly direction to the place of beginning.
Cave Spring Magisterial District
Roanoke County Administration Center - Voting Place
Northside Precinct
Beginning at a point at the intersection of Interstate
581 and state Secondary Route 628 (Wood Haven Road); thence in a
northwesterly direction with State Secondary Route 628 (Wood
Haven Road) to its intersection with Virginia Secondary Route 629
(Green Ridge Road); thence in a southerly direction with Green
Ridge Road to its intersection with Cove Road; thence in an
¡--
easterly direction with Cove Road to its intersection with
Virginia Route 117 (Peters Creek Road); said point being on the
northern boundary of the City of Roanoke and the northern right-
of-way of Peters Creek Road; thence with the northerly right-of-
way of Virginia Secondary Route 117 (Peters Creek Road) and
partially with the corporate line of the City of Roanoke to the
intersection of the northerly right-of-way line of Virginia
Highway 117 (Peters Creek Road) with Interstate 581; thence in a
northerly direction with Interstate 581 to the place of
beginning.
Catawba Magisterial District
Northside High School - voting place
North Vinton Precinct
284
April 23, 1991
=
:
Beginning at the east corporate line of the City of
Roanoke and the west corporate line of the Town of Vinton at
Virginia Avenue; thence with the corporate line of the Town of
Vinton in a northeasterly and easterly direction to Wolf Creek;
thence with Wolf Creek and the east corporate line of the Town of
vinton in a southerly direction to Washington Avenue; thence
with Washington Avenue in a westerly direction to Pollard street;
thence with Pollard street in a southerly direction to Virginia
Avenue at First street; thence with Virginia Avenue in a westerly
direction to the place of beginning.
vinton Magisterial District
Vinton Fire Department - Voting Place
Oak Grove Precinct
Beginning at a point on the east side of Virginia Primary
Route 419 (Electric Road) and on the north side of Virginia
Secondary Highway 685 (Keagy Road) being a point on the City of
Salem/City of Roanoke/Roanoke County boundary; thence with the
west corporate line of the City of Roanoke and the east side of
Virginia Primary Route 419 (Electric Road) in a south-
southeasterly direction to the intersection with State Secondary
Route 1316 (Stoneybrook Drive); thence in a southwesterly
direction with state Secondary Route 1316 (Stoneybrook Drive) to
state Secondary Route 702 (Castle Rock Road); thence in an
easterly direction with State Secondary Route 702 (Castle Rock
Road) to State Secondary Route 1688 (Longhorn Road); thence south
with state Secondary Route 1688 (Longhorn Road) to State
April 23, 1991
285
~
Secondary Route 1687 (Brahma Road); thence southeast with state
Secondary Route 1687 (Brahma Road) to the crossing of the
Appalachian Power Company high tension Glen Lyn-Hancock electric
transmission line; thence with the Appalachian Power Company high
tension Glen Lyn-Hancock electric transmission line in a
southwesterly direction to state Secondary Route 689 (Roselawn
Road); thence northwest with state Secondary Route 689 (Roselawn
Road) to State Secondary Route 692; thence west with State
Secondary Route 692 (Mount Chestnut Road) to the crossing
location of a gas pipeline; thence with this gas pipeline in a
northerly direction to its intersection with the crest of 12
O'Clock Knob (elevation 2683); thence with a line in a north-
easterly direction to a point on the south corporate line of the
City of Salem near the 1990 terminus of State Route 736 (Mowles
Road); thence with the south corporate line of the City of Salem
in an easterly direction to the place of beginning.
Windsor Hills Magisterial District
Oak Grove School - voting place
Oqden Precinct
Beginning at a point on State Secondary Route 720
(Colonial Avenue) and the south corporate limit of the City of
Roanoke; thence with State Secondary Route 720 (Colonial Avenue)
in a southwesterly direction to State Secondary Route 687 (Penn
Forest Boulevard); thence east with State Secondary Route 687
(Penn Forest Boulevard) to State Secondary Route 904 (Starkey
Road); thence northeast with State Secondary Route 904 (Starkey
286
April 23, 1991
=
-
=
Road) to Virginia Route 419 (Electric Road); thence northeast
with Virginia Route 419 (Electric Road) to the south corporate
limit of the City of Roanoke; thence north and westerly with the
south corporate limit of the City of Roanoke to the place of
beginning.
Cave Spring Magisterial District
Green Valley Elementary School - Voting Place
Penn Forest Precinct
Beginning at a point at the intersection of State
Secondary Route 687 (Penn Forest Boulevard) and State Secondary
Route 800 (Chaparral Drive); thence with State Secondary Route
800 (Chaparral Drive) in a southwesterly direction to State
Secondary Route 613 (Merriman Road); thence southeasterly with
State Secondary Route 613 (Merriman Road) to State Secondary
Route 1525 (Cartwright Drive); thence in a southwesterly
direction with State Secondary Route 1525 (Cartwright Drive) to
State Secondary Route 897; thence east with State Secondary Route
897 to State Secondary Route 613 (Merriman Road); thence with
State Secondary Route 613 (Merriman Road) in a southeasterly
direction to State Secondary Route 904 (Starkey Road); thence
east and north with State Secondary Route 904 (Starkey Road) to
State Secondary Route 687 (Penn Forest Boulevard); thence with
State Route 687 (Penn Forest Boulevard) in a westerly direction
to the place of beginning.
Cave Spring Magisterial District
Cave Spring High School - Voting Place
April 23, 1991
287~
Peters Creek Precinct
Beginning at a point on Route 628 (Wood Haven Road) where
the said Route 628 crosses the western right-of-way line of U.S.
Route 581; thence north with the west right-of-way line of
Interstate 581 crossing Interstate Route 81 and the intersection
of Route 81 service road (Loch Haven Drive) to the intersection
of the road to Loch Haven Country Club; thence north with the
road to Loch Haven Country Club to state Secondary Route 1404;
thence in a westerly direction with state Secondary Route 1404 to
the City of Roanoke Water Department west property line; thence
north with the City of Roanoke Water Department west property
line to the topographic crest of Brushy Mountain; thence with the
topographic crest of Brushy Mountain in a southwesterly direction
crossing Mason Creek to the intersection of Virginia Route 311
and State Secondary Route 683; thence north with Virginia Route
311 to the topographic crest of Fort Lewis Mountain; thence
leaving Virginia Route 311 and with the topographic crest of Fort
Lewis Mountain in a northwesterly direction approximately 13,000
feet intersecting a hollow which is the east fork of Dry Branch
and an existing fire trail; thence with the hollow which is the
east fork of Dry Branch in a southeasterly direction as it
meanders to a point where Dry Branch divides into an east and
west fork at the north corporate line of the City of Salem;
thence with the north corporate line of the City of Salem and in
a generally northeasterly direction to its intersection with
State Route 419 (Electric Road); thence with the east corporate
28 8
April 23, 1991
:
line of the City of Salem in a south-northeasterly direction to a
point on the City of Salem, Roanoke County, and City of Roanoke
line at Green Ridge Road; thence in a southeasterly direction
with Green Ridge Road to its intersection with Cove Road; thence
in an easterly direction with Cove Road at its intersection with
Green Ridge Road; thence north with Green Ridge Road to its
intersection with Wood Haven Road; thence east with Wood Haven
Road to the place of beginning.
Catawba Magisterial District
Glen Cove School - Voting Place
Plantation Precinct
Beginning at a point where Route 11 (Williamson Road)
intersects Route 1821 (Clubhouse Drive); thence southeasterly
with Route 11 (Williamson Road) until it intersects Secondary
Route 623 (Florist Road); thence in a southeasterly direction
with Secondary Route 623 (Florist Road) until it intersects the
north corporate line of the City of Roanoke; thence in an
easterly direction with the north corporate line of the City of
Roanoke until it intersects Virginia Primary Route 115
(Plantation Road); thence in a northwesterly direction with
Virginia Primary Route 115 (Plantation Road) to a point where the
said road intersects the east fork of Carvins Creek; thence with
the east fork of Carvins Creek in a southwesterly direction as it
meanders to a point opposite the center line extended of
Secondary Route 1821 (Clubhouse Drive); thence northwesterly with
April 23, 1991
289"
the center line of Secondary Route 1821 (Clubhouse Drive) to its
intersection with u.s. Route 11
(Williamson Road) the place of beginning.
Hollins Magisterial District
Roanoke Valley Christian School - voting place
Poaqes Mill Precinct
Beginning at a point on the western right-of-way of U. S.
Highway 221 (Brambleton Avenue) and its intersection with
Rosecrest Road; thence in a westerly direction with Rosecrest
Road to its intersection with State Secondary Route 689 (Roselawn
Road); thence in a northwesterly direction with State Secondary
Route 689 (Roselawn Road) to State Secondary Route 692; thence
west with state Secondary Route 692 (Mount Chestnut Road) to the
crossing location of a gas pipeline; thence with this gas
pipeline in a northerly direction to its intersection with the
crest of Twelve O'Clock Knob (elevation 2683); thence with the
topographic crest of Twelve O'Clock Knob and Poor Mountain in a
westerly-southwesterly direction to State Secondary Route 612;
thence in a generally southeasterly direction down the slope of
Poor Mountain to an elevation of 2800 feet; thence following the
2800-foot contour elevation of Poor and Bent Mountains in a
generally southern direction to the contours point of
intersection with Appalachian Power Company high-tension Roanoke-
Claytor transmission line; thence easterly with the Appalachian
Power Company high tension Roanoke-Claytor transmission line down
the slope of Bent Mountain to the topographic elevation 2,000
290 ~~
April 23, 1991
=
feet at a branch of Back Creek; thence with the topographic
elevation 2,000 feet as it traverses in a southeasterly direction
with the base of Bent Mountain to Dividing Spring Branch; thence
southerly with Dividing Spring Branch as it meanders to the
Roanoke/Franklin County line; thence with the Roanoke/Franklin
County line easterly to its intersection with State Secondary
Route 691; thence in a northerly direction with State Secondary
Route 691 to its intersection with State Secondary Route 690;
thence in a northerly direction with State Secondary Route 690 to
the intersection of U.S. Highway 221; thence with U. S. Highway
221 to the place of beginning.
Windsor Hills Magisterial District
Back Creek Elementary School - voting place
South Vinton Precinct
Beginning at the east corporate line of the City of
Roanoke and the west corporate line of the Town of Vinton at
Virginia Avenue; thence with Virginia Avenue in an easterly
direction to Pollard Street at First Street; thence with Pollard
Street in a northerly direction to Washington Avenue; thence with
Washington Avenue in an easterly direction to Wolf Creek being
the east corporate line of the Town of Vinton; thence with Wolf
Creek and the east corporate line of the Town of vinton in a
southerly direction to the Roanoke River; thence in a westerly
direction with the Roanoke River and the south corporate line of
the Town of Vinton to Tinker Creek being the east corporate line
of the City of Roanoke and the west corporate line of t
April 23, 1991
29 1
""
he Town of Vinton; thence with Tinker Creek in a northwesterly
direction to the place of beginning.
Vinton Magisterial District
Vinton Recreation Center - Voting Place
Windsor Hills Precinct
Beginning at the City of Roanoke corporate line where
Virginia Primary Route 419 (Electric Road) intersects Glen
Heather Drive; thence easterly with the corporate line of the
City of Roanoke to a point where the said corporate line
intersects Mud Lick Creek; thence southwesterly with Mud Lick
Creek and the west fork of Mud Lick Creek to a point where it
intersects Cresthill Drive; thence westerly with Cresthill Drive
to its intersection with state Secondary Route 1647 (Old McVitty
Road); thence north with Old McVitty Road to its intersection
with Cordell Drive; thence west with Cordell Drive to Virginia
Primary Route 419 (Electric Road) ; thence north with Virginia
Primary Route 419 (Electric Road) ; to the place of beginning.
Windsor Hills Magisterial District
Our Lady of Nazareth Catholic Church - voting place
4. That the effective date of this ordinance shall be
July 1, 1991.
On motion of Supervisor Nickens to adopt ordinance as
amended by Paul Mahoney with inclusion of Mowles Road in
description of Windsor Hills Magisterial District, and carried by
the following recorded vote:
292
April 23, 1991
:
-
AYES: Supervisors Eddy, Robers, Nickens, McGraw
NAYS: Supervisor Johnson
491-5
Ordinance enactinq the Roanoke-Valley
Cable Television ordinance for Roanoke
County
Don Terp, 5140 Appletree Drive asked about the time
limits on the extension of service. Assistant County Attorney
Joe Obenshain advised that the time limits on the extension is 30
months, the time limit for the rebuild, the institutional network
and the upgrade of channels are four years.
Supervisor Nickens moved to adopt the ordinance. The
motion was carried by the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
NAYS: None
ORDINANCE 42391-15 ENACTING THE ROANOKE-
VALLEY CABLE TELEVISION ORDINANCE FOR
ROANOKE COUNTY, VIRGINIA
WHEREAS, Cox Cable Roanoke, Inc. currently holds a
franchise granted by the Board of Supervisors of Roanoke County,
Virginia, to operate a cable television system within portions of
Roanoke County as part of a valley-wide cable television system;
and
WHEREAS, intense and lengthy negotiations have continued
for a period of several months between Cox Cable Roanoke, Inc.
and the County of Roanoke, the City of Roanoke and the Town of
Vinton, Virginia, for the renewal of this franchise which was
April 23, 1991
293
extended for a period of 120 days from the expiration of the
current franchise agreement on December 31, 1990, by Ordinance #
121890-17, and Ordinance #22691- 5; and
WHEREAS, these negotiations have produced agreement as to
the terms of a new cable television ordinance and franchise
agreement which will provide substantial improvements in channel
capacity, franchise fee, areas of cable service, public and
governmental access, capital contributions and customer service
for the citizens and agencies of Roanoke County and the other
participating governments; and
WHEREAS, Cox Cable Roanoke, Inc. is prohibited by federal
law from operating a cable television system within any
jurisdiction without a franchise agreement or extension as
defined by federal law; and
WHEREAS, the first reading of this ordinance was held on
April 16, 1991, and a public hearing and second reading of this
ordinance was held on April 23, 1991.
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the attached Roanoke-Valley Cable Television
Ordinance be enacted as Title __ of the Roanoke County Code and
the County Administrator is hereby authorized to execute any
franchise agreement or other documents necessary to grant a non-
exclusive franchise for operation of a cable television system in
the County of Roanoke, Virginia to Cox Cable Roanoke, Inc.
2Y 4
.
April 23, 1991
2. That Ordinance No. 1178 "GRANTING A FRANCHISE FOR A
CATV SYSTEM IN ROANOKE COUNTY" adopted January 28, 1975, is
hereby repealed.
3. That this Ordinance shall be in full force and effect
on and after the first day of May, 1991.
On motion of Supervisor Nickens to adopt ordinance, and
carried by the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS: None
TABLE OF CONTENTS
1
DEFINITIONS
.......
..........
1
2
GRANT OF AUTHORITY.
.................
2.1 Franchise . . .. ... .......
2.2 Street and Riqht-of-Way Use Not Exclusive . . . .
2.3 Compliance required . . . . . .
2.4 Ownership of Cable System . . . . . . . .
2.4.1 Grantee to Own.. ..........
2.4.2
· . .
15
15
15
16
16
16
2.4.3
2.4.4
2.4.5
2.4.6
2.4.7
Sale. or Transfer of Franchise. or
Chanqe of Control of Grantee · · · · · · · 16
Notice to Grantors . . . . . · · · · · 17
Effect of Unauthorized Action · · · · · · 18
Foreclosure . . . . . · · · · · · 18
Receivership or Bankruptcy . · · · · · · · 18
Grantor to Assume Control · · · · · · 19
April 23, 1991
295
-
2.5 Police Power.
2.6 Public Works
. . . . . .
. . . .
. . . . . .
..........
2.7 Extension Policy ....
2.8 Extended Service Areas
. . . . . . . .
. . . . . . .
2.9 Provision of Service ..............
2.10 Operation Upon Revocation .. . . . . . . . .
2.11 Extension of Term bv Grantor. ....
2.12 Business Office . . . . . . . . . . . . . . .
2.13 Written Notice. . . . . . . . . . . . . .
2.14 Reimbursement..... ..........
2.15 Certification...... ........
2 . 16 consent.................
2.17 Imposition of requirements on Grantee
3 GRANTEE PAYMENTS TO GRANTOR · · · · · · · . . . . 24
3.1 PaYments . . . . . . . · · · · · · · 24
3.2 Conditions of Acceptance . · · · · · · · . . . . 24
4
INSTALLATION CONDITIONS
...........
4.1 Reservation of Riqhts
4.2 Underqround Easements
4.3 Installation
.... ......
..............
..............
4.3.1
4.3.2
Plans . .. .....
Construction: Permits: Supervision:
. . . .
Approval . . . . . . . . .
. . . . . .
4.3.3
Emerqencv Repairs
. . . .
19
19
19
20
21
21
22
22
22
23
23
23
23
24
24
25
25
25
25
26
29 6
April 23, 1991
-
4.3.4 Barriers: Liqhtinq . . . .
4.4 Relocations . . . . . . .
4.4.1 Temporary Relocation. . . .
4.4.2 Permanent Relocation. . . .
· . . .
· . . .
· . . .
· . .
· . .
4.5 Installation: Compliance with Codes
4.6 Joint Use: Safety Rules . . .
4.7 Interconnect . . . . . . . . . .
· . .
· . . . . .
· . . . . .
4.8 Identification
.......
· . .
· . .
5
4.9 Restoration: Repair
TECHNICAL REQUIREMENTS
· . . . . .
...............
.......
5.1 Technical Standards . . .
5.2 Construction Standards ....
· . . . . .
· . .
· . . . . .
6 TESTING . . . . . . . · · · · · · · · · . · · · · 32
6.1 Performance Testinq By Grantee · . . 32
6.2 Performance Testinq Required by Grantor · · · 33
7 LIABILITY OF GRANTORS · · · · · · · · · · . . 34
7.1 Liability: Hold Harmless · · · · · . · · · · 34
7.2 Expenses . . . . · · · · · · · · · · 34
8
INSURANCE; BONDING
· . .
..........
8.1 Insurance Coveraqe ...
8.2 Additional Indemnification
· . . . .
· . .
· . . . .
· . . . . .
8.3 Performance Bond . . .
8.4 Cash Deposit or Letter of Credit
· . .
· . . . . .
26
26
26
27
27
27
28
28
28
29
30
31
35
35
36
36
36
April 23, 1991
29 7
..
-
8.5 Cancellation Notice
8.6 Evidence of Insurance
. . . . . .
. . .
.........
8.7 Approval of Insurance Company . . . . .
8.8 Chanqes in Limits . . . . . . . . . . .
. . . . .
· . .
9
SERVICE PROVISIONS
.........
. . . .
9.1 Performance
. . . . . .
.........
9.2 Itemized Bills
. . . .
. . . . . .
9.3 Chanqe in Channel Arrav
9.4 Notice of Rate Chanqes
9.5 Disconnect Charqes
. .. ...
· . .
. . . . . .
· . .
.........
9.6 Rate or Service Discrimination: Special
Classifications . . .. ....
. . . . .
9.7 Free Basic Service
. . . . .
· . .
9.8 Emerqencv Power . . . . . . . . . . . .
9.9 Emerqencv Override . . . .. ...
9.10 Emerqencv Communications. ..........
9.11 State of the Art. . . . . . . .
9.12 Subscriber Antennas: AB Switches . . . . .
9.13 Tree trimming . . . . . . . . . . . .
9.14 Drops....... . . .
9.15 Installation Time . . . . . . . .. ...
9.16 Parental Guidance Control. . . . . . . . . . .
9.17 Complaint Policy. . . . . . . . . . . . . . .
9.18 Call Recordinq Service for Current Known
outaqes . . . . . . . .. ..........
37
37
37
37
38
38
38
38
38
39
39
39
40
40
41
41
42
42
42
43
43
44
44
29 8
April 23, 1991
10
ENFORCEMENT . . . . . . . . . . . . . . . . . . . . .
10.1 Performance Bond: Letter of Credit . . . .
10.1.1 Performance Bond. . . . . . .
10.1.2 Letter of Credit. . . . . . . . . . . . .
10.1.3 Call of Performance Bond: Letter of
Credit .. ........
44
44
44
45
10.2 Forfeiture and Termination. ....
10.2.1 Forfeiture and Termination.
. . .
46
46
46
. . .
10.3 Penalties.................. 49
10.4 Procedure for Revocation of Franchise or
Imposition of Penalties. . . . . .. ... 52
10.4.1 Notice and Opportunitv to Cure. . . . 52
10.4.2 Hearing . . . . . . . . . . . . . . . . . 52
10.4.3 Computation of Penalty ......... 53
10.5 Force Maieure: Waiver .... ...... 53
10.5.1 Force Maieure . .. ......... 53
10.5.2 No Waiver . . . . . . . . . . . . . . 54
10.6 Removal After Expiration or Revocation:
option to Purchase . . . . . . 54
10.6.1 Removal . . . . . . . . . . . 54
10.6.2 Disposal. . . . . . . . . . . 55
10.6.3 Option to Purchase. . . . . . . . . . . . 55
April 23, 1991
2.9 9
11 ROANOKE VALLEY REGIONAL CABLE TV COMMITTEE ("CATV
COMMITTEE" ) . . . . . . . . . . . . . .. 56
11.1 Members. ... ...... .... 56
11.2 Terms of Office ........ . . . . . . . 57
11.3 Meetings.............. ... 57
11.4 Powers and Duties. . . . . . . . .. ... 58
12
COURT AND REGULATORY AGENCY REPORTS AND FILINGS
. . .
60
13
ACCEPTANCE
.....................
60
14
TIME IS OF THE ESSENCE
.............
61
15 APPLICATION FOR FRANCHISE . . . . 61
15.1 Identification. ............... 61
15.2 Description of Applicant. ...... 61
15.3 Application................. 62
16
REGULATORY CHANGES ...........
16.1 General . . . . . . . . . .
16.2 Rate or Other Requlation. ......
. . .
65
65
65
17
OPEN BOOKS AND RECORDS
...............
66
18
SEVERABILITY
....................
66
30 0
April 23, 1991
19 SERVICE AND REPAIR STANDARDS · · · · · · 67
19.1 Repair Capability. · · · · · · · · · · 68
19.2 Notice . . · · · · · · · · · · · · · · 68
19.3 Repair Procedure · · · · · · · 69
19.3.1 Reports to Grantors. · · · · · · · 69
19.4 Refund for Outaqe. · · · · · · · · · · · · 70
19.5 Billinq Practices. · · · · · · · · · · · 70
19.6 Pro-rated Service. · · · · · · · · · 71
19.7 Disconnection for Non-Pavment. · · · · · · 71
19.8 Records. · · · · · · · · · · · · · · 71
20 CONSUMER STANDARDS ........ . . . 72
20.1 Mean time between failures. ......... 72
20.2 Mean time to repair. ... ....... 73
20.3 Subscriber Down Time. .......... 73
20.4 Mean Time to Install . . . . . . . . . . . . . 73
20.5 Service Calls (Repairs) . . . . . . . . . 73
20.6 Telephone Waitinq Time. . . . . . . . 73
21 PRIVACY . . . . . · · · · · · · · · · · · · · · · 74
21.1 Installation of Equipment. · · · · · · · · 74
21.2 Monitorinq. · · · · · · · · · · · 74
21.3 Subscriber Lists or Information. · · · · · · · 75
21.4 Protection of Privacy. · · · · · · · · · · 75
April 23, 1991
30 1
22 PRIOR INCONSISTENT ORDINANCES
. . . . . . . . . . . . . .
75
23
NON-DISCRIMINATION
. . . . . . . . . . . . . . . . . . . .
76
AN ORDINANCE PROVIDING FOR ONE OR MORE NON-EXCLUSIVE
FRANCHISES TO CONSTRUCT, OPERATE, AND MAINTAIN ONE OR MORE
CABLE TELEVISION SYSTEMS WITHIN ROANOKE, VIRGINIA, VINTON,
VIRGINIA, AND ROANOKE COUNTY, VIRGINIA.
NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS
ROANOKE-VALLEY CABLE TELEVISION ORDINANCE
("CATV ORDINANCE")
1 DEFINITIONS. For the purpose of this Ordinance, the
following terms, phrases, words, and their derivations shall have
the meaning given herein. When . not inconsistent with the
context, words used in the present tense include the future,
words in the plural number include the singular number, and words
in the singular number include the plural number. The words
"shall" and "will" are always mandatory, and not merely directive
or indicative. The word "may" is permissive and indicative, and
not mandatory.
1.1 "AB Switch": A high-isolation switch used to select
between two input signal sources, e.g., an off-air antenna and
the cable television subscriber drop.
1.2 "Access Cablecasting": Services provided by or through
a cable television system on its public, educational, local
government, and/or leased Channels.
1.3 "Access Channels": Designated Channels providing for
nondiscriminatory use of the Cable System by the public,
government agencies, and educational and other institutions as
defined below:
1.3.1 "Educational Access Channels": Designated
Channel(s) allocated for non-commercial use by the local
educational authorities and institutions, i.e., public and
private schools, industrial training centers, community colleges,
colleges, universities, and other institutions of learning.
302
April 23, 1991
1.3.2 "Government Access Channels":
Channel(s) allocated for non-commercial use by
Roanoke, County of Roanoke and the Town of Vinton.
Designated
the City of
1. 3.3 "Public Access Channels": Designated
Channel(s) allocated for free-expression, non-commercial, and
nondiscriminatory use by any member or members of the pUblic at
no charge for channel time .
1. 4 "Active Device": A device or circuit capable of some
dynamic function, such as amplification, oscillation, or signal
control, and which usually requires a power supply for its
operation.
1.5 "Aerial Cable": Outside Cable that is located above
ground on overhead utility or other structures.
1.6 "Affiliated Person": Any Person, corporation,
partnership, or other legal enti ty under common Control by or
with Grantee, any general partner, joint-venture partner, or
other Person holding 5% or more of Grantee's stock, or any
director or officer of Grantee, provided that "Affiliated Person"
shall in no event mean Grantor, any Limited Partner of Grantee,
or any creditor of Grantee solely by virtue of its status as a
creditor.
1. 7 "Alphanumeric": A format
of letters and numbers, usually
keyboards permitting communication
reference to Channels or programs
such form.
consisting of a combination
used (a) in reference to
in such form and/or (b) in
transmitting information in
1.8 "Ambient Temperature":
surrounding subject apparatus
synonymous with room temperature.
The temperature of the medium
and equipment. Sometimes
1.9 "Amplifier": A device used to increase the operating
level or power of an input signal, or to change the impedance of
or isolate the input signal from the output signal. Used in a
Cable Distribution System (trunk and feeder) to compensate for
the effects of attenuation (signal loss) caused by losses in
transmission components (cable , passives, etc.). Also used in
Head-Ends and processing centers, usually for single Channels.
1.10 "Analog" : Pertaining to signals in the form of
continuously-varying physical quantities.
1.l1 "Annexed Areas": Any areas added to the Territorial
Limits of Grantor.
April 23, 1991
30 3
1.12 "Antenna": Any structure or device used to collect
or radiate electromagnetic waves.
1.13 "Area Outage": An Area Outage occurs when five (5)
or more Subscribers report that they are deprived of Cable
Service as a result of a single event or occurrence.
1.14 "Armored Cable": Coaxial cable that can be direct-
buried wi thout protective condui t, or used in hazardous
applications. For underwater applications, this cable is
constructed with a flooding compound applied to the cable's outer
conducting sheath followed by a plastic jacket, armor, and
another plastic jacket.
1.15 "Audio": Relating to sound or its reproduction;
used in the transmission or reception of sound.
1.16 "Audio Signal": The sound signal, amplified and
provided as appropriate to speakers or earphones.
1.17 "Bandwidth": A measure of the information-carrying
capacity of a Channel. The range of usable frequencies that can
be carried by a Cable Television System.
1.18 "Basic Cable Service": The minimum-level tier of
mul tiple-channel service which includes the retransmission of
local television broadcast signals transmitted to Subscribers
connected to the Cable System.
1.19 "Bi-directional": The ability to transmit signals
in both directions (upstream and downstream) simultaneously.
1.20 "Bonding": (1) The permanent joining of metallic
parts to form an electrically-conductive path which will ensure
electrical continuity and the capaci ty to conduct safely any
current likely to be imposed; (2) The interconnection of the
CATV cable support strand with a telephone company support strand
and/or the power company ground/neutral wire to eliminate ground
potential differences.
1. 21 "Broadband": Any System capable of delivering
multiple Channels and/or services to users or Subscribers.
Generally refers to CATV Systems. Synonymous with wideband.
1.22 "Broadcast":
standard FCC-authorized radio
multiplicity of receivers.
Over-the-air transmission
or television station,
by
to
a
a
1.23 "Cable": (1) Used synonymously with "Cable
Television"; (2) One or more electrical or optical conductors
found within a protective sheath.
30 4
April 23, 1991
-
1. 24 "Cable Act": The Cable Communications Policy Act of
1984, 47 U.S.C. § 521, et ~
1.25 "Cable Distribution System", or "Distribution
System": That part of the Plant (usually coaxial cable and/or
fiber-optic cable with associated Amplifiers, Drops, and other
devices, hardware, and accessories) which is used to provide
Service from an origination point (Head-End) to Subscribers.
1.26
System.
"Cable Service": Any service provided by the Cable
1.27 "Cable System" or "System" or "CATV System" or
"Cable Television System": The complete system in a physical
sense; the Antennas, Cables, Amplifiers, towers, microwave links,
satellite links, and any other conductors, converters, equipment,
or facilities and Plant designed and constructed for the purpose
of receiving or producing, amplifying, storing, processing and
distributing Audio, Video, Digi tal, Analog, control, or other
forms of electronic or electric signals to and/or from
Subscribers as herein provided. See "Cable Television" below.
1.28 "Cable Telev is ion" , or "CATV" : A Broadband
communications technology in which ·multiple television, Audio,
Digital, control, Analog, and other electrical signals are
transmitted through a Cable Distribution System to and/or from
single or multiple locations.
1.29 "Carrier": An electromagnetic wave of which some
characteristic is varied in order to convey information. A
radio-frequency or microwave signal upon which the sound (Audio),
picture (Video), or color information in a television picture is
modulated.
1. 30 "CATV Committee":
Committee; See Part 11.
The Roanoke Regional Cable TV
1.31
"CATV Ordinance": This Ordinance.
1.32 "Channel": A signal path of specified Bandwidth for
conveying information. Usually a band of frequencies in the
electromagnetic spectrum which is capable of carrying one
standard NTSC aUdio-video-color television signal; at present, a
spectrum of 6 MHz, usually as specified by a Television Channel-
assignment system.
1. 33 "Channel Capacity": In a Cable Television System,
the number of Channels that can be carried simultaneously on the
system. Presently defined in terms of the number of 6-MHz
(television) channels.
April 23, 1991
305
1.34 "Character Generator": An Alphanumeric text
generator, commonly used to display messages on a television set.
May also have graphics capability.
1.35 "Community studio": A studio for the origination of
programming to be cable cast on the Cable System to be used
primarily for Public Access and local origination.
1.36 "Control" or "Controlling Interest": The ownership
or voting control of 50% or more of the issued outstanding shares
of Grantee or any Parent of Grantee; the ability to elect a
majority of the Board of Directors of Grantee or any Parent of
Grantee.
1. 37 "Converter": (For TV receiver). An electronic
device which changes CATV Channels to a Channel which can be
received by the Subscribers' television sets by use of an
appropriate Channel selector, which permits Subscribers to view
all unmodified TV signals delivered at designated dial locations.
1. 38 "dBmV" or "Decibel-Millivolt": A unit of
measurement referenced to one millivolt (mV) across an impedance
of 75 ohms, which is the standard -impedance for metallic CATV
Systems.
1.39 "Decibel" or "dB": A unit that expresses the ratio
of two levels of power as a logarithmic function: dB=10 Log10
P1/PZ'
1. 40 "Decoder": A device, located on or near the
Subscriber's premises, which descrambles or decodes signals so
that they may be viewed or used by the Subscriber. May be
combined in the same enclosure with and as part of the
"Converter". Also called "Descrambler".
1.41
"Descrambler": See "Decoder".
1. 42 "Digital Signals" Signals and information
transmitted in the form of individual electronic pulses.
1.43
System" .
"Distribution System":
See "Cable Distribution
1.44 "Down":
specifications.
Inoperable; not functioning within
1.45 "Down Time": The period of time during which the
CATV System is not providing Cable Service.
30 6
April 23, 1991
-
1.46 "Downstream Transmissions":
the direction from the Head-End toward
location(s).
Signals transmitted in
Subscribers or other
1.47 "Drop": The line from the Feeder Cable to the
Subscriber's television or Converter.
1.48 "Dwelling Unit": Any building used as a domicile or
living quarters.
1.49
"Educational Access Channel": See '1.3.1.
1.50 "Emergency Override": An emergency communications
system which allows messages or announcements to replace the
normal picture and/or sound on all Channels of a CATV System. See
, 9.9.
1. 51 "Emergency Power": (Standby Power; Backup Power)
Generator or battery back-up to replace primary power during any
electrical power failure or outage. See , 9.8.
1.52 "Facility":
containing all or part
apparatus: for example,
employed for purposes
processing.
The site, including land and buildings,
of a system or systems of technical
a Head-End facility or microwave facility
of electronic communications or data
1.53
"Failure": See "Fault".
1.54 "Fault": A condition that results in a functional
unit in the System failing to perform in the required manner.
1.55
"FCC": The Federal Communications Commission.
1.56 "Feeder Cables": (Feeder Lines) The Cables that
take signals from the Trunk to the Subscriber area and to which
Drops are attached.
1.57 "Fiber Optics": The technology of modulating and
guiding fine beams of light through hair-thin glass fibers as
communications paths.
1.58 "Franchise": The formal document which authorizes a
specific Grantee (Cable Operator) to construct, own, and operate
a Cable TV System in the area defined by, and pursuant to the
terms and conditions of, this Ordinance.
1.59 "Franchise Fee": The fee paid by the Grantee to the
Grantor in consideration of the use of public Streets and the
costs of regulation of the CATV System, handling public
April 23, 1991
307.-
-,.. .
complaints and other public matters, and administration of local-
access activities and this Ordinance and the Franchise.
1.60
"Government Access Channels":
See !1.3.2.
1.61 "Grantee": The Person granted a Franchise pursuant
to this Ordinance: any successor to that Person in accordance
with the provisions of this Ordinance.
1. 62
Franchise
reporting
Officers.
"Grantor": The governmental entity granting a
pursuant to this Ordinance. When used in regulatory and
contexts, "Grantor" shall mean Grantor's Executive
1.63 "Gross Revenues": The total of any and all payments
made to or compensation received by Grantee, its affiliates,
subsidiaries and Parents, directly or indirectly, from
Subscribers, advertising, shopping services, PCN's, and any
other legal users of the Cable System as a consequence of the
operation of the Cable System in the Territorial Limits: provided
that such reported receipts shall not include any add-on state or
local sales taxes.
Where a Parent receives compensation for use of multiple
Systems, this revenue is allocated to individual franchises
and/or Grantees on the basis of the count of those Subscribers
who receive Basic Service and who are not delinquent in payments,
compared to the total applicable mUltiple-system basic-subscriber
count.
1.64 "Head-End": The control center of a Cable
Television System: the electronic processing center through which
broadcast, cablecast, satellite, and other signals are
electronically translated or modified and combined for
distribution throughout the entire Cable System.
1.65 "Institutional Cable Distribution Network": A Cable
subsystem which carries television, Audio, Video, Analog, control
and Digital signals between and among government, educational,
public, and business institutions and other locations as
designated. The Institutional Cable Distribution Network may be
a Cable, physically separate and distinct from the Subscriber
Cable System, or it may consist of combinations of Upstream and
Downstream Channels on the Subscriber Cable System, usually
capable of real-time interactive service. This Network may
include provisions for scrambling and de-scrambling signals for
limited and controlled reception.
1.66 "Institutional Studio": A Studio for origination of
programming to be cablecast on the Cable System by Grantor: to be
used primarily for Educational and Governmental Access.
30 8
April 23, 1991
1.67 "Interconnect": The connection between two or more
Cable Systems.
1.68 "Mean time to Install": Average time to complete
installation, from the time of oral or written order to written
acceptance. Total time for installations divided by number of
installations.
1.69 "Mean Time to Repair" (MTR): Average time to
complete repairs, from time of oral or written complaint to
written acceptance. Total time for repairs divided by number of
repair orders.
1.70 "Mile" (of Cable Plant): A horizontal distance of
5280 feet, as measured on the surface of the earth and parallel
to the Cable Distribution System.
1. 71 "Non-Profit Organization": An entity that has
qualified under Internal Revenue Code Section 501(c) (3) .
1.72 "Origination Cablecasting": Locally-originated
programming carried on the Cable System which can be originated
by the Cable Operator, by local ii1sti tutions, by those using
leased Channels, by the pUblic, or by other Persons.
1.73 "Outlet": A CATV connection terminal in a structure
which is used for the purpose of connecting a television receiver
or other Subscriber terminal to the CATV System.
1. 74 "Overbuild": To construct a second, competing CATV
System in an area already served by a CATV System.
1. 75 "Parent" (When used in reference to Grantee): Any
Person holding direct or indirect ownership Control of Grantee.
1. 76 "Performance Standards (Technical Standards)":
Minimum technical requirements established herein by Grantor. See
~ 5.1.
1. 77 "Person": Any person, firm, partnership,
association, corporation, company, organization, or other entity.
1.78 "Plant": Grantee's buildings, tower(s), Amplifiers,
Antennas, processors, lines, Cables, wires, and all other
physical equipment and accessories utilized in the operation of
the System.
1.79 "Premium Service": Optional additional programing
provided to Subscribers at an additional monthly charge for each
added Channel or group of Channels carrying such programming.
30 9
April 23, 1991
1.80
"Public Access Channel": See ~1.3.3.
1. 81 "Public Notice": An announcement to the community
of some action planned by the Grantor or its designee in respect
to Cable Service or the Franchise. May be accomplished by
bulletin, newspaper, radio or TV broadcast, or other means,
including announcements on the Cable System, to insure that all
community members can be made aware of the event.
1. 82 "Rebuild": The physical modification of the CATV
System to provide a significantly higher level of performance and
usually providing more Channels.
1.83
"Roanoke City": The City of Roanoke, Virginia.
1.84
"Roanoke County": The County of Roanoke, Virginia
1.85 "Scramble": To make a signal unintelligible except
to authorized terminals.
1.86
"Service": See "Cable Service".
1.87 "Signal-to-Noise Ratio": The ratio, expressed in
Decibels, of the peak voltage of the signal of interest to the
Root-Mean-Square voltage of the noise in that frequency band.
1.88 "Standard Drop":
exceed 150 feet.
An aerial drop which does not
1. 89 "State of the Art": That level of technical
performance or capacity or service of Plant, for which there is a
reasonable demonstrated market demand and which has been
demonstrated by existing Cable Television System operators and
reputable equipment suppliers to be workable in the field, but
not exceeding that level of technical performance or capacity
which has been installed and is operating at the time in at least
5 other Cable Systems of comparable or smaller size.
1. 90 "Street": The surface of and the space above and
below any pUblic street, road, highway, freeway, lane, path,
public way, or place, alley, court, boulevard, parkway, drive or
other easement now or hereafter held by Grantor for the purpose
of public travel, communications, alarm, street lighting, power
distribution, or other public use and shall include such other
easements or rights-of-way as shall be now held or hereafter held
by Grantor.
1. 91 "Studio": A specially-designed room with associated
lighting, switching, control and monitoring facilities used for
the origination of programming.
31Ç)
April 23, 1991
:
-
1.92 "Subscriber": Any Person legally receiving in the
Territorial Limits any of the Cable Services of Grantee.
1.93 "Subscriber Down Time": outage hours per
Subscriber. Obtained by multiplying the number of Subscribers
affected by the length of time the System or portion thereof is
Down, for each such occurrence, then adding the numbers so
obtained to arrive at the total for the period, and then dividing
that total by the total number of Subscribers.
1.94
"Subscriber Drop": See "Drop".
1.95
"System": See "Cable System".
1.96 "Technical Standards": See ~ 5.1.
performance requirements established by local, state,
federal governments and/or applicable to Grantee pursuant
terms of this Ordinance and the Franchise.
System
and/or
to the
1. 97 "Telephone Waiting Time": The time required for
Grantee to attend to a call from a waiting Subscriber or
prospective Subscriber. Includes time used for listening to
recorded messages or instructions, and any other machine time or
waiting time (e.g. for telephone -ringing or "hold") by the
Subscriber. See ~ 20.6.
1.98 "Territorial Limits": The geographical limits of
Roanoke County, Virginia excluding the western portion of the
County currently under franchise to Boothe American Company d/b/a
Salem Cable TV.
1.99 "Television Channel": The range or band of the
radio frequency spectrum assigned by the FCC to a standard VHF or
UHF television station; at present, 6 MHz in the U.S. and Canada.
The Channel number assigned by the FCC and/or the Cable Operator.
1.100 "Tier (Tiered Service)": Different packages of
programs and services on Cable Television Systems for different
prices.
1.101 "Transfer": The disposal, directly or indirectly,
voluntarily or involuntarily, by any method, including gift,
assignment, sale, merger, consolidation, acquisition, bankruptcy,
receivership, or otherwise, of the ownership or Control of
Grantee, the System, or the Franchise in whole or in part.
1.102 "Trunk" or "Trunkline": The primary Cable leading
from the Head-End of the Cable Distribution System to the various
points where Feeder Lines are tapped off to distribute signals to
Drops.
31 1
April 23, 1991
1.103 "Unit": A building occupied by one or more persons
as a dwelling.
1.104 "Upstream": The direction on the Cable from any
designated point in the System toward the Head-End.
1.105 "Upstream Transmissions": Signals travel in the
direction from designated origination points in the Cable System
to a Head-End.
1.106
signal.
"Video" : Visual electronic information; a picture
1.107
"Vinton": The Town of Vinton, Virginia.
other Definitions: Any term defined in FCC and/or other
applicable rules and regulations or statutes as of the effective
date of the Franchise, but not included in the foregoing list,
shall be incorporated herein by reference as if set forth in
full, and shall be defined as it appears in such rules and/or
regulations or statutes. If not so defined, or not defined
herein, words and terms shall be given their ordinary and usual
meanings as defined in standard reference works.
Precedence: In the event of conflict between any of the
definitions herein and any definitions contained in any other
ordinance, the definitions herein shall take precedence.
2 GRANT OF AUTHORITY.
2.1 Franchise. (The "Franchise") The Franchise granted by
Grantor and accepted by Grantee pursuant to this Ordinance shall
provide to Grantee the right, privilege and authority to
construct, operate and maintain a Cable System in the
Territorial Limits for the term specified in the Franchise.
2.2 Street and Riqht-of-Way Use Not Exclusive. For the
purpose of constructing, operating and maintaining a System in
the Territorial Limi ts, Grantee may erect, install, construct,
repair, replace, relocate, reconstruct, remove and retain in, on,
over, under, upon, across and along the Streets within the
Territorial Limits such lines, Cables, conductors, ducts,
conduits, false manholes, Amplifiers, appliances, pedestals,
attachments and other property and equipment as are necessary and
appurtenant to the operation of the Cable System, provided that
all applicable permits are applied for and granted, all fees
paid, and all other local codes and ordinances are otherwise
complied with. Subject to State law, the right to use and occupy
the Streets and Rights-of-Way for the purpose set forth herein is
not exclusive; Grantor reserves the right to grant one or more
31 2
=
April 23, 1991
-
additional Franchises or other authorizations for similar use to
any other Person at any time.
2.3 Compliance reauired. Grantee shall comply with all
applicable local, state, and federal laws, ordinances,
regulations and codes.
2.4 Ownership of Cable System.
2.4.1 Grantee to Own. Grantee shall, at all times
during the term of the Franchise, be the sole owner of, and have
full possessory rights to, all facilities and property, real and
personal, of the Cable System, whether by ownership, lease,
license, or otherwise. Grantee may discard or replace any
property, real or personal, so long as Grantee can satisfy its
obligations hereunder.
2.4.2 Sale, or Transfer of Franchise, or Chanqe of
Control of Grantee.
This Franchise or the System hereunder shall not be
transferred nor shall title thereto, either legal or equitable,
nor any right, interest or property therein, pass to or vest in
any entity without full compliance with the procedure set forth
in this Section. .
The provisions of this Section shall apply to the Transfer
of all or a majority of Grantee's assets, merger, consolidation,
or sale or transfer of stock of Grantee or of its Parent so as to
create a new Control of the System; provided however, a Transfer
shall not include a Transfer to a Parent or an affiliate of
Grantee or its Parent unless the intent of such Transfer is to
avoid the application of this section. For purposes of this
section, an affiliate of Grantee shall mean any entity of which
Grantee or its Parent owns more than 80% of the stock or other
ownership interest.
2.4.3 The parties to the Transfer
written request to Grantor for its approval of a
sixty (60) days prior notice to Grantor and
approval by Grantor shall be required for any
changes effective Control of Grantee or a Parent.
shall make a
Transfer. Both
prior written
transfer which
2.4.4 Grantor shall reply to the parties in writing
within sixty (60) days of the request and shall indicate whether
the requested transfer is approved.
Transfer,
mortgage,
Transfer,
2.4.5 Grantee shall within sixty (60) days of
file with Grantor a copy of the deed, agreement,
lease or other written instrument evidencing such
certified and sworn to as correct by Grantee.
313
April 23, 1991
--,
--------~_.,_._--~
-~------_._--~ -----~
---.-------------
2.4.6 In reviewing a request for Transfer, pursuant
to ! 2.4.2.1 above, Grantor may inquire into the technical, legal
and financial qualifications of the prospective controlling
party, and Grantee shall assist Grantor in so inquiring. Grantor
may condition said Transfer upon such terms and conditions as it
deems reasonably appropriate. Grantor shall not unreasonably
withhold its approval. In no event shall a Transfer of ownership
or Control be approved without the transferee becoming a
signatory to the Franchise.
2.4.7 Notice to Grantors. within fifteen (15)
business days after receipt by Grantee, Grantee shall furnish
Grantor with a copy of any notification filed with the Securities
and Exchange Commission which indicates that a person, entity or
group of Affiliated Persons have acquired 5% or more of any class
of issued or outstanding shares of Grantee or its Parent whose
shares are traded on a national securi ties exchange or in the
over-the-counter market. Within fifteen (15) business days,
Grantee shall notify Grantor of any private exchange of shares or
ownership involving or accumulating 5% or more of the ownership
of Grantee or any Parent.
2.4.8 Effect of Unauthorized Action. Any Transfer
described in , 2.4.2. above that is- taken without prior consent
of Grantor shall be null and void and shall be deemed a
substantial breach of the Franchise. Such action shall be
subject to a letter of credit withdrawal of $1,000.00 per day
until approved, or, if not approved, until prior ownership and
Control is restored. If Grantor denies consent to any action
after it has been taken, Grantor may revoke the Franchise unless
the action is reversed.
2.4.9 Foreclosure. Upon receipt by Grantee of
notice of the foreclosure or other jUdicial sale of the System,
Grantee shall notify Grantor of such notification within ten (10)
days. An actual foreclosure or jUdicial sale shall be treated as
a change in Control of Grantee, and the provisions of this
Ordinance governing the consent to a Transfer or change in
ownership shall apply without regard to how such Transfer or
change in ownership occurred.
2.4.10 ReceivershiD or BankruDtcv. In the event of
the appointment of a receiver or trustee for Grantee, whether in
receivership, reorganization, bankruptcy, or other such action or
proceeding, Grantee shall notify Grantor within ten (10) days.
This shall be treated as a notification that a change in Control
of Grantee has taken place, and the provisions of this Ordinance
governing the consent to a Transfer or change in ownership shall
apply. The term "bankruptcy" as used herein shall include any
assignment for the benefit of creditors and/or petition for
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April 23, 1991
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reorganization under the federal bankruptcy or state insolvency
laws, or other similar procedure.
2.4.11 Grantor to Assume Control. In the event of
receivership or bankruptcy as in ~ 2.4.6. above, Grantor shall
have the right to assume control and management of the Cable
System by satisfying the creditors and the courts, in order to
assure continued acceptable quality of service to Subscribers.
2.5 Police Power. All rights and privileges granted hereby
are subject to the lawful exercise of the police power of Grantor
to adopt and enforce local laws, rules, and regulations necessary
to the health, safety, and general welfare of the public.
Expressly reserved to Grantor is the right to adopt, in addition
to the provisions of this Ordinance, the Franchise and existing
laws, such additional ordinances and regulations as are necessary
in the lawful exercise of its police power, for the benefit and
safety of the public.
2.6 Public Works. The rights and privileges granted hereby
shall not be in preference or hindrance to the rights of Grantor
and other lawful government authorities having jurisdiction, to
perform or carry out any public works or public improvements.
Should the Cable System interfere with the construction,
maintenance or repair of such public works or improvements,
Grantee, at its own expense, shall protect and/or relocate the
Cable System or the applicable part thereof, as directed by
Grantor or other government authorities having jurisdiction.
2.7 Extension Policy. Except as otherwise provided in this
Ordinance, Grantee shall offer Cable Service to all occupants of
any area of the Territorial Limits with a density of 25 Units
or more per mile served by aerial plant within six months of such
request from Grantor. Grantee shall offer Cable Service to all
occupants of any area within the Territorial Limits with a
density of 40 Units per mile served by underground plant within
12 months of such request by Grantor. Computations of density
shall take into account any connecting lines required to serve
such areas, if not contiguous to the existing Cable Distribution
System, as well as any Dwelling Units passed by such connecting
lines. In addition, upon the effective date of the Franchise,
Grantee shall be obligated to provide Cable Service to all
occupants of those areas designated on Exhibit A, attached and
incorporated herein by reference, within the designated time
periods specified therein.
The rights and privileges awarded pursuant to the
Franchise and this Ordinance shall relate to and cover the entire
Territorial Limits and any areas annexed thereto (the "Annexed
April 23, 1991
315
Areas") during the term of the Franchise and its extension, if
any.
In the event that any of the Annexed Areas are built-up
areas (areas having a density of 25 or more Units per aerial mile
or 40 or more Units per underground mile), Grantee shall provide
Cable Service to such built-up areas within the specified times
after notification by Grantor to do so, provided that if the
Annexed Area is served by another cable operator, Grantee shall
not be obligated to provide Cable Service to that area, but only
so long as such other cable operator continues to provide service
to such area. Grantee shall provide Cable Service to those
buildings and facilities designated on Exhibit B, attached and
incorporated herein by reference, within the designated time
periods specified therein.
2.8 Extended Service Areas. Grantee shall utilize any
available technologies within the State-of-the-Art for the
purpose of serving Subscribers. Where Cable Service to a remote
area is not required under the provision of this Ordinance, and
is not deemed economically feasible by Grantee, Grantee may, but
shall not be required to, contract with potential Subscribers in
such areas for the sharing of costs in the installation
of its Cable Distribution System.
Grantee may, but shall not be' required to, provide Cable
Service in areas which do not have a density of 25 units or more
per mile aerial or 40 units or more per mile underground. The
provision of limited Cable Services in such areas is to be
encouraged.
2.9 Provision of Service. Beginning with the effective
date of the Franchise, Grantee shall make available upon request
of the owner, tenant or lessee of any Dwelling Unit or any
business premises serviceable by a Standard Drop in the
Territorial Limits the full range of Cable Services subject to
the density and timing requirements in this Ordinance.
Notwithstanding the foregoing, Grantee shall not be required to
provide Cable Services where conditions beyond the reasonable
control of the Grantee as reasonably determined by the parties
prevent the provision of Cable Service.
2.10 Operation Upon Revocation. Notwithstanding any other
provision of this Ordinance, in the event of revocation or
expiration of the Franchise, Grantor may nevertheless extend the
term thereof beyond such termination or non-renewal for such
period of time as Grantor may specify, not to exceed two years,
by giving Grantee such notice as is reasonable in the
circumstances. In the event of such extension, Grantee shall
continue to operate the Cable System in accordance with all of
the provisions of this Ordinance. During any extension of the
term, Grantor may terminate the Franchise as to any area or areas
31 6
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April 23, 1991
:
wi thin the Terri torial Limits , effective not less than thirty
days from the date of notice to Grantee.
2.11 Extension of Term bv Grantor. Upon the expiration of
the term for which a Franchise is granted, the Grantor, unless
applicable law in effect at that time provides otherwise, may
renew the Franchise for an additional term it finds appropriate,
provided that Grantee shall be deemed by Grantor to have rendered
satisfactory and acceptable service hereunder, and provided
further that Grantor finds, after due advertisement and public
hearing affording all persons an opportunity to be heard on the
matter, that such renewal would be in the public interest.
2.12 Business Office. At least one business or
administrative office shall be located within Roanoke City,
Roanoke County or the Town of Vinton and all communications of
Grantor to Grantee shall be addressed to Grantee at such office,
except as otherwise provided herein. The office shall be open at
least an average of 50 hours per week and at least 4 hours on
Saturdays, (legal holidays excepted) or as modified by Grantee
after notification to and approval by Grantor.
2.13 Written Notice. All notices, reports, or demands
required to be given to Grantor and to Grantee shall be in
writing and shall be deemed to have been given when delivered
personally to the persons designated below, or when seventy-two
(72) hours have elapsed after it is deposited in the united
states mail in a sealed envelope, with registered or certified
mail postage prepaid thereon, or on the next business day if sent
by express mail or overnight air courier addressed to the party
to which notice is being given, as follows:
If to Grantor:
County Administrator
Roanoke County
P.O. Box 29800
3738 Brambleton Avenue
Roanoke, VA 24018
If to Grantee:
General Manager
Cox Cable Roanoke
1909 Salem Ave., S.W.
Roanoke, VA 24036
Copy To: Cox Cable Communications
1400 Lake Hearn Drive
Atlanta,Georgia 30319
Attn: Legal Department
31 7 ~
April 23, 1991
Addresses may be changed by ei ther party upon such
written notice to the other party.
2.14 Reimbursement. Grantee shall reimburse Grantor an
appropriate amount for costs incurred in connection with the
negotiation and award to it of any Franchise pursuant to this
Ordinance.
2.15 Certification. Grantee, by accepting the Franchise,
certifies that it has investigated its supply sources: is
familiar with the community: has examined the Cable System and
operations: has reviewed its own financial condition: and has the
capacity and resources to carry out its obligations to the
community.
2.16 Consent. Whenever, under the terms of the Franchise
or of this Ordinance, Grantor's or Grantee's consent or approval
is required, it shall not be unreasonably withheld.
2.17 ImDosition of reauirements on Grantee. To the extent
that the Franchise or this Ordinance gives Grantor, the CATV
Committee, or their agents, authority (a) to require tests of the
System: (b) to inspect or audit Grantee's books and records
relating to the System: (c) to impose on or collect from Grantee
any fee, penalty or other sum: (d) to require Grantee to take or
cease any action: (e) to grant or to withhold approval: or (f)
any other right or authority: such authority shall be coordinated
by the governing bodies and shall not be used unreasonably or to
harass.
3 GRANTEE PAYMENTS TO GRANTOR
Grantee shall pay a Franchise Fee to Grantor as specified in
the Franchise.
3.1 Pavments. Franchise Fees shall be computed quarterly
for the preceding calendar quarter, and quarterly paYment shall
be due and payable no later than 30 days after the end of the
calendar quarter for which payment is intended. Each payment
shall be accompanied by a report showing detailed computations
and such other relevant data as Grantor may reasonably require.
Grantor may provide a standard form for use by Grantee to compute
Franchise Fees.
Such payments shall be deemed compensation for use
of Grantor's rights-of-way, administration of service complaints,
supervision and inspection of equipment and facilities, and
administration of the Franchise and Ordinance, and shall be in
addition to all federal, state and local taxes.
31 8
:
April 23, 1991
3.2 Conditions of Acceptance. Grantor's acceptance of any
payment shall not constitute agreement that the payment is in
fact the correct amount, and such acceptance of payment shall not
constitute a release of any claim Grantor may have for further or
additional sums payable under the provisions of the Franchise or
any other claim whatsoever that Grantor may have.
4 INSTALLATION CONDITIONS
4.1 Reservation of Riqhts. Nothing in this Ordinance shall
be construed to prevent Grantor from grading, paving,
maintaining, repa1r1ng, relocating and/or altering any street;
constructing, laying down, repairing, maintaining or relocating
any sewers or water mains or other facilities; or constructing,
maintaining, relocating, or repairing any sidewalk or other
public work.
4.2 Underqround Easements. In areas having underground
telephone and electric utility lines now or at any time
hereafter, whether required by ordinance or not, all of Grantee's
distribution system shall be underground. Underground
installation, even if not required, is preferable to the placing
of additional poles. In the instance of underground
installations made after the effective date of the Franchise,
Drop lines shall be placed at least twelve (12) inches deep and
cable distribution lines shall be placed at least eighteen (18)
inches deep. This minimum depth also applies to all replacement
Drop and distribution lines. Underground Cable Distribution
Plant in areas exposed to damage shall be installed in conduit or
shall be of Armored Cable construction. Underwater crossings
shall utilize Armored Cable.
Existing electric and telephone poles shall be utilized
wherever possible. Grantee may install its own poles and conduit
at its own expense, with prior written permission of Grantor. To
the extent that Grantor has the right, it will make utility and
other easements available to Grantee.
4.3 Installation.
4.3.1 Plans. Prior to any construction or
alteration of the Cable System, Grantee shall, in each case, file
any required plans with Grantor and receive any necessary
approval of such plans.
4.3.2 Construction; Permits; Supervision: Approval.
All Plant installed by Grantee shall be constructed and
maintained in good and safe condi tion at all times. Grantee
shall erect no structures and make no excavations in any Streets
without first procuring a written permit in accordance with
applicable ordinances and codes.
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April 23, 1991
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---_.,-"------~---,~--
All work of such kind shall be subj ect to
inspection and approval by Grantor in accordance with applicable
codes and regulations.
4.3.3 Emerqencv Repairs. In cases of emergency,
Grantee may make whatever repairs are necessary to maintain the
operation of the Cable System at required levels, provided
however, that all emergency work shall comply with all applicable
local, state, and federal laws, ordinances and regulations.
Grantee shall be responsible for any damages resulting from
temporary repairs. Within five (5) working days of the
commencement of the emergency work, Grantee shall request any
applicable permits required for such repairs, in accordance with
the rules for such permits. Work shall be subject to inspection
and approval by Grantor.
4.3.4 Barriers: Liqhtinq. Any openings or
obstructions in Streets caused by Grantee shall be guarded and
protected by Grantee and its contractors at all times by placing
adequate barriers, fences, boarding or other protective devices,
at the sole expense of Grantee. During periods of dusk and
darkness, protective devices and protected areas shall be
designated by warning lights.
4.4 Relocations.
4.4.1 Temporary Relocation. Grantee's Cable
Distribution System shall be located, relocated, erected and
maintained so as (1) not to interfere with the lives or safety of
persons or with any improvements Grantor deems proper to make,
and of which Grantee has received reasonable notice, and (2) not
to hinder or obstruct the free use of the Streets. Removal of
poles and other structures to avoid such interference shall be at
Grantee's expense.
Raising or lowering or moving of Grantee's
Plant to permit moving of buildings and other structures and
equipment shall be done by Grantee within ten (10) days of
previous notice and at mover's expense, payable in advance,
subject to receipt of all required permits.
4.4.2 Permanent Relocation. If Grantor shall elect
to alter or change the grade or location of any street, or shall
engage in any construction or other public works in, on, or under
the Streets, Grantee, upon at least forty-five (45) days written
notice by Grantor, shall relocate its Cable Distribution System
at its own expense, and in each instance shall comply with all
applicable local, state, and federal laws, ordinances, codes, and
regulations .
4.5 Installation: Compliance with Codes. Grantee shall
comply with all applicable local, state, and federal rules and
32 0
April 23, 1991
:
regulations now in force or which may be put into force
hereafter. Grantee shall comply also wi th state and national
electric and safety codes in its installations and operations.
4.6 Joint Use: Safety Rules. Insofar as such work may be
done without interfering with the free use and enjoyment of
Grantee's own wires and fixtures, and when requested in writing
by Grantor, Grantee shall provide suitable space equivalent to
one (1) crossarm (in vertical and horizontal spacing) on each
pole erected, in riser conduits, and in control cabinets,
equivalent to one (1) duct in each of the conduits constructed,
and if Grantee has an open trench, afford Grantor an opportunity
to install its cable or tubing, free of charge for the purpose
of carrying wires of Grantor's telegraph, telephone, alarm,
signal, or radio system used for governmental purposes, provided
said wires are placed and maintained in such a manner as may be
reasonably prescribed by Grantee, and in no case used to carry
electric light or high-tension currents. Whenever it becomes
necessary for Grantee to move Grantor's said wires for Grantee's
own purposes, such removal shall be at the cost of Grantee and
under supervision of the Grantor, and such wires shall be
promptly replaced by Grantee at Grantee's expense.
4.7 Interconnect. within 6 months after receipt of written
request from Grantor, Grantee shall provide for Interconnection
with any adjacent Cable Operator. Such Interconnection shall be
accomplished at Grantee's expense, including design,
installation, and all necessary equipment, hardware, and
accessories. Such Interconnection, including bi-directional
capability, shall be required only if technically feasible.
4.8 Identification. Vehicles owned or leased by Grantee
and used in the installation, construction, or repair of the
Cable System shall be identified as to the name of Grantee. All
employees of Grantee and of Grantee's contractors and
subcontractors performing installation shall carry adequate
identification as to their names, local business addresses and
local bus iness telephone numbers. Grantee and its contractors
shall clearly identify all of its vehicles, employees, agents,
and equipment by decals, badges, signs, and as otherwise
appropriate.
4.9 Restoration: Repair. Grantee, at its expense, shall
repair all damage caused by Grantee, its agents, contractors, and
subcontractors, in the construction, Rebuild, upgrade, operation,
maintenance, and repair of the Cable System and shall restore all
property, both public and private, to its original condition, or
as nearly so as possible. Such restoration and repair shall be
made as soon as practicable after such damage, and in accordance
with applicable codes, not later than ten business days after
Grantee's receipt of written notification from the owner of the
32 1 "~
April 23, 1991
-,~.__.~-_.-.,-----~,",---_._._,.~-'-~---~.__._--,--'-..._,.~-~._------,._--<---,"_...,---~--~_.._._--"_._---
property so damaged unless otherwise mutually agreed by Grantee
and the property owner. If any damage involves pavements,
sidewalks, driveways, streets, or other public property, such
damage shall be repaired at Grantor's election either by Grantor
at Grantee's expense or by Grantee to Grantor's satisfaction
within five business days after Grantee's receipt of written
notification from Grantor. If damage involves public water mains,
sanitary sewer or storm water facilities, Grantee shall
immediately notify Grantor of such damages, shall assist Grantor
in repairing such damaged facility and shall reimburse Grantor
for all reasonable costs associated with such repair. The
foregoing shall not limit Grantee's right to contest its
liability for any damage claimed.
5 TECHNICAL REQUIREMENTS
The signal of any broadcast television or radio station
retransmitted on the Cable System shall be carried without
material degradation and with a quality no less than that
prescribed by rules of any federal, state, or local regulatory
agencies having jurisdiction, and as specified herein. The
technical specifications, operation, and performance of the Cable
System shall conform at all times to any applicable
specifications established by any -federal or state regulatory
agencies having jurisdiction.
Notwithstanding the preemption of Cable Television Technical
Standards by the FCC, and pending adoption of acceptable Minimum
Technical Standards by the FCC (which acceptable Minimum
Technical Standards may become effective and may preempt the
following enumerated standards immediately upon adoption and at
the option of Grantor), Grantee and Grantor agree that Grantee
shall use its best efforts to meet or exceed the following
Minimum Technical Standards at all times, over the annual ambient
temperature range normally experienced in the area:
5.1
following
indicated:
Technical Standards. The system shall comply with the
standards, as measured at any tap output except as
5.1.1
Parameter
System Frequency Response
Value
(Nj10 + 3.5)
dB, p-v.
5.1.2
Channel Frequency Response
(6 MHz)
2 dB pv.
5.1.3
Composite Triple Beat (CTB)
50 dB down, CW
or synchro-
nized; 56dB
down, modulated
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April 23, 1991
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:
5.l.4
5.1.5
5.1.6
5.1.7
5.1.8
5.1.9
5.1. 10
5.1.11
Cross-Modulation (Synchro-
nized)
Audio Frequency Response
Audio Total Harmonic
Distortion
Audio Signal-to-Noise Ratio
-
or unsynchro-
nized.
50 dB down
50 Hz to 15
KHz,3 dB, p-p
2% Maximum
Levels, at Subscriber Terminals:
50 dB Minimum
(a) Visual Carrier Signal
Level
[FCC § 7 6 . 605 ( a) (4) ]
(b) Difference between
adjacent-channel
carrier levels
[ FCC § 76 . 605 ( a) (5) (i) ]
(c) Difference from any
other visual carrier level
[FCC § 76 . 605 ( a) (5) (i i) ]
(d) Visual carrier level
variation, any Channel:
within any 24 hour period
(e) Maximum Signal Level:
Low-Frequency Disturbances
(Hum, etc.)
[ FCC § 7 6 . 605 ( a ) ( 6) ]
o dBmV minimum
Now
3 dBmV minimum
After Rebuild
3 dB Maximum
Now
2 dB Maximum
After Rebuild
12dB Maximum
Now
6 dB
After Rebuild
12 dB Maximum
Now
6 dB Maximum
After Rebuild
Shall not
overload the TV
Set
2% Maximum
Visual Carrier-to-Noise Ratio 42 dB minimum
[FCC §76.605 (a) (8)]
Ratio of Visual Carrier to
Any Coherent Disturbance
[FCC §76.605 (a) (9) ]
50 dB minimum
April 23, 1991
32 3 ~
---_.__.~-----~---_.~-~
_ _ _.,..._._____.___,~__._~_.·...____.__.··.c,,_..___._,·,
-_.,.,.~_..--._-----~---
5. 1. 12
visual Carrier to Same- 13-17 dB
Channel Aural Carrier Ratio.
Should federal rules and regulations permit local
regulation of Technical Standards and/or should the
Technical Standards be changed, the above standards
shall be upgraded, at the option of Grantor, to the new
standards to be effective immediately.
5.2 Construction Standards. All construction practices
shall be in accordance with federal, state, and local statutes,
ordinances, and regulations.
5.2.1 All installation of electronic equipment
shall be of a permanent nature, durable and installed in
accordance with the provisions of the National Electrical Safety
Code (National Bureau of Standards) and National Electrical Code
(National Bureau of Fire Underwriters) as amended as applicable
to Cable Television.
5.2.2 Antenna supporting structures (towers) shall
be designed for proper loading as specified by Electronics
Industry Association Specification RS 222E or current version.
5.2.3 Antenna supporting structures (towers) shall
be painted, lighted, erected and maintained to comply with all
applicable rules and regulations of the Federal Aviation
Administration and all other applicable federal, state, and local
codes and regulations.
5.2.4 Grantee's Cable System shall be installed,
located, erected, constructed, reconstructed, replaced, removed,
repaired, maintained and operated in accordance with good
engineering practices. Work shall be performed by experienced
maintenance and construction personnel. Grantee shall preserve
and protect plants, shrubbery and trees, and any improvements in
the tree bel ts and rights-of-way. Grantee shall not
unnecessarily hinder or obstruct pedestrian or vehicular traffic.
5.2.5 Grantee shall at all times exercise
reasonable care and shall adhere to industry standards in the
construction, operation, maintenance, or repair of the Cable
Television System.
6 TESTING
6.1 Performance Testinq Bv Grantee. Grantee shall provide
and keep on hand at all times, or have available to it within not
less than ten business days notice from Grantor, accurately-
calibrated test equipment for testing to such Technical Standards
as set forth in Part 5 above and as may be modified in the
future. Grantee shall conduct tests of said Technical Standards
as from time to time may be reasonably requested by Grantor,
coordinated through the CATV Committee, (but not in excess of
once each one-year period in the entire system unless independent
tests show that such Technical Standards have not been met, and
then until such prescribed Standards have been met) in order to
32.4
April 23, 1991
determine the level of performance of the Cable System. Grantor
may provide a technical representative to witness and report on
such tests.
6.2 Performance Testinq Reauired bv Grantor. Testing for
compliance with Technical Standards may be required by Grantor,
who may, from time to time, retain an independent engineer to
conduct technical performance tests of the System in addition to
those conducted by Grantee, or to witness such tests performed by
Grantee. If the system fails to meet one or more of the
Technical Standards at the time of any test, Grantee shall
reimburse Grantor for all related costs and shall investigate and
correct the cause of said failure. Grantee shall be given a
period of sixty days to correct said causes. Performance testing
shall be repeated upon completion of necessary repair or
adjustment by Grantee, and a report of the second test submitted
to Grantor. Substantial failure to comply with Technical
Standards or repeated failure to take corrective action in the
event of such failures shall constitute a substantial breach of
this Ordinance.
Test procedures shall generally follow the guidelines
of the NCTA "RECOMMENDED PRACTICES for measurements on cable
television systems," and as specified by the independent engineer
retained by Grantor. Such tests shall be coordinated through the
CATV Committee and conducted on a reasonable periodic basis.
7 LIABILITY OF GRANTORS
7.1 Liabilitv: Hold Harmless. Grantee shall indemnify and
hold free and harmless Grantor and its officials, officers,
agents, and employees from and against any and all loss, cost, or
expense, including reasonable attorneys' and consultants' fees,
resulting from any claim, demand, suit, or other action, whether
or not reduced to judgement, and for any liability of any nature
whatsoever that may arise out of or in connection with or result
from the presence of Grantee or Grantee's agents, successors
(excluding approved transferees pursuant to ~ 2.4.2 of this
Ordinance), employees, contractors, invited parties, or
affiliates in their use of, or activities or omissions in,
Grantor's Streets or property, including without limitation,
liability for damages to persons or property, or wrongful death
in connection with the construction, installation, maintenance,
operation, repair, or removal of the Cable System or the use of
any poles, wires, conduits, and fiber optic equipment or the
exercise by Grantee of any right or privilege granted by or under
this Ordinance and the Franchise issued pursuant hereto, or any
failure by Grantee to comply with any law, ordinance, or
regulation, or by reason of suit or claim for royalties, lease
fees, or infringement of copyrights or patents.
April 23, 1991
3 ~ ti
--
7.2 EXDenses. In the event that Grantor reasonably
determines that its interests cannot be represented in good faith
by Grantee, Grantee shall be so notified in writing, and Grantee
shall reimburse Grantor and its officers, employees, and agents
for all expenses incurred by them, including reasonable attorney
and consultant fees, in defending themselves in connection with
any matter the defense of which would otherwise have been
conducted by Grantee pursuant to the terms of this Ordinance.
8 INSURANCE; BONDING
8.1 Insurance Coveraqe. Grantee shall, at its expense,
prior to any use of or entry upon Grantor's streets or property
and at all times during the term of any Franchise issued pursuant
to this Ordinance, maintain and provide Grantor with sui table
evidence of both (1) broad form contractual liability insurance
coverage including the indemnification obligation set forth in
Part 7 above, and (2) general public liability insurance coverage
including, but not limited to, motor vehicle liability coverage
naming Grantee, its employees, and affiliates, as insureds and
naming Grantor, its officers, officials, agents, and employees as
additional insureds while acting in the scope of their
emploYment, insuring against on an occurrence basis all claims,
loss, cost, damage, expense and liability from loss of life or
damage or injury to persons or property arising out of Grantee's
use of Grantor's Streets or property. Said policies shall have
limits of not less than Five Million Dollars ($5,000,000)
combined single limit for loss of life or injury to one or more
persons and for property damage as a result of one incident,
except that, with the express consent of Grantor, Grantee may be
self-insured or provide indemnity from an Affiliated Person for
the initial $500,000.00 of such coverage.
8.2 Additional Indemnification. Grantee shall require
substantially identical indemnification and insurance coverages
as set forth in Part 7 and' 8.1 above in favor of Grantor, its
officials, officers, agents and employees, from any independent
contractor or other entity working on its behal f in Grantor's
streets; However, the amount of such coverages shall be
$1,000,000.00 combined single limit with a $3,000,000.00
umbrella, naming both Grantee and Grantor, its officers, agents,
and employees as additional insureds.
8.3 Performance Bond. A performance bond shall be posted
and maintained for the Franchise term in favor of Roanoke City,
Roanoke County, and the Town of Vinton as joint and several
obligees in the amount of $300,000.00 by a bonding company
approved by Grantor.
8.4 Cash DeDosit or Letter of Credit. A cash deposit or
letter of credit shall be provided and maintained in favor of
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April 23, 1991
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Roanoke City, Roanoke County, and the Town of Vinton as joint and
several payees in the amount of $50,000.00.
8.5 Cancellation Notice. All Grantee bonds, insurance
policies and certificates of insurance shall stipulate that the
coverages afforded by the policies shall not be cancelled,
modified or allowed to expire until at least 30 days prior
written notice has been delivered to Grantor and a receipt of
delivery obtained.
8.6 Evidence of Insurance. By not later than the effective
date of the Franchise, Grantee shall furnish to Grantor current
certificates of insurance, which shall include the named insureds
set forth in , 8.1. and, 8.2 above. Failure to maintain said
insurance shall constitute a substantial breach within the
meaning of , 10.2.1.7 below, and shall be grounds for revocation
of the Franchise.
8.7 Approval of Insurance Company. Insurance coverage
shall be in a form and with an insurance company approved by
Grantor, which approval shall not be unreasonably withheld.
Insurance coverage shall be with a company authorized to do
business in the Commonwealth of Virginia.
8.8 Chanqes in Limits. At the end of six years, Grantor
shall have the right to require increases in the amounts of
insurance specified above. Any adjustments shall bear a
reasonable relation to any change in the cost of living or cost
of repair or replacement, as measured by changes in the Consumer
Price Index of the Uni ted states Bureau of Labor statistics
applicable to the Commonwealth of Virginia ("CPI"), or comparable
measure if the Consumer Price Index is no longer being issued.
9 SERVICE PROVISIONS
9.1 Performance. The Cable System shall be engineered,
installed, equipped, maintained and operated so as to meet FCC
standards and the Technical Standards in Part 5 above, and shall
comply with all applicable federal, state, and local codes.
9 . 2 Itemized Bills. Grantee shall provide any Subscriber
upon request with an itemized monthly bill, listing each Tier or
level of Service and its price, and any add-on taxes, together
with the total.
9.3 Chanae in Channel Array. Grantee shall provide thirty
(30) days written advance notice to Grantor and Subscribers of
any changes of Channels line-up or of Tiering unless the schedule
of such changes is beyond the control of Grantee. In such case,
Grantee shall provide notification and explanation immediately
by Public Notice and in writing.
April 23, 1991
3 2 7 ..~
-
________.____._~___._.._.·._~~N__·_~_________
-------_.~----~_._._--_.-
9.4 Notice of Rate Chanaes. Grantee shall give Grantor,
the CATV Committee, and all Subscribers at least 30 days Public
Notice of any change in Subscriber rates. Notice to Subscribers
may be given by ordinary mail or included with their monthly
statements.
9.5 Disconnect Charaes. Grantor shall not charge any
Subscriber for disconnect of Service.
9.6 Rate or Service Discrimination: SDecial
Classifications.
Grantee shall not subject any person or group of persons to
any prejudice or disadvantage, preference, or advantage in
connection with rates, charges, service, facilities, rules or
regulations. Nothing herein shall prohibit the provision of free
Service to government, institutional, or school buildings, or the
provision of free Service to Grantee's employees.
Notwi thstanding the foregoing, Grantee may negotiate bulk or
special rates for businesses, hospitals, nursing homes, MUltiple
Dwelling Units and other non-single family residential users. In
the event of an Overbuild by an additional franchisee, Grantor
shall not object to a reduction of rates by Grantee in the area
of Overbuild to provide comparable service for comparable rates
in order to promote competition in such area.
9.7 Free Basic Service. Grantee shall provide Basic
Service without charge to each government building, fire station,
police station, library, school or public college academic
building, and other Grantor-owned or Grantor-occupied buildings
(excluding housing units and buildings owned by Grantor but not
used for government or educational purposes) wi thin the
Territorial Limits, as requested by Grantor. One Standard Drop
and one converter (if needed) per building shall constitute
compliance. Any attached identified structures shall be treated
as separate buildings. Any service provided to Roanoke County
Schools or other governmental buildings through an Interconnect
as provided for in ~ 4.7 shall be without charge.
9.8 Emeraencv Power. Within two (2) years after acceptance
of the Franchise pursuant to this Ordinance, the Cable
Distribution System shall be equipped with battery-backup power
supplies capable of powering the system for a period of not less
than one (1) hour, and the Head-End shall be provided with
adequate emergency backup power.
9.9 Emerqencv Override . within six (6) months of
acceptance of the Franchise pursuant to this Ordinance, Grantee
shall incorporate emergency Audio override capabilities which can
be operated from a standard touch-tone phone by authorized agents
of Grantor. Activation of this emergency override capability
shall give such agent voice control on all channels as permitted
32 8
April 23, 1991
by law for the purposes of instructing viewers to turn to the
Government Access or other Channels for detailed information and
instructions. Emergency Override capability shall be installed
at the expense of Grantee. The Government Access Channel (s)
shall be available for transmission of signals from an
Alphanumeric Character Generator and modulator, under the control
of Grantor, or live Video and Audio transmission, at Grantor's
option.
9.10 Emerqencv Communications. At least one person in
responsible charge of Grantee's operations in the Territorial
Limits shall be available by local telephone during such hours as
Grantee's business office is closed, and the telephone number of
such person shall be supplied in advance to the Grantor's chief
administrative official and the presiding officer of Grantor's
governing body and Grantor's Police and Fire Departments.
9.11 state of the Art. Throughout the term of the
Franchise, Grantee shall operate and maintain the System in a
manner consistent with all laws, ordinances and construction
standards of Grantor and the Technical Standards.
Throughout the term of this Franchise, Grantee
shall maintain and upgrade the System and the technical
performance of the System so as to keep pace with the
developments in the State-of-the-Art as defined herein. Grantee
may on its initiative participate in or undertake experiments,
tests, and other activities to determine the State-of-the-Art of
cable communications technology currently in use. Grantor may
require that Grantee undertake such tests to the extent Grantor
determines that it is economically viable and feasible to do so
and provided that such experiments, tests and other activities
are technically sound and undertaken in response to a mutually-
defined market demand. Grantee shall provide Grantor with
written reports of the results of all significant tests conducted
by Grantee at the request of Grantor as described in this
section.
9.12 Subscriber Antennas: AB Switches. Notwithstanding any
disconnection of Subscribers' existing Antennas and down leads to
receivers connected to the Cable System, the Cable System shall
be so designed that physical removal of such Antennas and down
leads will not be required, and so that the Subscriber may
utilize such Antennas at any time in place of the Cable System
Service. Grantee shall furnish and install for each Subscriber
so requesting, at reasonable cost, a switch permi tting the
Subscriber to change from Cable reception to home-antenna
reception and back at the option of the Subscriber. Grantee
shall offer to install such switch free of charge at the time of
installation of Subscriber Service. Such switch and installation
shall comply with FCC rules, codes, and standards, and with good
engineering practice. Grantee shall notify all Subscribers at
"32 9
April 23, 1991
------------
-----~------------ -----
least once per year that such AB switches are available from
Grantee and from others.
9.13 Tree trimminq. Grantee shall have the authority to
trim any trees upon and overhanging streets to prevent the
branches of such trees from coming in contact with Grantee's
wires and cables. All trimming shall be performed in a safe and
orderly manner and in compliance with the pruning standards of
the National Arborists Association, as amended, and applicable
provisions of local codes and ordinances.
9.14 DroDs. In areas where the Cable Distribution System is
located underground, Drops to the structure (installed after the
effective date of the Franchise) shall be underground, buried a
minimum of twelve (12) inches. In other areas Drops may be
aerial unless the Subscriber elects to pay the cost of
underground installation. Insofar as practicable, Grantee shall
adhere to each Subscriber's desire with regard to point of entry
of the Drop connection into each structure. Insofar as
practicable, within the Subscriber's structure, Drop cable runs
shall be made as unobtrusively as possible. All Drops shall be
grounded at the building entry, in accordance with local, NESC,
and NEC requirements.
9.15 Installation Time. within all areas served by the CATV
System, service to all Subscribers requiring an aerial
installation shall be provided within five (5) business days
after receipt of the request for service, and service to
Subscribers requiring an underground installation shall be
provided within ten (10) business days after such request, unless
Grantee is prevented by reasons beyond its control or later
installation is requested by the Subscriber.
9. 16 Parental Guidance Control. Grantee shall make
available to any Subscriber so requesting, at reasonable cost, a
"parental guidance control" or "lockout key" which will permit
the Subscriber to eliminate intelligible audio and video
reception of any or all of the Premium Service Channels. Grantee
shall notify all Subscribers of the availability of such
parental-control devices.
9.17 ComDlaint Policy. Grantee shall promulgate written
policy statements and procedures for reporting and resolving
Subscriber complaints including record keeping requirements
consistent with, 19.9. Grantee shall furnish a copy thereof to
each new Subscriber and to Grantor, and thereafter to all
Subscribers at least annually, and to Grantor and all Subscribers
at such time as there is any change in such policy.
9.18 Call
Grantee shall
Recordinq
provide a
Service for
telephone
Current Known outaqes.
number which provides a
330
April 23, 1991
recorded message or access to an employee or agent of Grantee, on
a 24 hour basis. The recorded message shall describe current
known System deficiencies and outages and thereafter accept
recorded messages from Subscribers, who may leave their names;
request service; report outages; and request credit for Down
Time.
10 ENFORCEMENT
10.1 Performance Bond: Letter of Credit
10.1.1 Performance Bond. No later than the date of
acceptance of any Franchise, Grantee shall post and maintain, at
its sole cost and expense, a corporate surety bond issued by a
surety company authorized to do business in the Commonwealth of
Virginia and reasonably acceptable to Grantor as security for the
faithful performance by Grantee in accordance with the provisions
of this Ordinance and the Franchise issued pursuant hereto. Said
bond shall assure Grantor of recovery of any and all liability,
damages, losses, costs and expenses sustained or suffered by
Grantor as the result of, without limitation, Grantee's failure
to properly construct, operate or maintain the Cable Television
System as required under this Ordinance and the Franchise issued
pursuant hereto. The total amount of the bond shall be $300,000
and the bond shall be maintained at such level in favor of the
City of Roanoke, Town of Vinton, and Roanoke County, Virginia,
jointly and severally.
10.1.2 Letter of Credit. No later than the date of
acceptance of the Franchise, Grantee shall deposit and maintain a
Letter of Credit in the amount of $50,000 in favor of City of
Roanoke, Town of Vinton, and Roanoke County, Virginia, jointly
and severally. The full amount of the Letter of Credit shall be
maintained throughout the term of the Franchise. The form of
such Letter of Credit shall be approved by Grantor. The Letter
of Credit will be used to ensure the fai thful performance by
Grantee of all provisions of this Ordinance, including the
payment by Grantee of any penal ties, costs, claims, liens or
taxes due by reason of the construction, maintenance, or
operation of the Cable Television System, or any breach of any
provision under this Ordinance.
10. 1. 3 Call of Performance Bond: Letter of Credit.
The Letter of Credit posted pursuant hereto shall be forfeited
and become the property of the City of Roanoke, Town of Vinton,
and County of Roanoke, Virginia, jointly and severally, and the
Performance Bond shall become actionable by one or more of the
jurisdictions, if the Franchise is revoked by reason of
substantial breach by Grantee. The Performance Bond and Letter
of Credit shall be maintained for the duration of the Franchise
and expire by the terms herein no sooner than the expiration of
April 23, 1991
331
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---.----..--..-.-
the Franchise, provided however, that the Performance Bond and
Letter of Credit shall remain in force after expiration in the
event of any outstanding substantial breach or dispute as to
breach or amount due from Grantee.
10.2 Forfeiture and Termination.
10.2.1 Forfeiture and Termination. In addition to
all other rights and powers retained by Grantor under this
Ordinance, Grantor reserves the right to forfeit and terminate
the Franchise in the event of an uncured substantial breach of
the provisions specified below for the applicable periods
specified:
10.2.1.1 Failure to notify Grantor of change in
ownership accumulation of 5% as required by ~ 2.4.3 (30 days);
10.2.1. 2 Failure to notify Grantor of change of
ownership or control as required by ~ 2.4.2 (30 days);
10.2.1.3 Failure to provide financial information
(30 days); see Parts 3 and 17 of this Ordinance
10.2.1.4 Failure -to satisfy technical
requirements regarding System characteristics, or failure to meet
Technical Standards as provided in Part 5 and ~ 9.1 (30 days);
10.2.1. 5 Failure to provide any service to any
person as required by ~ 2.7 of this Ordinance and the Franchise
(30 days);
10.2.1.6 Abandonment of the Cable System in whole
or in part without prior written consent of Grantor (5 days);
10.2.1.7 Failure to provide and maintain
insurance, surety and indemnity or failure to notify Grantor of
expiration of insurance as required in Parts 7 and 8 of this
Ordinance (1 day).
10.2.1.8 Failure to comply with the consumer
standards as provided in Parts 19 and 20 of this Ordinance (30
days);
10.2.1.9 Failure to make any paYments as required
in any Franchise agreement;
10.2.1.10 Failure to supply and equip the Access
Channels and other support, and any related services, equipment
and facilities as required in any Franchise agreement (60 days);
332
April 23, 1991
10.2.1.1l Engaging in
consti tuting perpetration of any fraud
any subscriber, or any other user of
. (none) ;
a course of conduct
or deceit upon Grantor,
the system at any time
10.2.1.12 Taking any material action at any time
which requires the approval or consent of Grantor without having
first obtained such approval or consent (immediate action);
10.2.1.13 At any time, the making by Grantee, any
director, officer or other Person exercising control of Grantee,
or any Affiliated Person or employee or agent of Grantee acting
under the express direction or with the actual consent of Grantee
of any false entry knowingly in the books or accounts or records
of Grantee or in any books, records, or documents relied upon by
Grantor or in connection with the certification as required by !
2.15 above. (none);
10.2.1.14 Failure to complete Rebuild of the
System in the time specified in the Franchise (60 days);
10.2.1.15 Any written material misrepresentation
or certification made by or on behalf of Grantee in its proposal
for the Franchise granted pursuant to this Ordinance or in
connection with the negotiation or renegotiation of or any other
modification to the Franchise Agreement or Ordinance (immediate
action);
10.2.1.16 Failure to reasonably cooperate at any
time with any lawful investigation, audit or inquiry conducted by
or authorized by Grantor (immediate action) ;
10.2.1.17 Failure to replace
from the Letter of Credit within ten (10)
with , 10.1. 2 ;
amounts withdrawn
days in accordance
10.2.1.18 Failure to correct deficiencies in the
System following tests as provided in ! 6.1 and/or retests as
provided in ! 6.2 (60 days);
10.2.1.19 Accumulation of $5000 in penalties over
a twelve-month period, provided however, that no such penalties
shall be deemed to be included in such total during a bona-fide
dispute after notice from Grantee that Grantee will dispute such
penalties as provided herein. (none)
10.3 Penalties. If Grantee fails to observe any of its
obligations under the terms of this Ordinance or the Franchise
issued pursuant hereto, Grantor may assess Grantee and Grantee
agrees to pay Grantor monetary penalties in accordance with the
schedule of penalties set forth below. The penalties set forth
April 23, 1991
33 ~
below shall be the exclusive monetary remedy for the named
breaches, but shall not constitute a waiver by Grantor of any
other right or remedy it may have under this Ordinance or under
applicable law. Any such penalty shall be recoverable from the
Letter of Credit or the Performance Bond, at the option of
Grantor.
10.3.1 Failure to keep business office open during
established business hours ($100 per day) ;
10.3.2 Failure to comply with the provisions of ~
2.4.1 and/or ~ 2.4.2, change of ownership ($1000 per day);
10.3.3 Failure to test the system or provide
reports thereof as required in Part 6 of this Ordinance ($100
per day);
10.3.4 Failure to render payment of Franchise fees
within the time specified in Part 3.1 of this Ordinance. (Annual
rate of 12%, or 2% over the Prime Rate established by Chase
Manhattan, N.,A., whichever is higher, compounded daily from time
due until paid, plus an initial penalty of 5% of amount due.);
10.3.5 Failure to comply with surety provisions of
Part 8 ($100 per day);
10.3.6 Failure to make a timely filing of annual
financial report as required by the terms of the Franchise or
maintain open records as required in Part 17 herein ($100 per
day);
10.3.7 Failure to maintain the Technical Standards
required in Part 5 herein ($250 per day);
10.3.8 Failure to restore amounts to the Letter of
Credit as specified in §§ 8.4 and 10.1.2. herein ($250 per day);
10.3.9 Failure to comply with any requirement of
Part 20 within the time specified ($100 per day per occurrence);
10.3.10 Failure to comply with any other obligation
contained in this Ordinance or future amendments hereto ($100 per
day)
10.3.11 Failure to build or Rebuild the System as
provided in any Franchise granted pursuant to this Ordinance
($5000 per day).
These penalties shall be in addition to, and not a limitation
on, the other penal provisions of this Ordinance including
forfeiture and termination.
334
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April 23, 1991
10.4
Procedure for Revocation of Franchise or Imuosition
of Penalties.
10.4.1 Notice and Ouuortunitv to Cure. Should
Grantor desire to invoke forfeiture of the Franchise or
imposition of penalties as set forth herein, Grantor shall make a
written notice by certified or hand-delivered mail upon Grantee's
General Manager at its local office to comply with any provision,
rule or determination which it feels Grantee has breached. If
the breach by Grantee is uncured for the period specified in ,
10.2.1 in the case of forfeitures or 10 days in the case of
penalties, following such written demand, Grantor may revoke the
Franchise or impose a penalty, as appropriate.
Should Grantee dispute that a breach has occurred,
Grantee may request Grantor to hold a hearing pursuant to ,
10.3.2. Grantor shall toll the time for cure from the date of
such request until a final determination is made, regarding
whether a breach has, in fact, occurred, provided however, that
any penalty or breach shall be deemed to run and be calculated
from the date of Grantor's original notice under, 10.3.1 in the
event Grantee shall fail in its effort to dispute that a breach
has occurred.
10.4.2 Hearing. Should Grantor desire to revoke the
Franchise or impose a penalty, and Grantee requests a hearing
under , 10.3.1.1 above, Grantor shall provide Grantee an
opportunity to appear at a public hearing within twenty (20) days
of receipt of such request to present its argument, including the
opportunity to offer evidence and question witnesses. Based on
the evidence at such hearing, Grantor shall within ten (10) days
of such hearing determine whether Grantee was in breach of the
Ordinance or Franchise and, if so, if Grantee has failed to cure
or take substantial steps to cure such breach within the allotted
time. If Grantor fails to make a determination within ten (10)
days following such hearing, the applicable penalty shall be
tolled until a determination is made.
lO. 4.3 Comuutation of Penalty. Computation of the
penalty shall begin on the day notice is received by the Grantee
and shall continue until the breach is cured except as provided
above.
10.5
Force Maieure: Waiver.
10.5.1 Force Maieure. Grantee shall not be deemed in
breach of this Ordinance or the Franchise for any failure to
perform which results from circumstances not under Grantee's
reasonable control, such as war, civil disturbance, natural
catastrophe or acts of God. Grantee shall not be excused by
economic hardship or by misfeasance or malfeasance of its
directors, officers, employees, affiliates or Parent.
33 5
April 23, 1991
--~_._..._.__._.
10.5.2 No Waiver. Grantee shall not be relieved of
its obligations to comply with any of the provisions of this
Ordinance or the Franchise by reason of failure or delay of
Grantor to enforce prompt compliance. Any waiver by Grantor of a
breach or violation of any provision of this Ordinance or the
Franchise shall not operate as or be construed to be a waiver of
any subsequent or prior breach or violation.
10.6
Removal After EX'oiration or Revocation: ootion to
Purchase.
10.6.1 Removal. At the expiration and nonrenewal of
the term of the Franchise or its revocation, Grantor shall have
the right to require Grantee to remove, at Grantee's expense, all
or any portion of the System from all Streets and public property
within the Territorial Limits as well as Drops from private
property at Subscriber's request. In so removing the System,
Grantee shall backfill and compact, at its own expense, any
excavation that shall be made and shall leave all Streets, public
property and private property in the same condi tion as that
prevailing prior to Grantee's removal of the System, and without
affecting, altering or disturbing, in any way, any electric,
telephone or utility cables, wires or attachments or other
facilities. Grantor shall have the "right to inspect and approve
the condition of the Streets and public property after removal
and to require appropriate repair or replacement. Grantee's
insurance and indemnity shall remain in full force and effect
during the entire term of removal.
10.6.2 Disposal. If Grantee has failed to commence
removal of the System, or such part thereof as was designated,
within thirty (30) days after written notice of Grantor's demand
for removal is given, or if Grantee has failed to complete such
removal within one (1) year after written notice of Grantor's
demand for removal is given, Grantor shall have the right to
exercise one of the following options:
10.6.2.1 Declare the System abandoned, with title
thereto vested in Grantor with all rights of ownership including,
but not limited to, the right to operate the System or transfer
the System to another for operation by it: or
10.6.2.2 Cause the System, or such part thereof as
Grantor shall designate, to be removed at Grantee's cost. The
cost of removal shall be recoverable from the Letter of Credit
and Bond provided for in the Franchise and herein, and from
Grantee directly.
10.6.3 Option to Purchase. Grantor shall have the
option, upon revocation for cause of the Franchise pursuant to
this Part, to purchase the Cable System. If Grantor elects to
336
:
April 23, 1991
-
purchase the
provided by
Franchise.
Cable System, the price shall be determined as
applicable law, with no value placed on the
11 ROANOKE VALLEY REGIONAL CABLE TV COMMITTEE ("CATV COMMITTEE")
11.1
be selected
authority:
Members. The 11 members of the CATV Committee shall
as follows, and appointed by the appropriate
11. 1. 1
Supervisors.
One member from the Roanoke County Board of
11. 1. 2
One member from the Roanoke City Council.
One member from the Vinton City Council.
The Vinton Town Manager or his designee.,
11.1. 3
11.1.4
11. 1. 5
The Roanoke County Administrator or his
designee.
11. 1. 6
The Roanoke City Manager or his designee.
11.1. 7 One member each from the Roanoke City and
Roanoke County School Systems appointed by the respective School
Boards.
11.1.8 One member at-large from each of the three
jurisdictions (Vinton, Roanoke, Roanoke County) appointed by the
respective governing body.
The General Manager of Grantee shall be given notice of
the date, time, and location of each meeting, with at least 10
days' notice where possible, and may attend all such meetings,
except when the meetings are in executive session.
The Chairperson shall be elected by the Committee for a
period of one (1) year, or for such other term as the Committee
shall determine.
11.2 Terms of Office. The terms for the three appointed
at-large members shall be staggered, as follows: the initial
appointee from Roanoke County shall serve one (1) year; the
initial appointee from Roanoke City shall serve for two (2)
years; and the initial appointee from the Town of Vinton shall
serve for three (3) years. After the initial terms, each member
at-large shall be appointed for a term of three (3) years or
until a successor is qualified. Councilor Board members shall
serve for such periods as determined by their respective
governing bodies.
April 23, 1991
337
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--..-..---.,-,..----
"--._.-_. - --
11. 3 Meetinqs. The CATV Committee shall meet at the
call of the Chairperson or at such other times as the Committee
shall determine, and not less often than once each year. A
quorum shall be constituted by five (5) Members. The CATV
Committee shall be authorized to adopt such By-laws and rules of
procedure as are necessary to exercise the responsibilities
granted herein.
11.4
Powers and Duties. The CATV Committee shall:
11.4.1
Franchises.
Advise
Grantor
on
applications
for
11.4.2 Monitor Grantee's compliance with the
provisions of this Ordinance and advise Grantor on matters which
might constitute grounds for monetary forfeiture or revocation of
the Franchise in accordance with this Ordinance.
11. 4 . 3 To the extent permitted by appl icable
advise on the regulation of rates in accordance with
. Ordinance, the Franchise, and applicable law.
law,
this
11.4.4 Hear all complaints of Subscribers which
have not been satisfied by Grantee:- respond to such complaints:
record all such complaints: attempt to resolve complaints with
Grantee: record results: and report on an annual basis the
resul ts of its actions hereunder relating to complaints to the
respective governing bodies.
11.4.5 Review any proposed change in Franchise
ownership and recommend whether approval should be granted by
Grantor.
11.4.6 Coordinate review of Grantee records as
required by this Ordinance.
11.4.7 Encourage use of Access and Institutional
channels among the widest range of institutions, groups and
individuals within the Territorial Limits.
11.4.8 Review access budgets as prepared by Grantor
departments and coordinate the expenditure of any capital grant
funds provided for in the Franchise for the full development of
educational channels and Access-cablecasting programming, and
other access uses of the Cable System.
11.4.9
governing bodies:
Prepare and recommend to the respective
11.4.9.1 Rules and procedures consistent with this
Ordinance and the Franchise, under which Grantee may use Access
33 8
April 23, 1991
-
Channel capacity for the provision of other services when Access
Channels are not being used for access purposes; and
11.4.9.2 Rules and procedures consistent with this
Ordinance and the Franchise, under which such use by Grantee
shall cease.
11.4.10 Develop appropriate policies and procedures;
coordinate Access Cablecasting programming and acti vi ties; and
assist in preparation and review of budgets for all Access and
Origination Cablecasting activities.
11.4.11 Maintain
statutory requirements.
records
in
accordance
with
12 COURT AND REGULATORY AGENCY REPORTS AND FILINGS
Grantee shall submit to Grantor and the CATV Committee,
within reasonable times after submission and/or receipt, copies
of all pleadings, applications, reports, communications, and
documents of any kind submitted by Grantee to, as well as copies
of all decisions, correspondence and actions by, any federal,
state and local courts, regulatory agencies and other government
bodies, in any proceeding to which Grantee is a party and which
materially affects the operation of the Cable System inside the
Territorial Limits. Copies of tax returns need not be provided.
13 ACCEPTANCE
Grantee shall execute any Franchise, granted pursuant hereto,
along with attachments thereto, within 20 business days after the
grant of the Franchise.
14 TIME IS OF THE ESSENCE
Whenever this Ordinance or the Franchise sets forth any time
for any act to be performed by or on behalf of Grantee, such time
shall be deemed of the essence, and failure of Grantee to perform
within the time allotted shall subject Grantee to the applicable
provisions set forth in Part 10 above .
15 APPLICATION FOR FRANCHISE
Any application for a CATV Franchise must contain the
following information:
15.1 Identification.
number of the applicant.
15.2 DescriDtion of ADDlicant. A detailed description
of the corporate or other business-entity organization of the
The name, address and telephone
April 23, 1991 3 3 9
applicant, including but not limited to the following and to
whatever extent required by Grantor:
15.2.1 The name, residence, business address, and
telephone numbers of each officer, director, and the general
manager of the applicant.
15.2.2 The name, residence, business address and
telephone numbers of each persons having, being entitled to have
or control, or controlling 1% or more of the ownership of the
applicant: and each Parent and Affiliated Person of the
applicant, and the respective ownership share.
15.2.3 The name and address and telephone numbers
of each Parent or Affiliated Person of the applicant, and a
statement of the principal business of any such Parent or
Affiliated Person, including but not limited to Cable Television
Systems, broadcast stations, newspapers, magazines, and
telephones companies, and the areas served thereby.
15.2.4 A detailed description of the previous
experience of the applicant in providing Cable Television System
service and related or similar service .
15.3
Application.
15.3.1 Detailed pro forma projections over the
first ten years of operation of the system, by year: including,
without limitation, numbers of Subscribers by Tier, rates by
Tier, revenues in detail, expenses in detail, balance sheet,
capital expenditures, depreciation, and cash flow.
15.3.2 A detailed and complete financial statement
of the applicant, its Parent and/or its subsidiaries, prepared by
a certified public accountant, for the fiscal year next preceding
the date of the application hereunder, or a letter or other
acceptable evidence in writing from a recognized lending
insti tution or funding source, addressed to the appl icant and
Grantor, setting forth the bases for studies performed by such
lending institution or funding source, and a clear statement of
its intent as a lending institution or funding source to provide
whatever capital shall be required by the applicant to construct
or rebuild and operate the proposed system, or a statement from a
certified public accountant certifying that the applicant has
available sufficient free, net and uncommitted cash resources to
upgrade or construct and operate the proposed system.
15.3.3 A statement identifying, by place and date,
any other cable television franchises awarded to the applicant,
its Parent or subsidiary: the status of such franchises with
respect to completion thereof: the total cost of completion of
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such system(s) and the amount of applicant's and its Parents' or
subsidiaries' resources committed to the completion thereof.
15.3.4 A detailed description of the proposed plan
of operation of the applicant which shall include but not be
limited to the following:
15.3.4.1 A detailed map indicating all areas
proposed to be served, and a proposed construction time schedule
for the complete upgrade or rebuild of the system as necessary to
become operational and to comply with this Ordinance and the
Franchise, throughout the entire area to be served.
15.3.4.2 A
proposed classifications
installation charges and
checks, etc..
statement or schedule
of rates and charges,
service charges, extra
listing all
including
service, bad
15.3.4.3 A detailed, informative, and referenced
statement describing the equipment (manufacturers and model
numbers and operational and construction standards) which will be
used by the applicant.
15.3.4.4 A detailed' description of the
technologies to be used, particularly in respect to extension
policy and optimum service to all areas and including clear
evidence of the feasibility of any planned new technologies.
15.3.4.5 Consumer-oriented
subscriber-service
standards.
16 REGULATORY CHANGES
16.1 General. This Ordinance and any Franchise granted
pursuant hereto shall be subject to all applicable federal and
state laws, rules and regulations [hereinafter "law"]. If any
such law is thereafter amended, changed or repealed, or any new
law is adopted or promulgated applicable to Cable Service after
the effective date of any Franchise granted hereunder, any such
amendment or change shall be incorporated into this Ordinance at
the option of Grantor to the extent permi tted by law. Such
change shall become effective upon thirty (30) days written
notice by Grantor to the Grantee of such incorporation .
16.2 Rate or Other Requlation. Grantor reserves the
right to regulate rates for Cable Service or to engage in other
regulatory activity to the fullest extent permitted by law. In
the event that applicable law is amended or repealed or any
restrictions on the authority of Grantor to regulate rates or
other Grantee activities are removed or lessened, this Ordinance
April 23, 1991
34 1
shall be deemed to include such regulatory authority for Grantor
as if expressly set forth herein.
If the FCC, or any other authorized entity, permits
Grantor to regulate such rates, Grantor may, at its discretion,
establish reasonable procedures and standards and regulate such
rates to the fullest extent permitted.
If the FCC or any other government body is granted
the authority to regulate rates, such rules as may be promulgated
may be appropriately incorporated into any Franchise and this
Cable Ordinance, at the option of Grantor.
17 OPEN BOOKS AND RECORDS
Grantee shall make available, upon written request by
Grantor, complete and accurate books of account, records, maps,
plans and other like materials of the company applicable to the
business, ownership, and operations of the System. Grantor shall
have the right to inspect Grantee's operations at intervals and
for reasons related to the enforcement, compliance, and
administration of this Ordinance and the Franchise and to obtain
any applicable information which has not otherwise been provided
to Grantor, when Grantor has reasonable basis to believe such has
not been reported fairly or accurately. Grantor shall protect the
confidentiality of such information- to the extent permitted by
law.
within thirty (30) business days after request by Grantor,
Grantee shall provide Grantor with copies of such records,
certified as accurate by an officer of Grantee.
18 SEVERABILITY
All terms and conditions of this Ordinance and the Franchise
are subject to the rules and regulations of, and to any required
approval of, federal and state agencies. If any provision of
this Ordinance or any Franchise granted hereunder is held by any
court or federal or state agency of competent jurisdiction to be
invalid as conflicting with any federal or state law, rule or
regulation now or hereafter to become in effect, or is held by
such court or agency to be modified in any way in order to
conform to the requirement of any such law, rule or regulation,
said provision shall be considered a separate, distinct and
independent part of this Ordinance or the Franchise, and such
holding shall not affect the validity and enforceability of any
other provisions of this Ordinance or the Franchise.
Notwithstanding the foregoing, if any part of the Franchise
is found to be invalid by the FCC or any court of competent
jurisdiction, then the parties shall renegotiate such part. In
the event that such law, rule or regulation is subsequently
repealed, rescinded, amended or otherwise changed, so that the
provision hereof which had been held invalid or modified is no
longer in conflict with the law, rules, and regulations then in
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effect, said provision shall thereupon return immediately to full
force and effect, at the option of Grantor.
19 SERVICE AND REPAIR STANDARDS
Grantee shall establish and adhere to a preventive
maintenance policy directed toward maximizing the reliability and
maintainability of the Cable System with respect to its delivery
of Cable Service to Subscribers at or above the Technical
Standards set forth herein. When it is necessary to interrupt
Cable Service for the purpose of making repairs, adjustments,
installations or other maintenance activities, Grantee shall do
so at such times as will cause the least inconvenience to its
Subscribers, generally between the hours of 11:30 p.m. and 6:30
a.m. the next morning.
Grantee shall comply with consumer service standards as
promulgated by the National Cable Television Association (NCTA)
which standards are incorporated herein by reference, and with
the following:
19.1 ReDair CaDabilitv. Grantee shall maintain
sufficient qualified technicians, service vehicles, and test and
repair equipment to provide repair service within the parameters
set forth below.
19.2 Notice. Except in an emergency, Grantee shall give
Subscribers at least 24 hours' notice of any interruption of
Cable Service for purposes of maintenance or repair. In an
emergency, Grantee shall give such notice as is reasonable in the
circumstances. Notice given on the Alphanumeric Channels shall
be considered sufficient. When Subscriber channels will be
interrupted, normal scheduled service and repair shall be
performed between the hours of 11:30 p.m. and 6:30 a.m. the next
morning.
19.3 ReDair Procedure. Grantee shall have a local
listed telephone for receipt of requests for repairs at any time,
24 hours per day, seven days per week. Grantee responses to such
requests shall occur within 24 hours after Grantee's receipt of
such a request, oral or written, excluding Sundays and holidays.
Verification of the problem and Grantee's best efforts to resolve
the problem shall occur within 48 hours. In any event,
resolution should occur within five (5) working days Those
matters requiring additional maintenance, repair, or technical
adjustments that require more than five (5) working days to
complete shall be reported in writing to the Subscriber and the
CATV Committee. Grantor may require reasonable documentation to
be provided by Grantee to substantiate a request for additional
time to resolve any such complaint.
Grantee shall respond seven days a week within two hours to
any Area outage which occurs between the hours of 7: 00 am and
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9:00 pm, and by not later than 11:00 am the following day to any
Area outage which occurs between 9: 00 p. m., and 7: 00 a. m. the
following day. Such response shall mean actual commencement of
trouble-shooting and repairs, plus contact with the complaining
Subscriber(s), if reasonably possible under the circumstances.
19.3.1 ReDorts to Grantor. Grantee shall provide
written notice detailing all actions taken to resolve complaints
submitted to Grantor, within 5 business days from written or
telephone notification by Grantor to Grantee. Grantee shall
provide monthly service-call and outage reports to Grantor or the
CATV Committee upon request.
19.4 Refund for Outaae. For any continuous Service
interruption or loss of service in excess of 24 hours, Grantee
shall make a pro-rated refund of such Subscriber's regular
monthly charge to each Subscriber so affected, upon written
request of such Subscriber. The 24-hour period shall commence
when Grantee learns of such outage whether through Subscriber
notification or notification by Grantee's maintenance personnel.
Such refunds shall be prorated by mUltiplying the
applicable monthly service rate by a fraction whose numerator
equals the number of days of the outage and whose denominator
equals the number of days in the - month of the outage. For
purposes of this paragraph, an outage shall be defined as a
Subscriber's receipt of less than two thirds of the authorized
Basic Cable Service Channels, or loss of any Premium Channel.
Grantee shall not be required to grant a refund in the event that
an outage is caused by any Subscriber.
19.5 Billinq Practices. Grantee shall maintain written
billing practices and pOlicies and shall furnish a copy thereof
to Grantor, the CATV Committee, and all Subscribers, and to each
new Subscriber. Grantor and all Subscribers shall be notified in
writing 30 days in advance of any changes.
19.6 Pro-rated Service. In the event a Subscriber's
service is terminated for any reason, monthly charges for service
shall be pro-rated on a daily basis. Where advance payment has
been made by a Subscriber, the appropriate refund shall be made
by Grantee to the Subscriber within 30 days of such termination,
unless the amount is less than $5.00 which shall be refunded only
upon the Subscriber's request.
19.7 Disconnection for Non-Pavment.
the right to disconnect a Subscriber for
overdue account provided that:
Grantee shall have
failure to pay an
19.7.l Grantee's billing practices and policy
statements have set forth the conditions under which an account
will be considered overdue; and
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19.7.2 Grantee mails wri tten notice of intent to
disconnect at least 15 days prior to the proposed disconnection;
and
19.7.3 The Subscriber's account is at least 30 days
delinquent computed from the first day of service for which
payment has not been made.
19.8 Records. Grantee shall maintain records of all
service complaints by Subscribers either oral or written. Grantee
shall maintain records showing the date of receipt of all written
complaints and identifying the Subscriber, the nature of the
complaint, and the date action was taken by Grantee in response
thereto, together wi th a description of such action. Such
records shall be kept available at Grantee's local office for at
least two years from date of receipt, for inspection by Grantor
as it may at any time and from time to time reasonably request,
during business hours and upon reasonable notice. A periodic log
of all complaints and resolutions, by category, shall be provided
to the CATV Committee or its designee upon request. Complaints
that remain unresolved for a period of ten (10) working days or
more shall be reduced to writing by the Subscriber and submitted
to the CATV Committee or its designee for appropriate action.
20 CONSUMER STANDARDS
Grantee shall comply with the following Consumer Standards,
beginning within two years after the effective date of the
Franchise. Service standards shall generally equal or exceed
those established by the NCTA, and in Part 19 hereof.
20.1 Mean time between failures. The average time
between Area Outages shall exceed twenty-four (24) hours in any
twelve (12) month period. It shall be computed by dividing the
operating time by the number of Area Outages.
20.2 Mean time to repair. The average time to complete
repair to System outages shall not exceed two (2) hours in any
twelve (12) month period. It shall be computed by dividing the
total time for repairs by the number of repair orders.
20.3 Subscriber Down Time. Annual Subscriber Down Time
shall not exceed an average of four hours per Subscriber.
20.4 Mean Time to Install. Mean time to install shall
be eight working days for underground installations and four
working days for aerial installations.
20.5 Service Calls (Repairs). Seventy percent (70%) of
all repair requests shall be acted upon within 24 hours; 90%
within 96 hours. All repair requests shall be resolved within 5
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345
working days unless good and sufficient cause exists. Any
service call not resolved within 5 working days shall be reported
in writing to the CATV Committee by Grantee wi thin two working
days thereafter.
20.6 TeleDhone Waitinq Time. During normal business
hours, 90% of all telephone calls shall be picked up on or before
the fourth ring and no caller shall be allowed to wait for more
than 10 rings. Waiting time shall not exceed an average of 30
seconds total for any caller and no caller shall be transferred
except for specialized services.
21 PRIVACY
Grantee shall comply fully with the letter and spirit of
Section 631 of the Cable Act with regard to the right of privacy
of any Subscriber. If any device or signal associated with the
Cable System interferes with the right of privacy of any third
party, Grantee shall terminate any such interference. Grantee
shall not disclose the name of any Subscriber to any third party,
except for Grantee's own marketing or research purposes .
21.1 Installation of EquiDment. Grantee shall not
install its Cable Distribution System on private property without
first securing written permission of the owner or tenant in
possession of such property or the written permission of the
holder of any easement for utility lines or similar purposes, and
in accordance with law. Upon request, Grantee shall inform
owners and tenants of the functions of all equipment installed on
private property.
21.2 Monitorinq. Neither Grantee nor any of its
officers, employees or agents shall tap, monitor or arrange for
the tapping or monitoring of any Drop, Outlet or receiver for any
purpose whatsoever other than legitimate technical performance
testing of the Cable System or the monitoring of Subscriber Cable
Service or monitoring to prevent theft of service, without prior
written consent of all affected parties.
21.3 Subscriber Lists or Information. Grantee shall not
sell, disclose, or otherwise make available, or permit the use
of, lists of the names or addresses of its Subscribers, or any
list or other information which identifies Subscribers or
Subscriber viewing habits, to any person or entity for any
purpose whatsoever without the consent of such Subscriber, all in
accordance with and subject to the provisions of the Cable Act
and applicable law. This provision shall not prevent Grantee
from performing such acts as may be necessary for the purpose of
service-related activities, including surveys.
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21.4 Protection of Privacy. Grantee shall not transmit
any Audio, Video or Digital signal, including polling channel
selections, from any Subscriber's premises without first
obtaining the written consent of that Subscriber. (This
provision is not intended to prohibit the use of transmission
signals useful only for the control or measurement of signal
performance and programming, e.g., status monitoring or reception
of premium programing, but such information shall not be used
except for those basic purposes.) Grantee shall not permit the
installation of any special terminal equipment in any
Subscriber's premises which will permit transmission from
Subscriber's premises of two-way services utilizing Audio, Video
or Digital Signals without first obtaining written permission
from the Subscriber.
22 PRIOR INCONSISTENT ORDINANCES
All ordinances or parts of ordinances inconsistent with or
contravening this Ordinance or any franchise granted hereunder
are hereby repealed.
23 NON-DISCRIMINATION
Grantee shall not discriminate on the basis of race,
religion, color, sex or national origin in emploYment practices,
contracting or provision of services~
EFFECTIVE DATE:
This ordinance shall be in full force and effect from and
after its passage and publication.
IN RE: ALLOCATION OF FUNDS IN 1991-92 BUDGET
Supervisor Nickens moved to eliminate the senior citizens
recreation fee, allocate $15,000 funding for the Transitional
Living Center and $7,000 for baseballs; with funding to be
appropriated from the 1991-92 Board Contingency Fund. The motion
was carried by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
NAYS:
None
April 23, 1991
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IN RE:
ADJOURNMENT
At 9:45 p.m., Chairman McGraw declared the meeting
adjourned.
~ C/4k~
r steven A. McGraw, Chairman
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