HomeMy WebLinkAbout1/28/1975 - Regular
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1-28-75
Salem-Roanoke Valley Civic Center
Salem, Virginia
January 28, 1975
7:30 P.M.
The Board of Supervisors of Roanoke County met this day at the Salem-
Roanoke Valley Civic Center in Salem, Virginia, being the fourth Tuesday, and the
second regular meeting of the month.
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Members Present: Chairman Richard C. Flora, Vice-Chairman John G. Seibel,
C. Lawrence Dodson, R. E. Hilton, Jr. and May Winn Johnson. William F. Clark,
County Administrator, and Edward A. Natt, County Attorney, were also in
attendance.
Chairman Flora called the meeting to order at 7:30 p.m. and recognized
Reverend Ealy Odgen, Mount Olive Baptist Church, who offered the invocation. The
Pledge of Allegiance to the flag was given in unison, led by Chairman Flora.
On the motion of Supervisor Hilton and the unanimous voice vote of the
Board, the minutes of the adjourned meeting of December 27, 1974 were approved as
spread.
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IN RE:
PETITION OF DORSEY M. ETZLER, JR. FOR REZONING )
A ONE ACRE TRACT ON THE SOUTH SIDE OF ROUTE 603) CONTINUED
(BABE LOUIS ROAD) IN BONSACK COMMUNITY )
Supervisor Seibel moved that the Board concur with the recommendation of
the Planning Commission and deny the petition of Dorsey M. Etzler, Jr. for rezon-
ing a one-acre tract located on the south side of Route 603 (Babe Louis Road) in
the Bonsack community from A-l to B-1.
The matter was continued to the February 11, 1975 meeting of the Board
by the following recorded tie vote:
AYES:
NAYS:
Mr. Seibel, Mr. Flora
Mr. Hilton, Mrs. Johnson
Mr. Etzler was present at the public hearing. No one appeared in
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ABST A fN I NG: Mr. Dodson
oppos iti on.
1-28-75
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IN RE:
ADOPTION OF ORDINANCE NO. 1177 AMENDING
CHAPTER 10. MOTOR VEHICLES AND TRAFFIC
OF THE ROANOKE COUNTY CODE
WHEREAS, the Board of Supervisors deems certain amendments to the Roanoke
County Code to be necessary in the best interests of the health, safety and general
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welfare of the citizens of Roanoke County; and
WHEREAS, a Notice of Intention to amend the Roanoke County Code as
proposed, and public hearing thereon, have been advertised and posted in accordance
with law.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, that the Roanoke County Code be amended as follows:
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Ithe owner of the property or his agent. The owner of privately owned property I
Idesiring enforcement upon his property of the provisions of this Section shall ~!
notify the Sheriff of Roanoke County in writing of his desire to be covered by the
Iprovisions of this section and the owner shall post notices on his property adequat
Ito inform the public that operation of such vehicles upon that property is unlawfu1r
I b. Where any officer charged with the enforcement of the motor vehicle laws i
lof the State of Virginia or the County of Roanoke arrests any person and charges I
Ihim with violating the provisions of sub-section (a) of this section, he may seize I
Ithe motorcycle and deliver the same to the Sheriff of Roanoke County and the
Ivehicle shall be held by the Sheriff of Roanoke County until the charge is disposed
lof by the Court having jurisdiction, provided such seizure shall not be made of any
Imotorcyc1e operated on private property unless the owner of such private property I
complies with the requirements set out in sub-section (a) hereinabove. In dis-
II posing of the charge, the court shall order the vehicle returned to its owner.
When any person has been convicted of a second or subsequent violation of this
section, the judge may order such vehicle held by the Sheriff for a period not to
exceed 90 days. The penalties imposed by this section are in addition to any other
penalty imposed by Section 46.1-16 of the aforesaid Code of Virginia or by any
Iprovision of this Code, for such violation and not in substitution thereof.
Chapter 10. Motor Vehicles and Traffic, Article I.
In General, be amended by the addition of a new section
numbered, Section 8.1 and entitled Disposition of
unregistered or un1ise~sed motorcycles.
Sect. 8.1. Disposition of unregistered or unlicensed motorcycles.
a. It shall be unlawful for any person to operate any motorcycle as defined
in Section 46.1-1 of the Code of Virginia, 1950, as amended, which does not comply
with registration and licensing requirements of the Code of Virginia on the public
highways of this State, or upon the driveways or premises of a church, school,
recreational facility or business property open to the public unless authorized by
This amendment to take effect on January 28, 1975.
On motion of Supervisor Dodson and adopted by the following recorded vote
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AYES:
I NAYS:
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Mr. Dodson, Mrs. Johnson, Mr. Seibel, Mr. Flora
Mr. Hi lton
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1-28-75
IN RE:-
AN ORDINANCE TO AMEND CHAPTER 7, BUILDINGS, OF
THE ROANOKE COUNTY CODE REGARDING PERMIT FEES
FOR THE RAZING OF STRUCTURES
Supervisor Dodson moved that the public hearing on adoption of an
ordinance to amend Chapter 7, Buildings, of the Roanoke County Code regarding
permit fees for the razing of structures be continued to the February 11, 1975
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meeting of the Board.
The motion was adopted by the unanimous voice vote of the Board.
IN RE:
ADOPTION OF ORDINANCE NO. 1178 GRANTING A FRANCHISE FOR A CATV
SYSTEM IN ROANOKE COUNTY.
NOTE: See end of minutes for the spreading of Ordinance No. 1178
IN RE:
RESOLUTION NO. 1179 RELATING TO THE FUNDING OF THE
SCIENCE MUSEUM FACILITY FOR THE ROANOKE VALLEY
WHEREAS, planning for a natural science facility for the Roanoke Valley
is currently taking place with preliminary drawings for said facility to be com-
p1eted during the early part of 1975; and
WHEREAS, funds are being sought through the General Assembly of Virginia
to provide for the preparation of working drawings for said facility; and
WHEREAS, the Board of Supervisors of Roanoke County desires to express
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its support for the appropriation of additional funds by the General Assembly of
Virginia as requested by the Science Museum of Virginia to provide funds for the
next phase of the development of a museum facility in the Roanoke Valley.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County that said Board hereby expresses its support of the request of the Science
Museum of Virginia for funding by the 1975 General Assembly of monies sufficient
to provide for the next phase of the development of a museum facility in the
Roanoke Va 11 ey.
BE IT RESOLVED by said Board that the Clerk of the Board of Supervisors
transmit certified copies of this resolution to all area legislators with the
request that they support said funding.
On motion of Supervisor Seibel and adopted by the following recorded
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vote:
AYES: Mr. Dodson, Mr. Hilton, Mrs. Johnson, Mr. Seibel, Mr. Flora
NA YS: None
1-28-75
'123
IN RE:
AMENDMENT TO GENERAL APPROPRIATION ORDINANCE NO. 1180
On motion of Supervisor Johnson~ the General Appropriation Ordinance of
Roanoke County, Virginia~ adopted June 25~ 1974~ be~ and the same is hereby~ amend-
ed as follows to become effective January 28~ 1975:
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EXPENDITURES
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appropriation of I
Fund for the I
purpose hereinabove
318i - Contribution to Service Organizations
AYES:
NAYS:
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702a - Salem-Roanoke Valley Civic Center: An Additional
$19~110 is hereby made from the General Operating
period ending June 30, 1975~ for the function and
indicated.
Adopted by the following recorded vote:
Mr. Dodson~ Mrs. Johnson~ Mr. Seibel, Mr. Flora
Mr. Hi Hon
BINGO PERMIT RENEWAL - CAVE SPRING OPTIMIST CLUB
Supervisor Johnson moved that the application of Cave Spring Optimist
IC1ub for renewal of their Bingo Permit be approved effective this date for a
period of one year.
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I renewal of their Bingo Permit be approved effective this date for a period of one
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!year.
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IIN RE:
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IBoard~ the following item was this date received~ filed and referred to the
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!P1anning Commission for its recommendation:
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I secure an appraisal by a qualified appraiser on the 75 acres of land presently
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Iu. S. Route 11~ about two miles west of the Salem Corporate limits and report back
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The motion was adopted by the unanimous voice vote of the Board.
BINGO PERMIT RENEWAL - CAVE SPRING JAYCEES
Supervisor Johnson moved that the application of Cave Spring Jaycees for
The motion was adopted by the unanimous voice vote of the Board.
ITEMS REFERRED TO THE PLANNING COMMISSION
On the motion of Supervisor Hilton and the unanimous voice vote of the
Petition of Rosemary Hash Pettigrew~ Doris Hash Shaw and W. E. Gates
for rezoning to R-3 Lots 10 and 11 ~ Block l~ North Hills in order to
erect multi-family dwellings and/or townhouses.
REAL ESTATE OPTION - JAMES E. LONG CONSTRUCTION COMPANY~ INC.
Supervisor Seibel moved that the County Administrator be directed to
The motion was adopted by the unanimous voice vote of the Board.
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1-28-75
IN RE:
AMENDMENT TO GENERAL APPROPRIATION ORDINANCE NO. 1181
On motion of Supervisor Seibel, the General Appropriation Ordinance of
Roanoke County, Virginia, adopted June 25, 1974, be, and the same is hereby,
amended as follows to become effective February 1, 1975:
EXPENDITURES
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305d - Juvenile and Domestic Relations Court
100 - Salaries: An additional appropriation of $3,605 is hereby made
from the General Operating Fund for the period ending June 30,
1975, for the functions and purpose hereinabove indicated.
REVENUES
3020 - Revenues from the Commonwealth
0611 - Share J & D Relations Court Salaries and Travel: An additional
estimate of $1,803 is hereby made to the General Operating Fund
for the period ending June 30, 1975 for the function and purpose
hereinabove indicated.
Adopted by the following recorded vote:
AYES:
NAYS:
Mr. Dodson, Mr. Hilton, Mrs. Johnson, Mr. Seibel, Mr. Flora
None
IN RE:
RESOLUTION NO. 1182 RELATING TO THE APPLICATION
OF THE FAIR LABOR STANDARDS ACT
WHEREAS, Federal legislation has recently been enacted which would, if
upheld by the courts, have the effect of applying the Fair Labor Standards Act
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amendments co all State and local governments; and
WHEREAS, litigation is presently in the courts questioning the con-
stitutionality of the amendments to said Fair Labor Standards Act; and
WHEREAS, the Board of Supervisors of Roanoke County desires to join
other localities in Virginia in filing an amicus curiae brief in the litigation
presently in the courts.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County that said Board hereby joins the Virginia Attorney General's Office, the
Virginia Association of Counties Executive Board and other counties and localities
in Virginia in the filing of a brief amicus curiae in the case of National League
of Cities vs. Brennan supporting the National League of Cities in its efforts to
have the amendments of the Fair Labor Standards Act declared unconstitutional.
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On motion of Supervisor Seibel and adopted by the following recorded
vote:
AYES:
NAYS:
Mr. Dodson, Mr. Hilton, Mrs. Johnson, Mr. Seibel, Mr. Flora
None
1-28-75
1125
IN RE:
AMENDMENT TO GENERAL APPROPRIATION ORDINANCE NO. 1183
On motion of Supervisor Hilton, the General Appropriation Ordinance of
Roanoke County, Virginia, adopted June 25, 1974, be, and the same is hereby,
amended as follows to become effective January 28, 1975:
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EXPENDITURES
30 - General Operating Fund
Additional appropriations are hereby made from the General Operating Fund I
for the period ending June 30, 1975, for the following functions and purposes:
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Additional estimates of increases and decreases are hereby made to the Generall
Operating Fund for the period ending June 30, 1975 for the following purposes:
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3010 - Local Revenues I
!OOOO - Beginning Balance $548~400 II
10106 - Taxes - Delinquent Taxes 15,000
0107 - Taxes - Delinquent - Personal Property 5,000
10111 - Land Redemptions (20,000)
,0112 - Interest - Delinquent Taxes 8~000
10113 - Interest - Collector 1,000
110203 - Record and Convey Tax (25,000)
0206 - Utility Taxes 55,600
0305 - Business License 150,000
0307 - Electric and Plumber Licenses 1,000
0501 - Interest on Investments 50,000
0504 - Rent Income (2,000)
0706 - Electric Inspection fees (10,000)
0707 - Plumbing Inspection fees (10,000)
0714 - Garbage Collection fees (30,000)
0803 - Sale of Equipment 3,700
0807 - Sale of Code Books 500
10910 - VPA Refunds - Public Assistance 15,000
, 0911 Mi sce 11 aneous Refunds 1 ,000
0916 - Prepare Civic Center Checks 200
0920 - Recovered Warrants 400
I 0922 - Refund from Grant 9,903
301a - Board of Supervisors
301b - County Administrator
301d - Finance Department
303a - Treasurer
305b - General District Court
305c - Commonwealth's Attorney
306a - Policing and Investigating
306b - Confinement and Care of Prisoners
310a - Engineering
310b - Inspections
310d - Garbage Disposal
312a - Animal Control Department
314a - Buildings and Grounds
318b - Accounts to be Reimbursed
318c - Employee Benefits
i318d Annexation
318e - Parks and Recreation Department
TOTAL
$ 9,254
2,000
600
200
389
14~761
128,035
14,965
2 ~ 1 00
1 , 199
39,348
1 ,850
14,366
222~682
66,000
204,800
15,000
$737,549
REVENUES
130 -
General Operating Fund
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126
REVENUES - CONTINUED
3020 - Commonwealth Revenues
0601 - ABC Profits
0602 - Wine Tax
0605 - Motor Vehicle Carrier's Tax
0611 - J & 0 Salaries and Travel
0627 - J & D Office Expense
0628 - FICA Constitutional Officers
0630 - Civil Defense
0911 - State Health Department
0920 - PEP Refund
0629 - Sheriff Salary - Compensation Board
0631 - Commonwealth's Attorney - Sal - Compo Board
3030 - Non-Revenue Accounts
0900 - Prior Year Checks Voided
0916 - FWH - Repayment Accounts
0917 - Reimburse Salary PSA
0918 - Reimburse Salary SRVCC
0998 - Reimburse Rescue Squads
0999 - Miscellaneous Refunds
1004 - Sale of Land
1020 - Reimburse - Insurance - Library
1021 - Reimburse - Insurance - Welfare
1070 - Reimburse - Telephone - PSA
1071 - Reimburse - Telephone - Schools
1072 - Reimburse - Telephone - Welfare
1073 - Reimburse - Gas, etc. - PSA
1075 - Deposit CATV
1099 - Treas - Working Cash Increase
3090 - Transfer from Other Funds
1110 - FromRevenue Sharing
TOTAL
$(10,150)
(2,650)
600
6,000
100
5,000
(3,000)
18,150
13,200
143,000
14,311
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$ 2,500
140,000
18,000
17,000
2,000
6,000
(222,000)
100
100
800
8,000
8,000
3,000
2,850
1,000
23,500
$963, 114
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Adopted by the following recorded vote:
AYES:
NAYS:
Mr. Dodson, Mr. Hilton, Mrs. Johnson, Mr. Seibel, Mr. Flora
None
IN RE:
AMENDMENT TO GENERAL APPROPRIATION ORDINANCE NO. 1184
On motion of Supervisor Hilton, the General Appropriation Ordinance of
Roanoke County, Virginia, adopted June 25, 1974, be and the same is hereby amended
as follows to become effective January 28, 1975:
EXPEND ITURES
1400 - Federal Revenue Sharing Fund
111 - Personnel Physicals (Fire and Police): A deletion of $6,000 is hereb\
authorized from the Revenue Sharing Bond Fund for the period ending
June 30, 1975 for the function and purpose hereinabove indicated.
200 - Advertising: An additional appropriation of $500 is hereby made from
the Federal Revenue Sharing Fund for the period ending June 30, 1975
for the function and purpose hereinabove indicated.
401 - Fire Apparatus - Vinton: A deletion of $130 is hereby authorized,
from the Federal Revenue Sharing Fund for the period ending June 30,
1975 for the function and purpose hereinabove indicated.
601b - Property Option: An additional appropriation of $8 is hereby made
from the Federal Revenue Sharing Fund for the period ending June 30,
1975 for the function and purpose hereinabove indicated.
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1-28-75
11211
REVENUES
1400 - Federal Revenue Sharing Fund
0000 - Beginning Balance: An additional estimate of $315.800 is hereby made
to the Federal Revenue Sharing Fund for the period ending June 30.
1975 for the function and purpose hereinabove indicated.
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0501 - Interest on Investment: An additional estimate of $90.000 is hereby
made to the Federal Revenue Sharing Fund for the period ending June
30. 1975 for the function and purpose hereinabove indicated.
0696 - Revenue Sharing Receipts: An estimated deletion of $70.591 is hereby
made from the Federal Revenue Sharing Fund for the period ending
June 30. 1975 for the function and purpose hereinabove indicated.
Adopted by the following recorded vote:
IN RE:
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Parks and Playground Bond Fund I
601b - Site Improvement - Catawba Center: An additional appropriation of I
$100 is hereby made from the Parks and Playground Bond Fund for the ,
period ending June 30. 1975 for the function and purpose hereinabove II.:
indicated.
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- Parks and Playground Bond Fund II
0000 - Beginning Balance: An additional estimate of $10.956 is hereby made;
to the Parks and Playground Bond Fund for the period ending June 30. I
1975 for the function and purpose hereinabove indicated. I
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Mr. Dodson. Mr. Hilton. Mrs. Johnson. Mr. Seibel. Mr. Flora
AYES:
NAYS:
None
AMENDMENT TO GENERAL APPROPRIATION ORDINANCE NO. 1185
On motion of Supervisor Hilton. the General Appropriation Ordinance of
Roanoke County. Virginia. adopted June 25. 1974. be. and the same is hereby.
amended as follows to become effective January 28. 1975:
EXPENDITURES
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14500 -
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14500
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REVENUES
0502 -
Interest on
hereby made
ending June
indicated.
Investments: An additional estimate of $10.000 is
to the Parks and Playground Bond Fund for the period
30. 1975 for the function and purpose hereinabove
Adopted by the following recorded vote:
AYES: Mr. Dodson. Mr. Hilton. Mrs. Johnson. Mr. Seibel. Mr. Flora
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NAYS:
None
IN RE:
AMENDMENT TO GENERAL APPROPRIATION ORDINANCE NO. 1186
On motion of Supervisor Hilton. the General Appropriation Ordinance of
Roanoke County. Virginia. adopted June 25. 1974. be. and the same is hereby.
amended as follows to become effective January 28. 1975:
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EXPENDITURES
5200 - Highway Safety Fund
900 - Transfer to General Operating Fund: An additional appropriation of
$9,903 is hereby made from the Highway Safety Fund for the period
ending June 30, 1975 for the function and purpose hereinabove
indicated.
REVENUES
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5200 - Highway Safety Fund
0000 - Beginning Balance: An additional estimate of $9,903 is hereby made
to the Highway Safety Fund for the period ending June 30, 1975 for
the function and purpose hereinabove indicated.
Adopted by the following recorded vote:
AYES:
NAYS:
Mr. Dodson, Mr. Hilton, Mrs. Johnson, Mr. Seibel, Mr. Flora
None
IN RE:
NOTICE OF INTENTION TO AMEND CHAPTER 10, MOTOR
VEHICLES AND TRAFFIC, OF THE ROANOKE COUNTY
CODE IN REGARD TO COURTHOUSE PARKING
BE IT RESOLVED by the Board of Supervisors of Roanoke County that a
public hearing be held on February 25, 1975 at 7:00 p.m. at a regular meeting of
the Board of Supervisors of Roanoke County, held at the Salem-Roanoke Valley
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Civic Center, at which time it will be moved that the Roanoke County Code be
amended as follows:
Chapter 10, Motor vehicles and traffic, Section 10-10.
Courthouse parking regulations.
This amendment to take effect on February 25, 1975.
The Clerk of this Board is directed to publish the proposed amendment
and notice of hearing thereon as required by law, pursuant to Section 15.1-504 of
the 1950 Code of Virginia, as amended, once a week for two consecutive weeks, in
the Roanoke World News, a newspaper having a general circulation in Roanoke County
Said proposed amendment and notice of hearing thereon shall be published
and posted at the front door of the Roanoke County Courthouse.
A copy of the proposed amendment is on file in the Clerk's Office of
the Circuit Court of Roanoke County and at the County Administrator's Office at
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306-A East Main Street, Salem, Virginia.
On motion of Supervisor Johnson and adopted by the following recorded
vote:
AYES:
NAYS:
Mr. Dodson, Mr. Hilton, Mrs. Johnson, Mr. Seibel, Mr. Flora
None
The entire Notice of Intention is filed with the minutes of this meeting
1-28-75
II ~ 9
IN RE:
COUNTY PAYROLLS
On the motion of Supervisor Hilton and the following recorded vote, the
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County Payrolls (Semi-monthly 1/15/75) and (Bi-weekly 1/17/75) were approved for I
payment in the gross amount of $111,846.65 from which the sum of $14,783.75 F.I.T.,I
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$2,748.01 State Tax, $6,476.60 F.I.C.A., $2,589.74 Blue Cross, $3,478.59 VSRS, I
$478.80 L.I., $87.50 ACC, $248.84 T.P., $116.95 A.F., $131.28 S.B., $67.50 U.F., I
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$377.51 Misc., are deducted leaving a net payroll of $80,261.58. I
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AYES:
NAYS:
Mr. Dodson, Mr. Hilton, Mrs. Johnson, Mr. Seibel, Mr. Flora
None
IN RE:
ACCOUNTS FOR PAYMENT
On the motion of Supervisor Hilton and the following recorded vote, the
current bills totaling $162,490.00 and the bills paid since last Board meeting
totaling $236,358.90 were today approved presently and retroactively.
AYES: Mr. Dodson, Mr. Hilton, Mrs. Johnson, Mr. Flora
NAYS: None
ABSTAINING: Mr. Seibel
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IN RE:
LIVESTOCK CLAIM - LESTER G. WERTZ (DENIAL)
Supervisor Hilton moved that the Livestock Claim of Lester G. Wertz in
the amount of $18.00 for nine chickens killed by dogs on December 16, 1974 be
denied since the normal policy of the Board of Supervisors is to approve claims
lonly if a personal property return was properly filed.
I The motion was adopted by the unanimous voice vote of the Board.
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IN RE: LIVESTOCK CLAIM - EARL SIRRY
Supervisor Seibel moved that the Livestock Claim of Earl Sirry for one
sheep killed by dogs on December 14, 1974, be approved for payment in the amount
of $15.00 instead of the requested $40.00 in accordance with the recommendation of
the County Finance Officer and the information obtained from Mr. Sirry's Personal
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Property return.
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NAYS:
The motion was adopted by the following recorded vote:
Mr. Dodson, Mr. Hilton, Mrs. Johnson, Mr. Seibel, Mr. Flora
None
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IN RE:
LIVESTOCK CLAIM - RAYMOND A. MARTIN
Supervisor Hilton moved that the Livestock Claim of Raymond A. Martin
for eight rabbits killed by dogs on December 13, 1974, be approved for payment in
the amount of $16.00 instead of the requested amount of $32.00.
The motion was adopted by the following recorded vote:
AYES:
NAYS:
Mr. Dodson, Mr. Hilton, Mrs. Johnson, Mr. Seibel, Mr. Flora
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None
IN RE:
AMENDMENT TO GENERAL APPROPRIATION ORDINANCE NO. 1187
On the motion of Supervisor Seibel, the General Appropriation Ordinance
of Roanoke County, Virginia, adopted June 25, 1974, be, and the same is hereby,
amended as follows to become effective January 28, 1975:
4700 - Water and Sewer Bond Fund (PSA)
902 - Repayment of Temporary Loan from General Operating Fund: An
additional appropriation of $15,000 is hereby made from the
Water and Sewer Bond Fund for the period ending June 30, 1975
for the function and purpose hereinabove indicated.
4700 - Water and Sewer Bond Fund (PSA)
1102 - Temporary Loan from General Operating Fund: An additional estimate
of $15,000 is hereby made to the Water and Sewer Bond Fund for the period
ending June 30, 1975 for the function and purpose hereinabove indicated.
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Adopted by the following recorded vote:
AYES:
NAYS:
Mr. Dodson, Mr. Hilton, Mrs. Johnson, Mr. Seibel, Mr. Flora
None
IN RE:
AMENDMENT TO GENERAL APPROPRIATION ORDINANCE NO. 1188
On motion of Supervisor Seibel, the General Appropriation Ordinance
of Roanoke County, Virginia, adopted June 25, 1974, be, and the same is hereby
amended as follows to become effective January 28, 1975:
EXPENDITURES
318b - Accounts to be Reimbursed
902h - Loan - Water and Sewer Bond Fund: An additional appropriation of
$15,000 is hereby made from the General Operating Fund for the
period ending June 30, 1975 for the function and purpose hereinabove
indicated.
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REVENUES
3030 - General Operating Fund - Non-revenue Account
1129 - Repayment of Loan - Water and Sewer Bond Fund: An additional
estimate of $15,000 is hereby made to the General Operating Fund
for the period ending June 30, 1975 for the function and purpose
hereinabove indicated.
Adopted by the following recorded vote:
AYES: Mr. Dodson, Mr. Hilton, Mrs. Johnson, Mr. Seibel, Mr. Flora
NAYS: None
1-28-75
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IN RE:
AMENDMENT TO GENERAL APPROPRIATION ORDINANCE NO. 1189
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On the motion of Supervisor Seibel, the General Appropriation Ordinance
of Roanoke County, Virginia, adopted June 25, 1974, be, and the same is hereby
amended as follows to become effective January 28, 1975:
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EXPENDITURES
6300 - Highway Safety Grant - DC 75-080-009-101
499 - Purchase of Equipment (Jaws of Life): An additional appropriation
of $4,000 is hereby made from the Highway Safety Fund for the period
ending June 30, 1975 for the function and purpose hereinabove
indicated.
902 - Repayment of Loan to County: An additional appropriation of $2,000
hereby made from the Highway Safety Fund for the period ending June
1975 for the function and purpose hereinabove indicated.
REVENUES
6300 - Highway Safety Grant - DC 75-080-009~101
0686 - Federal Cash: An additional estimate of $2,000 is hereby made to the
Highway Safety Fund for the period ending June 30, 1975 for the
function and purpose hereinabove indicated.
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AYES:
INAYS:
IIN RE:
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1101 - County Direct Cash: An additional estimate of $2,000 is hereby made
to the Highway Safety Fund for the period ending June 30, 1975, for
the function and purpose hereinabove indicated.
1102 - County Loan to be Repaid: An additional estimate of $2,000 is hereby \
made to the Highway Safety Fund for the period ending June 30, 1975
for the function and purpose hereinabove indicated.
Adopted by the following recorded vote:
Mr. Dodson, Mr. Hilton, Mrs. Johnson, Mr. Seibel, Mr. Flora
None
AMENDMENT TO GENERAL APPROPRIATION ORDINANCE NO. 1190
On the motion of Supervisor Seibel, the General Appropriation Ordinance
of Roanoke County, Virginia, adopted June 25, 1974, be, and the same is hereby
amended as follows to become effective January 28, 1975:
EXPENDITURES
3l8b - Accounts to be Reimbursed
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902i - Loan to Highway Safety Grant (DC 75-080-009-101): An additional
appropriation of $2,000 is hereby made from the General Operating
Fund for the period ending June 30, 1975 for the function and
purpose hereinabove indicated.
REVENUES
3030 - General Operating Fund - Non-revenue Account
1130 - Repayment of Loan from Highway Safety Grant (DC 75-080-009-101): An
additional estimate of $2,000 is hereby made to the General Operating
Fund for the period ending June 30, 1975 for the function and
purpose hereinabove indicated.
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Adopted by the following recorded vote:
AYES: Mr. Dodson, Mr. Hilton, Mrs. Johnson, Mr. Seibel, Mr. Flora
NAYS: None
The Financial Statement for the month of December~ 1974 and the Jail
Report for the month of December~ 1974 were received by the Board.
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IN RE:' AMENDMENT TO GENERAL APPROPRIATION ORDINANCE NO. 1191
On the motion of Supervisor Johnson, the General Appropriation Ordinance
of Roanoke County, Virginia~ adopted June 25, 1974~ be, and the same is hereby
amended as follows to become effective January 28, 1975:
EXPENDITURES
1700 - School Operating Fund
17fl - Operation of School Plant: An additional appropriation of $200~000
is hereby made from the School Operating Fund for the period ending
June 30, 1975 for the function and purpose hereinabove indicated.
REVENUES
1700 - School Operating Fund
1710 - Local Revenues:
0502 - Interest on Investment: An additional estimate of $200,000 is hereb)
made to the School Operating Fund for the period ending June 30~ 197~
for the function and purpose hereinabove indicated.
Adopted by the following recorded vote:
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AYES:
NAYS:
Mr. Dodson, Mr. Hilton, Mrs. Johnson, Mr. Seibel, Mr. Flora
None
IN RE:
AMENDMENT TO GENERAL APPROPRIATION ORDINANCE NO. 1192
On motion of Supervisor Johnson~ the General Appropriation Ordinance of
Roanoke County, adopted June 25, 1974 be~ and the same is hereby amended as
follows to become effective January 28, 1975:
EXPENDITURES
2500 - School Federal Programs Fund
399 - Federal Program Expenses: An additional appropriation of $30~000 is
hereby made from the School Federal Programs Fund for the period
ending June 30, 1975 for the function and purpose hereinabove
indicated.
REVENUES
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2500 - School Federal Programs Fund
0691 - Title III - Gifted Program: An additional estimate of $30~000 is
hereby made to the School Federal Programs Fund for the period ending
June 30~ 1975 for the function and purpose hereinabove indicated.
Adopted by the following recorded vote:
AYES: Mr. Dodson~ Mr. Hilton~ Mrs. Johnson, Mr. Seibel, Mr. Flora
NAYS: None
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COMMITTEE TO STUDY COUNTY JAIL
On the recommendation of the Chairman, Supervisor Johnson moved that the I
Chairman be authorized to appoint a committee to meet with the Sheriff to discuss I
1-28-75
IN RE:
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the County Jail. The Chairman appointed the Board to act as a Committee of the
Whole along with the County Administrator, County Attorney and County Sheriff.
The motion was adopted by the unanimous voice vote of the Board.
IN RE:
RECOMMENDED CHANGE IN PROCEDURE FOR PAYMENT OF
PAYROLLS AND ACCOUNTS
Supervisor Johnson moved the prepared resolution relating to the
auditing and payment of claims by the County.
The motion was defeated by the fo 11 owi ng recorded vote:
AYES:
NAYS:
Mrs. Johnson, Mr. Flora
Mr. Dodson, Mr. Hilton, Mr. Seibel
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lIN RE: PROCLAMATION - MUSIC IN OUR SCHOOLS DAY
I Supervisor Seibel moved that the Chairman be authorized to issue a
Iproclamation on behalf of the Roanoke County Board of Supervisors regarding
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iMusic In Our Schools Day.
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IIN RE: MOBILE HOME PERMITS
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I There was no motion to adopt the prepared Notices of Intention regarding
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Imobile home permits.
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IN RE: APPOINTMENT - ROANOKE COUNTY PLANNING COMMISSION
Supervisor Seibel moved that Mr. M. E. Maxey be reappointed to serve as
the Vinton Magisterial District representative on the Roanoke County Planning
Commission for a term of four years effective January 1, 1975 and expiring on
IJanuary 1, 1979.
The motion was adopted by the unanimous voice vote of the Board.
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IN RE:
APPOINTMENT - ROANOKE VALLEY REGIONAL HEALTH
SERVICES PLANNING COUNCIL, INC.
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I the Board
I Counci 1,
Supervisor Dodson moved that Supervisor Seibel be appointed to serve on
of Directors of the Roanoke Valley Regional Health Services Planning
Inc. for a term of three years ending on January 28, 1978.
The motion was adopted by the unanimous voice vote of the Board.
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134
IN RE:
RESOLUTION NO. 1193 RELATING TO R. E. HILTON, JR.,
CHAIRMAN OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY FOR THE CALENDAR YEAR 1974
WHEREAS, R. E. Hilton, Mr. was, on January 2, 1974, elected by the Board
of Supervisors of Roanoke County to serve a one-year term as Chairman of the Board
WHEREAS, Mr. Hilton, throughout his term of office, displayed outstanding
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of Supervisors, which term expired on December 31, 1974; and
leadership in his capacity as Chairman of the Board of Supervisors and discharged
his duties and responsibilities with great ability and energy; and
WHEREAS, Mr. Hilton did exhibit in his capacity as Chairman the highest
quality of public service and did throughout his term of office express what he
felt to be in the best interests of the people whom he served.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County that said Board doth hereby recognize and commend R. E. Hilton, Jr. for the
dedicated, energetic and devoted service he rendered to Roanoke County during his
term as Chairman of the Board of Supervisors of Roanoke County for the calendar
year 1974, and the Board further congratulates Mr. Hilton upon the manner in which
he carried out his duties as Chairman of the Board of Supervisors.
On motion of Supervisor Johnson and adopted by the following recorded
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vote:
AYES: Mr. Dodson, Mr. Hilton, Mrs. Johnson, Mr. Seibel, Mr. Flora
NAYS: None
Chairman Flora presented to Supervisor Hilton an engraved gavel with
the appropriate comments.
At 9:35 p.m., Supervisor Hilton moved that the Board go into Executive
Session to discuss a matter involving personnel.
The motion was adopted by the unanimous voice vote of the Board.
At 10:10 p.m., the Supervisors returned to the Civic Center and on the
motion of Supervisor Dodson and the unanimous voice vote of the members, the Board
reconvened in open session.
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for the past several years, participated as a member of the Regional I
CATV Committee, the function of which Committee was to make a recom- I
IN RE:
ADOPTION OF ORDINANCE NO. 1178 GRANTING A FRANCHISE
FOR A CATV SYSTEM IN ROANOKE COUNTY.
WHEREAS, the Board of Supervisors of Roanoke County has,
mendation concerning the award of franchises for a regional cable
television system incorporating the City of Roanoke, the Town of
Vinton and a portion of Roanoke County; and
WHEREAS, said Committee developed a set of specifications
upon which said franchises could be awarded and referred the matters
to the respective jurisdictions, which jurisdictions took all neces-
sary legal steps in order to secure proposals for franchises for
said jurisdictions; and
WHEREAS, proposals were received by said jurisdictions on
August 28, 1974, and were referred to the Regional CATV Committee
and its consultants for report and recommendation; and
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WHEREAS, the Regional CATV Committee has recommended the
award of the franchise as hereinafter set out and the Board of
Supervisors of Roanoke County has advertised in accordance with the
provisions of law the proposed adoption of the Ordinance as follows:
AN ORDINANCE granting to Roanoke Valley Cablevision, Inc.
the right, for the term and upon the conditions herein stated, to
use the streets, alleys and public ways upon obtaining all necessary
approvals from all individuals and regulatory agencies to erect,
construct, operate and maintain a community antenna television
(hereinafter cable television or CATV) system and to construct,
install and maintain, upon obtaining all necessary approvals from
all regulatory agencies and individuals, poles, wires, conduits
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and appurtenances necessary to the sale and distribution of CATV
services in and along the streets, alleys and other public ways in
Roanoke County, Virginia; establishing conditions controlling the
exercise of said franchise and the sale and distribution of CATV
services; and regulating the manner of using the streets, alleys
and public ways.
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BE IT ORDAINED by the Board of Supervisors of Roanoke
County as follows:
Section 1. Definitions.
As used herein, the following words and phrases shall have
the following meanings, unless a contrary intent appears from the
context of the provision wherein used:
a. "County" or "the County" means Roanoke County, Virginia
b. "Board" or "the Board" means the Board of Supervisors
of Roanoke County, Virginia.
c. "Grantee" or "the grantee" means Roanoke Valley
Cablevision, Inc.
d. "Street" or "the street" means the streets, alleys,
avenues, highways and/or other public ways in Roanoke County.
e. "In the streets" shall be construed and understood to
include "under, along or over the streets", when the physical situa-
tion so applies.
f. "Service" 1S used in this ordinance in its broadest and
most inclusive sense and includes not only the uses and benefits
afforded to subscribers, but also any product or commodity furnished
by the grantee and equipment, apparatus, appliances and facilities
devoted to the purposes in which the grantee is engaged and to the
use and accomodation of the public.
g. "County Engineer" means the County Engineer of Roanoke
County or such other officer of official of the County government,
or other person, charged by the Board with responsibility and
authority over the public streets and public property in the County,
regardless of the title then assigned such person.
h. "Community antenna television (or cable television or
CATV) system" shall mean any facility which is operated to perform
for hire, either in whole or in part, the service of receiving,
amplifying, modifying or originating television, radio or other
electrical signals for the purpose of transmitting or distributing
such signals by wire, cable or other means to subscribing members
of the public, except that such definition shall not include (1) any
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system which serves fewer than fifty subscribers, or (2) any system
which serves only the residents of one or more contiguous apartment
dwellings under common ownership, control or management, and
commercial establishments located on the premises of such dwellings
as such system is defined by the Federal Communications Commission.
i. "Federal Communications Commission" or "FCC" shall
mean that agency of the Federal government which has jurisdiction
over the regulation of CATV systems.
j. "Gross Subscriber Revenues" shall mean the Grantee's
annual gross revenues derived from cable television operations in
the County or as this term may subsequently be defined by the FCC.
k. "Subscriber" shall mean any person or entity receiving
for any purpose the cable television service of the Grantee herein.
1. "Application" shall mean the proposal and application
of the Grantee for the rights granted hereunder filed with the
County.
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m. "Basic Service" shall mean the simultaneous delivery
by the company to television receivers (or any other suitable type
of audio-video communication receivers), of all subscribers and to
all locations in the County, of all signals of over-the-air
television broadcasts required to be carried on the Roanoke cable
television system by the FCC; the Company Channel (s); the Government
Channel(s) except those which may be designated for special purposes
by the Board or its authorized representative; the Educational
Channel(s); the Public Access Channel(s); those Leased Channels
for which the lessee intends distribution of his programming to all
subscribers; and any additional services at the option of the Company
however, payor subscription television as defined by the FCC, shall
not be considered part of the basic service.
n. "Government Access Channel" shall mean the channel or
channels which shall be maintained for use by Roanoke County and
other Roanoke Valley government agencies, as may be defined from
time to time by the Board.
o. "Educational Channel" shall mean the channel or channel
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which are exclusively allocated for the carriage of educational
programs under the direction of the Roanoke Valley Cable Television
Committee of Education Interests.
p. "Public Access Channel" shall mean the channel or
channels which are exclusively allocated for free, dedicated, non-
commercial, and non-discriminatory use by the public on a first-come,
first-served basis.
q. "Lease Channel" shall mean the channel or channels
which are reserved for carriage of program material provided by
persons who lease channel time and, if necessary, studio facilities
and/or equipment from the Grantee for the presentation of programs.
r. "Street Mile" shall mean one linear mile measured over
consecutive streets within the County boundaries.
s. "Housing Unit" shall mean any house or apartment which
is occupied or intended for occupancy as permanent living quarters.
t. "Roanoke Valley" or "Valley" shall mean the total area
within the corporate limits of the City of Roanoke, Roanoke County
and the Town of vinton.
u. "Cordon line" shall mean the boundary for the physical
area within the County described as follows:
1. Southeast on the Roanoke-Botetourt County line
from the southern most bank of the Carvin Cove Reservior to the Blue
Ridge Parkway;
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2. South on the Blue Ridge Parkway from the Roanoke-
Botetourt County line to Route 679;
3. Route 679 from the Blue Ridge Parkway to Route
904;
4. Route 904 from Route 679 to Route 613;
5. Route 613 from Route 904 to Route 897; I
6. Route 897 from Route 613 to Route 221;
7 . Route 221 from Route 613 to Route 745;
8. Route 745 from Route 221 to Route 690;
9. Route 690 from Route 745 to Route 6898;
10. Route 6898 from Route 690 to Route 692;
II. An imaginary, straight northwest line from the
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intersection of Routes 692 and 689 to the beginning of Route 774;
12. Route 774 from its beginning to Route 638;
13. Route 638 from Route 774 to Route 639;
14. Route 639 from Route 638 to the Roanoke River;
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15. West on the Roanoke River from Route 639 to
Route 646W;
16. Route 646W from the Roanoke River to Route 612;
17. Route 612 from Route 646W to Route 460-11;
18. An imaginary, straight northwest line from the
intersection of Route 646 and Route 460-11 to the beginning of
Route 777;
19. An imaginary, straight northeast line from the
beginning of Route 777 to the intersection of Big Bear Rock Branch
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and the southernmost Appalachian Power Company power lines;
20. East on the power lines (and generally parallelin4
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Interstate Route 81) from Big Bear Rock Branch to Route 1404: I
21. Route 1404 from the power line to Horse Pen I
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Branch; I
22. Horse Pen Branch from Route 1404 to west end of
Carvin Cove Reservior;
23. East on the southernmost bank of Carvin Cove
Reservior to Roanoke-Botetourt County line.
Note: All descriptions are related to the Roanoke County
General Highway Map prepared by the Virginia Department of Highways
and correct to January 1, 1973.
(Scale 1" = 2 miles).
v. "Average density" or "density" shall mean the ratio
of (1) the total number of housing units to be passed by the system
extension, to (2) the number of street miles of system required for
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such extension.
w. "County Administrator" shall mean the County Adminis-
trator of Roanoke County or upon the effective date of any change
in the form of government in Roanoke County, the person having
administrative and executive authority in Roanoke County.
x. "Roanoke Valley Cable Television Committee of Educationl
IInterests" or "CEI" shall mean that committee which is responsible I
for the review of programming, time allocations and other aspects I
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of the operation of the educational channel(s) as defined under
Section 26.
Section 2. Grant of Authority.
Subject to the provisions, conditions and restrictions set
forth in this ordinance or herein referred to, there is hereby
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granted to Roanoke Valley Cablevision, Inc., Grantee,for a period
of fifteen (15) years commencing upon such dates as the Grantee shall
have obtained from the FCC a license or permit to construct and
opearte a CATV system in the County, provided such license or permit
be obtained by the Grantee within twenty-four (24) months next
following the final passage of this ordinance, the right to use the
streets of the County, upon obtaining all necessary approvals from
all regulatory agencies and individuals having an interest in the
streets, alleys and public ways, to operate and maintain a CATV
system within the boundaries of the County, and, for these purposes,
to construct, erect, maintain and use, upon obtaining all the afore-
said necessary approvals, its poles, towers, wires, conduits, cables,
subways and appliances, including necessary manholes, in, under,
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across, over and along the streets within the boundaries of the
County as said boundaries now exist or may hereafter be extended or
altered.
Upon expiration of the term for which this franchise lS
granted, the County may renew the franchise for an additional
fifteen year term provided that the Grantee shall be deemed by the
Board of Supervisors to have rendered satisfactory service under
this franchise and provided, further, that the Board of Supervisors,
has complied with the provisions of Article 2, Chapter 9, Title
15.1 of the 1950 Code of Virginia, as amended, and shall find; after
due advertisement and public hearing affording all persons an
opportunity to be heard on the matter, that such renewal would be
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in the public interest.
Upon the expiration of the term for which this franchise
is granted, or upon expiration of any renewal or extension of the
original term hereof, or upon termination for cause as provided
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for herein, the Grantee shall, at its own expense, remove all wires,
cables, amplifiers, towers, poles and other parts of its CATV
system from all streets, public and private ways within the County
and, should the Grantee refuse or fail to fully comply with this
provision, the County shall have the right to have such CATV system
or parts thereof removed at a cost to be borne by the Grantee and
the County shall not be liable to the Grantee for any damages result-
ing therefrom.
Section 3. Territorial Area Involved.
The franchise relates to the present territorial boundaries
of the County, and to any area henceforth added to the territoral
boundaries of the County during the term of this franchise.
Section 4. Construction and System Extension.
within thirty days (30) of the effective date of the
ordinance granting this franchise, the Grantee shall diligently
commence all efforts to obtain all necessary certificates, licenses,
permits, and agreements which are required to construct and operate
a CATV system in the County. Within ninety days (90) of receipt
of such certificates, licenses, permits and agreements, the Grantee
shall commence construction of the CATV system. Thereafter, con-
struction shall proceed at such rate so as to make service avail-
able at the earliest possible time to all members of the public
residing within the Cordon line and desiring such service.
a. The Grantee shall construct and make operational the
CATV system in accordance with the following schedule, as submitted
by the Grantee in his bid for award of a franchise and which is
made part of this franchise.
1. Within twelve months (12) following commencement
of construction, the Grantee shall have constructed and made opera-
tional within the Cordon line, a CATV system of at least 53 street
miles in length, such system to make service available to at
least 5,400 housing units.
2. Within twenty-four (24) months following commence-
ment of construction, the Grantee shall have constructed and made
operational within the Cordon line, a CATV system of at least 117
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street miles in length, such system to make service available to at
least 11,700 housing units.
3. Within thirty-six months (36) following commence-
ment of construction, the Grantee shall have constructed and made
operational within the Cordon line, a CATV system of at least 180
street miles in length, such system to make service available to at
least 18,000 housing units.
4. Within forty-eight months (48) following commence-
ment of construction, the Grantee shall have completed construction
and shall have made the system fully operational so as torr.ake service
available to every housing unit within the Cordon line.
For each day of delay of this construction schedule the
Grantee shall be obligated to the County in liquidated damages in
the amount of $250.00 per day. However, the Grantee shall not be
responsible for any failure to meet all or any part of the construc-
tion schedule deadlines under this agreement due to federal, state
or local action, statute, ordinance, or regulation, strike or other
labor trouble, act of God, riot or other civil disturbance, inability
to secure materials or supplies, or, without limiting the foregoing,
by any other cause, contingency, or circumstance not subject to its
control which prevents or hinders the construction of the CATV
system described herein. If construction is delayed or prevented by
any of the circumstances set forth hereinabove, the Grantee shall be
absolved from liability upon a sufficient showing of same. Upon a
finding by the County after an appropriate public proceeding afford-
ing due process of law, that the Grantee is more than six calendar
months behind construction schedule due to causes or circumstances
which are within the Grantee's control, the County shall be entitled
to revoke the permit.
The Grantee shall notify the County in writing of the date
on which construction commences, at least fifteen days (15) prior
to such date. Thereafter, the Grantee shall file quarterly reports
with the Board, within thirty days (30) after the end of each
calendar quarter, informing the Board of the Grantee's constructio
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progress in the County. Such reports shall state the number of mile
of system which have been constructed and made operational in the
County during the preceding quarter, the total number of subscribers
connected to the system at the end of said preceding quarter, the
number of miles to be constructed and made operational during the
current quarter and any delays which the Grantee is aware of which
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could prevent the completion of the system within the allotted
period.
b. System extension within the Cordon line:
Thereafter, the Grantee shall extend the CATV system and
make service available to all new dwelling units within the Cordon
line, within six months (6) of the date on which such dwelling units
may become occupied; provided however, that the Grantee may seek
relief of the Board from this requirement upon a showing that a
specific extension would not be economically or technically
feasible.
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c. System extension outside Cordon line:
After construction of the Grantee's CATV system, as
provided for above, or earlier if so desired by Grantee, the CATV
system shall be extended to all areas in the County which have or
shall subsequently have an average density of sixty (60) or more
housing units per street mile; provided, however, that the Grantee
may seek relief of the Board from this requirement upon a showing
that a specific extension would not be economically or technically
feasible; and provided, further, that the Grantee may at any time
extend service to any part of the County, regardless of density,
subject to the terms and conditions of this franchise.
Section 5. Service Standards and Capacity.
The Grantee agrees to provide and maintain, at all times,
its entire plant, system and equipment, including customer equipment,
in such condition that it will furnish safe, adequate, efficient
and continuous CATV service to and for the citizens of and customers
in the County.
The Grantee shall ensure that the CATV system as construed
meets or exceeds those standards described within Subpart K of Part
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76 of the FCC's Rules and Regulations including those sections per-
taining to performance tests, technical standards, measurements, and
interference.
Any modification or amendment of such rules as may take
place from time to time and during the duration of this ordinance
shall be incorporated herein by reference.
The system, as installed, shall:
a. Be capable of transmitting at least twenty (20)
channels, passing the entire VHF and FM spectrum, and it shall have
the further capability of converting UHF for distribution to sub-
scribers.
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b. Be capable of transmitting Class I channels as defined
by the FCC rules.
c. Be capable of passing standard color TV signals with-
out the introduction of material degradation of color fidelity and
intelligence.
d. Be capable of transmitting Class II channels (as
defined by the FCC), with the same quality as Class I channels.
e. Provide for experimentation with respect to Class IV
channels (as defined by the FCC), and shall implement such new
services as may be deemed technically and economically feasible
at the earliest possible time.
Except as may be otherwise provided for herein, the cable
television system electronic equipment, studios and the construc-
tion of cable television distribution system shall conform in all
respects with the standards and specifications set forth in the
application of the Grantee for the rights granted under this
Ordinance said application being on file with the County.
Section 6. Interconnection.
a. In accepting this franchise, the Grantee acknowledges
and accepts the requirements wherein the Grantee will fully inter-
connect the CATV system construed and operated within the County
with the system to be constructed and operated in the City of
Roanoke and the Town of vinton. Such interconnection is to be
achieved so as to provide identical service to all subscribers,
irrespective of their location within the City, County or Town,
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under identical terms and conditions and charges, unless such require-
ment is specifically waived by the respective governing bodies of
the City, County and Town. However, it is understood that programs
which would be of interest only to the residents of one of the
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communities need not be distributed to the other communities.
b. It is further agreed that the Grantee's system shall
be capable of interconnection with other CATV systems throughout
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statewide general educational telecommunications network or networks;!
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provided, however, that the Grantee shall not be required to pay the I
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the Commonwealth of Virginia for the purpose of developing a
cost of interconnecting its CATV system for this purpose, with
systems in other political subdivisions.
Section 7.
Construction Standards.
The County may require that construction plans be
approved in advance by the County Engineer. In addition, all
construction shall meet or exceed the minimum standards set forth
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in the following paragraphs:
a. All electrical wiring shall comply with the National
Electrical Safety Code.
b. All towers shall be constructed to comply with the
Electronic Industries Association RS-222-A and the Federal Aviation
Administration's (hereinafter FAA) Regulations 14C.F.R.77.1. All
towers shall be lighted and marked according to FAA Regulations
47 C.F.R.77.1. In addition, antennas shall be able to withstand
without encountering physical damage, wind and ice loading equi-
valent to that specified in RS-222-A.
c. All working conditions, practices and equipment shall
comply with those standards set forth by the Occupational Safety
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and Health Administration and with all County construction ordinances.
d. All underground plant which is required to pass in or
under the public rights of way including, but not limited to,
easements, alleys, sidewalks, and streets, shall be housed in
conduit of not less than two (2) inches in diameter. All under-
ground cable installed in conduits or ducts shall be of the poly-
ethylene jacketed type or an equivalent direct burial type.
Conduit is not required for house drops; a direct burial
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type of house drop cable shall be used in these applications.
e. All electronic equipment, cable plant, and cable con-
nections and splices shall be protected from damage, degradation or
outages caused by corrosion or normal weather conditions and shall
Section 8. Use of Streets.
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be readily accessible for repairs or inspection.
a. General Control and Locations of Lines and Conduit.
The Grantee, in any opening it shall make in the streets in the Count ,
shall be subject to the provisions of this franchise and to all appli
cable streets, ordinances and regulations of the County or of the
Commonwealth of Virginia or any of its departments or agencies.
In constructing its CATV system, the Grantee shall utilize
existing poles, conduits and other wireholding facilities to the
extent possible, and shall not construct or install any additional
poles, conduits or other wireholding facilities without first ob-
taining written permission to do so from the County Engineer and the
All poles erected by the Grantee shall be neat and symme-
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Virginia Department of Highways.
trical and shall be so located as to in no way interfere with the
safety or convenience of persons traveling on or over the streets
and public places. The County reserves the right by resolution of
the Board or otherwise through proper representatives of the County
to further or specifically designate the locations of any poles,
towers, lines, cable or conduit, with reference to other governmental
facilities such as sewer and water mains, signal poles and lines,
drainage facilities and other services, or to other facilities such
as gas lines, public electric utilities and railway message, signal
or power lines in such a manner as to promote the public safety
and to protect public property. Failure by the County to so designat
shall not relieve the Grantee of responsibility in matters of public
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safety as hereinabove specified. The Grantee shall construct and
locate poles, lines and conduits so as not to interfere with the
construction, location and maintenance of sewer or water service
lines or mains. Any designation of location required or authorized
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herein shall be accomplished by the County so as not to unnecessarily
delay the Grantee in any of its operations. The County or the Virgin a
Department of Highways may restrict the location of service lines,
appurtenances or facilities of the Grantee from parkways or parkway
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drives wherein such would conflict with appearance standards or may
require, as an alternate thereto, the construction wholly or in part
of underground conduit, appurtenances or facilities.
b. Restricted Overhead Area. Within those sections or
areas of the County as may be designated now or from time to time for
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underground construction, all of the Grantee's cable lines and cable
facilities shall be constructed and maintained underground, provided
however, that where poles and overhead lines and cables exist in the
aforesaid section or areas at the time of the award of this franchise
Grantee shall be allowed to construct and maintain overhead facilitie~
in such areas but, provided further, that should any and all
replacements or reconstruction or renewal of such existing overhead
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facilities in said areas be relocated, replaced or reconstructed
underground, Grantee's facilities will also be so relocated.
alleys, highways or other public places of the said County, or any
part thereof, its poles, wires, cables and other appurtenances, and
safe and suitable conduits.
c. Disturbance of Streets - Restoration.
1. The Board or the Virginia Department of Highways may
require that written permits, in any or all cases, be obtained by the
Grantee from the County Engineer or the Virginia Department of
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Highways before and whenever it becomes necessary for the Grantee to
excavate in the streets of the County in order to install, construct, I
extend or repair any of the CATV lines, poles, towers, or conduit or
services therein or thereon. Grantee shall also obtain all other
necessary permits from all other regulatory agencies and individuals
prior to initiating such work.
Such permits, if required, may be
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made applicable to any or all types of excavations, as prescribed by
the Board. Such permits, further, shall state the particular part or
point of the streets where said construction or excavation is to be
made and the length of time in which such permit shall authorize such
work to be done. Exception to requirement for permit may be permittee
in cases of emergencies involving public safety.
2. Immediately after poles, towers, conduits, cables, line~
or manholes are installed or repaired by the Grantee, the incidential
trenches or excavations shall be refilled by the Grantee in a manner
acceptable to the County Engineer and the Virginia Department of
Highways. Pavement, sidewalks, curbs, gutters or other portions of
streets or public places destroyed, disturbed or damaged by such work
shall be promptly restored and replaced with like materials to their
former condition by the Grantee at its own expense; however, where it
is necessary, and if permitted, In order to achieve former condition
the Grantee mayor shall use materials whose type, specifications or
quantities exceed or are different than those used in the original
construction or installation and the Grantee at its own expense shall
provide such different materials. Where a cut or disturbance is made
in a section of sidewalk paving, rather than replacing only the area
actually cut, the Grantee shall replace the full width of the
existing walk and the full length of the section or sections cut, a
section being defined as that area marked by expansion joints or
scoring. The Grantee shall maintain, repair and keep in good conditi<n,
for a period of one year following such disturbance, all portions of
streets distrubed by it or its agents, provided such maintenance and
repair shall be made necessary because of defective workmanship or
materials supplied by Grantee. The Grantee shall, in any street,
promptly remove or correct any obstruction or defect therein which
may have been caused by the Grantee or its agents in the installation
operation or maintenance of the Grantee's facilities. Any such
obstruction or defect which is not promptly removed, repaired or
corrected by the Grantee after proper notice so to do, given by the
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Highways, and the costs thereof shall be charged against the Grantee I
and may be enforced as a lien upon any of its properties or assets. I
f d ' t 'I' I' I
Expense 0 amage, relocatlon or replacement _Q County utl lty lnes, I
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sanitary sewers, storm sewers, and storm drains, where such expense
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results from construction or maintenance of the Grantee's lines or !
facilities, shall be borne by the Grantee and any expense incurred in
connection therewith by the County or the Virginia Department of
Highways shall be reimbursed by the Grantee.
3. The Grantee shall not open, disturb or obstruct, at any
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one time, any more of such public streets than may, in the opinion .
of the County Engineer or the Virginia Department of Highways, be I
reasonably necessary to enable it to proceed with advantage in laYingl
or repairing its lines or conduit. Neither shall the Grantee permit I
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obstructed for a longer period of time than shall, in the opinion of I
the County Engineer or the Virginia Department of Highways be I
In all cases where any street or public place I
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any such street, sidewalk, or public place, so opened, disturbed or
obstructed by it in the installation, construction or reapir of its
lines or conduit, to remain open or the public way disturbed or
reasonably necessary.
shall be excavated, disturbed or obstructed by the Grantee, the
Grantee shall take all precautions necessary or proper for the pro-
tection of the public and shall maintain adequate warning signs,
barricades, signals and other devices necessary or proper to
adequately give notice, protection and warning to the public of the
existence of all actual conditions present.
4. Whenever the County or the Virginia Department of
Highways shall construct, widen, reconstruct, realign, pave or repave
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any street or public place, or shall change the grade or line of any
street or public place or shall construct or reconstruct any conduit,
water main, sewer or water connection, or other municipal works or
utility, it shall be the duty of the Grantee, when so requested by
the County or Virginia Department of Highways to promptly and with
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concerted cooperation with the County or the Virginia Department of
Highways and with any affected public utility or public service
company, change its lines, conduits, services and other property In
the streets or public places, and/or areas adjacent thereto, at its
own expense so as to conform to the new widening, location, alignment
or grade of such street or public place and so as not to interfere
with any such conduits, sewers and other mains as constructed or
reconstructed. Upon written notice by the County or the Virginia
Department of Highways of the intended work, above specified, Grantee
shall within a reasonable period of time accomplish its obligation In
accordance with and to conform to the plans of the County or the
Virginia Department of Highways for such construction, reconstruction
or improvements. However, the Grantee shall not be required by the
County or the Virginia Department of Highways to relocate CATV lines,
whether above or below the ground elevation, when the street or
public ground In which they are located is vacated for the con-
venience of abutting property owners and not as an incident to a
public improvement.
5. The Board may require that written permits, in any or
all cases, be obtained by the Grantee from the County Engineer before
and whenever it becomes necessary for the Grantee to install, con-
struct, extend or repair any CATV lines, poles, towers, or conduits
or services on, over or under any bridges or viaducts which are a
part of the street system of the County, provided, however, that
exception to the requirement of permit shall be provided In cases of
emergencies involving public safety. All provisions of this ordinance
shall be applicable to said installation, construction, extension or
repair on, over or under any such bridge or viaduct provided that the
factors of appearance and achievement and maintenance of structural
design requirements of the bridge or viaduct shall be assured.
d. Tree Trimming.
The Grantee shall have the right to remove, trim, cut and
keep clear of its poles, wires, cables and other appurtenances, the
trees in and along the County streets, but, in the exercise of such
right, the Grantee shall not cut or otherwise damage said trees to
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any greater extent than is reasonably necessary for the erection,
installation and maintenance of its CATV system. However, the Grante
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shall not remove, trim or cut said trees without first obtaining
written permission of the County so to do, given by the County Engin-l
eer and provided further that such right shall not extend to any tree~
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on private property throughout the County. I
e. All of the provisions contained in this section of the ,
ordinance shall be deemed to apply jointly to the County of Roanoke
and to the Commonwealth of Virginia. Permits and notification, when
required, shall be obtained and given to both the County and the
Virginia Department of Highways before proceeding with any work.
Section 9.
Service to Subscribers.
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The Grantee's CATV system shall provide programming to
scribers as set out in its proposal upon which this franchise 1S
awarded and which said proposal is incorporated herein by reference;
such service to include at least the following:
a. Local commercial channels 7, 10, 13 and 27 and
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educational channel 15.
b. Two distant independent stations.
c. Twenty-four hour news channel.
d. Twenty-four weather channel.
e. FM service, including all local FM stations.
f. A public access channel.
g. A local educational channel.
h. A local government access channel.
i. Such additional channels as may now or subsequently be
permitted and authorized under the rules and regulations of the FCC.
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Based upon findings of public need, which finding shall be
predicated upon usage of either the government, public, or educationa~
channel (s) for a period of 80 percent of the weekdays for 80 percentl
of any consecutive three-hour period for six weeks, the Grantee shall,
within a period not to exceed six months, make additional channel (s)
available for use which the public need has demonstrated. The
charges for such use shall be the minimum consistent with the rules
and regulations of the FCC.
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1-28-75
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Section 10. Rates.
The Grantee shall supply adequate and sufficient CATV
service to customers within the County at reasonable rates; such
rates shall not discriminate against any subscriber or potential sub-
scriber nor grant any special rate or discount to any subscriber or
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potential subscriber except as may be provided for herein or as may
subsequently be authorized by the Board. It is recognized that,
under the statutes of the Commonwealth of Virginia, the County is
vested with legal authority to establish fees and rates to be charged
by the Grantee to its customers. It shall also be recognized by both
the Grantee and the County that matters involving service and rate
charges and changes thereto are local in their application and effect
and that the County, through its Board, shall be acting within the
area of its authority and governmental responsibilities in making
inquiries, expressing interest, or adopting position in matters of
service and of rate charges or changes of the Grantee.
All rates and charges described herein (or as may subse-
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quently be approved as provided for above), shall be uniform with
respect to subscribers in the City of Roanoke, Roanoke County and the
Town of Vinton and no subscriber shall be made to pay any different
rate unless otherwise provided for herein or approved by the Board.
The initial rates to be charged by the Grantee shall not
exceed:
BASIC SERVICE
Residential Rates:
Installation Charges
First set
Each additional set
$15.00
7.50
Monthly Charges
First set
Each additional set
$ 6.00
1.25
Each set-top converter*
1.00
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*If required by system design of Grantee.
Miscellaneous Charges
Reconnect $10.00
Move to location with
existing outlet 10.00
Move connection within home 10.00
Home Antenna/CATV System Switch
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s
If installed at time of CATV commection
If installed at later date
the cost of
the cost of
labor& material
labor & materia s
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Commercial Rates:
(More than 4 units at one location) $10.00
Installation Charges
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Using existing master TV system
First set
Each additional set
$15.00
7.50
Where no existing master TV system
by negotiation with
building owner
Monthly Charges
Individual billing for each unit:
First set per unit
Each additional set per unit
Each set-top converter*
$ 6.00
1. 25
1. 00
Composite billing for all units:
First set per unit
Each additional set per unit
Each set-top converter
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The maximum rates stated above shall not be exceeded unlessl
such changes are authorized by the Board after a public hearing in I
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$ 4.50
1. 00
1.00
Miscellaneous Charges
Reconnect (per unit)
Move connection within unit
$10.00
10.00
*If required by system design of Grantee.
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which the Grantee and any interested parties may be heard.
Any
increase in rates shall be uniform in the County, City of Roanoke
and Town of Vinton.
Section 11. Reports, Maps and Plats.
The Grantee shall file annually with the county finance
officer or with such other official of the County as may be charged
with the control and keeping of accounts and financial records of thel
County, a report in writing, verified by affidavit of an official of
the Grantee, which shall contain and reflect an audit and financial
statement as pertains to the business operations of the Grantee in
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the County for the immediate preceding business year. The Grantee's
books and systems of accounts showing a breakdown of the gross
revenues derived by the Grantee from its CATV service in the City,
County and Town shall be made available at all reasonable times for
inspection and verification by a duly authorized officeror agent of
the County. The Grantee shall, upon written and reasonable request
at any time from the County Administrator or other official designate
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by the County Administrator, make available to the County Administra-
tor, or other designated official, maps, plats or plans or copies
thereof showing the location but not necessarily the use of any or al
of its poles, conduits, lines, cables and other structures located in
under and along the streets and public places of the County.
Section 12. Acquisition by County.
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Upon the expiration of this franchise and unless the same
be renewed or extended, Roanoke County shall have the right and
option to acquire the plant and, as well, the property of the Grantee
located in the streets, alleys and public ways and places of said
County, used for CATV purposes, at a fair and reasonable price there-
for.
In determining the value of the property which may be acquired
by said County; the said Grantee shall not be entitled to any payment
whatsoever by reason of the value of this franchise.
The fair value of the property which may be acquired by sai
County shall be ascertained and determined as follows: Not earlier
than eighteen months prior to the expiration of this franchise, but
not less than one year prior to the expiration of this franchise, the
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County may notify the Grantee of its intention to exercise its right
and option to acquire Grantee's plant and property as provided for
herein.
If, within sixty days following such notification, the
Grantee and the County are able to agree upon the purchase price,then
the plant and property of the Grantee shall be transferred to the
County upon payment of the agreed upon purchase price.
If, however,
the Grantee and the County are unable, within said sixty days to
agree upon a purchase price, then the amount to be paid by the Count
for such plant and property shall be determined by an Arbitration
Panel which shall consist of three members. One such member shall b
named by the County and one shall be named by the Grantee. The
third member shall be named by the County and the Grantee appointees,
acting jointly.
If they fail to agree as to the third member, eithe
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or both members shall apply to the American Arbitration Association,
who shall name the third member.
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1-28-75
Whereupon, said Arbitration Panel shall ascertain and
determine at the joint expense of the Grantee and the County, the
fair value of such of the property of said Grantee as the County has
a right to purchase hereunder. The County and the Grantee shall each
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be entitled to produce evidence and be represented by counsel. The I
finding and judgment of said Arbitration Panel as to such value shalll
be conclusive and binding upon the County and the Grantee. Unless ,
the County shall, within ninety days from the determination of such
value by said Arbitration Panel, tender payment to said Grantee for
said property ln accordance with the fair valuation thereof as so
determined, then the County's rights to acquire the Grantee's said
plant and property, or any part thereof, by reason of the provisions
in this section of this franchise, shall forever be extinquished and
barred.
Section 13. County Use of Grantee Facilities.
a. When so required by the County, Grantee shall provide
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suitable space equivalent to one crossarm on each pole erected and
equivalent to one duct in each of the conduits constructed, free of
charge and for the purpose of carrying wires of the telegraph,
telephone, alarm signal or radio system provided the said wires are
placed and maintained in such a manner as may be reasonably prescri-
bed by the Grantee, and in no case used to carry electric light or
high-tension currents. Whenever it becomes necessary for the Grantee
to move the County's said wires for the Grantee's own purposes, such
removal shall be at the cost of the Grantee and under supervision of
the County Administrator, or his designated agent, and such wires
shall be promptly replaced by the Grantee at its expense.
b. In case of any emergency or disaster, the Grantee shall
upon request of the County, make available its facilities to the
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County for emergency use at no cost to the County. The Grantee
further agrees to make available to the County during the period
of the emergency and without cost to the County such personnel as
may be required to operate the facilities whereby the County Admin-
istrator or his designated representative may communicate with the
citizens of the County.
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Section 14. Payments to the County.
The Grantee shall pay to the County (subject to the approva
of the FCC) five percent of the Grantee's gross subscriber revenues
(as currently or as may be subsequently defined by the FCC) from
cable television service or operations in the County.
Such payment
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is to be accompanied by an audited statement showing the Grantee's
revenues from services provided in the City, the County and the Town.
Such payments shall be in lieu of any license, occupation,
excise or gross receipts tax. However, nothing in this ordinance
shall be construed to prevent the County, hereafter and from time to
time, from levying any lawful tax on the real or tangible personal
property of the said Grantee in the County.
The fee shall be payable quarterly not later than thirty
days after the expiration date of the quarter for which payments are
due.
If Grantee fails or refuses to make such reports or pay such
fee, the County may maintain an action against the Grantee for the
amount of such fee and all expenses of collection same, including
reasonable attorney's fees.
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Section 15.
Safety Methods and Equipment.
The Grantee shall at all times employ a high standard of
care and shall install and maintain in use approved methods and
devices for preventing failures or accidents which are likely to caus
damages, injuries or nuisances to the public.
Section 16. New Developments.
Should, within the term of this franchise, developments in
the field of transmission or CATV services offer to the Grantee the
opportunity to more effectively, efficiently or economically serve
its customers through use of methods, materials or procedures not
prescribed or embraced by the terms of this franchise, then the
Grantee may petition the Board for review of this franchise in line
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with such developments.
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Section 17. Liability.
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a. Damage Claims. The Grantee binds itself by the accept-
ance of this ordinance to indemnify and hold Roanoke County free and
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harmless from all liability on account of injury or damage to persons,
or'properti~s, growing out of th~ construction, maintenance or opera-I
tion of any'of the Grantee's work, herein authorized, or due to the
neglect of said Grantee, or of any of its officers, agents or employ-
ees, or the failure of the Grantee to comply with any requirement
herein contained or with any ordin~nce relating to the use of the
streets of the County; and said Grantee hereby agrees that, in the
event any action or other proceeding shall be brought against said
County, either independently or jointly with said Grantee or others
on account thereof, the said Grantee, upon notice given to it by the
County, will defend the County in any such action or other proCeedingf
at the cost of the said Grantee, and ln the event of final judgment
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ity insurance policy written by a company authorized to do business
in the Commonwealth of Virginia, in a form satisfactory to the
County Attorney, which may be in the form of a certificate of such
insurance policy insuring the Grantee its officers, agents and
employees against liability ~or personal injury, death and property
damage, occasioned by the construction or operations of Grantee under
this franchise in the minimum amounts of:
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$ 500,000 for personal injury to anyone person;
$1,000,000 for personal injury in anyone occurrence; and
$ 250,000 for property damage for anyone occurrence.
The Board shall have the right to require the aforesaid
policy to be so written or endorsed so as to provide that Roanoke
County may be named as an additional insured under the aforesaid
general comprehensive liability insurance policy.
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1-28-75
b. Performance Bond. Before proceeding to act under this
franchise and within thirty days following passage of the ordinance
granting said franchise, Grantee shall execute a bond, in the penalty
of Fifty Thousand Dollars, ($50,000), with good and sufficient surety
ade payable to Roanoke County, conditioned upon the construction and
putting into operation and maintaining in good order the plant provid d
for in this franchise when and as authorized so to do by higher
licensing or regulatory authorities for the furnishing of efficient
CATV services in the County at reasonable rates, and the compliance
by the Grantee with the terms, provisions and conditions of this
ordinance and of the franchise hereingranted;the penalty of said
bond not, however, to be deemed or construed to limit the amount of
any recovery by the County from the Grantee of any actual loss or
damage otherwise recoverable by the provisions of this ordinance.
Section 18. Restoration of Impaired Service.
In the event of any interruption or impairment of service b
reason of force, nature, act of God, strike, breakdown, accident or
other happenings be~ond the control of Grantee, the Grantee shall use
every rea~6nable effort and prompt diligence to restore such service
with as little interruption as possible and, in all events, within a
reasonable time, and such interruption or failure for said reasons
shall not constitute a breach of this franchise.
Section 19. Maintenance and Customer Service.
The Grantee shall maintain a business office and service
facilities within the Roanoke Valley. All subscribers shall be
informed of the telephone numbers and location(s) of such offices
and facilities so as to make possible the filing of inquiries and
service complaints as easily as possible. A listed full-time
telephone service number shall be maintained.
The Grantee shall employ sufficient persons to provide
prompt response to all inquiries and complaints. Subscriber service
complaints shall be satisfied within twenty-four hours after receipt,
except in the event of disaster or other emergency conditions. The
Grantee shall maintain records of all service complaints and make
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such records available to the Board within twenty-four hours of the
was received; the nature of the complaint, the resolution of the
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resolved within five working days following the Grantee's receipt of 'I
same, the Grantee shall file a notice of such complaint with the
County Administrator indicating the name and address of the com- !
plainant, the date and time at which the complaint was received, the !
nature of the complaint and the reason for the failure to resolve thel
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Board's request for same.
Such records shall include the name and
address of the subscribed, the date and time at which the complaint
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complaint and the date of such resolution.
In the event that a service complaint shall not have been
complaint.
Section 20.
County's Regulatory Program.
Consistent with the rules and regulations of the FCC, the
County herein establishes its regulatory program to oversee the
construction and service proposals of the Grantee and the provisions
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of this ordinance. The County's regulatory program shall be under th~
directic of the County Administrator or such other individual or I
agencies as the Board may deem appropriate or necessary. The regula-!
tory program shall include, but not be limited to such matters as: I
a. Review of Grantee's efforts to obtain all certificates,1
,
permit and agreements as provided for herein.
b. Approval of Grantee's proposed construction as provided
for herein.
c. Review of Grantee's annual reports as filed with the
FCC and as required herein.
d. Monitoring Grantee's service to determine compliance
with this Ordinance.
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e. Resolution of subscriber or potential subscriber
complaints which cannot be resolved between the Grantee and the
customer. Upon receipt of notice of such complaing as provided for
herein, the County Administrator shall have ten working days to
resolve the complaint.
If he is unable to do so, or if his proposed
solution is unsatisfactory to the Grantee and/or the customer, the
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1-28-75
County Administrator shall bring the issue to the attention of the
Board at the next scheduled Board meeting. At a time and place to be
set by the Board, the County Administrator, Grantee and complainant
shall be given an opportunity to be heard by the Board on the matter,
after which the Board shall reach a decision which shall be binding
upon all parties, subject to the parties' rights to judicial appeal.
Grantee, upon receipt of such notice, shall promptly take
such action as is necessary to provide service to subscribers, and to
maintain and operate the system as required herein. In the event
the Grantee fails unreasonable or without adequate justification
within fifteen working days immediately following receipt of such
decision to remedy such complaint or to provide efficient serVlce to
subscribers or to maintain and operate the system as required herein,
the County may after thirty days serve written notice to the Grantee
and after a public hearing thereon revoke the rights and privileges
granted by this ordinance to the Grantee.
f. Special engineering tests to verify the reliability or
quality of service. Such tests may be required by the Board when, in
the Board's judgment, there is evidence to suggest that Grantee's
service is not meeting the requirements of this ordinance. Said
tests and analysis shall be supervised by a registered professional
engineer, not on the permanent staff of the Grantee, and selected
jointly by the County and the Grantee. The aforesaid engineer shall
sign all records of special tests and forward to the County such
records of special tests and forward to the County such records with
a report interpreting the results of the test and recommending
actions to be taken by the County. The Grantee shall bear all costs
relating to such special engineering tests.
Section 21. Approval of Transfer.
The Grantee shall not at any time sell or transfer its
rights and privileges under this franchise and the cable television
system located in the County to any other person, firm or corporation
or surrender management control without the written approval of the
governing body. Such transfer shall not be approved until the
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assignee shall have agreed in writing with the County to become
responsible for the full performance of all the conditions, liabili-
ties, covenants and obligations contained in this franchise and until
it shall have been established to the reasonable satisfaction of the i
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Board that the proposed transferee possesses the financial and
technical ability and esperience sufficient to perform the duties,
obligations and responsibilities imposed upon the Grantee In this
franchise; provided such approval by the County shall not be
unreasonably withheld. The word "control" as used herein includes
actual working control in whatever manner exercised.
Nothing in this Section shall be deemed to prohibit a
mortgage or pledge of the franchise or of the system, or any part
thereof, solely for financing purposes provided written consent is
however, that any sale or other disposition of controlling interest
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in stock shall be held subject to prior approval of the County as
hereinabove provided.
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Upon any judicial sale of all or a substantial part of the I
system, or upon notification of the termination of any lease covernini
all or a substantial part of the system, the Grantee shall immediat-
ely notify the County Administrator of such fact, and such notifica-
tion shall be treated as a notification that a change in control of
the Company has taken place, and the provisions of this Section
governing the consent of the County to such change in control of the
Company, shall apply upon the happening of such event.
Section 22. Revocation.
The County shall have the right at any time, upon notice
to the Grantee, to revoke any and all rights granted hereunder, for
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just cause or failure to comply with the terms of this ordinance.
Such notice shall be In writing and shall be given to the Grantee at
its principal office in the Roanoke Valley, by certified or register d
ma i 1.
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1-28-75
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The County shall have the right to cancel this franchise
one hundred and twenty days after the appointment of a receiver, or
trustee of the Grantee, unless such receivership or trusteeship shall
have been vacated prior to the expiration of said one hundred and
twenty days, or unless:
1. Within one hundred and twenty days after his
appointment, such receiver or trustee shall have
fully complied with all the provisions of this
ordinance and remedied all defaults thereunder; or,
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2. Such receiver or trustee, within said one hundred
and twenty days shall have executed an agreement
duly approved by the court having jurisdiction in
the premises, whereby such receiver or trustee
assumes and agrees to be bound by each and every
provision of this ordinance.
Section 23. Non-Exclusive Franchise.
The rights herein granted the Grantee to construct, maintai
or operate its CATV system in the County, or to perform any other act
or exercise any other privilege granted or provided for in this
franchise shall not be construed as exclusive or as preventing the
County from granting to any other person, firm or corporation the samE
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or similar franchise rights and privileges, to be exercised in and
upon its streets and such of the same and parts thereof as the County
may deem best or choose to allow, permit, give or grant.
Section 24. Lien of County.
All debts, penalties, or forfeitures accruing to the
County under the terms of this ordinance shall constitute a lien
upon the property and franchise of the said Grantee within the County
subject, however, to then-existing prior liens.
Section 25. Jurisdiction of Governmental Regulatory
Commissions. If any provision of this franchise is in conflict with
any lawful rule of the Federal Communications Commission or of the
State Corporation Commission of Virginia or of the Virginia Public
constituted body or commission legally authorized to prescribe rules
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Telecommunication Council, now in effect, or of any other duly
governing the conduct of the Grantee within the County, so that the
Grantee cannot reasonably comply with both the provisions of this
ordinance and the rule of such commission or body, then the Grantee
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shall comply with such specific rule instead of the conflicting
specific and individual provision of this ordinance, but the Grantee
shall comply with each and all of the provisions of this franchise
where such can be done without violating valid statutes or rules of
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the said commission or body.
Section 26. Virginia Public Telecommunications Council.
The Grantee shall comply with all requirements of the
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Virginia Public Telecommunications Council (referred to as Tele-
communications Councilor VPTC), particularly those requirements
established in the Master State Plan for Public Telecommunications
adopted, and amended from time to time, by the Telecommunications
Council.
a. Committee of Education Interests.
1. In accordance with the requirements of the Virginia
Master State Plan for Public Telecommunications, there is hereby
Cable Television Committee of Education Interests (CEI).
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2. The purpose of the committee shall be to review the
programming, time allocations and other aspects of the operation of
the education access channel required by Section 76.251(a) (5) of the
FCC regulations and to report any findings and recommendations to
the Board and the Grantee on a regular basis. The committee shall
have no power of censorship over such channel, provided, however,
that the Committee shall adopt such procedures as to insure that the
use of the channel(s) is not dominated by one or more educational
institutions.
3. The CEI shall consist of nine (9) members, one of whom
shall be an official of the Public Telecommunications entity respon-
sible for the Roanoke Valley. One other representative shall be
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drawn from each of the following:
Roanoke City Public School System
Roanoke County Public School System
Virginia State Department of Community Colleges
Virginia State Council for Higher Education
A Roanoke Valley non-sectorian private school
Roanoke County at large
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Roanoke City at large
Town of Vinton at large
Three of the members, as determined by lot among the appointees, shal
serve an initial term of one year. Otherwise, the term of service
shall be two years. At large members shall be appointed by the gov-
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erning body of their respective jursidictionsi all other appointments
and all other vacancies shall be filled by agreement among the City,
County and Town, vacancies to be filled for the unexpired portion of
a term.
The committee shall elect one of its members as chairman.
The names of all appointees shall be submitted by the Secretary of
the committee to the Telecommunications Council for review.
4. All members of the committee shall be entitled to vote
and the decisions of the committee shall be determined by a majority
vote of the members present. A quorum of the members present is
required before the committee may take official action. Any member
may designate an authorized representative to participate in all
respects as a member of the committee in his place. All meetings of
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the committee shall be open to the public. Notice of any meeting
shall be given to the Telecommunications Council and to the general
public at least ten days prior to such meeting.
b. The Grantee's system shall provide for a "Commonwealth
Access Channel" which will be made available for lease by the
Virginia Public Telecommunications Council at the prevailing hourly
rate on a strict basis of actual transmission use.
1. This "Commonwealth Access Channel" shall be receivable
throughout the CATV system and shall not require converters at sub-
scriber's receivers unless the converters are invariably provided as
a part of the CATV service to the general public.
2. Scheduled use of the "Commonwealth Access Channel" by
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the Virginia Public Telecommunications Council may be intermittent
or continuous. Where the VPTC's scheduled use is intermittent, the
CATV system may make other (leased or free) usage of the channel
providing the VPTC may order up its use for Commonwealth-related
programs on 24-hour notice.
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Section 27.
General Ordinances of the County.
The rights and privileges herein granted are expressly
subject to the conditions, limitations, and provisions contained in
the general ordinances of the County in force relative to the use of
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streets or public places of said County, so far as they may be
applicable to the rights and privileges herein granted, and to any
and all ordinances which may be hereafter passed by the County
applicable thereto in the exercise of the police power or any other
power vested in said County for the regulation of persons, firms or
corporations using the streets of the County; and the County expresslv
reserves the right to pass all such reasonable ordinances for the
regulation of the use of the streets and public ways and places, and
for the exercise of the rights and privileges herein granted.
Section 28. Prohibition of Discriminatory or
Preferential Practices.
Except as herein provided, the Grantee shall not, ln its
rates, charges, service facilities, promotional campaigns, rules,
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regulations or in any other respect, make or grant preference or
advantages to any subscriber or other user or potential user of its
system, nor subject any person to any prejudice or disadvantage.
Section 29. Miscellaneous Provisions.
a. The Grantee shall have no recourse against the County
or its officials for any loss, cost, expenses or damage arising out
of any provisions or requirements of this ordinance or its enforce-
ments.
b. The Grantee shall not repair, maintain, sell or recom-
mend any television or radio receivers or equipment or recommend
radio and television repairmen. Any repair work done to subscriber
sets shall be performed by repairmen other than persons, directly or
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indirectly, employed by the Grantee. The Grantee is prohibited from
inducing subscribers to remove their presently installed television
c.
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Copies of all petitions, applications and communicationJ
the Grantee to the Federal Communications Commission, orl
antennas.
submitted by
any other federal or state regulatory commission or agency having
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Iljurisdiction in respect to any matters affecting cable television
operations authorized pursuant to this ordinance, shall also be sub-
mitted simultaneously to the County Administrator.
d. Every direction, notice or order to be glven or served
upon the Grantee shall be sent to its office located in the Roanoke
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Valley. Every notice to be served upon the County shall be delivered
or sent by certified mail or registered mail addressed to the County
Administrator. The delivery or mailing of such notice, direction or
order shall be equivalent to direct personal notice, direction or
order, and shall be deemed to have been given at the time of delivery
The Grantee shall notify the County Administrator of the address or
any change thereof of its office located in the County.
e. It is understood that should the FCC modify, change, or
alter any of its provisions as to franchise standards, such modifica-
tions, changes or alteration shall be incorporated into any permit
issued hereunder within one year of adoption by the FCC of the
modification change or alteration, or the time of permit renewal,
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whichever comes first.
f. The right is hereby reserved to the Board to adopt, ln
addition to the provisions contained herein and in existing appli-
cable ordinances, such additional regulations as it shall find
necessary ln the exercise of its police power, provided that such
regulations, by ordinances or otherwise, shall be reasonable.
Section 30. Advertisement for Bids.
a. This ordinance shall be published once a week for four
successive weeks in a newspaper of general circulation in the County.
There shall be advertised therewith an offer for bids on the part of
any party interested, which advertisement shall fix the date on which
bids shall be presented. All bids for franchises, rights and
privileges hereby granted shall be submitted in writing as required
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by lase, and shall include proposals to serve the City of Roanoke,
Roanoke County and the Town of Vinton through a single Roanoke Valley
system. Each bidder shall file with his bid a certified check to
be made payable Treasurer, County of Roanoke, in the amount of
$950.00 which shall be used to defray the costs associated with this
proceeding including the cost of advertising, consultants and any
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other direct cost. It is understood that in the event that the sum
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of all filing or bid fees received by the County is less than the
total cost incurred by the County, such difference shall be paid by
the Grantee upon acceptance of the franchise as provided for in
Sec-tion 32.
Section 31. Effective Date.
This ordinance shall be in force and effect from and after
thirty days from the date of its passage, provided that within such
time it shall have been accepted in the manner herein provided.
Section 32. Acceptance.
The Undersigned, Roanoke Valley Cablevision, Inc., hereby
accepts the grant and each and all of the provisions, conditions and,
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limitations of this ordinance of Roanoke County, adopted by the Board I
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of Supervisors of Roanoke County on the 28th day of January, 1975, an~
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hereby covenants and agrees that it will perform and discharge each
and all of the duties and obligations imposed upon it as Grantee in
and under said ordinance, and that it will be bound by each and all
of the terms, conditions and provisions therein contained.
IN WITNESS WHEREOF the said Roanoke Valley Cablevision,
Inc. has caused this written acceptance to be executed in its name
by its President or Vice President, thereunto duly authorized, and
its corporate seal to be hereunto duly affixed and attested by its
Secretary, thereunto duly authorized, on this 14th day of February,
1975:
ROANOKE VALLEY CABLEVISION, INC.
By /s/ T. D. Steele
Attest:
/s/ Secretary
ADOPTED: January 28, 1975
APPROVED: January 38, 1975
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other direct cost. It is understood that in the event that the sum
of all filing or bid fees received by the County is less than the
total cost incurred by the County, such difference shall be paid by
the Grantee upon acceptance of the franchise as provided for in
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Section 32.
Section 31. Effective Date.
This ordinance shall be in force and effect from and after
thirty days from the date of its passage, provided that within such
time it shall have been accepted in the manner herein provided.
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accepts the grant and each and all of the provisions, conditions and I
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limitations of this ordinance of Roanoke County, adopted by the Board I
of Supervisors of Roanoke County on the 28th day of January, 1975, ant
,
hereby covenants and agrees that it will perform and discharge each I
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and all of the duties and obligations imposed upon it as Grantee in
Section 32.
Acceptance.
The Undersigned, Roanoke Valley Cablevision, Inc., hereby
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and under said ordinance, and that it will be bound by each and all
of the terms, conditions and provisions therein contained.
IN WITNESS WHEREOF the said Roanoke Valley Cablevision,
Inc. has caused this written acceptance to be executed in its name
by its President or Vice President, thereunto duly authorized, and
its corporate seal to be hereunto duly affixed and attested by its
Secretary, thereunto duly authorized, on this 14th day of February,
1975:
ROANOKE VALLEY CABLEVISION, INC.
By /s/ T. D. Steele
Attest:
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/s/ Secretary
ADOPTED: January 28, 1975
APPROVED: January 38, 1975
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I Term of Franchise Approved:
/s/ Richard C. Flora
Chairman
BOARD OF SUPERVISORS OF
ROANOKE COUNTY
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By /s/ Richard C. Flora
Chairman
Attest:
/s/ William F. Clark
Clerk
I, /s/ William F. Clark, Clerk of the Board of Supervisors
of Roanoke County, Virginia, hereby certify that the above and fore-
goingisatrue, accurate and complete copy of the ordinance granting
a franchise to Roanoke Valley Cablevision, Inc., duly enacted by said
Board on the 28th day of January, 1975 by a recorded affirmative vote
of a majority of all the members elected thereto; and I further
regulating the grant of franchise, et cetera, by counties for CATV
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certify that the requirements of the laws of the State of Virginia,
systems were duly complied with.
IN TESTIMONY WHEREOF, I have hereunto set my hand as Clerk
of the Board of Supervisors of the said Roanoke County, this 14th
day of February, 1975:
/s/ William F. Clark
Clerk
On motion of Supervisor Dodson and adopted by the
following recorded vote:
AYES:
Mr. Dodson, Mr. Hilton, Mrs. Johnson, Mr. Flora
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NAYS:
None
ABSTAINING:
Mr. Seibel
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IN RE:
HOUSE BILL NO. 1212 DEALING WITH
WATER AND SEWER AUTHORITIES
Supervisor Seibel moved that the County Administrator be directed to
write letters to the area legislators expressing the opposition of the Board of
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Supervisors to House Bill No. 1212 dated January 10, 1975, proposing the addition
of a Section No. 15.1-2146.2 to the Statute dealing specifically with Water and
Sewer Authorities.
The motion was adopted by the unanimous voice vote of the Board.
This concluded the business before the Board at this time, and on the
motion of Supervisor Hilton and the unanimous voice vote of the Board, the meeting
was adjourned at 10:10 p.m.
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CH RMAN
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