HomeMy WebLinkAbout06-30-641
1
E • •
t
Minutes of a special meeting of the Pulaski Town Council
held on the 30th day of June, 196h, at 4:00 P. M. in the Municipal,
Office.
There were present: Mayor C. V. Jackson, presiding.
Councilmen: W. A. Larson, Glen K. Aust, F. L. Carrico,
Billy B. Flint, C. B. Gallimore, T. J.
McCarthy
Absent: W. S. Cummings and Eugene L. Nuckols
Also present: Town Manager: T. B. Noland
Clerk: Gladys R. Dalton
Town Attorney• Garnett S. Moore
Visitors: H. H. Eggert
Midge Woodard, Southwest Times reporter
Paul Dellinger, Roanoke Times reporter
The invocation was given by Councilman Aust.
Mayor Jackson welcomed Mr. Eggert as a visitor as well as a
new member to the Town Council. Mr. Eggert's four year term of
office will begin September 1, 1961.
f
Minutes of the regular meeting of June 16th were approved,
as recorded.
Mayor Jackson then declared the meeting to be a public hearing
on the proposed budget for the fiscal year 1964-65, as had been
advertised in the Southwest Times, advising that Council would be
glad to hear any one who wished to oppose the adoption of the
ADOPT'? 6N, budget. There appeared to be no one who wished to oppose the
'
OF 29614�65 adoption of the budget and on motion of Councilman Flint,
BUDGET ? F'OR seconded by Councilman Larson, and carried on the following
'TCde1NOF PULASKI recorded vote, the budget was adopted as follows:
W. A.
Larson
- aye
Billy B. Flint
- aye
T. J.
McCarthy
- aye
C. B. Gallimore
- aye
Glen
K. Aust
- aye
W. S. Cummings
- absent
F. L.
Carrico
- aye
Eugene L.Nuckols
- absent
TOWN OF PULASKI, VA.
Tjotal
%h, 89o. oo
1,55o.0o
2,3o5.00
.5,100.00
7,5o5.00
APPROVED
BUDGET
1964-65
GENERAL
FUND
Function
Personal
Other
Capital
or Acct.No.
Services
Expenses
Outlay
1
ADMINISTRATION
lA
City Council
$ 2,9W.00
$ 5,950.00
$ 6,000.i
1B
Office
of Mayor
900.00
650.00
1C
Office
of Town
Attorney
2,000.00
305.00
1D
Office
of Town
Manager
131000.00
2,100.00
lE
Office
of Town
Engineer
6,600.00
905.00
Total
Administration
,
,
, .
Tjotal
%h, 89o. oo
1,55o.0o
2,3o5.00
.5,100.00
7,5o5.00
4J8'78
Council mins. contd.
GENERAL FUND, CONT'D.
Function or
Acct. No.
2 ASSESSMENT OF TAXABLE PROPERTY
3 COLLECTION & DISBURSEMENT -
TAXES & RECEIPTS
3A Office of Town Treasurer
6 PROTECTION OF PERSONS & PROP.
6A Policing & Investigating
6B Fire Control,Prev.,Ext.
6C Maint. of Parking Meters
6E Maint.& Opr.Traffic Signs &
Signals
Total Prot. of Per.& Prop.
Personal
Service
June 30, 1964
Other Capital
Expenses Outlay
450.00
Total
450.00
18,260.00
7,065.00
259325.00
64,400.00
10,270.00
r 74,670.00
22,700.00
5,955.00
9,900.00 38,555.00
3,600.00
280.00
3,880.00
3,800.00
21155:oO
5,955.00
94.,50D. -OO _- 1U_, O.00_9,�00._00l7"
7 CONSERVATION OF HEALTH
7A Sanitation & Advancement 450.00 450.00
Total Conservation of Health .o
8 CHARITIES, HOSPITAL & CORRECTIONS
81 Care & Confinement of Prisoners
BUDGET
9 PROMOTION OF CLEANLINESS
1` 2Y 9A Refuse Disposal
9B Street Cleaning
9C Snow removal
CONT'D Total Promotion of Clean-
liness
10 BUILDINGS & GR(UTNDS :
1,600.00 1,600.00
311,500.00 17,670.00 3,700.00 55,870.00
4,200.00 21950.00 7,15o.00
29200.00 3,480.00 5,680.00
40,900.00 211,100.00 3,700.00 68,700.00
10A Maint.
& Opr. Mun.Office
1,1.100.00
2,300.00
3,700.00
10B Maint.
of Fire House
100.00
1,030.00
1,130.00
10C Maint.
of Public Works Bldgs.
300.00
2000.00
800.00 3,400.00
10D Armory
Maintenance & Opr.
800.00
2,300.00
3,100.00
Total Maint. of Bldgs.
,
71910.00
5,530.00
11 HIGHWAYS:
11A Street I nsp.Repairs & Maint. 45,000.00 431090.0020,400.00 1089490.00
11B Street Lighting 19,500.00 19,500.00
11C Street Signs 400.00 650.00 1,050.00
Total Highways 45, 400 - 00 67;2 6.r070_j7Q_.0O, 0
12 RECREATION, LIBRARY,PARKS:
12A
Public Recreation Program
10,295.00
4,030.00
14,325.00
12B
Library
5,800.00
5,800.00
12C
Parks - Calfee
1,700.00
3,150.00
2,950.00
7,800.00
12D
Parks & Playgrounds
2,400.00
830.00
2)00.00
5,530.00
Total Recreation,Library &
_
Parks
14,395.00.
13,810.00
5,250.00
33,455.00
13
ELECTIONS
200.00
100.00
- 300.00
15
PLANNING,ZONING & EXTF'NSIONS
50.00
140.00
1,500.00
1,690.00
18-2
PUBLIC SERV.ENT.(AIRPORT)
LOVING FIELD
50.00
60.00
110.00
19
FIXED CHARGES (INSURANCE)
23,520.00
239520.00
21-A
CONTRIBUTIONS TO OUTSIEF AGENCIES
1,000.00
11000.00
DEBT SERVICE (TEMP.)
70,000.00
70,000.00
SOCIAL SECURITY
71000.00
79000.00
CONT. & TRANS. TO OTHER FUNDS
(Inc.
Fire Hyd. Rental)
8,425.00
8,425.00
TOTAL EXPENDITURES
241,795.00
256,460.00
48,550.00 546,805.00
Council mins. Contd.
REVENUE
Julie 30, 1961
r
t79
TOTAL
39,520.00 105,186.00 6,000.00
RESERVE FUND:
BY:
V Revenue from use of money
VII Service Charges for Current Services
VIII Sales of Services & Commodities
IX Miscellaneous Receipts
TOTAL REVENUE WATER FUND
1
2,970.00
4,500.o0
18b,285.00
100.00
f
150,7o6.do
I General Property Taxes
lb6,36o.00
II Other Taxes:
Water Plant & Equipment
11,200.00
Sewer Plant & Equipment
4,000.00
Cigarette Tax
27,500.00
III Licenses & Permits:
& Prof. Licenses
45,000.00
Business
Motor Vehicle Licenses
38,500.E
Public Utilities Franchises
69000.00
Miscellaneous
1,200.00
IV Fines & Forfeitures
12,500.00
VI Revenue from Other Agencies:
Share of A.B.C. Profits
30,600.00
State Highway Dept.
lb49000.00
Miscellaneous
2,600.00
1964,65
VII Service Charges for Cur. Service:
Parking Meters
19,000.00
BUDGET
Landfill Dumping Fees
100.00
Garbage Collection Fees
45,000.00
REPORT
VIII: Sales of Services & Commodities
21200.00
IX Miscellaneous Receipts
3,560.00
CONTD.
X Transfers from Other Funds
10,500.00
V Revenue from use of Money & Property
7,620.00
Total Revenue
3*50;4no
WATER FUND
Personal
Other
Capital
18 PUBLIC SERVICE ENTERPRISE Services
Expenses
Outlay Total
WATER
18A Administration 3,700.00
610.00
h,310 do
18B Source of Supply 3,320.00
3,630.00
6,950.60
18B2 Filtration & Purification 15000.00
13,930.00
29,230.00
18C Transm. & Distributions 1111000.00
10,270.00
6,000.00
30,270.aD
18E Accounting, Collect.& Purch. 39200.00
9,000.00
129200.00
1.8G Mise. DEpreciation,etc.
?x,200.00
4,200.0o
18H Fixed Charges
1,200.00
1,200.00
DEBT SERVICE
61,ol,6.00
61,01x6.Cz
SOCIAL SECURITY
1,300.00
1000.00
TOTAL
39,520.00 105,186.00 6,000.00
RESERVE FUND:
BY:
V Revenue from use of money
VII Service Charges for Current Services
VIII Sales of Services & Commodities
IX Miscellaneous Receipts
TOTAL REVENUE WATER FUND
1
2,970.00
4,500.o0
18b,285.00
100.00
f
150,7o6.do
i96L-65
BUDGET
l:137i):1-61
CONT ID
Council mins. contd. June 30, 196b
SEWER FUND
improvements to the Fire Department headquarters, at which time
Council authorized Town Manager Noland to curtail this temporary
loan on June 30, 1964 by the sum of $68,000.00, which had been
taken care of by Mr. Noland, and that it would be ne cessary for
Council to meet July 1, 1964 and adopt an ordinance authorizing
the issuance of negotiable notes of the Town in amounts totaling
$67,000.00: $33,500.00 from the Peoples National Bank and $33,500.00
Personal
Other Capital
Services
Expenses 6utlay
Total
7B
Collection System 1,800.00
4,900.00
6,700.00
7B-2
Treatment & Purification;: 13,600.00
8,670.00
22270.00
Miscellaneous
ht 000.00
hj000.00
Debt Service
56,111.00
56,114.00
Social Security
150.00
150.00
Total Expenditures 15,400.00
73,831.00
89,23L.00
TO BE FINANCED BY:
V
Revenus from Use of Money
-
VII
Service Charges for Current Services
3,200.00
VIII
Sales of Services & Commodities
721,100.00
IX
Miscellaneous Receipts
30.00
TOTAL REVENUE
75,330.00
Deficit
13,904.00
TOTAL SEWER SYSTEM
59;2M;00
Anticipated
Proposed
Receipts
Expenditures
WATER FUND
191,185.00
150,?06.00
SEWER FUND
75,330.00
89,234.00
COMBINED WATER & SEWER FUND
267,185.00
239,940.00
RESERVE FOR CONTINGENCIES & CAP.OUTLAY
27,245.00
CEMETERY FUND
23
Cemetery Expenditures 1,500.00
190.00 1,000.00
2,690.00
TO BE FINANCED BY:
V
Revenue from Use of Money & Property
450.00
X
Contributions from other funds
4,540.00
TOTAL CEMETERY FUND
` 4,69Z5-.00
Town Attorney Moore reminded
Council that with
the
beginning of the 1963-64 fiscal year the Town had borrowed the sum
of $135,000.00 from the two local banks: $70,000.00 from
Pulaski
National Bank and $65,000.00 from Peoples National Bank,
for the
purpose of paying the balance due by the Town on the construction
of Route 99 in the sum of $122,000.00,
and $13,000.00 for
capital
improvements to the Fire Department headquarters, at which time
Council authorized Town Manager Noland to curtail this temporary
loan on June 30, 1964 by the sum of $68,000.00, which had been
taken care of by Mr. Noland, and that it would be ne cessary for
Council to meet July 1, 1964 and adopt an ordinance authorizing
the issuance of negotiable notes of the Town in amounts totaling
$67,000.00: $33,500.00 from the Peoples National Bank and $33,500.00
i
E� 1
Council mins. contd. June 30, 196h
i
from the Pulaski National Bank, payable on June 30, 1965. Council
agreed to meet at 8:00 A. M. Wednesday, July lst, for the purpose
of adopting the proper ordinance for refinancing the amounts which
would be due the two banks. A certificate of the Town Treasurer was
filed, as follows:
TO THE COUNCIL OF THE TOWN OF PULASKI, VIRGINIA:
I, J. Lloyd Patterson, the undersigned Treasurer of the Town of
Pulaski, Virginia, do certify to the Council as follows:
The assessed valuation of the real estate in the Town of Pulaski,
subject to taxation as shown by the last preceding assessment for
taxes is $5,114,640.00.
The assessment on Public Utility Property in the Town is $11282,10300.
The assessment on Personal Property is $1,782,120.00.
The assessment on personal property classified as Machinery and
Tools is $9117,190.00.
That the outstanding bonds or interest bearing obligations for any
purpose whatsoever of the Town of Pulaski, Virginia, on June 30, 19611, *.ere
as follows:
Sewer Bonds (7/l/58 (Revenue) $910,000.00
Water Bonds (4/l/h6) 29h,000.00
TREASURER'S Water Bonds (7/1/58) 570,000.00
rREPORT Total $1, M,000.00
OF VALUATION The aforesaid information concerning evaluation of property is that;
which was submitted to the Town of Pulaski, Virginia, by the Commissioner
OF PUB.UTIL. of Revenue of the County of Pulaski, Virginia.
PER PROP & Given under my hand this 30th dayof June, 196h.
MACHINERY /s/ J. L. Patterson, Treasurer
Town of Pulaski, Virginia
Town Attorney Moore advised Council that in order to comply
with the State laws it would be necessary to amend and re-enact Section';
12 -LO, 12 -hl and 12-42 of the Town Code, providing and relating to
consent for the taking of blood samples. As this matter was not on
the agenda, Councilman Gallimore moved that it be placed,on the agenda
ADOPTION OF
ORD.FOR for immediate discussion, which motion was seconded by Councilman Lars*
THE TAKING
OF BLOOD and carried. The amending ordinance was read and explained to Council
SAMPLES
by Town Attorney Moore. On motion of Councilman Larson, seconded by
Councilman Aust, and carried, the following ordinance was adopted:
(Ordinance to follow on page 3882, etc.)
3882 Council mins. contd.
June 30, 1961
AN ORDINANCE TO AMEND AND RE-ENACT SECTION
1240, 12 -hl AND 12-42 OF CODE OF THE TOWN OF
PULASKI PROVIDING AND RELATING TO CONSENT FOR THE
TAKING OF BLOOD SAMPLES AND HOW SUCH CONSENT SHALL
BE IMPLIED; TESTING SAME FOR ALCOHOLIC CONTENT;
CONSEQUENCE OF REFUSAL OF CONSENT; TRIAL ON SEPARATE
OFFENSE, APPEAL, EVIDENTIARY EFFECT OF TEST AND OTHER
EVIDENCE; AND TERM OF SUSPENSION OF SUCH PRIVILEGE AND
LICENSE, AND PROVIDING PENALTY FOR VIOLATION.
BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF PULASKI, VIRGINIA,
THAT:
12-4o (A) PROHIBITED
(1) It shall be ublawful for any person to drive
any automobile or other motor vehicle, car, truck, engine or train
in the town while under the influence of alcohol, brandy, rum,
whiskey, gin, wine, beer, larger beer, ale, porter, stout or any
other liquid beverage or article containing alcohol or while under
the influence of any narcotic drug or any other self-administered
intoxicant or drug of whatsoever nature.
(B) (1) As used in this section "License" means any
operator's, chauffeur's or learner's permit or license authorizing the
operation of a motor vehicle upon the highways, street, or public
way.
1
(e) Only a physician, registered professional nurse,
graduate laboratory technician or a technician or nurse designated
by order of a court of record acting upon the recommendation of a
licensed physician, using soap and water to cleanse the part of
the body from which the blood is taken and using instruments
sterilized by the accepted steam sterilizer or some other ster-
ilizer which will not affect the accurary of the test, or using
chemically clean sterile disposable syringes, shall withdraw
blood for the purpose of determining the alcoholic content there-
of.
(1) Portions of the blood sample so withdrawn shall
be placed in each of two vials provided by the Chief Medical
Examiner, which vials shall be sealed and labeled by the person
taking the sample or at his direction, showing on each the name
of the accused, the name of the person taking the blood sample,
1
(2) Any person whether licensed by Virginia or not,
ORDINANCE
who operates a motor vehicle upon a public highway or streets, in
this State on and after July one, nineteen hundred sixty-four, shall
FOR TAKING
be deemed thereby, as a condition of such operation, to have con-
sented to have a sample of his blood taken for a checmical test to
determine the alcoholic content thereof, if such person is arrested
OF BLOOD
for a violation of this ordinance within two hours of the alleged
offense.
SAMPLES
(C) If a person after being arrested for a violation
of this ordinance and after having been advised by the arresting
officer that a person who operates a motor vehicle upon a public
highway, streets or public ways in the Town of Pulaski, Virginia,
shall be deemed thereby, as a condition of such operation, to
have consented to have a sample of his blood taken for a chemical
test to determine the alcoholic content thereof, and that the un-
reasonable refusal to do so constitutes grounds for the revocation
of the privilege of operating a motor vehicle upon the highways
of this State, then refuses to permit the taking of a sample of
his blood for such tests, the arresting officer shall take the
person arrested before a committing magistrate and if he does
again so refuse after having been further advised by such mag-
istrate of the law requiring a blood test to be taken and the
penalty for refusal, and so declares again his refusal in writing
upon a form provided by the Chief Medical Examiner of Virginia
(hereinafter referred to as Chief Medical Examiner), of refuses
or fails to so declare in writing and such fact is certified as
prescribed in paragraph (10), then no blood sample shall be taken
even though he may thereafter reouest same.
(e) Only a physician, registered professional nurse,
graduate laboratory technician or a technician or nurse designated
by order of a court of record acting upon the recommendation of a
licensed physician, using soap and water to cleanse the part of
the body from which the blood is taken and using instruments
sterilized by the accepted steam sterilizer or some other ster-
ilizer which will not affect the accurary of the test, or using
chemically clean sterile disposable syringes, shall withdraw
blood for the purpose of determining the alcoholic content there-
of.
(1) Portions of the blood sample so withdrawn shall
be placed in each of two vials provided by the Chief Medical
Examiner, which vials shall be sealed and labeled by the person
taking the sample or at his direction, showing on each the name
of the accused, the name of the person taking the blood sample,
1
Council mins. contd. June 30, 196h
and the date and time the blood sample was taken. The vials
shall be placed in two containers provided by the Chief Medical
Examiner, which containers shall be sealed so as not to allow
tampering with the contents. The arresting or accompanying
officer shall take possession of the two containers holding the
vials as soon as the vials are placed in such containers and sealed,
and shall transport or mail one of the vials forthwith to the
Chief Medical Examiner. The officer taking possession of the other
container (hereinafter referred to as second container) shall, im-
mmediately after taking possession of said second container give
to the accused a form provided by the Chief Medical Examiner which
shall set forth the procedure to obtain an independent analysis
of the blood in the second container, and a list of thos labor-
atories and their addresses, approved by the State Health Com-
missioner; such form shall contain a space for the accused or his
counsel to direct the officer possessing such second container to
forward that container to such approved laboratory for analysis,
if desired. The officer having the second container, after de-
livery of the form referred to in the preceding sentence (unless
at that time directed by the accused in writing on such form to
forward the second container to an approved laboratory of the ac-
cused's choice in which event the officer shall do so) shall de-
liver Laid second container to the chief police officer of the
ORDINANCE town of Pulaski, Virginia, and the chief police officer who re-
ceive the same shall keep it in his possession for a period of
seventy-two (72) hours, during which time the accused or his
counsel may, in writing, on the form provided hereinabove,
direct the chief police office having possession of the second
CONTINUED container to mail it to the laboratory of the accused's choice
chosen from the approved list. As used in this section, the term
"Chief police officer" shall mean, the chief of police of the
Town of Pulaski, Virginia.
(2) The testing of the contents of the second
container shall be made in the same manner as hereafter set forth
concerning the procedure to be followed by the Chief Medical Ex
aminer, and all procedures established herein for transmittal,
testing and admission of the result in the trial of the case shall
be the same as for the sample sent to the Chief Medical Examiner.
(3) A fee not to exceed $15.00 shall be allowed
the approved laboratory for making the analysis of the second
blood sample which fee shall be paid out of the appropriation for
criminal charges. If the person whose blood sample was withdrawn
is subseauently convicted for violation of this ordinance, the fee
charged by the laboratory for testing the blood sample shall be
taxed as part of the costs of the criminal case and shall be paid
into the general fund of the town.
(4) If the chief police officer having pos-
session of the second container is not directed as herein pro-
vided to mail it within seventy-two (72) hours after receiving
said container then said officer shall destroy same.
(5) Upon receipt of the blood sample forwarded
to his office for analysis, the Chief Medical Examiner shall
cause it to be examined for alcoholic content and he or an As-
sistant Chief Medical Examiner shall execute a certificate which
shall indicate the name of the accused, the data, time and by
whom the blood sample was received and examined, a statement that
the container seal had not been broken or btherwise tampered
with, a statement that the container was one provided by the
Chief Medical Examiner and a statement of the alcoholic content
of the sample, The certificate attached to the vial from which
X884
ORDINANCE
CONTINUED
Council mins. contd. June 30, 196h
the blood sample examined was taken shall be returned to the clerk
of the court in which the charge will be heard. The certificate
attached to the container forwarded on behalf of the accused shall
also be returned to the clerk of the court in which the charge
will be heard, and such certificate shall be admissible in evid-
ence when attested by the pathblogist or by the supervisor- of the
laboratory approved by the State Health Commissioner. -
(6) When any blood sample taken in accordance
with the provisions of this section is forwarded for analysis to
the office of the Chief Medical Examiner, a report of the results
of such analysis shall be made and filed in that office. Upon
proper identification of the vial into which the blood sample
was placed, the certificate as provided for in this section shall,
when duly attested by the Chief Medical Examiner, or any Assistant
Chief Medical Examiner, be admissible in any court, in any crim-
inal proceeding, as evidence of the facts therein stated and of
the results of such analysis.
V) Upon the request of the person whose blood
sample was taken for a chemical test to determine the alcoholic
content thereof, the results of such test or tests shall be made
available to him.
(8) A fee not exceeding five dollars shall be allowed
the person withdrawing a blood sample in accordance with
this section, which fee shall be paid out of the appropriation
for criminal charges. If the person whose blood sample was with-
drawn is subsequently convicted for violation of this ordinance the
amount charged by the person withdrawing the sample shall be taxed
as part of the costs of the criminal case and shall be paid into
the general fund of said Town.
(9) In any trial for a violation of ordinance,
this section shall not otherwise limit the introduction of any
relevant evidence bearing upon any question at issue before the
court, and the court shall, regardless of the result of the blood
test or tests, if any, consider such other relevant evidence of
condition of the accused as shall be admissible in evidence. The
failure of an accused to permit a sample of his blood to be with-
drawn for a chemical test to determine the alcoholic content there-
of is not evidence and shall not be subject to comment at the trial
of the case; nor shall the fact that a blood test had been of-
fered the accused be evidence or the subject of comment.
(10) The form referred to in paragraph (C), shall
contain a brief statement of the law requiring the taking of a
blood sample and the penalty for refusal, a declaration of refusal
and lines for the signature of the person from whom the blood
sample is sought, the date and the signature of a witness to the
signing. If such person refuses or fails to execute such declar-
ation, the committing justice, clerk or assistant clerk shall
certify such fact, and that the committing justice, clerk or as-
sistant clerk advised the person arrested that such refusal or
failure, if found to be unreasonable, constitutes grounds for the
revocation of such person's license to drive. The committing or
issuing justice, clerk or assistant clerk shall forthwith issue
a warrant charging the person refusing to take the test to det
ermine the alcoholic content of his blood, with violation of this
section. The warrant shall be executed in the same manner as
criminal warrants.
(11) The executed declaration of refusal or the
certificate of the commiting justice, as the case may be, shall
be attached to the warrant and shall be forwarded by the com-
mitting justice, clerk or assistant clerk to the court in which
the offense of driving under the influence of intoxicants shall
be tried.
885
Council mins. contd. June 30, 196b
(12) When the court received the declaration of
refusal or certificate referred to in paragraph (11) together
with the warrant charging the defendant with refusing to submit
to having a sample of his blood taken for the determination of
the alcoholic content thereof, the court shall fix a date for
the trial of said warrant, at such time as the court shall desig-
nate, but subsequent to the defendant's criminal trial for driving
under the influence of intoxicants.
(13) The declaration of refusal.or certificate
under paragraph (11) as the case may be, shall be prima facie
evidence that the defendant refused to submit to the taking of a
sample of his blood to determine the alcoholic content thereof as
provided hereinabove. However, this shall not be deemed to pro-
hibit the defendant from introducing on his behalf evidence of
the basis for his refusal to submit to the taking of a sample of
his blood to determine the alcoholic content thereof. The court
shall determine the reasonableness of such refusal.
(14) If the court shall find the defendant guilty
as charged in the warrant, the court shall suspend the defendant's
license for a period of 90 days for a first offense and for six
months for a second or subsequent offense or refusal within one
year of the first or other such refusals; the time shall be com-
ORDINANCE puted as follows: the date of the first offense and the date of
the second or subsequent offense.
CONTINUED (15) The court shall forward the defendant's
license to the Commission of the Division of Motor Vehicles of
Virginia as in other cases of similar nature for suspension of
license unless, however, the defendant shall appeal his conviction
in which case the court shall return the license to the defendant
upon his appeal being perfected.
(16) The procedure for appeal and trial shall be
the same as provided by law for misdemeanors.
(17) No person arrested for a violation of this
ordinance shall be required to execute in favor of any person or
corporation a waiver or releast of liability in connection with
the withdrawal of blood and as a condition precedent to the with-
drawal of blood as provided for herein.
(19) The steps herein set forth relating to the
taking, handling, identification, and disposition of blood samples
are procedural in nature and not substantive. Substantial com-
ploance therewith shall be deemed to be sufficient. Failure to
comply with any one or more of such steps or portions thereof, or
a variance in the results of the two blood tests shall of it-
self be grounds for finding the defendant not guilty, but shall go
to the weight of the evidence and shall be considered as set
forth above with all the evidence in the case, provided that the
defendant shall have the right to introduce evidence on his own
behalf to show non-compliance with the aforesaid procedure or any
part thereof, and that as a result his rights were prejudiced.
12-41 (E) In any prosecution for a violation of
thisor`lcinance, the amount of alcohol in the blood of the accused
at the time of the alleged offense as indicated by a chemical
analysis of the accused's blood in accordance with the provisions
of this ordinance, shall give rise to the following presumptions:
(1) If there was at that time 0.05 per cent
or less by weight of alcohol in the accused'sblood, it shall be
presumed that the accused was not under the influence of alcoholic
intoxicants;
13886
CONTINUED
Council mins. contd.
(2) If there was at that
0.05 per cent but less than 0.15 per cent
the accused's blood, such facts shall not
sumption that the accused was or was not
June 30, 19611
time in excess of
by weight of alcohol in
give rise to any pre -
under the influence of
alcoholic intoxicants, but such facts may be considered with
other competent evidence in determining the uilt or innocence
of the accused;
(3) If there was at that time 0.15 per cent
or more by weight of alcohol in the accused's blood, it shall be
presumed that the accused was under the influence of alcoholic
intoxicants.
12-bl.1 Any person violating the provision of this
ordinance c arging the offense of driving under the in-
fluence of intoxicants, etc., shall be guilty of a misdemeanor
and shall be punished, for a first offense by a fine of not less
than two hundred dollars nor more than one thousand dollars or
by confinement in jail for not less than one month nor more than
six months, either or both in the discretion of the jury or the
court trying the case without a jury. Any person convicted with-
in any prriod of ten years of a second or other subseouent offense
under this ordinance or convicted of a first offense under Section
18.1-54 of the Code of Virginia or for a similar offense under
any county, city or town and after having been convicted within
a period of ten years prior thereto or an offense under former 18-
75 or of this ordinance as it was prior to this inactment or any
other similar ordinance shall be punishable by a fine of not less
than two hundred dollars ($200.00) nor more than one thousand
dollars ($1,000.00) and by confinement in jail for not less than
one month nor more than one year. For the purpose of this section
a conviction or finding of not innocent in the case of a juvenile
under the provisions of Section 18.1-5h, former Section 18-75 of
the Code of Virginia, the ordinance of any county, city or town
in this State or the laws of any other state substantially sim-
ilar to the provisions of Section 18.1-5b through 18.1-57 of the
Code of Virginia or this ordinance, shall be considered a prior
conviction.
12-0 The judgment of conviction if for a
firsTofYense under Section 12-110 of this Code, shall of itself
operate to deprive the person so convicted of the right to drive
or operate any such vehicle, conveyance, engine or train in the
town and state for a period of one year, from the date of such
judgment, and if for a second or other subseouent offense within ten
years therefor for a period of three years from the date of the judgment
of conviction or finding of not innocent thereof, any such period
in either case to run consecutively with any period of suspension
for failure to permit a blbod sample to be taken as reouired by
this ordinance. If any person has heretofore been convicted of
violating any similar state law or city or town ordinance and
thereafter is convicted of violating the provisions of section
12-40 of this Code, such conviction or finding shall, for the
purpose of this and the preceding section, be a subseauent of-
fense and shall be punished accordingly; and the court may,.in
its discretion, suspend the sentence during the good behavior of
the person convicted.
WHEREUPON, this ordinance was adopted by affirmative
vote of the Council on this 30th day of June, 1964.
Attest:
/s/ Gladys R. Dalton,
Clerk of Council
TOWN OF PUTASKI, VIRGINIA
By /s/ C. V. Jackson, Mayor
1
[7
�. 8'7
Council mins. contd. June 30, 1964
It was reported by Town Attorney Moore that the Town had
complied with the statutes in attempting to purchase Parcel 005, owned by
D. G. and Grace Rutherford, for the construction and relocation of
Route 611, but had not been successful in its attempt, and on motion of,
Councilman Gallimore, seconded by Councilman Larson, and carried on the;
following recorded vote, the following resolution was adopted authoris-
ing the Town Attorney to file the proper certificate of condemnation
and to take whatever steps necessary to carry out the procedure of con -'i
demnati on:
W. A. Larson - aye Billy B. Flint - aye
T. J. McCarthy - not C. B. Gallimore - aye
voting
RESOLUTION Glen K. Aust - aye W. S. Cummings - aye
RE: CONDEMNATION F. L. Carrico - aye Eugene L.Nuckols - aye
OF RUTHERFOM
PROPERTY FOR
ROUTE 611 WHEREAS, the Town of Pulaski, Virginia, a Municipal
Corporation, together with the Commonwealth of Virginia and
the Federal Government, proposes to build that certain highway
designated as Route #611, from a point north of State Route #99,
said point being the northern boundary line of East Street to a
point at the corporate limit on the northeastern boundary line
of McMillan property, under Federal Aid Urban Project No. 0611-
125-101; and,
WHEREAS, under the law and regulations controlling said
project the Municipality is required to acquire either by purchase
or condemnation all of the necessary land for right of ways and
easements lying within the said Municipality; and,
WHEREAS, pertaining to the aforesaid project, the Town of
Pulaski, Virginia, has caused to be made by W. Marvin Board abd
Foy Aust, two competent appraisers, an appraisal of the land and
an evaluation of the damages to all of the parcels or residue
thereof, deemed necessary for said project and shown upon the
flans provided; and,
WHEREAS, the said Town employed E. 0. King, Jr., as a
negotiator, and he as agent for the Town has contacted owners
of property or easements needed and advised them of the Town's
offer for the purchase of the fee simple title or easement and
payment of any and all damages as valued by the aforesaid appraisers;
and,
WHEREAS, proper notice has been given by the said Town
confirming the offers made by its negotiator. However, negotia-
tions have been ineffectual in making purchase of said parcel
or tract of land or acquiring easement thereon, or for payment
of damages, because of the owner's unwillingness to sell, grant
easements, or accept damages at the appraised price offered
them by said Town; and,
WHEREAS, the said Town deems the parcel of land or ease-
ment thereon necessary in order to establish proper right of
way, drains, fills, etc., in the construction of the aforesaid
highway and project as shown on plans filed in the office of the
Town Manager of said Town and hereinafter listed and set out in
detail;
RESOLUTION
CONTINUED
Council mins. contd.
June 30, 1964
NOW, THEREFORE, BE IT RESOLVED, by the Council of the
Town, meeting on the 30th day of June, 1964, that:
(1) The Town in consideration of the premises, does
hereby declare that the fee simple title in the aforesaid parcel
or easements thereon is necessary and essential for the construc-
tion of Route #611; that its efforts to acquire said property or
easements and pay damages, if any, therefor haUe been ineffectual
in that said owners are unwilling and refuse to accept the
appraised price offered for said land or easement, or damages,
as the case may be, and that by reason of the aforesaid, the
Town now deems it necessary to acquire title or easement by con-
demnation of the land of certain owners, and does hereby determine
that the fair value of the land taken or interest therein sought,
and damage done, to be the amount offered and shown in detail for
the property owners as follows:
I. FROM D. G. AND GRACE RUTHERFORD
Value of interest, including damages: $524.00
Being as shown on plans approved February 19,
1963, as revised nn March 26, 1963, and April 4,
1963, and lying on both sides of the center line
from the lands of Jackson -Cummings, Incorporated,
at a point opposite approximate Station 47 + 49
to the lands of Claremont Corporation of Pulaski,
at a point opposite Station 49 + 12, and containing
.19 acre, more or less, land, together with the
right and easement to use the additional areas
shown as being necessary for the proper execution
and maintenance of the work.
(2) The Town Attorney, Garnett S. Moore, and such other
persons as he deems necessary to associate with him, are hereby
authorized and directed to proceed immeidately to file petition
for condemnation for the fee simple title in and to the afore-
said property, or for easements thereon as the case may be, or
payment of damage, if any, to the residue or adjacent property,
and to take any and all other steps necessary, including the
authorization and direction to file certificates, taking title,
and to pay into court the amount the Town estimates to be the
fair value of the land taken or interest therein sought, and
damage done, said amount being the same as heretofore specifically
shown in this resolution or in resolutions heretofore adopted
pertaining to this project, for the named respective owners
therein shown, and further to take title to said land, to enter
upon hhd take possession of such property and right of way for
the purpose of the construction of Route #611, Project 0611-
125-101, as authorized under the charter and ordinances of the
said Town and the general law of the Commonwealth of Virginia
made and provided, and to carry these proceedings to a conclusion
under the rights of eminent domain give unto the said Town by
the Constitution and General Laws of Virginia, or the provisions
of its Charter, and to do any and all other things that are
necessary to secure the fee simple title or easements to said
parcel of land, and he is further directed to sign the name of
said Town as its Attorney to an y necessary pleadings.
(3) The Mayor and the Clerk are directed to execute any
certificate for taking title, to certify resolutions or records
pertaining to this project, and to do all other things necessary
in these proceedings.
Council mins. contd. June 30, 1964
(4) The Treasurer or other proper officials of said
Town are directed to pay into Court, or an may be directed by
said Court or the Attorney for the Town, such sums as are
required in the procedure of filing certificates, by awards
to the respective land owners for property taken, for easements
or for damage, if any, to the residue or adjacent property, plus
any other necessary costs for carrying on the proceedings.
Councilman Carrico moved that July 3rd be declared a legal
JULY 3RD holiday for town employes inasmuch as the 4th comes on Saturday. This
LEGAL
HOLIDAY motion was seconded by Councilman Larson, and carried.
Chairman Flint advised that the Land, Buildings and Parks
Committee would like to have permission to re -open the discussion with
the officials of Pulaski Hospital relative to the purchase of land by
COMM. GIVEN
PERM.TO liEOPENthe Hospital for future expansion. On motion of Councilman McCarthy, slcond-
TALK WITH
HOSPITAL ed by Councilman Gallimore, it was, RESOLVED, that the Land, Buildings .{
OFFICIALS RE:
PUR.OF LAND and Parks Committee have the authority to negotiate further with the
NEAR FILTER
PLANT Pulaski Hospital officials with regards to future expansion by the hospital.
In order to exercise an option now held by the First Federal
COUNCIL WOULD Savings and Loan Association, Council agreed to favor a request of the
FAVOR 31 or 4"
ENCROACHMENT Savings & Loan Corporation for a 3-1/2 or 4 inch encroachment of Town
COR. 3RD &
WASH. AVE. property at Third and Washington Avenue, and the matter was turned over
to the Land, Buildings and Parks Committee for study and recommenda-
tion.
There followed a general discussion of matters of interest
to the Council, but no action was taken as none was necessary.
Mayor Jackson again called Council's attention to the clean-uo
CLEAN-UP program and asked each member to bear it in mind. He also stated that
REPORT. some results can be seen already from just talking about this proposed
program.
The meeting adjourned at 5:05 P. M.
Approved:
Attest:` / Mayor
er
J