HomeMy WebLinkAbout07-03-62.~
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Minutes of the regular meeting of the Pulaski Town
Council, held on the 3rd day of July, 1962, at lt:C+O P. M., in the
Municipal office.
There were present: Mayor C. D. Jackson, presiding.
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Councilmen: F. L. Carrico, Claude B. Gallimore,
Billy B. Flint, T. J. McCarthy,
W. S. Cummings, Eugene L. Nuckols,
and at x:40 Councilman Nash arrived
Absent: Glen K. Aust
Also present: Town Manager, T. B. Noland
Clerk: Gladys R. Dalton
Town Attorney: Garnett S. Moore
Visitors: Ronnie Patterson, reporter for Southwest Tines
Mrs. J. F. Spencer, Miss Elizabeth Bonham,,;
and Wm. Farmer, visitors interested in
air pollution
Mr. A. M. Harman, Jr. Attorney for Jeffersoth Mi11s
Mrs. Mona Leftwich
The invocation was given by Councilman Gallimore.
Minutes of the regular meeting of June 19th were appro~red.
The visitors interested in the air pollution matter
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stated that this matter had been pending before Council for at least a
year, and with the exception of the fall-out, the smoke situation was
still the same as when they first brought the matter to Council's
attention a year ago, and asked that something be done. They were
advised that the plants were endeavoring to correct the situation and
it was believed that a cooperative arrangement is the solution. Furthe~,
A:IR z'~'T:UTTON
that if the plants installed incinerators it would not eliminate the
smoke. The visitors brought out the fact that the ordinance prohibiti~-g
open burnings was in existence before the plants came to Pulaski or it!
was adopted since their coming here, and they certainly had knowledge
of same, and felt that all should be treated equally.
Mrs. Leftwich complained to Council of the vandalism
to her !~-l~2 acres of land situated in the Steel Plant bottom, and
notified Council that a sanitary sewer line to this land "had been
ArRS . ?~' ph, ~,
IrFT~"ITr,r~ _ removed". She was advised that this was not the action of the Teti,
SAWIT~! RX
SFi~1FR LTr1'~' nor did the Town have any knowledge of same.
(~`? T I n?
STF.FL '";~". Mayor Jackson declared the meeting to be a public
BOTTnNT
hearing, as had been advertised in the Southwest Times, for the
purpose of hearing all persons wishing to be heard either for or
~~54
Council rains. contd. July 3, 1962, J~:00 P. M.
against the proposed closing of that portion of the eleven
(11) foot alley running north-and south in Block 121, as shown
on the Official Map of the Town of Pulaski, from a point fifty
(50) feet north of First Street, SW, to a point two hundred
1?tTBLIC HFARIPIG eighty-five (285) feet south of First Street, SW, as had been
FOR CLOSING OF
ALLEY IN BK. petitioned by Kahn & Feldman, Incorporated, owners of
121; COUNCIL:
ACCEPTS RFCO?~~~D. Jefferson Mi11s. Mr. Harman appeared on behalf of Kahn & Feldman,
OF VIE'~.~IERS TO
CLOSE ALLEY Incorporated, and stated it was his understanding that the
viewers had recommended that the alley be closed, which state-
ment was verified by Town Attorney Moore. Councilman McCarthy
moved that the portion of the eleven (11) foot alley running
north and south in Block 121, as advertised in the Southwest
Times, be closed. This motion was seconded by Councilman Cummings,
and carried on the following recorded vote:
Billy B. Flint -aye Eugene L. Nuckols - aye
W. S. Cummings - aye Claude B.Gallimore -aye
T. J. McCarthy - aye Glen K. Aust - absent
F. L. Carrico ~ - aye John t~1. Nash - absent
1
Mr. Harman stated Jefferson Mills had exercised options
on property covering an area of approximately 225 feet on Commerce
Street and approximately 120 feet on Valley Street, including the
Tilley building, the old building on the corner of Valley and
Commerce and the Douthat property; that an option on the Bedsaul
JEFFERSON MIIS~S building had not yet been exercised; and that a small frame
EXERCISES
OPTIONS ON building on the back of the Douthat property would be renovated
PROPERTY ON
VALLEY ST. & for office and headquarters for the Jefferson Mi11s Rescue Squad,
C CN~'IC RCE
with construction of the new building to be erected in Block 121
to begin probably around the 15th or 20th of August.
An ordinance on "going-out-of-business sales" was
presented by Councilman Nuckols and discussed thoroughly. Upon the
ADOPTION OF motion of Councilman McCarthy, seconded by Councilman Cummings, and
GOING OUT OF
BUSINESS`SAL~ carried upon the following recorded vote:
ORDINANCE
Billy B. Flint - aye Eugene L. Nuckols - aye
W. S. Cummings - aye Claude B. Gallimore - aye
~' T. J. McCarthy - aye G~en~rK. Aust x ~ absent
F. L. Carrico - aye John W. Nash - aye
the following ordinance was adopted:
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Council mins. contd.
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July 3, 1962, 1~ P. M.
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AN ORDINANCE REGULATING GOING-OUT-OF
BUSINESS SALES, REMOVAL OF BUSINESS
SALES, AND FIRE AND OTHER ALTERED GOODS
SALES; REQUIRING PERSONS CONDUCTING SUCH
SALES TO FURNISH THE TOWN WITH CERTAIN
INFORMATION TO OBTAIN A LICENSE; AND
PRESCRIBING PENALTIES FOR VIOLATIONS OF
ITS PROVISIONS.
BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF PULAc6KI
VIRGINIA:
Section I. Definitions. For the purposes of this
Ordinance the following terms, phrases, words, and their
derivations shall have the meaning given herein. When not
inconsistent with the context, words used in the present tense
include the future, words in the plural number include the
singular number, and words in the singular number include the
plural number. The word t1sha11" is always mandatory and not
merely directory.
(1) "Town" is the Town of Pulaski, Virginia.
(2) Town Treasurer is designated the person to
issue the license hereunder required,
(3) "Fire and other altered goods sale" is a sale
held out in such a manner as to reasonably cause the public t(~
believe that the sale will offer goods damaged or altered by
fire, smoke, water or other means.
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Council mins. contd.
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July 3, 1962, ~t P. M.
(4) "Going-out-of-business sale" is a sale held
out in such a manner as to reasonably cause the public to beli~
that upon the disposal of the stock of goods on hand the busi-
ness will cease and be discontinued, including but not limited
to the following sales: Adjuster's; Adjustment; Alteration;
Assignee's; Bankrupt; Benefit of Administrator's; Benefit of
Creditors'; Benefit of Trustees'; Building Coming Down; Closing;
Creditor's Committee; Creditor's; End; Executor's; Final Days;
Forced Out; Forced Out of Business; Insolvents'; Last Days;
Lease Expires; Liquidation; Loss of Lease; Mortgage Sale;
Receiver's; Trustee's; Quitting Business.
(5) °'Goods" is meant to include any goods, wares,
merchandise or other property capable of being the object of a
sale regulated hereunder,
(6) "Person" is any person, firm, partnership,
association, corporation, company or organization of any kind.
(7) "Removal of business sale" is a sale held out
in such a manner as to reasonably cause the public to believe
that the person conducting the sale will cease and discontinue
business at the place of sale upon disposal of the stock of
goods on hand and will then move to and resume business at a
new location in the Town or will then continue business from
other existing locations in the Town.
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Council mins..contd.
July 3, 1962, ~ p. M.
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Section II: License Required. A license issued by
the Treasurer as provided herein shall be obtained by a person
before selling or offering to sell any goods at a sale to be
advertised or held out by any means to be one of the following
kinds
(1) Going-out-of-business sale;
(2) Removal of business sale; and
(3) Fire and other altered .stock sale.
Section III: Application of Re~,ulations.
(a) Provisions Supplements Licenses and Ordinances.:
J
This Ordinance is intended to augment and be in addition to the
provisions of the General Licensing Ordinance of the Town of
Pulaski, Virginia. In the event this Ordinance imposes a gre8ter
restriction upon persons, premises, businesses, or practices ,
than is imposed by any General Licensing Ordinance of the TowD
then this Ordinance shall control.
(B) Established Business Requisite. No license und$r
this Ordinance shall be granted to any person who has not beem
the owner of a business advertised or described in the applic8-
Lion for a period of at least ~ months priortto the
date of the proposed sale. Exce~t, however, ttfe heirs, devises,
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legatees, or personal representative of a person doing business
in the Town shall have the right to apply for a license under!.
the provisions of this Ordinance,
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Council mins. contd.
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(C) Interval Between Sales. Any person who has held
a sale, as regulated hereunder, at the same location as stated in
the application within one year immediately prior to the date of
the application shall not be granted a license, a~ new bona fide
fire sales shall be exempt from the provisions of Section (C).
(D) Restricted Location. License issued hereunder
shall apply only to the store described in the application and
shall not apply to any other store, or branch store owned by the
same person at another location, and no other such store or
branch shall advertise, or represent that it is cooperating in
the sale or in any way participating therein,
(E) Persons Exempted. The provisions of this
Ordinance shall not affect the following persons:
(1) Persons acting pursuant to an order
or process of a court of competent jurisdiction;
(2) Persons acting in accordance with
their powers and duties as public officials;
(3) Duly licensed auctioneers, selling
at auction;
(4) Persons conducting a sale of the
type regulated herein on the effective date of
this Ordinance, unless such sale is continued
for a period of more than .fit days from and
after such effective date, in which event,
such person, at the lapse of the said .~c~
day period, shall comply with the provisions
of this Ordinance;
(5) Any publisher of a newspaper,
magazine or other publication, radio or tele-
vision, who publishes, makes an announcement
of, or shows, in good faith, any advertisement,
without knowledge of its false, deceptive or
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Council mins. contd.
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misleading character, or without knowledge that
the provisions of this ordinance have not been com-
plied with.
Section IV. Application.
(A) Written Information Required. Any person desiri~ag
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to conduct a sale regulated by this Ordinance shall make applicta-
tion in writing to the Treasurer of said Town giving the follo~-
ing information;
(1) The true name and address of the
owner of the goods to be the object of the
sale;
(2) A description of the place where
such sale is to be held;
(3) The nature of the occupancy,
whether by lease or sublease and the
effective date of termination of such oc-
cupancy;
(4) The dates of the period of time
in which the sale is to be conducted;
(5) A full and complete statement of
the facts in regard to the sale, including
the reason for the urgent and expeditious
disposal of goods thereby and the manner in
which the sale will be conducted;
(6) The means to be employed in
advertising such sale together with the
proposed content of any advertisement;
(7) A complete and detailed inventory
of the goodsl~ be sold at such sale as
disclosed by the applicant's records. Said
inventory shall be attached to and become
part of the required application, or in lieu
of an inventory made immediately prior to apply-
ing for the License, the most recent inventory
made of the business assets, plus a complete list
of all purchasers made since the date of inven-
tory to date.. of application may be used.
(a) Bona Fide Orders. A11 goods
included in such inventory shall have
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July 3, 1962, L~ P. M.
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been purchased by the .applicant for
resale on bona fide orders without
cancellation privileges and shall not
comprise goods purchased on consign-
ment.
(b) Goods Purchased for Sale
Hereunder, Such inventory shall not
include goods ordered in contemplation
of conducting a sale regulated here-
under. Any unusual purchase, or ad-
ditions to the stock of goods of the
business hereby affected within 3c~,
days before the filing of an application
hereunder shall be deemed to be of such
character.
(B) License Fee. Any applicant for a license as pro-
vided hereunder shall pay to the treasurer at the time the appli-
cation is filed a fee of one or more of the applicable sections
as follows:
(1) If, within one month after the close
of the year for which all required City licenses
have been paid, a person holding such licenses
should elect not to renew them, but desires the
privilege of selling whatever goods he may have
had on hand January 1, such person, upon sub-
mitting his application to the ~~~, ~<-< ~ - •'~ e ~--~'
shall pay a license tax of $55.00 plus ,55 cents
on each $100.00 of the retail value of such
goods as were on hand on January 1, and shown on
the complete and detailed inventory required by
Section ~fi-
(2) (a) Any person applying for a License
to conduct any sale contemplated herein that will
be completely concluded prior to midnight Decem-
ber 31, and has paid all lawful license taxes
required of such person for the calendar year
in which such sale will be completely concluded,
shall, upon submitting his application to the
%e~-iss~e~, .pay a license fee of $10.00
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Council mins. contd.
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July 3, 1962 !~ P. M.
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(b) Any such person, as is described
in paragraph (2) (a) above, applying for a
renewal license hereunder that shall expire
on or before midnight D,s e~~ber 31, shall
submit to the e~~'"r`~ with his renewal
application a renewal license fee of $7.50.
(c) Where any sale contemplated herein
commences in the latter part of one calendar
year and extends into the early part of the
following calendar year, the license tax for
that portion extending into new calendar year
shall be based upon Section 1.
(C) Surrender Of General License. Upon being issued 8
license hereunder fora oin -out-of-business sale the license
shall surrender to the commissioner all other business licenses
he may hold at that time applicable to the location and goods;
covered by the application for a license under this chapter.
Section V: Effect of License.
(A) Any license issued hereunder shall be upon the
following terms:
(1) Licensing Period. The license shall
authorize the sale described in the application
for a period of not more than ~c^ consecutive
days, Sundays and legal holidays excluded, fol-
lowing the issuance thereof.
(a) Renewal Procedure. The Treasurer
shall renew a license for one period of time
only, such period to be in addition to the
days permitted in the original license
and not to exceed ~'~ c`~ consecutive days,
Sundays and holidays excluded, when he finds:
(a-1) That facts exist justifying
the license renewal;
(a-2) That the licensee has filed
an application for renewal;
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Council mins. contd. July 3, 1962, ~ P. M.
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(a-3) That the licensee has sub-
mitted with the application for renewal
a revised inventory showing the items
listed on the original inventory remain-
ing unsold and not listing any goods not
included in the original application and
inventory.
(a-3a) For the purposes of this
subsection, any application for a license
under the provisions of this Ordinance
covering any goods previously inventoried
as required hereunder, shall be deemed to
be an application for renewal, whether
presented by the original applicant, or by
any other person.
(2) Type of Sale. The license hereunder
shall authorize only one type of sale at the
location named in said application, and shall
authorize only sale of goods described in the
inventory attached to the application.
(3) Non-Transferability. No license
hereunder shall be assigned or transferred.
Section VI: Duties of Licensee.
(A) Any person issued a license hereunder shall in
addition to all other provisions abide by and keep the following
terms of this Ordinance:
(1) Make no additions whatsoever,
during the period of the licensed sale, to
the stock of goods set forth in the inventory
attached to the application for license.
(2) Refrain from employing any untrue,
deceptive or misleading advertising.
(3) Conduct the licensed sale in strict
conformity with any advertising or holding out
incident thereto.
(4) Keep available at the place of sale
a duplicate copy of the inventory submitted
with the application and shall present such
duplicate to town officials upon request.
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Council mins. contd.
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July 3, 19b2, !~ P. M.
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(5) Keep any other goods separate and apart
from the goods listed in the filed inventory as
being objects of sale and shall make such distinc-
tion clear to the public by placing tags..- on all
inventoried goods in and. about the place of sale
apprising the public of the status of all such
goods.
Section VII: Penalties. Any person failing to obtain
application as provided hereunder, or who fails to abide by air
keep any of the provisions of this said Ordinance shall there-
upon be deemed guilty of a misdemeanor, and punished by fine
not to exceed the sum of $ ,~'~%? .~~ , or by imprisonment in jail
for a period not to exceed ~ ~' days, either or both. V~o-
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lation of more than one provision of this Ordinance shall be
considered to be separate violations, and each day that any
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person shall continue to be in violation of this Ordinance
shall constitute a separate offense.
Section VIII: Separability. If any section, sub-
section, sentence, clause, phrase or portion of this chapter]
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is for any reason held invalid or unconstitutional by any coy~rt
4
of competent jurisdiction, such portion shall be deemed a
a
separate, distinct and independent provision and such holdin
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shall not affect the validity of the remaining portions hereof.
This Ordinance shall become effective upon passage.
~Ct~ l
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1962.
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Adopted this ° day of~
TO KI, VIRGIN A t
BY „ ., - z .._._
Att ~=t: ,~ ayor
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Council mins. contd. July 3, 1962, !~ P. M.
Councilman McCarthy, reporting for the Finance
Committee, advised that Council with the Mayor and Town Manager
met and went over the budget at three seven o'clock breakfasts
and one night meeting, and after much discussion, reduced the
General Fund Capital Outlay X3,700.00, increased the General
Fund Operating Expenses $1,600.00 making a net General Fund
~7?2,28.00 PUDOET decrease of $2,200.(X7. The General Fund Reser~re for con-
APPROVFD FOR
PERIOD 1962-63 tingencies was increased from $2,914.00 to $6,11l~.00 (page 26
UPON R~+',CC1~i~iD. OF
FINA?~?CF COM;~ffTTEE of the proposed budget). The $1,500.00 increase in the General.
STJ~3J~~ CT TC PU~?LIC
HF'ARIATG Fund Operating Expenses is net addition due to salary adjustments,
and presented for Council's approval the Town Budget in the sum
of X772,828.00 for the period 1962-63, subject to a public
hearing.
Councilman Carrico moved that the report of the
Finance Committee be accepted; and that a public hearing be
set for the 24th day of July, 1962, at 1:00 P. M. on the 1962-63
Town Budget in the sum of $772,828.00. This motion was seconded
by Councilman Nash, and carried unanimously.
As a result of a petition from property owners
whose property borders on the alley between Eleventh Street-Twelfth
Street and Prospect Avenue-Randolph Avenu?, for a passable
ALIFY BrT 11th fir.
12th Sts. bet. thoroughfare, Chairman Nash reported that the Street Committee
RAND. AVF;. &
PROSPECT AVE. had looked at the condition of this alley, and except for one or
TO RECEIVE USUA?;
MA INTEN.?NCE OF two places where a very low car might drag, this al)_ey was in
A I,LF YS
better condition that many of the alleys in the town, and
recommended that it get the usual. alley maintenance. Councilman
Carrico moved that the report and recommendation of the Street
Committee be accepted, which motion was seconded by .Councilman
Cummings, and carried unanimously.
Mr. Nash further advised that the Street
Committee had looked at the situation on 5th Street and Wash-
REC~UFST FCR
REMOVAL OF ISLAND ington Avenue relative to a recent request from the Texaco
AT FTFTH & inrASH,
TO BE TAKk;N UP C~iITH Company that the island be removed, and the Committee recommend-
STATF HIC1H'~IAY DEPT.
FAR. RF~'nMr."FT?D4TI~N ed that Town Manager Noland consult with State High~ray Engineers,
and bring back a report to Council.
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Council rains. contd. July 3, 1962, 1~:00 P. M.
Town Manager Noland advised that the cost last
summer for cleaning Peak Creek was $1300.00 and that much of this
expense went for cost of cutting brush and hauling it away, there
being over l~,000 lin. feet of growth on the two walls. He further
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stated that the Bartlett Tree Experts had given the Town a maximum ':.
price of $11.00.00 for spraying this growth, with the hope of getting
r~ROGITH IN PEAK about an 80~ kill. Discussion followed as to what affect sprays would
CREEK TO
P,ECEIVI?. SPRP.Y have on fish in the stream and the law governing the spraying of
JOTS
creek banks. Councilman McCarthy moved that Town Manager Noland
and Town Attorney Moore check into the legal aspects, and if there
appeared to be no legal reasons against same, authority be granted
to proceed with the program. The mot.an was seconded by Council-
man Cummings, and carried unanimously.
Town Manager Noland advised that Adams Construction
Company had Quoted a price of $0.61 per sq. yd., or $9.90 per ton
for I-3 Plant Mix to be applied to Main Street from Washington
MAIN ST. FROM
?~1ASH.AVT?. TC Avenue to Madison Avenue, and Washington Avenue from Main Street
MADISCPI & LdASH.
AVE. FRC:~I MAIN to Third Street, an estimate of 3465 sq. yds. Councilman Carrico
TC 3RD. ST. TO
RECEIVE PLAPJT moved that the Town Manager be authorized to proceed with this work i
MIX SLTR.T~ _0. CING
immediately upon the quotation of Adams Construction Company. This i
motion was seconded by Councilman Nuckols.
It was the recommendation of Town Manager Noland that;
a portion of Peppers Ferry Road hill not be resurfaced with plant
mix this year.
There being no further business, the meeting
adjourned at 5:35 P. M.
Approved:
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Mayor
ATTEST:
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