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HomeMy WebLinkAbout07-03-62.~ ~~ `~'~~3 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. 1 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 1 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: 4 tKF'.:.r; ' ~;,~, err,. w-~+~,'. .~,~. Council mins. contd. ,rr.-r ~~~ July 3, 1962, 1~ P. M. ,~.~ '. •- a t ~,_ e ~ .r ~. ~ - ~. + ~ i x a ,t. i .. __ _~ -- , 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. .. ___ - _ t .:.<~ ,~ ..z ~~~~~ Council mins. contd. 1 k,'...; ~ 1.. . ~ ~~`' ~ al'~5: R a. 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. - 2- :, , ~rU.. ~~ r «. r. ,R a t, j'~, r .r ~K` { y ~x ':~w . ~. Council mins..contd. July 3, 1962, ~ p. M. _. .arc .~ w.+f~ >,A,..a ~~ i. -~. 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, ~~ 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, -3- „~~. .. s ,t :4 ~~~58 Council mins. contd. '•H • 4 ~k. July 3, 1962, 1~ P. M. 'f .. .~ fn RH rw y~~~ ~ •. ' (fie AR ~`. .t ~ \ x ~,y (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 -4- ~_~ y4,;~ ~-' ~` ~~~9%~ +~~ 'a '~ .-r - - Council mins. contd. ,~~~ •:.. ~ ,, ~~ c July 3 1962 !~ P. M. ~°""~~~ > > i 4 r 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 i1 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 -5- ¢t ~, .. ~ ~" "O Council mins. contd. ~•.~.. ~ _ _. .T_. ~; ~. _. .~ ' ~~.^`.: «: July 3, 1962, L~ P. M. .~ 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 . ~ ~. ~~_~ ~~,~_~,r -6- ~~ Z._~Y .,- ft 1 ~' ~ . '~ V 1~ > +• . ; y. .. _. . ~ 1. ~` ... Council mins. contd. ~,, ~ . Ar July 3, 1962 !~ P. M. i ~' :+ y ~v_. ~_q F.~ C t'• .'~' (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; _~_ ~~5~2 Council mins. contd. July 3, 1962, ~ P. M. • 4 w }~i; tiv" ~ ifj ~,'. .. o '~ ~ ~ t . `~~ ~* ~,~ a :~ r~ ~'-`'1sx h h ~",r`e iiY ~` ~'t k! ~j t ,. ~ t {~ ..'.L_~ar~'. .,~ ±,~a s s (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. -8- Council mins. contd. ~~ July 3, 19b2, !~ P. M. ,._ ---- __ - - ~} -_ f (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- I lation of more than one provision of this Ordinance shall be considered to be separate violations, and each day that any I 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] i 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 E shall not affect the validity of the remaining portions hereof. This Ordinance shall become effective upon passage. ~Ct~ l ~ 1962. ~, Adopted this ° day of~ TO KI, VIRGIN A t BY „ ., - z .._._ Att ~=t: ,~ ayor i ~~~ ~ ~~ ~ ~~ ~ . a . ~~ f C e -~- ~s4 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. ~~r r ~~,) 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 f 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: n II I U i ~~~~ Mayor ATTEST: e