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Home My WebLink About07-19-604 ~ Nitrates of the regular meeting of the Pulaski Town Couneil held on the 19th day of July, 1960, at lt:00 p. m., in the Nutti.cipal office. There were present: Mayor C. V. Jackson, presiding. Councilmen: W. S. Cummings, W. A. Larson, W. F. White, F. L. Carrico, Glen K. Aust, J. W. Nash Councilmen-elect: Eugene Nuckols and Claude Gallimore Absentz J. A. Martin, T:. J'. AcCarthy A1sQ presents Town Manager: T. B. I~cc~].and Clerk: 6~:at~y's R. Dalton Town Attorney: Garnett S. Moore Visitors: Bill Akers, reporter for Southwest Times Lane' Whitley 3'he imrocation was given bg Town Manager Noland. Nitrates of the regular meeting of July 5th were approved. Mayor Jackson welcomed Councilmen-el~et Eugene Nuckols and Claude Gallim~re. Mayor Jackson declared the meeting to be a public hearing for the purpose of hearing any persons who wished to appear either for PUBLIC HEARING . ~, ON 1940-61 or .against th® proposed budget for tkte fiscal year July 1, 1960 - ~ BUDGET; ADOPTION E_--! OF BUDGET BY June 30, 1961. ~o one appeared either for ~ against said proposed COUNCIL, AS FOLLOWS: budget,. and after a short discussion of same by members of Couneil and Council-elect, the public hearing was declared at an end, and on motion of W. F. White, seconded by J. W. Nash, and on the following recorded vote, the 1960-61 budget was adopted, as follows.: W. S. Cummings -aye F. L. Carrico -aye W. A. Larson -aye J. W. Nash -aye W. F. White -aye Qen K. Aust -aye J. R. Martin -absent T. J. McCarthy -absent ~ad~et Summery follows, pages 3222'thru 3228 13222 . . ~ ~ t '° ~ ~ ~ s, ~~~ ~~~~~ .~ ;~ Y ~c-4 ~~y S ~ 6 4 . ~ 1 je~~ f, .~ E' i. 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July 19, 1960, 1t p. m. Town Manager Noland stated the municipal building on the corner of 1st Street and Washington Avenue had been cleared of all storage up stairs and most of down stairs, leaving only the entrance lobby, Town Engineers office and Parking Meter shop; that Jefferson Mills would install a partition just back of the Parking Meter shop, making available to the Mill all of the space ADDL.SPACE LEASED on the first floor with the exception of the rooms referred to JEFF. MILLS IN above, He furtheristated Jefferson Mills' rental of the building MUNICIPAL BLDG. AT RATE OF 15¢ PERwould be based on 15¢ per square foot, per year, plus maintenance SQ. FT. of the elevator and payment for electricity, which would mean additional rental by the town of a net increase, in effect, of about $100.00 a month. On motion of W. S. Cummings, seconded by Glen K. Aust, and carried unanimously, it was RESOLVED, that the additional space in the municipal building; at 1st Street and Washington, be rented to Jefferson Mills as out- lined by Town Manager Noland. Town Attorney Moore advised Council he had had no reply to his recent letter to the Cleveland, Ohio Attorney with reference to income from the sum of $2,000. for perpetual care of the Martin lot in.0akwood Cemetery, but that in the meantime he had been notified by Mr. Quillen, an Attorney in Gate City, Virginia, TOWN ATTY. REPORTED ON RECEIPT OF of the receipt of $100.00 from the estate of Mrs. Julia H. Catron, $100.00 from Mrs. CATRON~S ESTATE to cover perpetual care for the Pobst lot in Oakwood Cemetery; both ~f FOR PERPETUAL CARE OF POBST LOT IN which matters would be brought to Council at a later date, with OAKW00~ CEMETERY proper resolutions for adoption by Council. On motion of W. A. Larson, seconded by W. S. Cummings, and on the following vote, the following ordinance was adopted: ADOPTION OF ORDINANCE WITH. REFERENCE TO ITINERANT VENDORS, ETC. W. S. Cummings -aye W. A. Larson - aye W. F. White - aye J. R. Martin - aye F. L. Carrico - aye J. W. Nash - aye Glen K. Aust - aye T. J. McCarthy -aye 3230 Council Mins. contd. July 19, 1960, 1t p. m. AN ORDINANCE DEFINING, REGULATING AND LICENSING TRANSIENT MERCHANTS, ITINERANT MERCHANTS, AND ITINERANT VENDORS, AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. ORDINANCE BE IT ORDAINED BY THE COUNCIL OF THE TC~n1N OF PULASKI, VIRGINIA: Section 1. License Required. It shall be unlawful for a transie~ mere ant, itinerant merchant or itinerant vendor as defined in Section 2 of this ordinance to engage in such business within the Town of Pulaski without first obtaining a license therefor in compliance with the provisions of this ordinance. Section 2. Definitions. For the purpose of this orcli'n~nce a transien merchant, itinerant merchant or itinerant vendor is defined as any person, firm or corporation, whether as owner, agent, consignee or employee, whether a resident of the town nr not, who engages in a temporary business of selling and delivering goods, wares and merchandise within said town, and who,in furtherance of such purpose, hires, leases, uses or occupies at~y building, structure, motor vehicle, tent, railroad box car, or boat, public room in hotels, .loding houses, apartments, shops, or any street, alley, lots, or other place within the town, for the exhibition and sale of such goods, wares and merchandise, either privately or at public auction provided that such definition shall not be construed to include any person, firm, or corporation who, while occupying such temporary location, does not sell from stock, but exhibits samples only for the purpose of securing orders for future delivery only. The person, firm, or corporation so engaged shall not be relieved from complying with the provisions of this ordinance merely by reason of associating temporarily with any local dealer, trader, merchant or auctioneer, or by condu~.tit;g such transient business in connection with, as a part of, or in the name of any local dealer, trader, merchant or auctioneer. or in the city, county and state of applicant's permanent residence, certifying as to the applicant's geod.chabacter and business responsibility, or other evidence which establishes to the satisfaction of the Treasurer the good character and business responsibility of such person or persons; (c) The place or places in the Town of Pulaski where it is proposed to carry on applicant's business, and the length of time during which it is proposed that said business shall. be conducted; (d) The place or places, other than the permanent Section 3. Application. .Applicants for license under this ordinance, whe er a person, firm or corporation, shall file a written sworn applications signed by the applicant, if an individual, by all partners if a partnership, and by the president if a corporation, with the Town Treasurer, showing: (a) The name or names of the person or persons having the management or supervision of applicant's business during the time that it is proposed that it will be carried on in the Town of Pulaski; the local address or addresses of such person or persons while engaged in such business; the permanent address or addresses of such person or persons; the capacity in which such person or persons will act (that is, whether as proprietor, agent or otherwise);. the name and address of the person, firm or corporation for whose account the business will be carried on, if any; and if a corporation, under the laws of what state the same is incorporated; (b) The fingerprints of the person or persons having the management or supervision of applicant's business or in lieu thereof, at least three letters of recommendation from reliable property owners in the County of Pulaski, State of Virginia, place of business of the applicant where applicant within the ~~3 ~ I Council Mins. contd. July .19, 1960, !~ p. m. six months next preceding the date of said application conducted a transient business, stateing the nature there- of and giving the post office and street address of arty building or office in which such business was conducted; (e) A statement of the nature, character and quality of the goods, wares or merchandise to be sold or offered for sale by applicant in the Town of Pulaski, the invoice valve and quality of such goods, wares and merchandise, whether the same are proposed to be sold from stock in possession or from stock in possession and by sample; at auction, by direct sale or by direct sale and by taking orders for future delivery; where the goods or property proposed to be sold are manufactured or produced and where such goods or products are located at the time said applica- tion is filed; (f) A brief statement of the nature and character of the advertising done ar proposed to be done in order to attract customers, and, if required by the Treasurer, copies of all said advertising whether by handbills, circular, news- paper advertising, or otherwise, shall be attached to said application as exhibits thereto; (g) Whether or not the person or persons having the management or supervision of the applicant's business have been convicted of a crime, misdemeanor or the violation of any municipal ordinance, the nature of such offense and the ORDINANCE punishment assessed therefor; (h) Credentials from the person, firm or corporation for CONTINUED which the applicant proposes to do business, authorizing the applicant to act as such representative; and (i) Such other reasonable information as to the identity or character of the person or persons having the management or supervision of applicant's business or the method or plan of doing such business as the Treasurer may deem proper to fulfill the purpose of this ordinance in the protection of the public good. .Section l.t. Investigation and Issuance. Upon receipt of suc-F'application, a easurer of sai Town shall request the Chief of Police to make an investigation of such parson's or persons' business responsibility or moral character to be made as he deems necessary to the protection of the public good. If, as a result of such investigation, the applicant's character and business responsibility are found to be unsatis- factory, the application shall be denied. If, as a result of the investigation, the character and business reputation appear to be satisfactory, the Treasurer shall so certify in writing, and upon compliance with other provisions of this ordinance, a license shall be issued by the Treasurer. The Treasurer shall keep a full record in his office of all licenses issued. Such license shall contain the number of the license, the date the same is issued, the nature of the business authorized to be carried on, the amount of the license fee paid, the expiration date of said license, the place where said business may be carried on under said license, and the name or names of the person or persons authorized to carry on the same. Section 5. Bond. Before any license, as provided by this o~cr Tinance, s a be issued for engaging in a transient or itinerant business as defined in Section 2 of this ordinance in the Town of Pulaski, such applicant shall file with the Treasurer a bond running to the Town of Pulaski, in the sum of $1,000.00 executed by the applicant, as principal, and a surety satisfactory to the said Treasurer, upon which service of process may be made in the State of Virginia; said bond to be approved by the Town Attorney, conditioned that the said applicant shall comply fu]1y with all of the provisions of the ordinances of the Town of 3~3`? Council Mins. Contd. July 19, 1960, ~ p. m. Pulaski and the statues. of the State of Virginia, regula- ting and concerning the sale of goods, wares and mer- chandise, and will pay all judgments rendered against said applicant for any violation of said ordinances or statutes, or ar;y of them, together with all judgments and costs that may be recovered against him by any person or persons for damages growing out of any misrepresentation or deception practiced on:_agy person transacting such business with such applicant, whether said misrepresentations or deceptions were made or practiced by the owners or by their servants, agents, or employes, either at the time of making the sale or through atYy advertisement of any character whetsoever, printed or circulated with reference to the goods, wares and merchandise sold or any part thereof, Action on the bond may be brought in the a name of the Town to the use of the aggrieved person. Such bond must be paproved by the Town Attorney, both as to form, and as to the responsibility of the sureties thereon. ORDINANCE Section 6. Service of Process. Before any license as herein provic~c~Fis ah be issue or engaging in business as an itinerant CONTINUED merchant, as herein defined, in the Town of Pulaski, such appli- cant shall file with the Treasurer an instrument nominating And appointing the Treasurer, or the person performing the duties of such position, his true and lawful agent with full power and authority to acknowledge service of notice of process for and on behalf of said applicant in respect to any matters connected with or arising out of the business transacted under said license and the bond given as required by Section 5 of this ordinance, or for the performance of the conditions of said bond or for any breach thereof, which said instrument shall also contain recitals to the effect that said applicant for said license consents and agrees that service of any notice or process may be made upon said agent, and when so made shall be taken and held to be as valid as if personally served upon the person or persons applying for the said license under this ordinance, according to the law of .this or arty other state, and waiving all claim or right of error by reason of such acknowledgment of service or manner of service. Immediately upon service of process upon the Treasurer, as herein provided, the Treasurer shall send to the licensee at his last known address, by registered mail, a copy of said process. Section 7. Exhibition of License. The license issued under this ordinance s e pose conspicuously in the place of busi- ness named therein. In the event that such person or persons applying for said license shall desire to do business in more than one place within the Town, separate licenses may be issued for each place of business, and shall be posted conspicuously in each place of business. Section 8. Fees. (a) Licensees under this ordinance shall pay a a fee in`~e amount of Fifty Dollars ($50.00), a part of which shall be used for making such investigation as is provided hereunder and an additional amount upon the gross amount of sales by such person, which shall be at the rate of $0.13 per hundred dollars of receipts. (b) Every person conducting a business licensed under this ordinance shall, on the first business day of each week, and upon discontinuance of business a;n the Town of Pulaski, present to the Treasurer of said Town, at his office, a verified statement showing the total sales made during the preceding week and shall pay to the Treasurer the amount of license fee hereinbefore provided, for sales made during the previous week. The Treasurer and any other officer designated by him shall have power and authority to enter any store, building, or arty other place in which such temporary business may be conducted at any time during business hours for ascertain- ing the amount of sales made and shall at all times have access to the books of sack business. Section 9, Transfer. No license shall be transferred U~3 ~ ~ Council Mins. Contd. July 19, 1960, Lt p. m. without written consetat fram the Treasurer as evidenced by an endorsement on the face of the license by the Treasurer showning to whom the license is transferred and the date of the transfer. Section 10. Loud Noises and Speaking Devices. No licensee under this o finance, nor any one In his behalf shall shout, make any outcry, blow a horn, ring a bell or use arty other sound device including any loud speaking radio or amplyfying system upon any of the streets, alleys, parks or other public places of the said town or upon any private premises in the said Town where sound of sufficient volume is emri.tted or produced therefrom capable of being plainly heard upon the streets, avenues, alleys or parks or other!, public places, for the purpose of attracting attention to any goods, waxes or merchandise which such licensee proposes to sell. Section 11. Duty of Police to Enforce. It shall be the duty o e police o Zcers o e own o Pulaski to examine all places of business and persons in their respective territories subject to the provisions of this ordinance, to ORDINANCE determine if this ordinance has been complied with and to enforce the provisions of this ordinance against any person found to be violating the same. CONTINUED Section 12. Records. The Treasurer shall deposit the recorc~f ngerprin s of licensee, together with a license number, with the Chief of Police; the Chief of Police sha]1 report to the Treasurer. any complaints against any person license under the provisions of this ordinance and any conviction for violation of this ordinance; the Treasurer shall keep a record of all such licenses and of such complaints and violations. Section 13. Revocation of License. (a) The permits and license`s ssued pursuan o s or finance may be revoked by the Treasurer of the Town of Pulaski, after notice and hearing, for atpy of the following causes: {1) Any fraud, misrepresentation or false statement contained in the .application for license; (2) Any fraud, misrepresentation or false statement made in connection with the selling of goods, wares or merchancise; (3) Any violation of this ordinance; (1~) Conviction of the licensee of any felony or of a misdemeanor involving moral turpitude; or (5) Conducting the business licensed under this ordinance in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public. (b) Notice of hearing for revocation of a license shall be given in writing, setting forth .specifically the grounds of the complaint and the time and place of the hearing. Such notice' shall be mailed, postage prepaid, to the licensee, at his last known address, at least five (5) days prior to the date set for the hearing. Section 1l~. Appeal. Any person aggrieved by the decision of t e reasurer in regard to the denial of application for license as provided for in section ~ of this ordinance or in connection with the revocation of a license as provided for in Section 13 of this ordinance, shall have the right to appeal to the Council of the Town of Pulaski. Such appeal shall be taken by filing with the Council within fourteen (lit) days after .notice of the decision by the Treasurer has been mailed to such 323 Council Mins. Contd. ORDINANCE July 19, 1960, !t p. m. person's last known address, a written statement setting forth the grounds for the appeal. The Council shall set the time and place for a hearing on such appeal and notice of such hearing shall be given to such person in the same manner as provided in Section 13 of this ordinance for notice of hearing on revocation. The order of this Council on such appeal shall be final. CONTINUED Section 15. Expiration of License. All licenses issued under a provisions o is or lnance shall expire 120 days after the date of issuance. Section 16. Penalty. At~y' person, firm or corporation viola ing aily of a provisions of this ordinance shall, upon conviction thereof, be pnt~shed by a fine not to exceed One Hundred & Fifty Dollars ($150.00), or by imprisonment. not to exceed 60 days or both such fine and imprisonment. Section 17. Severance Clause. If arty section, sentence, clause or phrase o is or lnance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses or phrases of this ordinance, or the ordinance as an entirety, it being the legislative intent that this ordinance shall stand notwith- standing the invalidity of such section, sentence, clause or phrase.. Section 18. Effective Clause. This ordinance shall be effec ve upon passage. Town Manager Noland advised that Mrs. Mollie George had made application for permission to place a house trailer on the vacant lot at 1703 Randolph Avenue, and on motion of F. L. Carrico, seconded by Glen K. Aust, and unanimously carried, it COMM. RECOMMENDS was MRS. GEORGE' S APPLICATION FOR RESOLVEDs that Mrs. George's application be placed PARKING HOUSE TRAILER ON RANDOLPH AVE. in the hands of the Buildings, Grounds and Parks Committee for T0'.BE "DISCUSSED AT PUBLIC HEAR- recommendation. Inasmuch as Mrs. George had asked that she be ING, AUG. 2ND advised on the day of the meeting, Council withheld further business until the Committee could meet. After the Committee had met in a separate room, Chairman Cummings advised that the Buildings, Grounds and Parks Committee recommended that a public hearing be advertised. in the Southwest Times, a local newspaper, to be held at the next regular meeting of Council, August 2nd, to determine if there were any persons in this nea~ghborhood who objected to the parking of a house trailer at 1703 Randolph Avenue. On motion of F. L. Carrico, seconded by W. F. White, and carried unanimously, it was RESOLVED, that the Committee's recomw~ndation be accepted. J~~ Council Mins. Contd. July 19, 1960, ~. p. m. Town Attorney Moore presented to Council a resolution authorizing the Town Manager and Town Clerk to sign on behalf of the Town of Pulaski, an "Agreement by Municipality or Political Subdivision to Maintain Highway Improved under Provisions of Federal Highway Act as Amended and Supplemented", with regards to the improvement of 1.001 mile of Route 99 within Pulaski from 0.138 mile east of intersection Route 11 to E.C.L. Pulaski, from Station 16+70 to Station 69+81.60, designated State Project 0099-125-070, B-1, B-2, MGR. & CLERK AUTHORIZED TO Federal Project US-125-2(1). On motion of W. F. White, seconded by SIGN AGREEMENT WITH STATE HWY. F. L. Carrico, and on the following vote, the following resolution and DEPT. WITH REFERENCE TO PARKING ON Agreement were adopted: STATE RT. 99 IN CORP. LIMITS W. S. Cummings -aye F. L. Carrico - aye W. A. Larson - aye J. W. Nash - aye W. F. White - aye Glen K. Aust - aye J. R. Martin - absent T. J. McCarthy - absent BE IT RESOLVED by the Council of the Town of Pulaski, Virginia, at the regular session on this 19th day of July, 1960, as fO110W8: WHEREAS, W. A. Woodward, Jr/, Associate Urban Engineer, Department of Highways, has forwarded to the Town of Pulaski a contract entitled "Agreement by Municipality or Political Subdivision to Maintain Highways Improved under Provisions of Federal Highway Act as Amended and Supplemented"; a copy of said agreement being hereby incorporated by reference RESOLUTION and hereby directed to be spread verbatim in the minutes of this meeting; and, WHEREAS, the said Department of Highways requests concurrence in the aforesaid instrument; NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Pulaski, Virginia, that the aforesaid incorporated agreement be, and the same is hereby, ratified and the said Town does concur in the terms thereof, and does by these presents authorize and direct the Town Manager of the Town AND of Pulaski, Virginia, to execute on the part of and for the said Town, the above referred to agreement, and the Town further directs that the Clerk attest said agreement. AGREEMENT BY MUNICIPALITY OR POLITICAL SUBDIVISION TO MAINTAIN HIGHWAYS IMPROVED UNDER PROVISIONS OF FEDERAL HIGHWAY ACT AS ~DDTDED 'AND SUPPLEMENTED The Town of Pulaski, State of Virginia, hereinafter AGREEMENT referred to as Pulaski, and the Virginia Department of Highways, hereinafter referred to as the Highway Department, hereby agree as follows 1. That the Highway Department will submit a project f for the improvement of 1.001 mile of Route 99 within Pulaski from 0.138 mile east of intersection Route 11 to E.C.L. Pulaski, from Station 1b+70 to Station 69+81.60, designated State Project 0099-125-070, Bail, B-2, Federal Project US-125-2(1). 323 Council ~4ins. Contd. July 19, 1960, !~ p, m. 2. Pulaski hereby requests the Highway Department to submit the aforementioned project with recommendation that it be approved by the Bureau of Public Roads and agrees that if such project is approved and constructed by the Highway Department arrl the Bureau of Public Roads, it, thereafter, at its own cost and expense, will. maintain the project, or have it maintained, in a manner satisfactory to them or their au- thorized representatives and will make ample provision each year for such maintenance. 3. Pulaski Hereby agrees that the location, fornn and character of informational, regulatory, warning signs, curb and pavement or other markings and traffic signals, in- stalled or placed by anpr public authority, or other agency shall be subject to the approval of the State Highway Department with the .concurrence of the Bureau of Public Roads. !~. Parking will be permitted on one side only between Madison Avenue and First Street, N. E. Elsewhere, on the project, parking will be prohibited on both sides at all times. AGREEMENT 5. At places where parking is prohibited, the appropriate NO PARKING signs ~rhall be erected. The size, design and color of such signs shall conform to the standards as shown in the latest edition of the Manual on Uniform Traffic Control Devices. .__.,___ CONTINUED 6. Parking, where permitted, will be parallel with and adjacent to the curb. No double or angular parking ~i11~..be allowed at any time. 7. Where parking is permitted, the limits of the parking zones parallel to the curb shall be marked with white lines at a distance of seven feet from the face of the curb and perpendicular to the line of the curb. 8. Pulaski agrees to participate in the cost of the project in accordance with the following: PULASKI'S SHARE Item Estimated Cost ~ Amount Road Construction $383,91~~.00 25 $ 95,986.00 Storm Sewer Mains 31,196.00 30 9,358.80 Sign by State Forces 550.00 50 275.00 Word by N. & W. R. ft. 1,620.00 25 1,155.00 .Right of Way 90,000.00 25 22,500.00 Demolition 550.00 25 137.50 Triple 5' x 5' Box 11,226.00 25 2,806.50 Bridge over Peak Creek 16,570.00 25 11,6l~2.50 Totals $568,656.00 $11a3,8b1.30 IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, the Town of Pulaski on the 19th day of July, 1960, and the Highway Department on the 25th day of July, 1960. TOWN OF PULASKI By /s/s T. B. Noland, Town Manager Attest: /s/ Gladgs R. Dalton, Clerk COMMONWEALTH OF VIRGINIA, DEPT. OF HIGHWAYS By /s/ Deputy State Highway Commissioner There being no furthur business, the meeting adjourned at 5:30 p. m. Approved: At st: yor er 1 1 ~~