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HomeMy WebLinkAbout1955-12-19 Minutes148 1018°ESiviB3�iS�dCri�'oueliTi�ei �i fli�tOFtiffiYLT �C;LLE,ARKANSAS,AND FOR .ar merting of the Council September 2'Ii.1954, and.read for the second time at the .ar meeting of Deptbnbsr 20th,1954,and left on its second reading at that time was :d up by Alderman Hunt, who made a motion that it be placed on its third reading, motion was seconded by Alderman McAllister, which was passed unanimously. The Clerk then read the Ordinance the third time. the Mayor then put the.question "Shall the Ordinance pass?, and on roll call by the Clerk; the following vote was recorded _AC'S: NONE. Nays: Rlchardson,Pa`rish,Hunt, Lunsford, i'illiams, McAllister, Bronson and Alexanc�er.And the Mayor declared the Ordinance failed o pass, as there were.no Ayes, and 8 Nave, Alderman Richardson made a motion that City Auditor Albert Jones be dOMBENDED -for writing an article on "FINANCING EQUIPIJiENT REPLACE15INT ON A PLAUNED BASIS; WHICH :"IAS BLISHED IN THE DECEI:4BER ISSUE OF THE AIYERICAN CITY MAGAZIBIE, this motion was seconded by Alder -Tan Williams, and' was passed unanimously. Alderman Williams made a motion that Mayor Roy A Scott be congratulated for being,;elected as one of the VICE PMI SIDENTS of the Arkansas Municipal League at their con- ln on November 28th 3c 29th at Little Rock, this motion was seconded by Alderman Lunsfor , ad was passed unaimously by the Council. o ask fr Alderman Alexander made a motion that the Board of Public Affairs be authorized To ask for bids for two cars for the Police Department, with a trade in allowance on the bids on two now in use, also to ask for a bid on a car for the Fire Chief, with a trade in allowance 2olice c9z or the one now in use by the Chief, this motion was seconded by Alderman Richardson,and 11for vias passed unanimously. Fire Chief Alderman Richardson made a motion that the Iv'iayor be allowed an increase of MCyor $25.00 CAR ALLOWANCE, effective January 1st, 1956, this motion was"seconded by Alderman i crease Aexander, and on roll call by. the Clerk, the following vote was recorded:'Ayes: Richardson, f P�arish,Hunt,Lunsford, %lilliams, McAllister and Alexander. Nays:Bronson. And the Mayor r car declared the motion passed, as there were 7 Ayes, and 1 nay. a lowance Alderman Richardson reported that the bills had been approved by the Auditing Committee, and made a motion that they be allowed as approved, this motion was -seconded by Alderman Alexander, and -was passed unanimously. - There being no further business, Alderman Richardson made a motion to adjourn, seconded by, Alderman Bronson, which was passed unanimously, and the Mayor declared the Cbuncil adjourned. C Pllat of Subset Hills Aldi & Ibport o P.Com Attest ; �, � cy� fC4..q C i�5 C e r Approved : Ian r. Fayetteville City Council met in reSular session, Monday, December 19, 1955. sent: Mayor Roy A Scott, City Clerk J.W.McGehee, Ciby Attorney A.D.McAllister, City ineer W.C.Smith, City Auditor Albert Jones, City Building Inspector Harold Lieberenz, of of Police Pearl Watts, Fire Chief Burl Skelton,and Aldermen: Richardson,Parish, sford, Williams, Bronson and Alexander. Absent:Aldermen Hunt and Iti4cAllister(Alderman llister appeared .later in the meeting) ii nutes of the regular meeting of December 5th, were read and approved. :he report of the Planning Commission on the proposed plat of SUNSET HILLS ADDITION, whic'. had beeh referred to the Planning Commissionat the last regular meeting was presented and rad by the Clerk, said report be as follows: tion REPORT OF THE PLANNING COIMISSION: 7 Is of 1 P S1 t: sl p al 6 This proposed plat was referred by the Council to the Planning Commission for study recommendation by the Commission at the last meeting of the Council. The proposed plat lies on a hillside sloping generally to the north. Because of tIis pe there have beeb problems in obtaining adequate streets. One of tiiese,namely Sunset ve will furnish a thorough connection between Cleveland Street and Highway 16.\T he other posed streets are short,feeder streets,and will not be extended beyond their present es. The Planning Commission is fully aware of the suggestion of the Council that all streets should be platted so as to have a minimum width of 50 feet. In the case.;of, Valley w Drive,Oak Drive and Vista Drive it is the opinion of the Commission that no advantage ld be gained by insisting on'the 50 foot width, as none of these are designed to -ever ry more traffic than that of the residents of these short streets. In the case of Sun- Drive,there has been a question in the minds of the Commission.However it is called to attenyion that the portion of Sunset Drive lying south of the proposed plat and Cleve d Street is only 30 feet wide at the present time. It is also noted that this area is ctically built up solidly,and that is almost an impossibility to widen the portion of set Drive in the area putside the proposed plat. Taking these factors int6 consideration, Commission has decided to recommend the acceptance of the plat by the Council. It is further called to the abtention of the Council that th$s tract was veyed several months ago,and it is only because of the illness of Mr.Utley,one of the tters, th'lt this plat was not presented to the Council and the Commission for approval acceptance several weeks before the above mentioned resolution of the Council was passed. The Planning Commission at a meeting held on December 16th,with 7 Of the members present, unanimously approved the plat and recommends its acceptance by the Council. Planning Commission of Fayetteville,) By (s) W.H.Pryor, Chairman A derman Parish made a motion that the Plat be approved, and the City Attorney instructed to prepare the Ordinance accepting the plat, this motion was seconded by Alderman Bronson, an, was passed unanimously. r] l • i 149` Tae Plat of JACKSON'S FIRST ADDITION was presented, and after examination by members of trie Council, the report of the Planning Commisalon was presented and read by the Clerk, said report being as follows: REPORT OF THE PLANNING C0181OSSION. In -Re- Proposed Plat of Jackson's First Addition. his plat has been filed in the office of the City Clerk,but has not been referred to the anning Commission. To expidite consideration of this plat,the Planning Commissiln at its eting held on December 16th2with 7 of its nine members present'has duly studied this plat, d herewith makes its recommendatiohs. Before the Commission can recommend acceptance of this plat, .further informat necessary. Idlr.Harry O.Jackson, owner and proprietor of a considerable tract of land, atli of the proposed plat,all of which potentially will be platted,in the future. Vie feel that the future development of this area must be considered along wi e area now under consideration. It is perfectly obvious that future plans in platting at take into consideration the need of planning through streets from Highway 45 or Miss alevard to Ribekwood Trail. One of the imperative needs is a through street extending fr ckwood Trail to Highway 45 or Mission Boulevard in such a way that school children livi the -Rockwood Trail area can get to Root School without the dangerous necessity of walk ong IJlission Boulevard for a long distance. The proposed plat makes no provision for streets wider 'than 40 feet, and especia rough streets sholud be of a greater width. In addition Lots 4 & 5 of Block l show the istence of 2 high pressure 6 inch gas lines placed in such position that it'-sould not b ssible to construct houses on either of these lots without placing them on top of these gh pressure lines. As the easement for these gas lines'was acquired several years ago, d as Lor Jackson knows that these lines are there, it is the feeling of the Planning Com scion that the streets should so laid out that'these gas lines would not cross platted ts,but should beat the side of a street or avenue, runninp, parallll with the gas lines. IThe Commission feels that it is distinctly within its provincem;to call attention o the presence of the gas lines, and in sustaining this position,the council is referred o Sec. 19-2812 of the Arkansas Statutes designating the duties and obligations of Planni ommissions,part of which I am quoting. "The City Planning Commission shall make a compre ensive study in accordance with present and future needs,the safety, morals,order, cone ience , prosperity and general development of the citizens;efficiency and economy in the rocess of development,convenience or traffic;safety from fire and other dangers;" By unanimous vote of the 7 members present at this meeting, the Commission ecommends that this plat be not accepted by the Council until the above requirements be et,not only by so arranging the plat as to have the high pressure gas lines placed in a treet,biit also with a definite assurance that I,4r.Jackson shall so lay out his streets t here will be adequate means of ingress and egress between Mission Boulevard and Rockwoo rail. It is the belief of the Com.-nission that at least one of these means of Ingres egress should parallel the high pressure gas lines the entire distance across LIr.Jac erty. on ly Planning Commission of Fayetteville By (s) W.H Pryor, Chairman Jackson Iderman Williams made a motion that the report and;hecbibmendagions_6fr:the Plann ngvCom- lat i5sion be approved, including the recommendation that all streets be not less thaa50 feet, enied his motion was seconded by Alderman Lunsford, and was passed unanimously. The Building Inspector presented the application of L.G.Burrell for a permit for he Elks' Club at 1121 W.Center Street, Alderman Richaddson madd a motion that permit Io.1911 be issued to L.G.Burrell, this motion was seconded by Alderman Alexander, and was assed unanimously. The Building Inspector presented the application od Bob Sweetzer forte permit at the Cities Service Station on West Dickson St.Alderman Bronson made a motion i hat permit No. 1917 be issued to Bob Sweetzer provided all provisions of the Building Qrdinances are complied with, this motion was seconded by Alderman Alexander, which was passed unanimously. The request of Fount Allen for a permit (No.1893) to attach a storm door to Fount count's Grill at the corner of Mountain Street and College Avenue, was brought up again )len by the Building Inspector, and after discussion, Alderman Richardson made a motion that the Permit Permit be'denied, this motion was seconded by Alderman Bronson, and was passed unanimously. rejected (At this time Alderman IvIcAllister appeared, and his presence noted by the Clerffk) The L4ayor reported that there were 4 bids received to furnish a tractor equipped with ditch digger and fromt end loader for the water Department,said bids having been opened)) by he Mayor and Vlater Superintendent, which showed that the following firms had submitted he two lowest bids: Hailey Sales Company...... 850 Ford Tractor for $3,564.00 Springdale Tractor Co. Ferguson 35, wich is equivalent to a 650 ford tractor for ........ 31200.00 The Llayor reported that he had requested an opinion from the City Engineer as to which which would be the best buy, and his opinion is as follows: Members of the Board of Public Affairs: Gentlemen: I have examined the bids received from four bidders for furnishing a tractor quipped with a ditch digger and front end loader to the Water Department of the City of • ayetteville. Z nib ini F e.d xsidKtii3sS �S4IiKtXi id_�isSTe :Si4T �FCiSrii i A d ;{y 3 §62t JJ adxH�tl#' The low bid of $3200 and the next low bid of p3564* are the primary bids to ble onsidered. It is my recommendation that the Hailey Sales Company bid of $3564 be accept�d f r the following rtasons: This Company has bid on furnishing the 850 Ford Tractor which i s st eir heaviest and most powerful tractor. The Springdale Tractor Company bid on furnishing a Ferg4eon 35 tbactor which has a power plant equivalent to the lighter Ford 650 Tractor. r pre�nt equipment is the equivalent size of the Ford 650 Tractor and has proven to be little light for operating the ditcher and loader. 1502:� P. f Po nee Fayetteville lies in hilly terrain one of the •,most vital features of the ditcher'ar, the e leveling jacks. The Sherman Digger has individual hydraulically operated jacks on e les Co de whereas the shawnee is one rigid jack which is designed to be operated wholly on vel ground. To properly use the Shawnee Jack in Fayetteville would require special addii onal work to level the machine and•may reduce the amount of work accomplished as much a if 0s Another important feature in operating this type of equipment is servicing. nee there are a number of pieces of equipment like the one Hailey Sales Company proposes furnish in Fayetteville,it stands to reasibn that spare(parts and servicing through the iley Sales Company will be adequate. Vie have experienced this in the maintenance of our esent equipment. 'Ne have a good 12 inch bucket for the Sherman Digger which cost approximately 00. which we use on occasiohs to speed upidigging trenches for small pipes. Unless we rchase a Sherman Digger this busket will have to be discardsed. (s) W.C.Smith•, 1.Dater Supt. Then a letter from the Board of Public Affairs was presented, being as follows: atter G ntlemen: nom At your request the Board of Public Affairs has received bids for furnishing of t1he Water Department with a wheeled Tractor equipped with a ditching machine and front e d loader. After considering the bids received, the Board recommends the accelbtance of t) Lffairs Hailey Sales Company in the amount of #3564.00. The low bid of the Springdale Tractor Com• n ny does not meet the specifications -in so far as the tractor is concerned and the ditches Uley propose to furnish would not be satisfactory for use in the terrain embraced in Fay- e teville. Respectfully submitted, (s) boy A Scott, Chairman (a) Herbert A Lewis, member (s ) J.B•.P3cConnell, member Board of Public Affairs. 171st'ioL . tAderman Alexander made a to accept the bid of Hailey Sales Company in the amount of $356, is motion was seconded ty Alderman Parish, which was passed unanimously. D,000 r Fire at i on ' a)9�r es ti ns for Leave Alderman Richardson introduced a RESOLUTION to set aside $10,000 from the ppropriated surplus of tiie General Fund, to appy toward the construction of an additi e station, and made a motion that it be adopted, this motion was seconded by Alderman sford,which was passed unanmmously. COPY OF RESOLUTION NO.22-55 RESOLVED, that the sum of Ten Thousand Dollars ($10,000.00)' be set aside from the appropriated surplus of.the General revenue fund of the City of Fayetteville, for the rpose of applying toward construction of an additional fire station within the cor�orato mits of the City . PASSED and APPROVED this 19th day of December, 1955, ATTEST: Approved : s City ClerkTv or Alderman Richardson introduced the following RULES and REGULATIONS governing the nting of leave to City Employees to become effective January 1, 1956, and made a moti t they be adopted, this motion was seconded by Alderman Alexander, which was passed nimously. PROVISIONS FOR LEAVE. '•" •. UNDER THE AUTHORITY OF ORDII4ANCE NIU1vIBER 1098,DATF.D NOVEMBER 7, 1955,FAYETTEVILLE NSAS, THE FOLLOWING RULES AND REGULATIOI•IS GOVERNING THE GRANTING OF LEAVE TO CITY EP;i SNALL BECOME EFFECTIVE JANUARY 11 1956s 5.1 Holiday Leave 5.1.1 All permanant full-time emplo ees, except Police and Fire Department emplo s all be entitled to eight and one-half (8holidays holidays for which they shall receive pay a t eir regular rate.The authorized holidays shall be as follows: New Years Day January 1 The Mayor reported that it was time to hire the manager of Lake Fayetteville for 1st Monday a other year, Alderman Alexander made a motion that Golden Ivey be Re -Appointed for anoth d of year on the same terms and salary as his present contract, this motion was seconded by iley Alderman Bronson,.and was passed unanimously. les Co November The question of purchasing uniforms for the Police Department was presented, 4 and after discussion, Alderman Alexander made a motion that the Mayor be authorized to iforms p rchase the BLUE UNIFORMS,with Eisenhower Jackets for all of the Department, and that th be made the REGULATION UNIFORMfor each:6einber of the Department except the CHIEF OF POLI this motion was seconded by Alderman Bronson, and was passed unanimously. ce Alderman Richardson made a motion that the City Attorney be instructed to make rplus an investigation to see if any of the surplus funds of the 1935 Bond Issue of the Sewer Bnd and Interest Fund, in escrow in the First National Bank, in compliance with the 1946 crow B nd Fc Interest issue(The cash fund at this time is ?p10,371.78), this motion was seconded unds by Alderman Williams, which was passed unanimously. cu.(D Bt` Im)tsrru .sip Vs. ED Alderman Richardson reported that the bills had been approved by the Auditing C mmittee, and made a motion that they be allowed as approved, this motion was seconded b Alderman Alexander, which was passed unanimouly. Alderman Williams made a motion that all City employees, except the Elective DOOO officers, who have beeh employed since January 1, 1955,be given a $10.00 bonus for Christ nus tis motion was seconded by Alderman Alexander, which was passed unanimously. D,000 r Fire at i on ' a)9�r es ti ns for Leave Alderman Richardson introduced a RESOLUTION to set aside $10,000 from the ppropriated surplus of tiie General Fund, to appy toward the construction of an additi e station, and made a motion that it be adopted, this motion was seconded by Alderman sford,which was passed unanmmously. COPY OF RESOLUTION NO.22-55 RESOLVED, that the sum of Ten Thousand Dollars ($10,000.00)' be set aside from the appropriated surplus of.the General revenue fund of the City of Fayetteville, for the rpose of applying toward construction of an additional fire station within the cor�orato mits of the City . PASSED and APPROVED this 19th day of December, 1955, ATTEST: Approved : s City ClerkTv or Alderman Richardson introduced the following RULES and REGULATIONS governing the nting of leave to City Employees to become effective January 1, 1956, and made a moti t they be adopted, this motion was seconded by Alderman Alexander, which was passed nimously. PROVISIONS FOR LEAVE. '•" •. UNDER THE AUTHORITY OF ORDII4ANCE NIU1vIBER 1098,DATF.D NOVEMBER 7, 1955,FAYETTEVILLE NSAS, THE FOLLOWING RULES AND REGULATIOI•IS GOVERNING THE GRANTING OF LEAVE TO CITY EP;i SNALL BECOME EFFECTIVE JANUARY 11 1956s 5.1 Holiday Leave 5.1.1 All permanant full-time emplo ees, except Police and Fire Department emplo s all be entitled to eight and one-half (8holidays holidays for which they shall receive pay a t eir regular rate.The authorized holidays shall be as follows: New Years Day January 1 Labor Dayl 1st Monday in September Memorial Day May 30 Fair Day (N) Designated each year - 11 Independence Day 'July 4 Veterans Day November Thanksgiving Day Last Thurs. in Nov. V.J.Day August 14 Christmas Day December 25 V V • 151 5.1.2. Police and Fire Department employeesshall be paid fuer. holidays in accordance with the provisionsofActs 132 and 133 of 1955. \\) • 5.1.30 When an authorized holiday falls on_Sunday*_ the_f_ollowing Monday shall be observed as official holiday. 5.1.4 Observance of any holiday not listed in 5.1.1 or 5.1.2, shall be authorized by action of the City Council. 5.2 VACATION LEAVE* 5.2.1 All employees of the City,except seasonal,temporary, emergency, contract, and and part-time' employees shall be allowed vacation leave with pay after he had served the City for twelve (12)i: -.consecutive months.. A -a 5.2.2 All employees except Police and Fire Department employees,and Sewage Disposal Plant Operators occupying a residence on the disposal plant grounds as a require ment of employment,shall be allowed vacationleave for each twelve (12) months of service on the basis of eleven (11) working days per calendar year. Provided 'however, that employees subject to this sub -section shall not be al a6 ;L lowed more than eleven (11) working days vacationleave for or in any one (1) calendar year. 5.2.3 Police and Fire Department employees shall be allowed vacation leave in acco d- ance with the provisions of Arkansas State Statutes 19-2105 and 19- 1302. Provided however,that employees -subject to this sub -section shall not be allow- ed more than the prescribed number of days vacatioh leave for or in any one (1) calendar year. 5.2,4 Sewage Disposal Plant Operators occupying a residence at the disposal plant as a requirement of employment, shall be allowed vacation leave for each twelve (12) months of service on the basis offourteen (14) consecutive days per calen der year. Provided however, that employees subject -to this sub -section shall) not be allowed more than fourteen (14) consecutive days vacation leave for „or in any one (1) calendar year. 5.2..5 The 'first month of employment with the City shall be counted for purposes of computing vacation leave only ifthe employee began work on or before the 15t. dalr of the month. 5.2.6 A temporary employee who is retained as a permanent employee, without a break in service, shall accrue vacatioh leave from the date of temporary employmen subject to the provisions of 5.2.5. 5.2.7 Before any vacation'leave_may be taken, the prescribed vacation leave form must be filled out and approved by the employee's department head. In addition, before compensation can be received for a period of vacation leave, the approved vacatioh leave form shall be filed with the busihess office. 5*2.B The Business Office sgall maintain a permanent record in each employee's perion- nel folder of the number of days vacation leave taken by each employee, the approved request for vacation leave, and the number of,days vacation leave accrued by each employee. 5*2.9 Vacation leave shall be non -cumulative; provided that should an employee resign /451 or leave the service of the City in good standing,the employee shall be paid y / ( for any and all accrued vacation leave not to exceed the amount of vacation 3q leave as provided for in 5.2.2 „ a.2*3e, and 5.2.4. 5.2. 10 Any employee.discgarged for cause shall not receive compensation for any accrued vacation leave,sick leave,or any other provisions for leave allowed City Employ - Cede 5.2.11 Vacation leave shall be ordinarily taken in two-week periods, but variations may be permitted by the employee's department head and with the approval of he I+iayor for special reasons deemed by them to be adequate to justify this variance 5.2.12 Department Beads, will develop vacation schedules in conformance with the poldcy of scheduling vacation leave over as wide a period as possible, in order to I obviate in so )far as possible, the need for a temporary increase in personnel. 5.2.13 All department heads and the Mayor shall have the authority to establish spel- cific times or periods during the year when no vacation leave will be allowed lIl to be taken. 5e3 SICK LEAVE* 5e3el All employees of the City rxcept,seasonal,temporary,emergency,contract, and part-time employees may be allowed sick leave with pay on account of illness or injury otherwise than in the line of duty. 5.3e2 Each employee eligible for sick leave shall accrue one (1) working day of leave for each full calendar month of the employee's service with the City. 5.3.3 Sick leave may be accumulated if not used during the year earned. But the total number of days accumulated shall not exceed twenty four (24). working days. 5*3.4 Sick leave used in excess of the amount earned in one year shall be deducted from the employee's accumulated sick leave. 5*3*5 The Business office shall maintain a permanent record in each employee's per- sonnel folder of the nugiber of days of sick leave taken by each employee, • the approved request for sick leave,and the number of days sick leave accrued or accumulated by each employee. 5*3*6 In computing the number of days sick leave an employee has t:aken,only the work- ing days the employee isxabsent will be counted as deductable Gays for sick leave purposes. 152 C 5.3.7 The first month of empployment with the City shall be counted for purposes of computing sick leave only if the employee began work on or before the 15th day of the month, But no sick leave may be taken or granted until an employee has been in the service of the City for at least six (6) months. 5.3.8 A temporary employee who is retained as a permanent employee, without a break in service, shall accrue sick leave from the date of temporary employment. 5.3.9 Sick leave shall not be considered as a privilege which an employee may use at his discretion. Sick leave shall be granted only in the following cases; A. Personal illness or physical incapacity of the employee. B. Ilrnesslor accident in the employee's immediate family. C-. Enforced quarantine of the employee in accordance with community health regulations., D. Absence to obtain necessary medical, dental,and optical examination and treatment if more than two (2) working hours are requires. E. Any and all cases not covered in this sub -section shall be approvede. or disapproved by the Mayor • 5.3.10 Absence for a part of a day that is chargeable to sick leave in accordance with the provisions of 5.3/.q, shall be charged proportionately in an amount of nd)t 1' ss t.1Lii 0 --ie than one-half of a day. 5.3.11 The following proceedures must be complied with in order that an employee may may be granted sick leave. A Each employee must notify his office or immediate superior by telephone or messenger within twenty four (24) hours from the first hour of absence. B. In all cases involving a request for sick leave,a form as prescribed by the enployee!,s department head must be filed with the Business Off ce, C. If an employee is absent three (3) or more working days,a certificate) from a licensed doctor of medicine must be filed with the Business Ofl face before compensation for the period of leave can be considered, D. Any and all such other evidence of illness or inability to work may be deemed necessary by the Mayor or the employee's department head may also (� be required as a prerequisite to an employee receiving compensation f'r a period of requested sick leave. E. when the absence exceeds fifteen (15) working days, a new certificate may be required.by the employeels department head or the Mayor. F. Any employee who is consistently absent for short periods of time,and requests sick leave to cover such absence may be required to furnish a doetorts certificate, 5.3.12 Any employee discovered misusing the sick leave the sick leave privilege may be dismissed. 5.3.13 Any employee granted leave of any kind wiyhout pay for a period of one (1) ca en ar month or more shall not accrue sick leave during the period while on leave. 5.3.14 On seperation from employment with the City,no 'employee will be entitled to receive reimbursement for accrued or accumulated sick leave. 5.4. EMERGENCY LEAVE. 5.4.1 In case of death in an employee's immediate family, the Mayor shall have the authority to grant emergency leave with pay not to exceed two (2) working d s. 5.4.2 Emergency leave with pay granted by the Mayor may be extended an additional two (2) working days at the discretion of the Mayor. 5.4.3 No compensation can be received for the period of emergency leave until the prescribed form granting such leave is filed with the Business Office. 5.5 CITIZENSHIP LEAVE. 5.5.1 Employees may be granted leave with pay, subject to the approval of the employ- ee's department head and the Mayor, when it becomes necessary for the employee to be absent from work for such citizenship obligations as jury duty,witness (when properly subpeonaed),and other similar citizenship obligations. 5.6 EDUCATIONAL LEAVE 5.6,1 Employeesmay be granted educational leave to advance themselves professionally and technically at conferences or in a school or course of instruction upon the recommendation of the employee's department head and thecapproval of the Mayor. 5.6.2 Educational leave may be granted by the Mayor as leave with pay; provided the leave shall not exceed a period of five(5)working days. Educational leaves f r ;•r_,_.nrer longer periods, or on apart pay basis,or any other basis require prior anpr v2 ' al of the City Council. 5.6.3 When educational leave without pay is applied for, the Mayor, and City Council shall -decide each application in acr:ordance with the best interest of the City. 5.7 MILITARY LEAVE. • 5.7,1 Employees who are members of a military reserve organization or National Guard Unit shall be entitled to two(2) weeks heave with pay per annum in additior} the customary vacation leave;provided that such military leave shall be noncumulative. r}' ..V3t • Be The charge against the employee's accumulated sick leave shall lie on the basis of one (1)days sick leave for each work day the emll ee is absent from work. P 5.8.3 Employees on an hourly basis,except Police and Fire department employees, shall receive full pay forthe hours he would normally have worked until.his accumula- ted sick leave is exhausted, payable as follows: I A. Each employee shall be.paid an amount, which together with the we Workmen's Compensation benefits to which he may be entitled,shall equal his regular semi-monthly earnings,at the time of.injury. Y Be In computing the employee's regular semi-monthly earnings, overtime hours that he could.or would have worked shall not be counted for purposes of determining his regular earnings, Hours that the employee would have lost due to inclement weather, shall be counted as a de- duction for purposes of determining his regular earnings. Co The charge::against the employee's accumulated sick leave shall beton the basis of one (1) days sick leave for each work day the employee is absent from work. 5.8.4 Each employee,except Police and Fire department employees,may receive.full pay after his accumulated sick leave is exhausted for a maximum period of twenty f (24) dopking days, subject to the following provisions: 5.8.5 J 5.8.6 5.8.7 Each employee of the Police and Fire department may receive full pay after Y. accumulated sick leave is exhausted for a maximum period of twenty four 124) working days,subject to the following provisions: A. Each employee may be paid an amount, which together with the weekly Workmen's 'Compensation benefits to which he may be entitled,shall equal his regular salary rate or earnings forthe number of working days granted,but not to exceed a period of twenty four (24) working days. Be In noinstanceshall it be construed that the City is required to make such payments as.contained in sub -section 5.8.4 for the maximum period of twenty four (24) working days. C. The number of working days granted an employee shall depend upon acceptable evidence submitted by a licensed doctor,of medicine, or any and all such other evidence the employee's department head and the Mayor may require to be submitted. After all the employee's accumulatedsick leave is exhausted and the provision's of Section 5.8.4 have been comolied with,no further payments of any kind shall be required of the City except the provisions set out in the Workmen's Cof¢pensa- t.ion Law of the State of Arkansas. Eacg employee of the Police and Fire department shall receive full pay until its accumulated sick leave is exhausted, payable as follows: A. Each employee shall be paid_an amount which together with the weekly Work- men's Compensation benefits to which he may be entitled, shall equal his regular semi-monthly salary rate with allowances, at the time of injury. B The charge against the employee's accumulated sick leave shall be on a basis of one (1) days sick leave for each work day the employee is absent from work. A. Each employee may be paid an amount, which together with the weekly Workmen's Compensation benefits to which he.may be entitled, shall equal his regular semi=monthly salary rate with allowances for the number of working days jl granted, but not to exceed twenty-four (24) working days. 5.7.2 Any employee who is required tib enter the military service for extended acti duty shall be granted leave of absence without pay for the entire period of military service; provided that voluntary enlistement or continued service o: • a voluntary basis shall relieve the City of any re-employment obligations, and the employee shall be considered to have resigned. 5.7.3 Any employee who is required to enter the military service for extended acti duty shall retain and accumulate all seniority rights and benefits granted t all employees in his department during the period the employee is required t be on extended active duty. 5.7.4 Employees required to enter the military service whether during a national emergency or not,will not accrue sick leave,vacatioh leave,or any other prov ions forleave during the period of military service. 5.7.5 Any and all Arkansas State Laws and Federal Laws setting out certain and spe cific obligations of employers for veterans rights and benefits shall be ass to be a part of the personnel.policies of the City of Fayetteville,Arkansas. 5.8 INJUlTI LEAVE. 5.8,1 Each employee who is unable to work as a direct result of any injfiury arising out of and in the course of his employment with.the City shall be paid subje to the provisions hereinafter provided. 5.8.2 Emplcyees on a semi-monthly basis, except Police and Fire department employe shall receive full pay until his accumulated sick leave is exhausted, payabl as follows: A. Each employee shall be paid an amount, which together with the weekly l7orkmen's Compensation benefits to which he may be entit shall equal his regular semi-monthly salary rate at the time of injury. , • Be The charge against the employee's accumulated sick leave shall lie on the basis of one (1)days sick leave for each work day the emll ee is absent from work. P 5.8.3 Employees on an hourly basis,except Police and Fire department employees, shall receive full pay forthe hours he would normally have worked until.his accumula- ted sick leave is exhausted, payable as follows: I A. Each employee shall be.paid an amount, which together with the we Workmen's Compensation benefits to which he may be entitled,shall equal his regular semi-monthly earnings,at the time of.injury. Y Be In computing the employee's regular semi-monthly earnings, overtime hours that he could.or would have worked shall not be counted for purposes of determining his regular earnings, Hours that the employee would have lost due to inclement weather, shall be counted as a de- duction for purposes of determining his regular earnings. Co The charge::against the employee's accumulated sick leave shall beton the basis of one (1) days sick leave for each work day the employee is absent from work. 5.8.4 Each employee,except Police and Fire department employees,may receive.full pay after his accumulated sick leave is exhausted for a maximum period of twenty f (24) dopking days, subject to the following provisions: 5.8.5 J 5.8.6 5.8.7 Each employee of the Police and Fire department may receive full pay after Y. accumulated sick leave is exhausted for a maximum period of twenty four 124) working days,subject to the following provisions: A. Each employee may be paid an amount, which together with the weekly Workmen's 'Compensation benefits to which he may be entitled,shall equal his regular salary rate or earnings forthe number of working days granted,but not to exceed a period of twenty four (24) working days. Be In noinstanceshall it be construed that the City is required to make such payments as.contained in sub -section 5.8.4 for the maximum period of twenty four (24) working days. C. The number of working days granted an employee shall depend upon acceptable evidence submitted by a licensed doctor,of medicine, or any and all such other evidence the employee's department head and the Mayor may require to be submitted. After all the employee's accumulatedsick leave is exhausted and the provision's of Section 5.8.4 have been comolied with,no further payments of any kind shall be required of the City except the provisions set out in the Workmen's Cof¢pensa- t.ion Law of the State of Arkansas. Eacg employee of the Police and Fire department shall receive full pay until its accumulated sick leave is exhausted, payable as follows: A. Each employee shall be paid_an amount which together with the weekly Work- men's Compensation benefits to which he may be entitled, shall equal his regular semi-monthly salary rate with allowances, at the time of injury. B The charge against the employee's accumulated sick leave shall be on a basis of one (1) days sick leave for each work day the employee is absent from work. A. Each employee may be paid an amount, which together with the weekly Workmen's Compensation benefits to which he.may be entitled, shall equal his regular semi=monthly salary rate with allowances for the number of working days jl granted, but not to exceed twenty-four (24) working days. 154 B. in no instance shall it be construed that the City is required to make such pay- ments as contained in 5.8.7.for the maximum period of twenty-four (24) working d ys. C. The number of working days granted an employee shall depend upon acceptable evi- • dence submitted by a licensed doctor of medicine, or any and all such other evi- dence the employeets department head and the Mayor may require to be submitted. 5.8.8 Each employee of the Police and Fire Department may be paid an additional thirty (30) working days subject to the following provisions: A. Each employee who has received the benefits of 5.8.6. and granted the benefit of 5.8.7.1 may be paid an amount, which together.•with the weekly Workments Compensatioh benefits to which he may be entitled,shall equal seventy five (7y) per centof his regular semi-monthly salary rate with allowances,at the time of injury. B. In no mnstanceshall it be construed that the City is required to make such pal. ments a - ments as contained in 5.8.8. for the maximumeriod of thirty y (30) working daj*s. C. The number of working days granted an employee shall depend upon acceptable evidence submitted by a licensed doctor of medicine,or any and all such other evidence as the employeets department head and the Mayor may require to be submitted. D. Should an employee apply fob and receive any monetary benefits from the Ploice or Fire Pension and relief Fund after his accumilated sick leave is exhausted) he shall not be eligible to receive any of the benefits contained 5.8.7 or 5.t.8. 5.8.9 After all of the employeelssick leave is exhausted and the provisions of 5.8.7. - and 5.8.8 )lave been complied with, nofurther payments of any kind shall be requ of the City except the provisions set out in the Workmen's Compensation Law of State of Arkansas. 5.8.10 It is not the intention of any provision contained herein,that an employee shall) receive more than his regular semi-monthly salary rate or earnings while he is uT- able to work as a direct -result of any injury arising out of and in course of his employment with the City of Fayetteville,Arkansas. 5.8.11 Proceedure for injury cases is determined by the State of Arkansas Workmen's C pensation Law, In no case will any of the benefits contained herein be allowed granted an employee until an "Employee's Report of Accident" form has been fil out in the Business Office. 5.8.12 It shall be the employees responsibility,or, incase he is unable to report,his immediate superiors responsibility that an "Employee's deport of ACCIDENT" is filled out in the Bmsiness Office. This report must be gilled out in triplicate immediately after an accident. 5.8.13 Sick leave and annual leav shall cease to accrue or accummlate for as long as th employee continues to receive Workmen's Compensation Benefits. 5.8.14 The Mayor may at his discretion appoint a board to,determine the inability of an employee to work as a direct result of an injury arising out of and in course of his employment, to determine if the employee's injury was sustained in the cours of his employment with the City,and the benefits to be allowed an employee. 5.9. ABSENCE WITHOUT LEAVE. _ 5.9.1 Any absence of any employee from duty, including absence for a single day orepart of a day that is not authorized by any grant or leave of absence under the provisions of this chapter,shall be deemed absence without leave. 5.9.2 Absence without leave shall be without pay and may be considered just cause for discharge unless circumstances or other reasons can be offered as a satisfactory explanation for the absence. SCF:EDULE OF DErINITIODiS tu=C"s! ARE APPLICABLE TO THE PROVISIONS FOR LEAVE TO CITY EMPLTfEES. "Allowances" means the payments made to members of the Police and Fire department for uniforms anl'telephones. "Department Head" means a person appointed by the Magor and Council who is responsible for the administration of a department. Emergency employee"means a person hired during a period of extreme necessity and will be employ_ea'onTTur ng the period of extreme necessity, "Employee" means when used as one word a full time hourly or monthly employee on a permanent .asis wi h the City. "Employer"means when used as one word the City of Fayetteville and refers to all departmints. Hour y employee" means an employee who receives compensation on the basis of the total nun of'(5urs worked during a pay period, "Immediate family" means wife,husband,child,brother,sister,parents,father-in-law,mother- in- aw,gran and ot? er, and grandf ather, NATIONAL EMERGENCY" means any time during which the armed forces of the United States a%e engageU in an armed conflict,any time when the United States is at war,any period of ti e during which persons are drafted for service in the armed forces or during which persibn in the reserve components of such forces are ordered to active duty,or during any other period of time during during which the Mayob andCity Council shall determine that the granting of military leave is in the public interest. PAR -TIKE -EMPLOYEE" means any employee working in a position of less than six months dui • rr aeon, PERI:4ANANT FULL-TIME EISPLOlEE means an employee either hourly or monthly who is on a permanan, basis w� h the Ci y. PHYSICAL INCAPACITY" means an employee who is tunable t:o perform his usual duties not cb - ause of illness but due to factors beyond his control. For example,a meter reader witJ leg in a cast would be pysically incapacitated. a • Vote of T? anks"to I Ret iring Aldermen: Hunt & M Allister 0 155 EARNINGS" means -the amount an hourly worker would normally earn during a pay per�odl SALARY RATE" means the amount paid to a worker paid on a monthly basis. SEASONAL EItIPLOYEE" means an employee working in a position that is normally activated oi�perio of only one, season at a time, SEIdII-IJOITI—r Y EARNINGS" means the amount an hourly worker would normally earn during a period based on semi-monthly pay periods. SEIdI-IO]U HLY SALARY RATE" means an employee paid on a monthly basis who receives his p on a sem mothlTFasis. which a department is openfor business or which an TEL4PORARY EIdPLME" means an employee who is hired only for a period usually less than hree mont s` a a time* a�ORK_DAY" means any one shift during which a department is open for business or on whi an emTyee is scheduled to work. F10R?.IL1 HOIIRS" means the actual hours of any one shift which a department is openfor business or which an employee -is scheduled to work.. PASSED and APPROVED this 19th Day of December, 1955. Approved Attest;a• or Ci y Clerk At this time PIIAyor::,,Scott proposed tliat the two retiring Aldermen ,Fred Hunt and Dr. F.McAllister be given a rising vote of thanks for their untiring and loyal service ing the time they have served the City as Aldermen, Alderman Richardson made a motion t the proposal of the Mayor be approved, this motion was seconded by Alderman Alexander, ch was passed unanimously, e There being no further business, Alderman Bronson moved to adjourn, seconded by derman Parish, which was passed unanimously, and the Mayor declared the Council adjou d stated that the next meeting of the Council would be January 9th, 1956. Attest C—TUY Clerk Approved: ycrr I