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HomeMy WebLinkAbout1966-09-23 Minutes"74 H of for by Sheet Company. lie ing to to part pring & g Streets vrcanance No( 1513 Buster Carson, representing the Carson Shee t Metal Company of Fayetteville, Arkansassappeared before I . the Board of Directors and pesented a claim for damage in the amount of $271,24 which he claimed i•.ss done by the Sanitation Department by hauling off new sheet metal to the City Incinterator of that value. The City Manager read the opinion of the City Attorney in which he stated the City was not liable for this damage under the Arkansas Laws. A long discussion was had but no further action' was taken at this time. There being no further business, Director Kerlin moved bb adjourn. The motion was seconded by Director McFerran, whereupon the Mayor declaXed the APPROVED: adjourned. AT DON TRUMBO, JR., MAYOR GEORGE J. CITY CLERK .he Board of Directors of the City of Fayetteville, Arkansas, met in regular session on Monday, September 19, X966, at 7:30 P. M. in the Directors Room in the City Administration Building. resent: City Manager Gerald Fox, City Clerk George J. Davis, City Attorney Hugh Kincaid, and Directors: erlin, Swartz, McFerran, Melton, Christie, Trumbo, and Dunn. bsent: None. he minutes of the regular meeting on Tuesday, September 6, 1966, a copy of which had previously been ma o each of the Board Members, were approved as written. e Mayor reported that this was the date, time, and place set for a public hearing on the petition bf the mpbell Soup Company to vacate and abandon -that portion of Spring Street or Gregg Avenue lying between th at boundary line of the.right of way of t}ie St. Louis & San Francisco Railroad Company and the East undary line of the right of way of the St. Louis & San Francisco Railroad Company. e City Clerk reported that he had caused a notice of the public hearing to be published in the Northwest kansas Times, a daily newspaper published in Washington County,Arkansas, and having a general circulatic the City of Fayetteville, Arkansas, once a week for two consecutive weeks, that an Abstractor's Certifi Title, showing the owners of Record had been attached to the petition prior to the date set for the blit hearing, and that a letter.from each of the utility companies, stating they had no objedtion to the id street being vacated and abandoned, had been attached to the petition prior to the date set for the blit hearing, Also this had been approved by the Planning Commission. ere being no objections to the vacating and abandoning of the Street as described in the petition, the ty Attorney introduced and, at.the request of.the Directors, read a.proposed ordinance in -its entirety titled, "AN.ORDINANCE TO VACATE AND ABANDON A PORTION OF WEST SPRING STREET AND GREGG AVEiWE(OR STREET) ING BETWEEN THE WEST BOUNDARY LINE OF THE RIGHT 'OF WAY OF THE ST.LOUIS-SAN FRANCISCO RAILROAD RIGHT -OF - r AND THE EAST BOUNDARY LINE OF THE RIGHT-OF-WAY OF THE ST. LOUIS -SAN FR&NCISCO RAILROAD RIGHT -OF WAY THE CITY OF FAYETTEVILLE, ARKANSAS". rector Christie then moved that the Ordinance pass. e motion was seconded by.Director Dunn and passed unanimously, whereupon the Mayor declared the'Ordinanc ssed. ORDINANCE NO, 1513 N ORDINANCE TO VACATE AND ABANDON A PORTION OF WEST SPRING ST. AND GREGG AVENUE (OR STREET) LYING E7WEEN THE WEST BOUNDARY LINE OF THE RIGHT-OFWAY OF THE ST. LOUIS -SAN FRANCISCO RAILROAD RIGHT-OF-WAY ND THE EAST BOUNDARY LINE OF THE RIGHT -OF -WRY OF THE ST, LOUIS -SAN FRANCISCO RAILROAD RIGHT-OF-WAY IN HE CITY OF FAYETTEVILLE, ARKANSAS. - HEREAS, a petition was duly filed with the Board of Directors of the City of Fayetteville, Arkansas, on he 6th day of September, 1966, asking the Board of Directors to vacate and abandon a portion of West pring Street and Gregg Avenue (or Street) 1ping between the West boundary line of the right-of-way of he St. Louis -San Francisco Railroad right-of-way;and the East boundary line of the right--of-way of the t. Louis -San Francisco Railroad right-of-way; and •• REAS, after due notices as required by law, the Board of Directors has, at the time and place mentione the notice, heard all persons desiring to be heard on the ouestion and has ascertained that the p ortio the streets hereinafter described has heretofore been dedicated to the public use as streets; that all the owners of the property abutting on the I:ortion of said streets sought to be vacated have filed wit Board of Directors their written consent to said abandonment; and C EREAS, the franchised publ,ic.utility companies having public utility poles, lines, pipes, or wires, thin that portion of West Spring Street and Gregg Avenue (or Street) sought to be vacated have filed th the Board of Directors their written consent to said abandonment; and . , the publiclinterest and welfare will not be adversely affected by the abandonment; , THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS CF THE CITY OF FAYETTEVILLE, ARKANSAS: ction 1: The City of Fayetteville, Arkansas hereby releases, vacates and abandons all its right, togeth th the rights of the public generally„ in and to the following described portion of West Spring Street d Gregg Avenue (or Street) lying between the west boundary line of the right-of-way of the St. Louis - n Francisco Railroad Right=0f-Way and the east boundary line of the right-of-way of the St. Louis -San ancisco Railroad right-of-way withih the corporate limits of the City of Fayetteville, Arkansas, to -wit: Beginning at a point where the west boundary line of the right-of-way of Gregg Avenue (or Street) intersects the south boundary line of the right-of-way of West Spring Street in the City of Fayettevi Arkansas, thence east two hundred and thirteen and sixty-five hundredths (?13.65) feet, thence north forty-four (44) feet to the north boundary line of the right-of-way of West Spring Street, thence West two hundred and thirteen and sixty-five hundredths (213.65) feet to the west boundary line of the right-of-way of Gregg Avenue (or Street), thence South forty-four (44) feet to the point of beginning. ection 2: That the City of Fayetteville, Arkansas, hereby reserves for the benefit of itself, its uccessors and assigns, an easement or right-of-way, including the right of ingress and egress thereto, n, over, under, and across ten (10) feet on each side of the existing water and sewer mains now located n the vacated portion of West Spring Street and Gregg Avenue (or Street) for the purpose of constructing, nstalling, laying, relaying, relocai,ing, and maintaining said water and sewer mains and appurtenances the to 1 Ordinance Nb. 1513 That a change in the grade of the present surface of the vacated portion of West Spring Street and Gregg (Continued) venue (or Street) shall -be prohibited.if such change would endanger said existing water and sewer mains and appurtenances thereto. ' That the City of Fayetteville, Arkansas, hereby reserves for the benefit of Southwestern Electric Power ompany and Southwestern Bell Telephone Company, their respective successors and assigns, an easement or right-of-way, including the right of ingress and egreesthereto, on, over, under, and across the vacated I ortion of `Test Spring Street and Gregg Avenue (or Street) for the purpose of constructing, reconstructing inspecting, patrolling, hanging new wires on, maintaining and removing the existing telephone and electric I lines apd appurtenances thereto now located within the vacated portion of West Spring Street and Gregg Avenue or Street), including but not limited to, the right to trim and/or remove trees or other I bstructions that endanger or may interfere with the efficiency of said existing telephone and electric lower lines and appurtenances thereto. Section 3. That as a condition to the closing of said portion of West Spring Street and Gregg Avenue or Street), the City shhll be held free and harmless from liability as to any claims of the abutting property owners for damages to the vacated portion of West Spring Street and Gregg Avenue (or Street, which may result from the constructing, installing,.operating, laying and relaying, relocating and maintaining the above mentioned public utilities. Section 4. That a copy of this ordinance duly certified by the City -Clerk shall be filed in the office I f the Recorder of the County, and recorded in the Deed Records of the County. on 5. This ordinance shall take effect and be in force from and after its passage, approval, and cation. PASSED AND APPROVED this 19th day of September, 1966. APPROVED: TTEST: MAYOR ' - CITY CLERK The City Manager presented the petition of Second Baptist Church for Resoning certain real estate on West Sixth Street from R-3, Multi -Family Residential District to P -1A Special Church District, which P ad been approved by the Planning Commission. After a brief discussion the City Attorney introduced and, at the request of the Directors, read a I ordinance in -its entirety entitled, "AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1239 AND REVISED ZONING DISTRICT MAP OF-FAYETTEVILLE, ARKANSAS, APFROVED MAY 28, 19623 TO REZONE CERTAIN REAL ESTATE FROM R-3 MULTIFAMILY RESIDENTIAL DISTRICT TO P -1A SPECIAL CHURCH DISTRICT." IIDirector Christie moved that the Ordinance pass. The motion was seconded by Director.Kerlin and passed ORDINANCE N0. unanimously, whereupon the Mayor deb3ared the Ordinance passed. 1514 ORDINANCE N0..1514 AN ORDINANCE AMENDING ZCNING ORDINSNCE NO, 1239 AND REVISED ZONING DISTRICT MAP OF FAYETTEVILLE, AHKANSAS, APPROVED MAY 280 1962, TO REZONE CERTAIN REAL ESTATE FROM R-3 MULTI -FAMILY RESIDENTIAL DISTRICT TO P -1A SPECIAL CHURCH DISTRICT. REAS, a public hearing was held before the Planning Commission of the City of Fayetteville, Arkansas, August 23, 1966, on the petition of the Second Baptist Church, requesting that said Planning unission recommend to the Board of Directors of the City of Fayetteville, Arkansas, that the Board Directors enact an ordinance rezoning the following described 'property; presently zoned R-3 Multi- d.ly.Residential Dictrict to P -1A Special Church District, to wit: Lots i, 22 3 and the East Half of Lots 4 and 5 in Block 1 of Ferguson's Addition to the City of Fayetteville, Arkansas. WHEREAS, notice of said public hearing, setting forth the date, time, place and purposes of said hearing I location of property was publiched in the Northwest Arkansas Times, a newspaper of general circulate 'in said City, more than 15 days prior to said public hearing, and WHEREAS, following said public hearing, said Planning Commission certified to the Board of Directors of the City of Fayetteville, Arkansas, its recommendation that an ordingnce be adopted rezoning the above- described property, which is presently zoned R-3 Multi -Family Residential District, to P -1A Special (Church District. NOW, THEREFORE, BE IT ORDAINED PY THE BOARD OF DIRECTORS OF THE CITY OF FAYE'TTEVILLE, ARKANSAS: 6ECTION 1. That the above-described property, which is presently zoned R-3 Multi -Family Residential !District, be and the same hereby is rezoned to P -1A Special Church District. ECTION E. That all ordinances or parts of ordinances in conflict herewith are hereby.repealed, and this ordinance shall be in full fored and effect from and after its passage, approval and publication. AND APPROVED this 19th day of September, 1966. APPROVE DON RU. 0, JR., MA J "751 "76 d. No. 515 09 NO 1516 Authorize Subdivider's Contract Red Arrow Add;n. No.2. The City Manager presented the petition of J. E. Gabbard and Steve Wood for rezoning certain real estate on Kaywood Lane from R-2 Two Family Residential District, to R-3 Multi -Family Residential District, which had been approved by the Planning Commission. After a brief discussion the City Attorney introduced and, at the request of the Directors, read a proposed ordinance in its entirety entitled., "AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1239 AND REVISED ZONING -DISTRICT MAF OF FAYETTEVILIE, ARKANSAS, APF'RO'JED MAY 28, 1962, TO REZONE CERTAIN REAL ESTATE FROM R-2 TWO FAMILY RESIDENTIAL DISTRICT TO R-3 MULTI-FAPIILY RESIDENTAIL DISTRICT." Director Melton them moved that the Ordinance pass. The motion was seconded by Director Swartz and passed unanimously, whereupon the Mayor declared the Ordinance passed. ORDINANCE N0, 1515 AN 6RDINANCE AMENDING ZONING ORDINANCE N0, 1239 AND REVISED ZONING DISTRICT MAP OF FAYETTEVILLE, ARKANSAS APPROVED MAY 28, 19621 TO REZONE CERTAIN REAL ESTATE FROM R-2 TWO FAMILY RESIDENTIAL DISTRICT TO R-3 MULTI-FAIIILY RESIDENTIAL DISTRICT. WHEREAS, a public hearing was held before the Planning Commission of the City of Fayetteville, Arkansas, on August 23, 1966, on the petition of J. E. Gabbard and Steve ?Mood, requesting that said Planning Commission recommend to the Board of Directors.of the City of Fayetteville, Arkansas, that the Board of Directors enact'an ordinance rezoning the following described property, presently zoned R-2 Two Family Residential District, to R-3 Multi -Family Residential District, to -crit: Lots 1, 2, 3 and 4 of Block 3 in Valley Vista Subdivision of the City of Fayetteville,m Arkansas, and, WHEREAS, notice of said public hearing, setting forth the date, time, place and purposes of said hearing and location of property was published in the Northwest Arkansas Times, a newspaper of general circulate in said City, more than 15 days prl6r to said public hearing, and WHEREAS, following said public hearing, said Planning Commission certified to the Board of Directors of the City of Fayetteville, Arkansas, its recommendation that an ordinance be adopted rezoning the above- described property, which is presently zoned R-2 Two Family Residential District, to R-3 Multi=Family Residential'District. NOW, THEREFORE, BE IT,ORDAINED 2Y THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS; SECTION.1. That the above-descbibed property,'whi.ch is presently zoned R-2 Two Family Residential Distri be and the same hereby is rezoned to R-3 Multi -Family Residential District. SECTION 2. That all ordinances or parts of ordinances in conflict herewith are hereby repealed, and this ordinance shall be in full force.and effect from and after its passage, approval and publication. . PASSED AND APPROVED this 19th day of September, 1966. ` APPROVED: ATT GEORGE67,LDAVIS, CITY CLERK ��.AA DON TRUMBO, JR., MAYOR The City Manager presented the final plat of Red Arrow Subdivision Number Two which had been approved by the Planning Commission. After a brief discussion the City Attorney introduced and, at the request of the Directors, read a proposed ordinance in its entirety entitled, "AN ORDINANCE TO ACCEPT AND CONFIRM THE DEDICATION OF ALL STREETS, ALLEYS AND EASEMENTS IN RED ARROW N0, 2 SUBDIVISION OF THE CITY OF FAYETTEVILLE, ARKANSAS." Director Melton moved that the Ordinance pass. The motion was seconded by Director Kerlin and passed unanimously, whereupon the Mayor declared the Obdinance passed. , . ORDINANCE. NO 1516 AN ORDINANCE TO ACCEPT AND CONFIRM THE DEDICATION OF ALL STREETS, ALLEYS AND EASEMENTS IN RED ARROW NO. 2 SUBDIVISION OF THE CITY OF-FAYETTEVILLE, ARKANSAS. WHEREAS, there has been duly presented to the Board of Directors of the City of Fayetteville, Ark a plat dated June 13, 1966, known as Red Arrow No. 2 Subdivision of the City of Fayetteville, Arkansas, wherein the owners have dedicated for the public use the.streets, alleys and easements shown upon said plat; and WHEREAS, the City Planning Commission of the City of Fayetteville, Arkansas, has recommended acceptance of said plat. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. That the City of Fayetteville, -Arkansas, hereby accepts and confirms the dedication of al streets, alleys and easements dedicated in the Red Arrow No. 2 Subdivision of the City of Fayetteville, Arkansas, and hereby declares said streets, alleys and easements to public streets, alleys and easements, and the Board of Directors hereby accepts the care, control and jurisdiction of the same. SECTION 2. That this ordinance shall be in full force and effect from and after its passage, and publication. PASSED AND APPROVED this 19th day, of September, 1966. APPROVED: ATTEST:�EORGE JDAS, CITY CLERK Director Christie then moved that the City Clerk be and he is hereby authorized to execute a Subdivider's Contratt with the Red Arrow Land Company, Inc., for Red Arrow No. 2 Subdivision to the City of Fayetteville, Arkansas. The motion was seconded by Director Melton and passed unanimously. t { The City Manager presented a proposed revision of the Personnel Policy for the City Employees along with other recommendations of wage and classification plans and union recognition.which he read and explained and made recommendations as follows: 1. Approve the Proposed Personnel Policy. 2. Indicate prepeY• consideration will be given to a wage and classification' plan within one month. 3. Refuse recognition of Local 965, Council 38 as -exclusive bargaining agent for city employees and the proposed labor agreement. 4. State that employees shall not be denied the right to join this union or any other unions if they so desire, with any such organizing efforts to be done after normal working hours only. Representatives of the Labor Union appeared before the Board of Directors and discussed the Personnel Policies from the standpoint of the Union. After a long discussion Director Dunn moved to accept and approvd the recommehdation as outlined in the four points above by the City Manager and adopt the revised Personnel Policy for the City Employeed, as presented. The motion was seconded by Director Melton but before a vote was taken Director Trumbo moved to amend the motion by Director Dunn by deleting No. 3 of the four point recommendation. (Refuse recognition of Local 965, Council 38 as exclusive bargaining agent for city employees and the proposed labor agreement). The amended motion was seconded by Director Kerlin and upon roll call the following vote was recorded; "AYE" Kerlin, and Trumbo. "NAY" Swartz, McFerran, Melton, Christie and Dunn. There being only two "AYES" against five "NAYS", the Mayor declared the amended motion defeated for lack of a majority vote. A vote was then taken on the original motion by Director Dunn. The following vote was recorded, "AYE" Kerlin, Swartz, McFerran, Melton, Christie, Trumbo and Dunn. "NAY" None. There being seven "AYES" and no "NAYS", the Mayor declared the motion passed. The Personnel Policy was aF under authority contained in Ord. No. 1098, passed and approved November 7, 1955. The Personnel Policy for the City of Fayetteville was spread on the Minutes of this meeting as a permanent record and reads as follows: PERSONNEL POLICY CITY OF FAYETTEVILLE, ARKANSAS Personnel The following rules and regulations are adopted by the City Board of Directors as effective for all Policy employees dfrthaaGity of Fayetteville: ,,,ydGu'' Appointments V f�N�','J Appointments to positions with the City of Fayetteville shall be made solely on the basis of merit and fitness for the particular position. Applications for employment will be accepted from anyone who wishes to apply, upon forms provided by the Dity. Applicants who are residents of the City of Fgyettevil will be given preference over the non-residents, all other qualifications being equal: All appointments shall be made by the City Manager upon recommendation of department heads, except as otherwise provided by state law. Whenever it is deemed necessary, the City may require a physical examination of the applicant by a physician suitable to the dity and at the expense of the city. Judgement will rest with y the doctor as to fitness of the applicant for the position. J l Il Promotions Promotions in the service of the city shall be based upon merit, fitness and performance rating system. A promotion.testing system will also be utilized wherever practical. Promotions will be made by the City Manager upon recommendation of the department heads, except as otherwise provided by state law. Promotions may be made from within the department or from one department to another. Disciplinary Action Removal, demotion, reprimand, suspension or other disciplinary action shall be taken by the City Manager upon recommendation of the department heads. All employees shall have an opportunity of appealing disciplinary action as provided in the Grievance Procedure established under these rules and regulations. Probationary Feriod The probationary period or work test period for all new employees, except fire and police shall be six months. (Fire and Police probationary period shall be 12 months). This period is established in order to determine whether an employee is able and willing too perform the position duties satisfactorily and that employee habits and dependability merit his continuance in the service. Upon satisfactory completic of the probationary period, the employee shall become a permanent employee and eligit.le for all benefits attendant thereto. Attendance and Work Week All employees shall be in attendance at their work in accordance with the rules and hours established by the department head. Daily attendance records shall be maintained by dapartmant heads. Work hours for all employees, except fire, shall be eight hours per day and forty hours -per week. Fire dapartment hours shall be as astablished'by the fire chief upon approval of the City Manager. Overtime Overtime work shall be as scheduled by the department head and shall be distributed as equitably as possible among the employees. Compensation for overtime shall be on an actual time worked basis. Overtime work in excess of eight hours in one work day or 40 hours in any work week shall be compensated in one of the following two methods: 1. One and one half times the employee's regular hourly rate of pay to be compensated at the pay day next following its earning. 2. One and one half times the actual hours of overtime worked to be accumulated as compensatory time. Such time shall be taken off as soon as possible after earning upon approval of the department Q head and submission of proper personnel forms for earning and taking off. 78 An absence of an employee from duty, including any absence of one day or part of a day that is not authorized by the department head shall be deemed absence withour leave. Such absence shall be without pay and subject to disciplinary action. Absence without leave for three consecutive days shall be deemed sufficient grounds for dismissal. All full time employees, except bf the Fire and Police department, shall be entitled to eight holidays for which they will be paid their regular pay rate: Police and Fire uniformed personnel shall be paid holidays in accordance with provisions of Acts 132 and 133 of 1955. When a holiday falls on a Saturday, it shall be observed on the preceding Friday. If such holiday falls on a Sunday, it shall be observed on the following Monday. No employee will be paid for a holiday unless he has been in a pay status on the working day immediately prededing the following the holiday. The governing body may designate other holidays than those listed above. All full-time.employees of the City, except fire and police, who have been employed continuously for a period of one year,shall be eligible for vacation leave with pay. Vacation leave shall accumulate at the following rates based upon years of continuo0s employment: a. One year through seven years of employment accumulated at the rate of 5/6 day per month or ten working days per year. b. 8 years through ten years of employment accumulated at the rate of one day per month or 12 working days per year. C. Eleven years through 20 years of employment accumulated at the rate of 1 1/4 days per month or 15 working days per year. d. After 20 years,of employment acculated at the rate of 1 1/2 days per month or 18 working days per year: No employee will be allowed to take more than the maximum allowed above in any one twelve month period. Earned vacation leave cannot be accumulated to exceed the maximums as allowed above for the particular class. A temporary employee who is retained as a permanent full-time employee shall accrue vacation leave from the date of original employment. The time at which an New Years Day -January 1 Labor Day 1st Monday in Sept. employee and the needs of Washington's Birthday February 22 Veterans Day November 11 shall ordinarily be taken in at Memorial Day May 30 Thanksgiving Day Last Thurs. in Nov. units. Proper leave Independence Day duly 4 Christmas Day December 25 Police and Fire uniformed personnel shall be paid holidays in accordance with provisions of Acts 132 and 133 of 1955. When a holiday falls on a Saturday, it shall be observed on the preceding Friday. If such holiday falls on a Sunday, it shall be observed on the following Monday. No employee will be paid for a holiday unless he has been in a pay status on the working day immediately prededing the following the holiday. The governing body may designate other holidays than those listed above. All full-time.employees of the City, except fire and police, who have been employed continuously for a period of one year,shall be eligible for vacation leave with pay. Vacation leave shall accumulate at the following rates based upon years of continuo0s employment: a. One year through seven years of employment accumulated at the rate of 5/6 day per month or ten working days per year. b. 8 years through ten years of employment accumulated at the rate of one day per month or 12 working days per year. C. Eleven years through 20 years of employment accumulated at the rate of 1 1/4 days per month or 15 working days per year. d. After 20 years,of employment acculated at the rate of 1 1/2 days per month or 18 working days per year: No employee will be allowed to take more than the maximum allowed above in any one twelve month period. Earned vacation leave cannot be accumulated to exceed the maximums as allowed above for the particular class. A temporary employee who is retained as a permanent full-time employee shall accrue vacation leave from the date of original employment. The time at which an employee shall take his vacation shall be determined by the dapartment head with due regard for the wished of the employee and the needs of the service. Vacation schedules shall be developed each year by the.department head. Vacation leave shall ordinarily be taken in at least one week increments, but variations may be granted for due cause in no event, though, in less than one day units. Proper leave forms shall be submitted for approval at least three (3) days prior to beginning of leave. Full-time employees who have been continuously employed for one (1) year or more who are,separated from employment by death shall be compensated for accrued vacation leave to the deceased's estate or nearest kin. Full-time employees who have been continpously employed for one (1) year or more .and who are separated from employment in good standing shALll be compensated for accrued vacation leave. In no event can such accrued vacation leave be more than the maximum allowed above. Employees leaving employment no in good standing or who are discharged for cause shall not receive compensation for accrued vacation leave. Police and Fire department employees shall be allowed vacation leave in accordance with provisions of Arkansas Statutes 190210 5 and 19-1802. Sick LeaveAll full-time employees of the City are eligible for sick leave with pay which -shall accumulate at the rate of one working day of leave for each full calendar month of the employee's service with the City. Any such leave accumulated which is not used in any year may ve carried over as accumulated leave for the succeeding }roars up to the maximum of 48 working Bays. a. An employee may be eligible for sick leave for the following reasons: i. Personal illness or jhysical incapacity resulting from causes beyond employ6e's control. 2. Quarantine of an employee by a physician or officer to comply with community health regulations. 3. Illness in the immediate family which would require the employee to take care of his family. b. An employee who is unable to report for work due to one of the above reasons shall report the reas for his absence to his supervisor or someone acting for his supervisor within four hours from the ti0e is expected to report for work. Sick leave with pay shall not be allowed unless such report has been made and the department head or his alternate has acknowledged the report. Proper sick leave forms sh. be completed immediately after each leave period. c. Sick leave with pay in excess of three consecutive working days for reasons of personal illness or injury shall be allowed only after presenting a written statement by a physician certifying that the employee's condition prevented him from appearing for work. d. Bona fide evidence or full justification for every absence receiving benefits under this article must be presented when requested by the department hear or supervisor. If an employee accepts benefits based on false evidence, such action must be regarded as a breach of faith on the part of that employee and is justification for disciplinary action. C. Absence for a part of a day that is chargeable to sick leave in accordance with these provisions shall be charged proportionately in any amount not less than one-half of one day. f. An employee who consumes all of the sick leave benefits for which he is eligible shall be placed on an inactive employee status without pay unless extenuating circumstances justify exceptional action by Board of Directors. 1 r � Personnel Policy (Continued) 719 Personnel Policy Sick leave shall be granted to employees only after they have completed yr 7 months nays �oR D ( Continued) pe nihs employment with the city, but shall accrue from date of employment. h. Employees leaving the service shall not be paid for accumulated sick leave. ' i. All leave taken by employees for any purpose other than sick leave outlined above will be charged against their vacation time. j. A temporary employee who is retained as a permanent full-time employee shall accrue such leave from the date of original employment. Emergency Leave Emergency leave witJ pay�up to a maximum of three calendar days shall be granted full-time employees in case of death or the imminence of death in the immediate family only. Air travel time may be granted upo prior approval of the City Planager in addition to the thaee days where excessive travel.time is involved. �Pjroye_r,£rms shall be completed immediately after emergency leave period. Full-time employees may be granted leave with pay for jury duty, witmess when subpeonaed or other citizenship obligations upon approval of the department head and completion of proper personnel forms, approved by the City Nanager, Educational Leave for full-time employees may be granted by the department head with the approval of the City Manager for conferences, shhools,•or courses of instruction designed -to advance the technical or professional skills of the employee. Educational leave shall be for not more than five (5) working days except upon approval of the C#y Governing Body. . Military Leave ' In time of war or national emergency, full-time employees are entitled to receive a leave of absence without pay upon joining or being called into military services of the United States. Employees are entitled to this leave and shall retain seniority rights during the period of active military service but not accrue any other benefits. Within six months after receiving an honorable discharge or its equivalent, such employee will.have the right to return to his position with the city. If this time period elapses or if the employee voluntarily re-anlists in military service, he shall'be considered to have redigned. Employees who are members of a military reserve organization or national guard unit shall be entitled to a military leave of two weeks per annum for training under one of the following two options: 1. At full pay if taken as vacation leave. 2. At part pay, if taken'as•military leave, to equal the difference, if any, between the regular earnings of the employee and the earnings which is received from the military service for the period of training. Such military leave shall be non -accumulative.' Each employee who is unable to 'work as a direct result of any injury arising out of and in the course of his employment with the City shall be paid subject to the provisions hereinafter provided. I. Employees on a semi-monthly pay basis, shall receive fully pay until his accumulated sick -leave is; exhausted, payable as follows: A. Egch employee shall 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 ratesat the time of injury. B. The charge against the employee's accumulated sick leave shall be on the basis of one (1) days sick leave for each work day the employee•is absent from work. _.. II. Employees on an hourly pay basis, -shall receive full pay for the hours he would normally have worked until his accumulated sick,leave is exhausted; payable as follows: A. Each employee shall be paid an amount, which together with the tgeekly Workmen's Compensation benefits to which he may be entitled, shall equal his regular semP-monthly earnings, at the time of the injury. B. 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 whold have lost due to inclement weather, whall be counted as a deduction for purposes of determining his regular earnings. C.c" The charge against the employee's accumulated sick leave shall be on the basis of one (1) day's sick leave i'or each day the employee is absent from work. III After sick leave is exhausted, the City manager may extend injury leave benefits upon presentation of acceptable evidence from a doctor that the employee cannot work. Such extension shall be for the same benefits as in I or II. In no event -shall injury leave benefits result in the employee receiving more tha his regular salary. Sick and annual leave shall cease to accrue while -an -employee is receiving Workmen's Compensation. Procedure for injury cases is determined by the State of Arkansas Workmen's Compensatibnnlaw. In no case will any of the benefits contained herein, be allowed or granted an employee until an "Employee's Report e Accident" form has been filled out in the Business Office. It shall betthe employee's responsibility, or, in case he is unable to report, his immediate superior'sreesponsibility that an "Employee's Report of A Accident" is filled out in the Business Office. This report must be filled out in triplicate immediately after an accident. The following rules will govern outside employment: J, MM IM i of for Reject all bide for Water & Sewer Mains along Hiway 16 1. No outside employment shall be allowed unless it is first approved by the head of the department the.City Manager. 2. Under no circumstances will a person be allowed to work at a job that conflicts with,his duties a city employee in any way. 3. When working off-duty, city uniforms shall not be worn unless approved by the head of the fitment, resign in good standing and receive the benefits attendant thereto, an employee must submit a two ks notice to his immediate supervisor or department head. Such resignation shall be in writing and uld contain reasons for leaving city employment.- as mployment: as extenuating circumstances justify exceptional action by the City Manager, all employees in the City's ice, except employees in the•Police and Fire Departments, shall be retired from active duty upon hing the age of 65 years. Uniformed employees in the Police and Fire Departments shall be retired from ve duty upon reaching the,age of 60 Sia#as. _ re is hereby established a Grievance Committee to be composed to.three city employees, one elected the bity employees, one appointed by the City Manager,,and one selected by the other two. This .evance Committee shall hold office for one year terms beginning January lot of each year. This mitteeshall act upon any difference or dispute arising from or pertaining to the application, .erpretation or compliance with these personnel policies or other conditions of employment, whichmay assigned to it for decision. employee shall follow the normal chain of command for the settling of all grievances beginning with immediate supervisor and proceeding to his department head. At this point, if the employee is not isfied with the settlement, he may request, in writing, a hearing before the Grievance Committee. City Manager shall meet with the Grievance Committee in an advisory capacity only during,their iberations. Such hearing will be scheduled within 10 days after the receipt of the written request a decision reached within 5 days after the hearing. The decisions of the Grievance Committee shall presented to the City Manager as a guide for final decision. employees shall not be appointed or retained on the basis of their political activity. Employees cted to exercise their legal right to vote, but shall not engage in any unusual political activity they shall not participate in municipal election campaigns. article shall be construed as the declaration of an employment policy 1)-y the City and shall not be rued as a contract with any employee or as creating any debt or obligation upon the City. The ance of sick leave and vacations shall at all times be subject to the availability of appropriated Department head means a person appointed by the City Manager who is responsible for the f a department.' Emprloyee means when used as one word a full,time hourly or monthly employee on a permanent basis i the City. Employer means when used as one word the City of Fayetteville and refers to all departments. Governing Body means the bity Board of Directors. . Immediate family means wife, husband, child, brother, sister, parents, father-in-law, mother-in-law, randmother, and grandfather of the employee only. Full-time Employee means an employee either hourly or monthly who is on a permanent basis with the ity. _ Regular earnings means the amount an hourly worker wbuild normally earn during a pay period. Regular salary rate means the amount paid to a worker paid on a monthly basis. means the actual hours of any one shift which a department is open for business or which an scheduled to work. Working hours means the actual hours of any one shift which a department is open for business or i an employee is scheduled to work. City Manager reported that only -one bid was received on the One-half ton, Four Wheel Drive, Pick-up .k to be used by the Sanitation Department and it was by Lewis -Ford Sales Co„ Fayetteville, Arkansas, $2,415.76 and he recommended the purchase of this truck. :etor Dunn moved that the City Manager be authorized to purchase the One-half ton Pbckup Truck from .s Ford Sales Co. for the sum of $2,415.76, motion was seconded by Diredtpr I/cFerran and passed unanimously. City Manager reported that only one bid was received on the Relocation of the Water & Sewer Maine g the Highway No. 16,Bypass and that it was much higher than had been anticipated for the cost of t set, therefore he recommended that all bids be rejected at this time. ctor McFerran moved that all bide on the Relocation of the Water & Sewer Mains along Highway No. 16 as be rejected at this time* motion was seconded by Director Melton and passed unanimously. 1 1 1 Referred petition of Vernon Wilson bact to ' Planning Commission. . Purpose of meeting mmqq 81 r. Vernon Wilson appeared before the Board of Directors and requested that his petition to rezone his roperty located at the Northwest Corner of the intersection of GARLAND AVENUE AND WEDDINGTON DRIVE, be eferred back to the Planning Commission for study -with reference to rezoning this property to R-3 ulti-Family Residential District.(The proposed ordinance to rezone this property,to C-1', Commercial istrict had been left on'its first reading at the regular meeting on Tuesday, September 6, 1966) fter a lengthy discussion, Director Christie moved to refer this petition back to the Planning Commissioc or study whether it is desirable to rezone this property to R-3,Multi-Family Residential District or Not nder the Land Use Plan, he motion was seconded by Director Dunn but after a long discussion and before a vote was taken, irector Christie, with the permission of Director Dunn, withdrew his motion. irector Melton then moved that the petition of Vernon Wilson to rezone certain property located at the orthwest Corner of the Intersection of Garland Avenue and Weddington Drive from R -1B Residential to -1-Commerclaal District be referred -back to the.Planning Commission for study as to"whether this property s desirable to be rezoned to R-3,Multi4amily Residential District under the Land Use Plan and that all nterested persons be notified of this action and of the meeting date of the Planning Commission when thi hall be considered. he motion was seconded by Director Dunn and upon roll call the following v6te was recorded, "Aye"Kerlin, wartz, Melton, Christie, and Dunn.'"Nay" MCFerran and Trumbo,% here being Five "Ayes" and only two "Nays", the Mayor declared the motion passed. being no further business, Director McFerran moved to adjourn. The motion was seconded by Director and passed unanimously, whereupon the Mayor declared the meeting adjourned. APPROVED: DON TRUMBO, MAYOR GEORG VIS, CITY CLERK Board of Directors of the City of Fayetteville, Arkansas met in special session on Wednesday, ember 21, 1966, at 7:30 p.m. in the Directors Room in the City Administration Building. ent: City Manager Gerald G. Fox, City Clerk George J. Davis, City Attorney Hugh Kinkaid, add d Members:Kerlin, Swartz, McFerran, Melton Christie, and Trumbo. Absent: Dunn, The Mayor reported that the purpose of the meeting was to discuss proposed ambulance service for the ity of Fayetteville, Arkansas, and that all members of the Board of Directors had been notified by . S. Mail and by telephone but Director Dunn was unable to attend the meeting but had waived notice f the special meeting. WAIVER OF NOTICE OF SPECIAL MEETING OF FAYETTEVILLEpBOARD OF DIRECTORS Comes now the undersigned, being a duly elected, qualidied'. and acting member of the Board of Directors ,og Phe City of Fayetteville, Arkansas, and specifically waives hotice of a special meeting of the ,Fayetteville Board of Directors to be held in the Directors Room of the City Administr tion Building, Fayetteville, Arkansas,'at 7:30 p.m;,'on September 21st, 1966., Dated this 21st day of September, 1966s Service . . Discussed Representatives of a proposed company apFeared before the Board of Directors and discussed a proposed ambulance service for the:City of Fayetteville and of Springdale. They requested that the two cities pay a subsidy of $24,000.00 for the first year of service in order for them to•meet operating expenses. The Board of Directors held a long discussion on the operation of ambulance.service by a private company and of the operation by the Fire Department of the City. Fire Chief Burl Skelton reported that the Fire Department did not want the ambulance service, but they were ready to operate if necessary: He discussed the methods of operation of the ambulance service by the Fire Department if the service was taken over by the City. No further action was taken at this time. There being no further business Director Melton moved to adjourn. The motion was seconded by Director Kerlin and passed unanimously, whereupon the Mayor declared the m ting adjourned. APPROVEDD ' ATAm �KJL R., MAYOR Special Melting The Board of Directors of the City of Fayetteville, Arkansas, met in special session on Wednesday, September 28, 1966, in the Directors. Room in the City Administration Building at 7:30 P. M. CST. Present: City Manager.Geraid G. Fox` City Clerk George J. Davis,,City Attorney Hugh Kincaid, and Directors: Swartz, McFerran, Melton, Christie; Trumbo, and Dunn. Purpose of Absent: Director James T. Kerlin, Meeting The Mayor reported that the purpose of the meeting was to disciiss,and take proper action on, the 'Ambulance Service for the City of Fayetteville and to take proper action on a resolution expressing .the intent of the City to furnish additional right -of --way for the widening of bridges within the City Limits along the Cato Springs Road, and that all members of the Board of Directors had been notified by U. S. Mail and by telephone but Director James Kerlin was out of the City and could not attend but had waived notice of the special meeting. Waiver of Notice WAIVER OF NOTICE OF SPECIAL MEETING OF FAYETTEVILLE CITY BOARD OF DIRECTORS of Special Meeting. Comes now the undersigned, being a duly elected, qualified, and acting member of the Board of Directors of the City of Fayetteville, Arkansas, and specifically waives notice of a special meeting of Fayetteville Board of Directors to be held in the Directors Room of the City Administration Building, Fayetteville, Arkansas, at 7:30 o'clock P. M., on September 28. 1966. Dated this 28th day of September, 1966.