02 Classification, Administration and Personnel S-34
TITLE 2
CLASSIFICATION, ADMINISTRATION AND PERSONNEL
Chapters:
2.04 City Classification
2.08 City and Ward Boundaries
2.12 Emergency Services
2.16 Social Security Coverage
2.20 Unclaimed Property
2.24 City Council
2.28 Mayor
2.32 Clerk/Treasurer
2.36 City Attorney
2.40 Civil Service Commission - Fire Department
2.44 Civil Service Commission- Police Department
2.46 Civil Service Rules and Regulations
2.48 District Court
2.52 Salaries of City Employees
2.54 Leave Policy-Public Health Emergency
C)) 2.56 Medical Insurance—Retired Officials
2.60 Fairview Cemetery Board
2.64 Historic District Commission
2.68 Library
2.72 Filing Deadline
2.76 Public Facilities Board
2.80 LOPFI
2.84 Life Safety Code
2.88 Policy for a Drug-Free Workplace
2.92 Regional Intermodal Facility
CHAPTER 2.04
CITY CLASSIFICATION
Sections:
2.04.01 Operation as first class city
17
S-22
2.04.01 Operation as first class city The city shall operate as a city of the first class under
the laws of the state of Arkansas.
CHAPTER 2.08
CITY AND WARD BOUNDARIES
Sections:
2.08.01 Ward boundaries
2.08.01 Ward boundaries The ward boundaries as delineated on the attached map are
hereby adopted as the official ward boundaries on the official map of the city of Van Buren,
Arkansas. (Ord. No. 2011-35, Sec. 1.)
CHAPTER 2.12
r
EMERGENCY SERVICES
Sections:
2.12.01 Workmen's Compensation benefits for emergency services workers
2.12.01 Workmen's Compensation benefits for emergency services workers
F. Benefits payable for the injury or death of persons appointed and regularly
enrolled in accredited emergency services organizations and covered by this Act
(Sections 11-1934— 11-1938, 11-1940— 11-1957), while actually engaged in
emergency service duties, either during training or during a period of emergency
and subject to the order, or control of, or pursuant to a request of, and under the
supervision and instruction of the Governor of the State of Arkansas; the State
Office of Emergency Services, or the chief executive officer, or the designated
Emergency Services Director, or a County of an accredited local government unit
making use of emergency service volunteer workers, shall be limited to the
provisions of the Arkansas Workers' Compensation Act, if such persons are
regularly employed by a local government or the State of Arkansas, or if such
person is a qualified emergency services volunteer worker of the State of
Arkansas or an accredited local organization for emergency services, recovery
shall be limited as hereinafter provided.
17.1
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VAN BUREN CITY WARD 1
Population Report
I �
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i
Black or African Population of two or more races
geoid20 Total Population Hispanic or Latino White Alone American Alone
050330202081024 129 15 92 0 6
050330202081025 249 25 181 11 11
050330202081026 56 5 42 0 7
050330202081028 49 7 24 0 10
050330202081029 57 5 48 0 4
050330202081030 249 37 180 11 16
050330202081031 31 6 15 4 2
050330202081033 143 18 98 7 20
050330202081034 0 0 0 0 0
050330202081035 0 0 0 0 0
050330202081036 0 0 0 0 0
050330202062005 57 22 13 6 11
050330202082006 65 7 51 3 1
050330202082008 52 4 41 0 7
050330202082010 54 9 33 0 12
050330202092011 48 0 35 3 4
050330202082012 97 18 60 5 7
050330203021000 45 6 32 0 0
050330203021001 32 1 27 0 4
050330203021002 21 2 15 0 4
050330203021003 51 2 37 2 7
050330203021004 24 0 23 0 0
050330203021005 13 0 10 0 3
050330203021006 35 8 22 1 4
050330203021007 50 2 36 0 7
050330203021008 49 2 38 6 3
050330203021009 15 3 0 3 9
050330203021010 36 3 29 0 3
050330203021011 237 3 201 0 20
Page 3 of 8
i
i
i
►i
i
geoid20 Total Population Hispanic or Latino White Alone Black or African Population of two or more races
American Alone
050330203022000 0 0 0 0 0
050330203022001 144 1 122 2 13
050330203022002 66 10 52 0 4
050330203022003 25 0 21 1 1
050330203022004 52 3 45 0 4
050330203022005 148 1 138 0 5
050330203022006 214 7 176 5 25
050330203022007 0 0 0 0 0
050330203022008 70 8 53 0 8
050330203022009 11 2 9 0 0
050330203022010 225 10 196 4 5
050330203022011 27 5 11 4 2
050330203022012 17 4 13 0 0
050330203022013 81 13 66 1 0
050330203022014 30 10 12 0 1
1150330203022015 25 0 10 10 2
050330203022016 0 0 0 0 0
050330203022017 51 16 28 0 5
050330203022018 40 4 30 0 6
050330203022019 27 9 13 3 2
050330203022020 92 18 70 0 4
050330203022021 20 0 13 2 5
050330203022022 20 4 15 0 1
050330203022023 25 7 16 0 1 i
050330203022024 23 3 13 p 7 i
050330203022025 12 0 3 i
3 6 i
050330203022026 10 6 0 0 3
j 050330203022027 0 0 0 0 0
050330203022028 0 0 0 0 0
Page 5 of 8
I
i
I
Ii
f
Black or African Population of two or more races
geoid20 Total Population Hispanic or Latino White Alone American Alone
050330205023048 9 3 5 0 1
050330205023049 0 0 0 0 0
050330205023050 8 3 5 0 0
050330205023051 0 0 0 0 0
050330205023052 0 0 0 0 0
050330205023053 0 0 0 0 0
050330205023054 0 0 0 0 0
050330205023055 0 0 0 0 0
050330205023056 0 0 0 0 0
050330205023057 0 0 0 0 0
050330205023058 0 0 0 0 0
050330205023059 0 0 0 0 0
050330205023060 6 1 3 0 0
050330205023061 12 2 8 1 1
050330205023062 12 2 8 1 1
050330205023063 14 1 13 0 0
050330205023064 13 3 6 4 0
050330205023065 10 0 9 1 0
050330205023066 9 0 9 0 0
050330205023067 0 0 0 0 0
050330205023068 4 0 4 0 0
050330205023069 0 0 0 0 0
050330205023070 0 0 0 0 0
050330205023071 0 0 0 0 0
050330205023072 0 0 0 0 0
050330205023073 27 0 26 0 0
050330205023074 0 0 0 0 0
050330205023075 0 0 0 0 0
050330205023076 0 0 0 0 0
Page 7 of 8
I
I
I
VAN BUREN CITY WARD 2
Population Report
I�
Black or African Population of two or more races
geoic120 Total Population Hispanic or Latino White Alone American Alone
050330205011007 21 14 6 0 1
050330205011008 20 4 2 0 6
050330205011009 0 0 0 0 0
050330205011010 0 0 0 0 0
050330205011011 0 0 0 0 0
050330205011012 0 0 0 0 0
050330205011013 0 0 0 0 0
050330205011014 0 0 0 0 0
050330205011016 0 0 0 0 0
050330205011018 0 0 0 0 0
050330205011022 63 31 29 2 1
050330205011023 166 74 82 0 7
050330205011025 0 0 0 0 0
050330205012000 239 40 162 4 22
050330205012001 54 21 14 4 2
050330205012002 12 6 5 0 0
050330205012003 46 22 16 3 2
050330205012004 77 14 48 9 3
050330205012005 0 0 0 0 0
050330205012006 553 116 304 29 47
050330205012007 78 35 28 3 12
050330205012008 105 46 26 12 12
050330205012009 42 13 13 1 5
050330205012010 86 34 31 6 2
050330205012011 75 42 23 0 5
050330205012012 0 0 0 0 0
050330205012013 0 0 0 0 0
050330205012014 0 0 0 0 0
050330205012015 0 0 0 0 0
Page 3 of 10
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I
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i
Black or African Population of two or more races
geoid20 Total Population Hispanic or Latino White Alone American Alone
050330205021014 17 7 5 0 5
050330205021017 0 0 0 0 0
050330205021018 14 2 4 3 2
050330205021027 0 0 0 0 0
050330205022000 0 0 0 0 0
050330205022001 188 8 151 6 21
050330205022002 40 2 38 0 0
050330205022003 61 2 52 0 5
050330205022004 0 0 0 0 0
050330205022005 362 57 265 18 17
050330205022006 158 8 118 9 13
05033020502.2007 331 11 272 6 30
050330205022008 39 5 24 0 9
05033020SM009 0 0 0 0 0
050330205022010 99 5 77 3 10
050330205022011 5 1 2 0 0
050330205022012 0 0 0 0 0
050330205022013 2 0 0 0 0
050330205022014 0 0 0 0 0
050330205022015 0 0 0 0 0
05033020SM016 0 0 0 0 0
050330205022017 0 0 0 0 0
050330205022018 0 0 0 0 0
050330205022019 38 4 27 0 6
050330205022020 39 11 26 0 1
050330205022021 28 4 14 0 2
050330205022022 0 0 0 0 0
050330205022023 20 2 6 0 10
050330205022024 0 0 0 0 0
Page 5of10
geoid20 Total Population Hispanic or Latino White Alone Black or African Population of two or more races
American Alone
050330205023013 10 1 8 0 0
050330205023014 28 1 26 1 0
050330205023015 14 0 13 0 1
050330205023016 23 0 23 0 0
050330205023017 14 7 6 0 1
050330205023018 24 0 20 0 4
050330205023019 39 1 23 0 7
050330205023020 7 0 7 0 0
050330205023021 9 1 6 0 0
050330205023022 33 1 17 0 10
050330205023023 13 0 12 0 0
050330205023024 0 0 0 0 0
050330205023025 0 0 0 0 0
050330205023026 9 2 7 0 0
050330205023027 0 0 0 0 0
050330205023028 0 0 0 0 0
050330205023029 0 0 0 0 0
050330205023031 0 0 0 0 0
050330205023032 6 1 3 1 1
050330205023033 8 0 8 0 0
050330205023034 0 0 0 0 0
050330205023035 10 0 8 0 0
050330205023036 13 0 7 0 3
050330205023037 0 0 0 0 0
050330205023038 12 0 12 0 0
050330205023039 22 2 19 0 1
050330205023040 27 4 16 0 5
050330205023041 0 0 0 0 0
050330205023042 11 0 9 1 1
Page 7 of 10
*1111111100
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i
Black or African Population of two or more races
geoid20 Total Population Hispanic or Latino White Alone American Alone
050330205024029 49 8 35 0 1
050330205024030 22 6 9 0 6
050330205024031 38 3 31 0 2
050330205024032 16 0 13 2 1
050330205024033 0 0 0 0 0
050330205024034 72 5 55 0 11
050330205024035 10 0 9 0 0 i
050330205024036 7 0 6 0 1
050330205024037 0 0 0 0 0
050330205024038 44 3 41 0 0
050330205024039 29 0 23 4 0
050330205024040 11 0 7 0 4
050330205024041 13 1 10 2 0
050330205024042 6 0 5 0 0
050330205024043 21 0 21 0 0
. 050330205024044 0 0 0 0 0
050330205024045 1 1 0 0 0
050330205024046 5 2 2 0 0
050330205024047 8 3 4 0 1
050330205024W 0 0 0 0 0
050330205024049 0 0 0 0 0
050330205024050 18 0 16 0 2
050330205024051 0 0 0 0 0
050330205024052 0 0 0 0 0
050330205024053 0 0 0 0 0
Report Totals
Date Exported:12j21i2021 1:46 PM
Page 9 of 10
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i
VAN BUREN CITY WARD 3
Population Report
I�
I
I
Black or African Population of two or more races
geold20 Total Population Hispanic or Latino White Alone American Alone
050330202041048 6 0 5 0 1
050330202071050 0 0 0 0 0
050330202081000 12 9 1 1 1
050330202081001 33 9 15 0 8
050330202081017 266 24 214 3 6
050330202081018 80 9 60 0 10
050330202081019 47 11 26 0 9
050330202081020 57 2 47 1 4
050330202081021 34 2 31 0 0
050330202081027 83 6 64 0 2
050330202062000 563 82 424 4 24
050330202082001 85 6 43 0 7
050330202082002 49 5 33 0 4
050330202082003 75 15 42 0 9
050330202082013 43 12 28 0 2
050330202082014 126 5 101 0 11
050330202082015 76 9 46 1 7
050330203011000 10 2 8 0 0
050330203011001 31 1 26 0 1
050330203011002 46 4 42 0 0
050330203011003 141 26 107 0 0
i 050330203011004 36 3 28 1 4
050330203011005 17 1 13 0 0
050330203011006 0 0 0 0 0
050330203011007 43 5 31 0 1
050330203011008 41 0 31 1 3
I 050330203011009 62 0 53 1 4
050330203011010 32 3 23 0 5
050330203011011 74 5 64 1 0
Page 3 of 7
i
Black or African Population of two or more races
geoid20 Total Population Hispanic or Latino White Alone American Alone
050330203012011 328 18 244 12 22
050330203012012 55 5 41 3 2
050330203012013 50 1 44 0 1
050330203012014 17 0 12 0 3
050330203012015 54 4 47 1 2
050330203012016 88 4 75 0 5
050330203012017 13 2 9 0 1
050330203012018 32 1 25 0 3
050330203012019 46 8 30 0 2
050330203012020 129 6 97 5 7
050330203012021 53 10 39 0 3
050330203012022 50 7 38 3 2
050330203012023 58 7 44 0 6
050330203012024 63 15 44 0 1
050330203012025 15 5 9 0 1
050330203012026 85 22 50 0 4
050330203012027 33 9 18 0 4
050330203012028 28 3 21 0 3
050330203012029 37 2 32 1 1
050330203012030 29 5 13 5 4
050330203012031 42 17 15 2 5
050330203012032 64 3 37 0 6
050330203012033 23 5 17 0 1
050330203013000 39 6 26 0 3
050330203013001 114 7 97 0 5
050330203013002 15 0 8 2 5
050330203013003 37 4 22 0 10
050330203013004 33 1 26 3 3
050330203013005 22 4, 18 0 0
Page 5 of 7
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geoid20 Total Population Hispanic or Latino White Alone Black or African Population of two or more races 1
American Alone @�
White Alone(Sum): 5762
Black or African American Alone(Sum): 127
Population of two or more races(Sum): 533
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B. The remedy provided herein shall be the exclusive remedy as against the State
and political subdivisions thereof.
C. For the purpose of workers' compensation coverage in cases of injury to or death
of an individual, all duly registered and qualified emergency services volunteer
workers shall be deemed local government or State employees and shall receive
compensation and their survivors shall receive death benefits in like manner as
regular local government or State employees for injury or death arising out of and
in the course of their activities as emergency services volunteer workers. If a
volunteer worker is injured or killed while subject to the order or control of an
accredited local government, compensation and benefits shall be charged against
the applicable Local government's experience rate and paid from the appropriate
State workers' compensation fund. If the emergency services volunteer worker
was under the order or control of a State agency when injured or killed,
compensation and benefits shall be charged against the experience rate of the
State agency who exercised order or control at the time of injury or death and paid
from the appropriate State workers' compensation fund.
D. For the purpose of subsection (c) of this section, the weekly compensation
benefits for such emergency services volunteer workers who receive no monetary
compensation for services rendered as such workers shall be calculated based
upon the wages received from their
regular or usual employments, the same as a regular local or State employee, with
respect to injury, disability or death. The reimbursement of Twenty -Five Dollars
($25.00) or less for out -of- pocket expenses incurred in response to an emergency
situation, such as gasoline, oil, uniforms, and required equipment, etc., shall not
be construed as monetary compensation for the volunteer worker.
G. In the event that any person who is entitled to receive benefits through the
application of subsection (c) of this section receives, in connection with the
injury, disability or death giving rise to such entitlement benefits under an Act of
Congress or Federal program providing benefits for emergency services workers
or their survivors the benefits payable hereunder shall be reduced to the extent of
the benefits received under such other Act or program. Any person who performs
the duties of such member or trainee as an adjunct to his regular employment and
who otherwise would be entitled to receive Workers' Compensation benefits for
his injury, disability, or death, is (if) injured in the performance of such duties,
shall be deemed to have been injured, disabled or killed in the course of his
regular employment.
18
F. An emergency services volunteer worker shall be deemed duly registered and
qualified when he meets the following requirements: When he is a member of and
has or file in either an accredited local emergency services organization, or in the
office of Emergency Services the following information:
1. name and address
2. date enrolled
3. loyalty oath
4. class of service assigned
G. Payments, death and disability benefits as herein provided shall be made from the
Worker's Compensation revolving fund for state employees. (Acts 1973, No. 511,
Sec. 22, page 1419;1977, No. 408, Sec. 6, page 855; 1981, No. 891, Sec. 5, page
2067)
CHAPTER 2.16
SOCIAL SECURITY COVERAGE
Sections:
2.16.01 Contract
2.16.02 Withholding taxes from wages
2.16.03 City to match withholding
2.16.01 Contract The Mayor and City Clerk are hereby authorized and directed to enter
into an agreement with the state for the propose of obtaining insurance coverage for the
employees of the city under the terms and provisions of the Federal Social Security Act.
2.16.02 Withholding taxes from wages Each employee's insurance contribution shall be
deducted from his salary check in accordance with the terms and provisions of the Social
Security Act.
19
2.16.03 City to match withholding There is hereby appropriated from the general fund
of the city the sums of money necessary to pay the city's share of the insurance tax in accordance
with the terms and provisions of the Social Security Act.
CHAPTER 2.20
UNCLAIMED PROPERTY
Sections:
2.20.01 Disposal
2.20.02 Sale
2.20.03 Proceeds of sale to owner
2.20.04 Proceeds remaining after six months
2.20.01 Disposal The Police Chief under the direction hereinafter set out is hereby
authorized and directed to dispose of at public auction all unclaimed personal property rightfully
coming into the hands of his office and to dispose of other confiscated property confiscated
under the orders of the city court with the exception of confiscated liquor.
STATE LAW REFERENCE-For procedure relating to liquor, see A.C.A. 3-3-312—3-3-315.
2.20.02 Sale All unclaimedproperty ersonalcoming into the hands of the Police Chief
P
will be held by him for a period of six (6) weeks or longer. If property remains unclaimed, he
shall periodically advertise such property in some newspaper of general circulation in the city
once each week for three (3) consecutive weeks setting forth in notice the time for the sale which
shall not be earlier than five (5) days after the last publishing of the notice and no later than ten
(10) days thereafter, designating an easily accessible place for the sale thereof, and giving a
complete list and description of unclaimed articles to be sold. The Police Chief shall have the
right to refuse any and all bids not satisfactory and will then proceed to advertise these items for
sale at a later date. Terms of such sale shall be for cash only. Nothing in this chapter shall
prohibit any person who properly identifies any of the property as being their own before the sale
from claiming and having property restored to them.
2.20.03 Proceeds of sale to owner The Police Chief shall deposit the receipt from the
aforesaid sale of unclaimed property in the treasury and the treasurer is to keep these funds in a
special account for a period of six (6) months and any person identifying as his own any of such
property within the six (6) month period shall upon the presentation of satisfactory proof be paid
by city warrant out of the special account the amount of which the property was sold. The Police
Chief or some person designated by him shall keep in a well bound book an accurate record and
description of each piece of unclaimed
20
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property passing through his office and the price for which it was sold and the date, the name and
address of those who purchased same, as well as a complete record of those who identified and
claimed any of the property before it was sold.
2.20.04 Proceeds remaining after six months All proceeds from the sale remaining in the
special fund for a period of six (6) months shall by the treasurer be transferred to the city's
general fund and no further payment shall be made therefrom to anyone who thereafter claims
ownership.
CHAPTER 2.24
CITY COUNCIL
Sections-
2.24.01 Council meetings - regular
2.24.02 Council meetings - special, called by Mayor
2.24.03 Council meetings - special, called by Council
2.24.04 Business of special meetings
2.24.05 Notice to news media of special meetings
2.24.06 Presiding officer
2.24.07 Conduct
2.24.08 Record of proceedings
2.24.09 Publication
2.24.10 Writing required
2.24.11 Procedure
2.24.12 Readings
2.24.13 Suspension of rules
2.24.01 Council meetings - regular The meeting time for the regular City Council
meetings is established at 5:30 P.M. on the fourth Monday of each month. (Ord. No. 9-2017,
Sec. 1.)
2.24.02 Council meetings - special, called by Mayor The Mayor shall have power, when
in his judgment, it shall be for the interest of the city to call a meeting of the City Council. Such
meeting shall be called by the Mayor fixing the time of the meeting and issuing or causing to be
issued a notice to each alderman to attend such meeting in which notice the object of the meeting
shall be stated in general terms. (Ord. No. 81-39, Sec. 2)
2.24.03 Council meetings - special, called by Council Whenever three (3) aldermen
shall sign a notice to the other members of the City Council of a special meeting of the Council,
stating therein the object of such meeting, such special meeting shall be held at the time
designated in the call, such notice shall be served by the Police Chief. (Ord. No. 81-39, Sec. 3)
21
2.24.04 Business at special meeting At special meetingno other business shall be
p � any
transacted except that for which the meeting was called. The Council can lawfully sit and
transact any business at any time without notice when all the members of the Council are
present. (Ord. No. 81-39, Sec. 4)
2.24.05 Notice to news media of special meeting In the event of a special meeting,the
Mayor or alderman calling the meeting shall notify the representatives of the newspaper,radio
stations and television stations, if any,located in this county, and which have requested to be so
notified of such special meetings,of the time,place and date at least two (2)hours before such a
meeting takes place in order that the public shall have representatives at the meeting. (Ord. No.
81-39, Sec. 5)
2.24.06 Presiding officer The Mayor shall preside at the meetings during the term or
which he was elected, and in case his vote is needed to pass any by-law, ordinance,resolution or
order or motion,the Mayor may vote. In the absence of the Mayor,an alderman shall be elected
to preside over the Council. (Ord. No. 81-39, Sec.6)
2.24.07 Conduct Any person who shall disrupt or interfere with a meeting of the
Council or creates a disturbance in such meeting,may be charged with such offense,and if
convicted,shall be punished in accordance with the laws of the state. (Ord. No. 81-39, Sec. 7)
•
2.24.08 Record of proceedings The City Clerk/Treasurer shall keep a journal of its
proceedings in the manner as other legislative bodies. The yeas and nays shall be taken and
entered upon the journal on any by-law,motion, ordinance,or resolution. (Ord. No. 81-39, Sec.
8)
2.24.09 Publication When any ordinance of a general or permanent nature and those
imposing any fine,penalty or forfeiture shall be passed,the City Clerk/Treasurer shall furnish a
copy to a newspaper of general circulation in the city for publication. (Ord. No. 81-39, Sec. 9)
2.24.10 Writing required No amendment or resolution shall be offered except in writing
and the questions shall be put on the last amendment offered, and in filling blanks,the question
shall always be taken on the longest time, largest and highest number proposed. (Ord. No. 81-
39, Sec. 10)
2.24.11 Procedure The Procedural Rules for Municipal Officials booklet published by
the Arkansas Municipal League,three(3)copies of which are on file in the City
Clerk/Treasurer's office, are hereby adopted as the rules to be followed in the conducting of
meetings of the governing body. (Ord. No. 81-39, Sec. 11)
2.24.12 Readings All resolutions must be read,seconded and stated by the chair before
they shall be subject to debate. (Ord. No. 81-39, Sec. 12)
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3
2.24.13 Suspension of rules No rules contained in this ordinance or the Procedural Rules
for Municipal Officials adopted by reference hereby shall be suspended except by unanimous
consent of all the members of the Council. (Ord. No. 39-81, Sec. 13)
CHAPTER 2.28
MAYOR
Sections:
2.28.01 Office created
2.28.02 Election
2.28.03 Duties
2.28.04 Appointment of officers
2.28.05 Salary
2.28.06 Spouse may receive benefits
2.28.01 Office created The office of Mayor is hereby created.
STATE LAW REFERENCE-See A.C. A. 14-42-102
2.28.02 Election On the Tuesday following the first Monday in November, 1982 and
every four(4)years thereafter, the qualified voters of Van Buren shall elect a Mayor for four(4)
years.
STATE LAW REFERENCE-See A.C.A. 14-43-305, Act 12 of 1965
2.28.03 Duties As chief executive of the city the Mayor shall preside over all meetings
of the City Council and shall perform such duties as may be required of him by state statute or
city ordinance.
2.28.04 Appointment of officers The Mayor shall appoint, with the approval of the City
Council (where such approval or confirmation is required) all officers of the city whose election
or appointment is not provided for by state statute or city ordinance.
2.28.05 Salary Beginning on the first day of January 2020, the annual salary of the
Mayor shall be $86,000.00 (Ord. No. 2019-19, Sec. 1.)
23
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S-34
2.28.06 Spouse may receive benefits Under the authority of A.C.A., Section 24-12-123,
on the death of a Mayor retired under the provisions of Subsection (A) of said statewide or any
other acts of the General Assembly, or any Mayor who dies in office after becoming eligible to
retire under said state or any other acts of the General Assembly, the spouse of the Mayor, who
has been married to the Mayor for ten (10) years or longer, shall be entitled to receive one-half
(l ) of the retirement benefit the retired Mayor was receiving or one-half(1/2) of the retirement
benefit the Mayor who died in office was entitle to receive. Upon the remarriage of surviving
spouse, the said benefits shall cease. (Ord. No. 32-94, Secs. 1-2.)
CHAPTER 2.32
CLERK/TREASURER
Sections:
2.32.01 Offices combined
2.32.02 Bond
2.32.03 Compensation
2.32.04 Duties
2.32.05 Collector
p) 2.32.06 Car allowance
2.32.01 Office combined The offices of City Clerk and City Treasurer are hereby
combined into one office to be known as Clerk/Treasurer.
2.32.02 Bond The Clerk/Treasurer shall give bond to the city in the amount required by
state law to guarantee faithful performance of his duties.
STATE LAW REFERENCE-See A.C.A. 19-1-401 as amended by Act 940 of 1977; Hdbk. 25-
2.4
2.32.03 Compensation Beginning on the first day of January 2020, the annual salary of
the City Clerk-Treasurer shall be $59,000.00 (Ord. No. 2019-19, Sec. 1.)
2.32.04 Duties The duties of the Clerk/Treasurer shall be:
F. To keep an accurate and complete record of the finances of the different
departments of the city and of the receipts and disbursements of funds belonging
to the different departments of the city, as designated by the City Council.
B. Perform such other duties as may be required by the ordinances of the city or laws
0 of the state.
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C. He shall cancel with a stamp all warrants paid by him, or for which he takes
credit;which stamp shall be provided for that purpose,showing date of
cancellation. All canceled warrants shall be turned over to the city council at the
end of each quarter together with a quarterly statement showing all the receipts
and disbursements and from what sources received and to whom paid;also the
balance in the treasury to the credit of each account.
D. The Clerk/Treasurer shall meet with the City Council at its first meeting of said
council in each month and give a financial statement of the different departments
at that time if so requested by the council.
E. He shall make a report in writing once in each quarter:the first Thursday in
January, October,July and April,in each year. The April report shall be his
annual report, and shall show the total amount received during the year and the
total amount disbursed during the year,from what sources received and to what
account paid.
F. The Clerk/Treasurer shall keep the cash account of the city in a book kept for that
purpose.
G. The cash book shall clearly show all moneys received and disbursed by him on
behalf of the city,setting forth the date of receipt and date of disbursement, from
whom received and to who paid,and on what account received and on what
account paid.
H. All books, ledgers and records pertaining to the business and finances of the city
in the custody of the treasurer, shall be kept in the vault in the city hall.
2.32.05 Collector The Clerk/Treasurer shall be the collector of all occupation and
privilege taxes, and all automobile license taxes for the city. The Clerk/Treasurer shall keep a
separate record on all occupational and automobile license taxes and moneys collected.
2.32.06 Car allowance for City Clerk The City Clerk is hereby granted a car allowance
in the amount of$3,000.00 per year,to be paid at a rate of$250.00 per month. The Mayor is
authorized to pay same out of the general fund. (Ord.No. 2002-24, Sec. 1-2.)
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CHAPTER 2.36
CITY ATTORNEY
Sections:
2.36.01 Election
2.36.02 Duties
2.36.03 Compensation
2.36.04 Other legal services
2.36.01 Election The office of the elected City Attorney shall be considered part-time.
(Ord. No. 10-2010, Sec. 1.)
2.36.02 Duties The duties of the elected City Attorney shall be limited to attending all
Planning Commission meetings, all regular and special meetings of the City Council, ensuring
that City Council meetings are conducted lawfully, and to ensure that ordinances, resolutions,
etc., are drafted and read correctly in compliance with local, state and federal law. (Ord. No. 10-
2010, Sec. 2.)
2.36.03 Compensation Beginning on the first day of January 2018, the salary of the
City Attorney shall be $13,000.00. (Ord. No. 23-2017, Sec. 1.)
2.36.04 Other legal services The City Council authorizes the Mayor as necessary to
enter into contracts for legal services with private attorneys for city business. The City Council
agrees to also authorize the Mayor to enter into an agreement with the Crawford County
Prosecuting Attorney's office to handle city prosecution. (Ord. No. 10-2010, Sec. 4.)
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CHAPTER 2.40
CIVIL SERVICE COMMISSION - FIRE DEPARTMENT
Sections:
2.40.01 Appointment of Commission
2.40.02 Operation of
2.40.03 Civil Service Regulations
2.40.04 Fire Marshal
2.40.01 Appointment of Commission The Civil Service Commission shall be appointed
by the Mayor in accordance with Article 1 of the Civil Service Regulation of the Police and Fire
Departments of the city of Van Buren, Arkansas, subject to approval by the City Council. (Ord.
No. 2010-20, Sec. 1.)
2.40.02 Operation of Said Commission will organize and conduct business as et forth by
the laws of the state of Arkansas. (Ord. No. 79-35, Sec. 2.)
2.40.03 Civil Service Regulations The Civil Service Rules and Regulations shall be
3
modified as set forth in Attachment A hereto.
Pursuant to Article XI Section 3 of the Civil Service Rules and Regulations, all current
rules and regulations of the Police Department and Fire Department are hereby ratified and
adopted. (Ord. No. 2018-04, Secs. 1-2.)
2.40.04 Fire Marshal The position currently designated in the Van Buren Fire Department
as Fire Marshal is hereby declared to be the office or position of Municipal Fire Marshal created
by this ordinance and the person serving in that position shall be authorized to carry out such
duties and responsibilities as set out in A.C.A., Sec. 14-53-112. (Ord. No. 96-32, Sec. 1.)
In order to exercise the authority set forth in A.C.A., Sec. 14-53-112, any person serving
as Municipal Fire Marshal in and for the city of Van Buren shall be required to meet all
requirements and prerequisites set forth in said section. (Ord. No. 96-32, Sec. 2.)
at
is
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CHAPTER 2.44
CIVIL SERVICE COMMISSION-POLICE DEPARTMENT
Sections:
2.44.01 Established
2.44.02 Implementation of policies
2.44.03 Rules
2.44.04 Civil Service Commission
2.44.01 Established The city hereby establishes a Police Department which shall be
known as the "Van Buren Police Department" and the duties thereof shall be to maintain police
protection and police services within the city of Van Buren.
2.44.02 Implementation of policies The Mayor and Chief of Police are authorized
pursuant to A.C.A. 14-52-101 to adopt and implement internal rules, regulations, and policies
pertaining to the operation of the city of Van Buren Police Department to the extent such
provisions are not in conflict with the Van Buren Civil Service ordinance or state law. (Ord. No.
2008-7, Sec. 1.)
2.44.03 Rule
s All employees of the city, including those within the Civil Service
Commission shall be subject to any rules regulations or personnel policies adopted by the city to
the extent such provisions are not in conflict with the Van Buren Civil Service ordinance or state
law. (Ord. No. 2008-7, Sec. 1.)
2.44.04 Civil Service Commission
A. Pursuant to the provisions of A.C.A. 14-15-101 et seq, the same being Act 28 of
the Acts of the Arkansas Legislature of 1933, as amended, the Van Buren,
Arkansas, Police Department, in accordance with the provisions thereof, is
placed
B. Pursuant to the provisions of A.C.A. 14-51-101 et seq, the same being Act 28 of
the Acts of the Arkansas Legislature of 1933, as amended, the existing Civil
Service Commission of Van Buren, Arkansas, which presently only operates as to
the Van Buren, Arkansas, Fire Department, shall be the Civil Service Commission
of Van Buren, Arkansas, as to both the Van Buren, Arkansas, Police and Fire
Department Civil Service Commission. (Ord. No. 92-17, Sec. 2.)
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C. All provisions of A.C.A. 14-51-101 et seq, the same being Act 28 of the Acts of
the Arkansas Legislature of 1933, as amended, are hereby adopted and, by
reference, become a part of this ordinance. (Ord. No. 17-92, Sec. 3.)
D. This ordinance shall be severable, and should any part hereof be declared to be
invalid, for any reason, all other provisions that may be effective, without the
invalid portions hereof shall remain in full force and effect. (Ord.. No. 92-17,
Sec. 4.)
E. All ordinances, and parts of ordinances, in conflict with this ordinance, are hereby
repealed. (Ord. No. 92-17, Sec. 5.)
F. The Civil Service Rules and Regulations shall be modified as set forth in
Attachment A hereto.
Pursuant to Article XI Section 3 of the Civil Service Rules and Regulations, all
current rules and regulations of the Police Department and Fire Department are
hereby ratified and adopted. (Ord. No. 2018-04, Secs. 1-2.)
CHAPTER 2.46
CIVIL SERVICE RULES AND REGULATIONS
Sections:
2.46.01 Amendments
2.46.01 Amendments The Van Buren Civil Service Rules and Regulations are hereby
amended as follows: (Ord. No. 2019-18, Sec. 1)
Article III, Section I and Section II, shall read:
A. Beginning October 28, 2019, these Civil Service Regulations shall apply to and be
effective and in force as to all uniformed employees and/or certified personnel of
the Police Department working fulltime in the existing or future positions of:
Captain, Lieutenant, Sergeant, Corporal, Patrol Officer, Detective, and Animal
Control Officer. Dispatchers hired before October 28, 2019, shall remain under
Civil Service Regulations. Any person holding the position of Part-Time Police
Officer II, who wishes to be appointed to any full-time Patrol Officer position
within the Police Department shall be subject to the procedure for appointment as
set out in Article IV herein.
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CI B. These Civil Service Regulations shall be effective and be in force as to all
uniformed and non-uniformed employees of the Fire Department working either
full or part-time, in the existing or future positions of Deputy Chief, Assistant
Chief/Battalion Chief, Captain, Driver/Operator/Lieutenant or Firefighter. (Ord.
No. 2019-18, Sec. 2)
Article IV, Section I, shall read:
A. A person must be at least eighteen (18) years of age and must not have arrived at
thirty-five (35) years of age to be eligible for appointment to any position on the
fire department. (Ord. No. 2019-18, Sec. 3)
Article VII, Section II, shall read:
A. For the Police Department, a score of not less than sixty (60) points of a possible
one hundred (100) points on the Civil Service written examination must be
achieved in order for an applicant to pass the Civil Service written examination
and to be considered for promotion. In order to pass the Police Department
Performance Evaluation, the applicant cannot have one or more of "Does Not Meet
Expectations or Standards" scored on his or her Performance Evaluation. In order
to be eligible for promotion, a minimum score of sixty (60) points must be also
attained on the oral review board score. The combined score of the written
examination and oral review will determine the ranking of the officer on the
promotion list. (Ord. No. 2019-18, Sec.4)
Article IV, Section 6 (Probationary Appointment Policy) shall read:
A. All applicants for either the Police or Fire Departments shall be required to take a
physical agility or position appropriate skills-related test and to submit to a
background check. Applicants are permitted to take the physical agility or skills-
related test a maximum of two times in order to pass, if needed. The attempt of
the second test will be at the discretion of the department representative. Failure
to successfully complete the physical agility or skills related test and/or a
deficiency in the applicant's background check shall disqualify a candidate from
further consideration during that examination period.
B. In addition, all applicants for appointment to the Police Department as a patrol
officer, who have passed the written examination and physical agility test, shall be
interviewed by the Police Department Review Board made up of one patrolman,
one Corporal, one Sergeant and the Police Chief or his representative, all
appointed by the Police Chief.
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C. All applicants for appointment to the Fire Department shall be interviewed by the
Labor/Management Committee. The Review Board or Labor/Management
Committee shall question the candidates regarding any areas of concern and
determine such things as the candidate's motivation, demeanor, attitude and
ability to communicate.
D. An overall percentage rating of less than seventy percent (70%) will disqualify a
candidate from further consideration for employment with the Police Department
or Fire Department. The Police Review Board and the Labor/Management
Committee shall report their evaluations to their respective chief and the Civil
Service Commission. Any score accumulated by the candidate during said
interview shall not be combined or averaged with the candidate's score from the
written examination. After completion of the written examination, background
check and physical agility test, the Commission shall compile an eligibility list for
each department of candidates who have passed all of the respective tests. Said
successful candidates shall be entered on the eligibility list in order of their
standing on the written examination. (Ord. No. 2020-21, Sec. 2)
Article IV, Section 7(Probationary Appointment Policy) shall read:
A. When a position becomes vacant, the Commission shall certify to the Chief of the
respective Department the three (3) candidates standing highest on the eligibility
list otherwise available and qualified for appointment to the rank of service, and
tentative appointment shall be made by the Chief from those so certified. After
selection of an individual for appointment, all remaining applicants for
appointment, including those certified but not selected by the Chief will remain
on the eligibility list.
B. The applicant selected for appointment will be given notice that they shall have
ten (10) days from the receipt of the notice to accept the appointment. If unable to
reach the candidate by oral or electronic notification the candidate will be notified
by certified mail. Failure to accept appointment shall result in forfeiture of all
rights under said eligibility list, unless the individual makes written application to
the Commission within such ten (10) days period and receives, at the discretion of
the Commission, additional time in which to accept the appointment. Such request
shall not constitute a grievance request. If the individual accepts the notice in
person and by written signature, the requirement of notice by Certified Mail may
be dispensed. (Ord. No. 2020-21, Sec. 3)
Article IV, Section 10 (Probationary Appointment Policy) shall read:
A. After an applicant has been tentatively appointed, that individual must submit to a
physical examination and drug screen. Applicants seeking employment with the
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Police Department must also submit to a polygraph or Computer Voice Stress
Analysis (CVSA) examination. Individuals tentatively appointed to the Police
Department shall be fingerprinted and photographed and must undergo a
psychological examination and interview, successfully completing both. (Ord. No.
2020-21, Sec. 4)
CHAPTER 2.48
DISTRICT COURT
Sections:
2.48.01 District Court established
2.48.02 Qualifications and powers of District Judge
2.48.03 Salary of District Judge
2.48.04 Salary of District Court Clerks
2.48.04 Creation of Retirement Board
2.48.05 Operation of Board
2.48.06 Time payments
2.48.07 Additional fines
2.48.08 Collection services
4))
2.48.01 District Court established The District Court is hereby established for the city.
STATE LAW REFERENCE-A.C.A. 16-17-201 et. seq.
2.48.02 Qualifications and powers of District Judge The District Judge shall possess the
same qualifications and have the same powers,jurisdiction, functions and duties as is provided
by state law for other District Judges.
2.48.03Salary of District Judge
1. Beginning on the 1st day of January, 2018, the city's share of the District Court
Judge's salary to be submitted to the state of Arkansas Department of Finance and
Administration shall be as follows: District Court Judge $27,551.90. (Ord. No.
23-2017, Sec. 2.)
2. Beginning on the first day of January 2018, Crawford County's share of the
District Court Judge's annual salary to be submitted by the City of Van Buren to
the State of Arkansas Department of Finance and Administration in accordance
with the lnterlocal Agreement dated December 19, 2016 shall be as follows:
District Court Judge $18,774.33. (Ord. No. 23-2017, Sec. 3)
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2.48.04 Salary of District Court Clerks The salaries of the District Court Clerks shall be
increased as follows:
Chief Clerk $639.24
Chief Deputy Clerk $2,055.92
Deputy Clerk#1 $496.10
Deputy Clerk#2 $496.10
Deputy Clerk#3 $496.10
The raises set out above shall be retroactive to January 1,2001. The budget of the city of
Van Buren for the year 2001 shall be amended to accommodate the above raises. (Ord.No.
2001-8, Secs. 1-3.)
2.48.04 Creation of Retirement Board There is hereby created in the city of Van Buren,
Arkansas, a Board of Trustees for the District Judge and District Court Clerk Retirement Fund
consisting of the Mayor,City Clerk/Treasurer, and the District Judge who shall receive and
administer tie-funds collected under the provisions of Act 432 of 1973 and shall have the power
to make necessary rules for the same. (Ord. No. 1973-9, Sec. 1)
2.48.05 Operation of Board The said Board shall be organized and function as set out in
said Act. (Ord. No. 1973-9, Sec. 2)
2.48.06 Time payments
A. All time payments collected by the Van Buren District Court shall be allocated at
fifty percent(50%)to court costs and fifty percent(50%)to fines. Whenever
either court costs or fines are fully paid, all remaining time payments collected
shall be allocated to remaining amounts due.
B. This alternative allocation of payments shall become effective at such time as the
District Court is capable of computing such allocation with its computer system.
(Ord.No. 99-27, Secs. 1-2.)
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2.48.07 Additional fines
Ord. No. 99 -32, Secs. 1 -2.
Pursuant to the authority granted by A.C.A. Section 16 -17 -129, an additional $5.00 fine
is imposed where the defendant pleads guilty or nolo contendere to, is found guilty of, or forfeits
bond for any misdemeanor or traffic violation in the District Court.
The additional fine shall be used exclusively to defray the cost of incarcerating city
prisoners, including the construction and maintenance of a city jail and payments to other entities
for incarcerating city prisoners.
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Ord. No. 2009 11, Secs. 1 2.
Pursuant to the authority granted by A.C.A. 16 -17 -129, as amended by Act 209 of 2009,
Van Buren Ord. No. 99 -21 is hereby amended to provide for an additional Twenty Dollar
($20.00) jail fee to be levied and collected where the defendant pleads guilty or nolo contendere
to, is found guilty of, or otherwise forfeits bond for any misdemeanor or traffic violation in the
Van Buren District Court.
This additional jail fee shall be used exclusively to defray the cost of incarcerating city
prisoners, including the construction and maintenance of a city jail and payments to other entities
for incarcerating city prisoners.
2.48.08 Collection services
A. The City Council waives the requirements of competitive bidding in this
particular case as such procedure is not deemed feasible or practical.
B. The Mayor is authorized to enter into a contract with Gila Corporation d/b /z
Municipal Services Bureau for collection services for the Van Buren District
Court. (Ord. No. 4 -2004, Secs. 1 -2.)
C. The Crawford County District Court-Van Buren Division is hereby designated as
the primary agency responsible for the collection of fines. (Ord. No. 13 -2013,
Sec. 1.)
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CHAPTER 2.52
SALARIES OF CITY EMPLOYEES
Section:
2.52.01 Cost of living raise
2.52.02 Includes pay for holidays
2.52.03 Sick leave policy
2.52.01 Cost of living raise All full-time employees and permanent, part-time
employees of the city of Van Buren, are hereby granted a 3% cost of living increase beginning
January 1, 2004. Salaries shall be paid in semi-monthly payments. (Ord. No. 2003-13, Sec. 1.)
2.52.01 Includes pay for holidays The appropriations made by the City Council for
salaries shall include additional pay for holidays for all agents, servants and employees of the
city, including but not limited to uniformed employees, as provided by the laws of the state of
Arkansas.
2.52.02 Sick leave policy Full time non-uniformed employees of the city of Van Buren
shall be allowed to accumulate up to ninety (90) days of sick leave without loss of days, if
unused. If, at the end of the employee's term of service, upon retirement or death, whichever
-, occurs first, said employee has unused accumulated sick leave, that employee shall be paid for
this sick leave at the regular rate of pay in effect at the time of retirement or death. (Ord. No. 92-
7, Secs. 1-2.)
CHAPTER 2.54
LEAVE POLICY-PUBLIC HEALTH EMERGENCY
Sections:
2.54.01 Public Health Emergency
2.54.02 Deviation due to Public Health Emergency
2.54.03 Return to Work
2.54.04 Deviation due to Public Health Emergency, cont.
2.54.05 Regular Leave Provisions
{
2.54.01 Public Health Emergency During the state of public health emergency declared
by the Governor due to COVID-19 and as required by the Families First Coronavirus Response
Act, the following rules will be in place, and to the extent the City of Van Buren Employee
Policy Manual as adopted by Resolution No. 7-2-2001 and as revised by Resolution No. 2-5-
2003 and 7-3-2005 conflicts, the terms set forth in this Ordinance shall supersede the Policy
Manual during the period of the public health emergency and as required by the Families First
Coronavirus Response Act. (Ord. No. 2020-11, Sec. 1)
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2.54.02 Deviation due to Public Health Emergency S-34
A. The following employees shall be paid their regular pay for up to fourteen days but no
less than eighty hours:
(i) Employees subject to a Federal or State COVID-19 quarantine or isolation order;
(ii) Employees who have been advised by a health care provider to self-quarantine
due to COVID-19 concerns;
(iii) Employees experiencing symptoms of COVID-19 and is seeking a medical
diagnosis;
(iv) Employees who are caring for an individual described in (i) or (ii) above;
(v) Employees who are caring for a child whose school or place of care is closed, or
the childcare provider of the child is unavailable due to COVID-19 precautions;
or
(vi) Employees who are experiencing substantially similar conditions as specified by
the Secretary of Health.
B. This paid time shall not be taken out of any leave bank of the employee. For
physician-imposed quarantine, the employee must provide documentation from
the doctor's office.
C. The Mayor or Department Head may additionally identify an employee subject to
quarantine based upon self-reporting of identified risk factors as explained by the
CDC, fact specific information related to travel locations, or high-risk
transmission settings, personal contact with a presumptive case of COVID-19, or
if the employee has observable symptoms consistent with the guidelines published
by the Centers for Disease Control. Employees identified by the Mayor or
Department Head will receive up to fourteen days of paid time off except that an
employee who has voluntarily exposed him or herself to the virus may be required
to utilize sick leave rather than paid time off unless or until the employee meets
the factors set forth herein in Section 2(A)(i), (ii), (iii), (iv), (v) or (vi). (Ord. No.
2020-11, Sec. 2)
2.54.03 Return to Work Employees who are diagnosed with COVID-19 or have
COVID-19 symptoms but are unable to be tested due to a shortage of testing supplies or because
of mandates limiting the use of testing shall not return to work for up to fourteen days from
initial diagnosis or onset of symptoms. A medical release shall be required from the physician or
physician's office who originally diagnosed the employee to return to work. (Ord. No. 2020-11,
Sec. 3) 34.1
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2.54.04 Deviation due to Public Health Emergency, cont. In accordance with Families
First Coronavirus Response Act (FFCRA), Employees who have worked for the City at least
thirty (30) days who do not qualify for sections 2 and 3 of this Ordinance, but who are unable to
work or telework because they need to care for a minor child because the child's school or place
of care has been closed or because the child care provider is unavailable due to a COVID-19
emergency may choose to stay home with their child for a period of up to twelve weeks and will
be: paid 2/3 of the employee's regular rate of pay.
(i) An employee who chooses to stay home under this option may elect to use any
accrued paid time off, including sick leave, vacation leave, comp time, and
personal time off instead.
(ii) The first fourteen days of leave. the employee will be paid the employee's regular
salary in accordance with Section 2 above rather than under this Section 4. (Ord.
No. 2020-11, Sec. 4)
2.54.05 Regular Leave Provisions Employees who choose to take time off during this
declared public-health emergency for any reason other than those listed above, are still subject to
the regular leave provisions as outlined in the City of Van Buren Personnel Policy Manual. Ord.
et No. 2020-11, Sec. 5)
CHAPTER 2.56
MEDICAL INSURANCE - RETIRED OFFICIALS
Sections:
2.56.01 Eligibility
2.56.01 Eligibility
A. The city hereby clarifies that at any age, qualified retired city employees and
officials, and their families, are eligible for retiree coverage under the city's
municipal health plan if they are otherwise qualified under Act 1279 (A.C.A. 24-
12-132.)
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B. Passage of this ordinance is necessary to assure the orderly and productive
administration of the city's policies concerning all its employees. It is essential
that city employees receive prompt notification concerning the benefits available
to them upon retirement, and such notice should be made at the earliest possible
moment. Accordingly, this ordinance shall become effective January 1, 2010.
This will remain in effect unless or until repealed or the city's health plan no
longer permits the city to take advantage of this provision. (Ord. No. 2009-23,
Sec. 1-2.)
CHAPTER 2.60
FAIRVIEW CEMETERY BOARD
Sections:
2.60.01 Established
2.60.02 Board composition and terms
2.60.03 Officers and meetings •
2.60.04 Annual report
2.60.05 Responsibility and authority
2.60.06 Litigation
2.60.07 Finances
2.60.08 Permanent care fund
2.60.09 Initial appointments
2.60.10 Fairview Cemetery Association
2.60.11 National Register of Historic Places
2.60.01 Established. There is hereby established an agency of the city of Van Buren,
Arkansas, designated the "Fairview Cemetery Board" (hereinafter, "Board"). The existence of
this agency shall continue indefinitely until modified or abolished by ordinance. (Ord. No. 74-
28, Sec. 1)
2.60.02 Board composition and terms. The Board shall be composed of five(5)
qualified electors of this city, each of whom shall be nominated by the Mayor and appointed by
resolution of the City Council. After the initial organization, each Board member shall serve a
term of five (5) years and until his successor is appointed by the Council. Terms of Board
members shall ordinarily begin on January 1S` , and expire on December 31st , of the appropriate
years. (Ord. No. 74-28, Sec. 2)
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2.60.03 Officers and meetinus The Board shall elect a Chairman and a Secretary and
shall adopt an official seal. Three (3) members shall constitute a quorum. The Board shall meet
at least once a year in January, and at such other times as the Board may determine. The Board
may, to the extent permitted by law, including this ordinance, establish its own rules of
procedure and times of meeting. (Ord. No. 74 -28, Sec. 3)
2.60.04 Annual report The Board shall, each January, make its full report in writing to
the Mayor anti City Council, covering all matters within its authority, including a full financial
report. (Ord. No. 74 -28, Sec. 4)
2.60.05 Responsibility and authority The Board shall have the responsibility for the
preservation, maintenance, improvements, and operation of Fairview Cemetery, which is located
in, and owned by, the city of Van Buren. The Board shall have complete authority in matters of
ordinary operation of the cemetery. In this end, the Board shall have, and is hereby granted, all
and any powers which can lawfully be granted to an agency of an agency of an Arkansas city
charged with such a responsibility. The Board shall have the power, without limitation, to
acquire and dispose of property and to enter into contracts, and to open and close streets and
alleys within the cemetery. (Ord. No. 74 -28, Sec. 5)
2.60.06 Litigation Litigation for the benefit of the Board shall be brought only in the
name of the city of Van Buren, upon authorization by the City Council by its resolution.
Nothing in the ordinance shall be construed to waive in any maimer the sovereign immunity, or
other judicial immunity, of the city of Van Buren in natters respecting Fairview Cemetery or
otherwise. (Ord. No. 74 -28, Sec. 6)
2.60.07 Finances The Board may receive, and dispose of, all funds which would be
received or disposed of by this city in connection with Fairview Cemetery. All investments of
funds by the Board shall be only in a manner which is authorized for public funds of the city of
Van Buren by the statutes of the state of Arkansas. (Ord. No. 74 -28, Sec. 7)
2.60.08 Permanent care fund The Board shall establish, in such manner as it deems
reasonable and prudent, a fund for the permanent care of Fairview Cemetery. (Ord. No. 74 -28,
Sec. 8)
2.60.09 Initial appointments In the initial organization of the Board, the Mayor and City
Council may appoint Board members for terms of less than five (5) years so that the terms of all
Board members do not expire simultaneously. (Ord. No. 74 -28, Sec. 9)
2.60.10 Fairview Cemetery Association The Council finds that there has existed in this
city, from time, to time, an organization known as the Fairview Cemetery Association, an
unincorporated association. At such times in the future as there exists within this city a private,
voluntary organization known as the Fairview Cemetery Association, the Board may and shall
36
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consult and cooperate with said Association; provided, that this shall not be construed as a
delegation of the powers vested in the Board. (Ord. No. 74 -28, Sec. 10)
2.60.11 National Register of Historic Places. The Council reiterates its finding in a
previous resolution, that Fairview Cemetery is of historic, cultural, and architectural significance.
Its preservation is hereby declared to be an American Revolution Bicentennial activity of this
city. The Board shall forthwith endeavor to have Fairview Cemetery included on the National
Register of Historic Places. (Ord. No. 74 -28, Sec. 11)
CHAPTER 2.64
HISTORIC DISTRICT COMMISSION
Sections:
2.64.01 Created
2.64.02 Composition and terms
2.64.03 Operation
2.64.04 Description of district
2.64.05 Requirement of Certificate of appropriateness
2.64.06 Application procedure
2.64.07 Approval procedure
2.64.08 Criteria for approval
2.64.09 Permits
2.64.10 Interiors
2.64.11 Changes not prohibited
2.64.12 Meetings
2.64.12 Penalty
2.64.13 Appeals
2.64.01 Created There is hereby created an administrative agency of the city of Van
Buren, Arkansas, designated as the Historic District Commission. (Ord. No. 76 -25, Sec. 1)
2.64.02 Composition and terms The Historic District Commission shall consist of five
(5) members appointed by the Mayor, subject to confirmation by the City Council. Members
shall be qualified electors of the city of Van Buren and hold no salaried or elective municipal
office. They shall serve for a term of three (3) years. (Ord. No. 76 -25, Sec. 2)
2.64.03 Operation The Historic District Commission shall organize itself and conduct its
official duties in the manner set out in the Arkansas Historic Districts Act, A.C.A. 14- 172 -201
through 14- 172 -204, and shall have all powers authorized in said act. It shall report its
proceedings to the City Council and City Planning Commission in the manner established for all
other administrative agencies of this city. (Ord. No. 76 -25, Sec. 3)
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The purpose of this ordinance is to promote the educational, cultural, economic, and
general welfare of the public through the preservation and protection of buildings, sites, places,
and districts of historic interest through the maintenance of such as landmarks in the history of
architecture of the city of Van Buren, and of the state, and of the nation, and through the
development of appropriate settings for such buildings, places, and districts. (Ord. No. 98 -2,
Sec. 1.)
2.64.04 Description of district The Van Buren downtown Historic District shall remain
that tract of real property established and set out in previous Ord. No. 77 -7, said real property
being located in Van Buren, Crawford County, Arkansas and more particularly described as
follows:
All that part of Block 1, Drenten Addition of the city of Van Buren, Arkansas, lying
south and east of the railroad right -of -way, and
All that part of Block 42, lying south and east of the railroad right -of -way, Lots 12
through 16, Block 43, Lots 9 through 16, Block 28, Lots 1 through 8, Block 27, Lots 9
through 16, Block 26, Lots 1 through 6, Block 22, Lots 7 through 12, Block 23, all of
Block 18, Lots 7 through 16, Block 17, Tots 1 through 8, Block 13, and Public Square,
Lots 3 through 8, Block 8, Lots 9 and 10, Block 7, all in the Original Town of Van Buren,
Arkansas,
Property beginning at a point where the southeasterly edge of the Broadway Street right
of -way extended intersects with the Arkansas River's edge thence in a northwesterly
direction along the bank of the Arkansas River to the intersection of the river with the
northwesterly edge of the right -of -way of Washington Street extended, thence
northeasterly along said Washington Street right -of -way to Front Street; thence
southeasterly along Front Street to the southeastern edge of the right -of -way of
Broadway; thence southwesterly along said right -of -way to the point of beginning.
And a sixty (60) feet Main Street right -of -way beginning at the northwest corner of Lot
10, Block 7, of the Original Town of Van Buren, westerly to the sea wall,
And Main Street right -of -way and all other street and alley rights -of -way, adjoining all
above described property. (Ord. No. 98 -2, Sec. 2)
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Part of Section 24, Township 9 North, Range 32 West, Crawford County, Arkansas,
being more particularly described as follows: Beginning at a point where the east line of
Fayetteville Road (AR Highway 59) and the north line of Poplar Street intersect; thence
north along the east line of Fayetteville Road to a point where the east line of Fayetteville
Road intersects with south line of McKibben Avenue; thence leaving the east line of
Fayetteville Road and along the south line of McKibben Avenue approximately 880 feet
to a point being 20 feet east of the northwest corner of Lot 1, Block 8, Grandview
Addition (which appears to be the west line of an alleyway); thence leaving said south
line of McKibben Avenue, south to a point on the north line or Poplar Street, west to the
point of beginning. (Ord. No. 2007 -18, Sec. 1.)
2.64.05 Requirement of Certificate of Appropriateness
A. No building or structure, including stone walls, fences, light fixtures, steps and
paving or other appurtenant fixtures, shall be erected, altered, restored, moved or
demolished within the historic district described above until after an application
for a Certificate of Appropriateness as to exterior architectural features has been
submitted to and approved by the Van Buren Historic District Commission
pursuant to the requirements and procedures authorized by A.C.A. 14- 172 -201
through 14 -172 -212 and as further set forth in this ordinance.
B. For the purposes of this Ordinance, "exterior architectural features" shall include
the architectural style, general design, and general arrangement of the exterior of
a structure, including the kind and texture of the building material and the type
and style of all windows, doors, light fixtures, signs, and other appurtenant
fixtures.
C. For the purposes of this Ordinance, the "exterior" of a structure shall include the
front facade, the back facade, the exposed side wall of a comer building and any
exposed side wall of a two or three story building.
D. The style, materials, size, and location of outdoor advertising signs and bill
posters within the historic district shall also be under the control of the Historic
District Commission. (Ord. No. 98 -2, Sec. 3.)
2.64.06 Application procedure
A. Any person desiring a Certificate of Appropriateness shall file an Application
therefore with the Historic District Commission not less than eight (8) days, but
not more than thirty (30) days, prior to the next regular meeting of the
Commission. Any Application which is presented for filing more than thirty (30)
days before the next regular meeting of the Commission shall not be accepted for
tiling.
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B. The said Application shall contain the following information:
1. For existing buildings:
a. Accurate sketch,photograph, or drawing of elevations showing
existing appearance;plus sketch or drawing of any proposed
physical changes.
b. Description of materials to be used and colors of all materials plus
the overall color scheme including but not limited to: foundation,
walls,trim,windows, doors, roof, chimneys and any other exterior
surface or detail, and all signs.
2. For new construction:
a. Accurate drawing of elevations showing proposed appearance and
its relationship to adjacent and nearby buildings.
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b. Description of materials and colors to be used including all exterior
surfaces and details and signs.
C. The Application shall also include an application fee of Twenty Dollars ($20.00).
D. An Application which does not contain sufficient information for the Commission
to make a determination as to the appropriateness of the proposal contained
therein shall not be considered by the Commission. (Ord. No. 18-2017, Sec. 1.)
2.64.07 Approval procedure
A. At each regular monthly meeting of the Historic District Commission, the
Commission shall determine which, if any,properties may be materially affected
by each pending application,regardless of the date of the filing of the
Application. For applications filed within eight (8) days of the meeting,the
Commission shall take no further action at that meeting upon that Application.
B. Regarding all Applications, regardless of when filed, the applicant, or a
designated representative of the applicant, must be present at the Commission
meeting or the Application shall not be considered by the Commission for
approval.
C. In the event the Commission determines there are no properties which may be
materially affected by the proposals contained in the Application, the Commission
may:
1. For Applications filed more than eight(8) days prior to the meeting,
approve or disapprove said Application based upon the criteria set out in
Section 6 below herein, or table the Application for further consideration
at the next regular monthly meeting.
2. For Applications filed within eight (8) days of the meeting, table said
Applications for review at the next regular monthly meeting of the
Commission.
3. For Applications which do not contain sufficient information for the
Commission to determine the appropriateness of the proposals contained
therein and for Applications for which the applicant, or a designated
representative, is not present, table said Applications for the purpose of
obtaining further information and/or the presence of the applicant.
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U. In the event the Commission determines there are properties which may be
materially affected by an Application, the Commission shall set a public hearing
on the Application to be held at the next regular monthly meeting of the
Commission.
E. Upon the setting of a public hearing, the Commission shall promptly send by
mail, postage prepaid, a notice of the public hearing to the applicant and to the
owners or occupants of all properties the Commission has determined may be
materially affected by the Application. Said notices of such hearing shall be
mailed at least 10 days prior to the hearing, and as notice of such hearing shall be
run at least one (1) time in a newspaper having circulation throughout the city of
Van Buren at least ten (10) days prior to the hearing. The cost of such notices
shall be paid by the Applicant.
F. On the date established for the public heating, such public hearing shall be held
and the Commission shall hear all persons desiring to present information with
reference to the Application. After such public hearing, the Commission may act
on the Application by either approving or disapproving it based upon the criteria
set out in Section 6 below herein, or it may table the Application for further
consideration and action at the next regular monthly meeting.
G. Regarding Applications which were previously tabled for the purpose of
receiving further information, if, at the next regular monthly meeting of the
Commission, the Commission has not received further information regarding the
Application sufficient to make a determination as to the appropriateness of the
proposals contained therein, the Commission shall disapprove said Application.
H. Regarding Application which previously tabled for the purpose of obtaining the
presence of the applicant, or a designated representative, if, at the next regular
monthly meeting of the Commission, the applicant, or designated representative,
does not appear, the Commission shall disapprove said Application.
With the exception of Applications originally tabled under the provisions of sub-
section (b)(2) above, if the Commission has rendered no decision on a tabled
Application by the conclusion of the next regular monthly meeting, the applicant
may consider their Application as having been granted and may make application
to the appropriate city officials for any building perrnit or other permit required
for such construction activity proposed.
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J. Regarding Applications which were originally tabled under the provisions of sub-
section (b)(2) above, if the Commission has rendered no decision on a tabled
Application by the conclusion of the next regular monthly meeting held after the
date of the public hearing, the applicant may consider their Application as having
been granted and may make application to the appropriate city officials for any
building permit or other permit required for such construction activity proposed.
K. If the Commission determines that a Certificate of Appropriateness should not be
granted, it shall place upon its records the reasons for the determination and may
include recommendations respecting compliance.
L. The Commission shall immediately notify the applicant of the Commission's final
determination. (Ord. No. 98 -2, Sec. 5.)
2.64.08 Criteria for approval
A. On reviewing each Application, the Commission shall determine whether the
proposed construction, reconstruction, alteration, restoration, moving, or
demolition of buildings, structures, or appurtenant fixtures involved will be
appropriate to the preservation of the historic district for the purposes of this
Ordinance.
B. In addition, the Commission may determine that, notwithstanding the fact the
proposals contained in the Application may be inappropriate, owing to conditions
especially affecting the structure involved, but not affecting the historic district
generally, failure to issue a Certificate of Appropriateness will involve substantial
hardship, financial or otherwise, to the applicant, and that the Certificate can be
issued without substantial determent to the public welfare and without substantial
derogation from the intent and purpose of this Ordinance.
C. If the Commission determines that the proposed Construction, reconstruction,
alteration, restoration, moving, or demolition is appropriate or is not appropriate,
owing to conditions as aforesaid, but that failure to issue a Certificate of
Appropriateness would involve substantial determent or derogation as aforesaid,
the Commission shall approve the Application and shall issue to the applicant a
Certificate of Appropriateness. (Ord. No. 98 -2, Sec. 6.)
2.64.08 Permits No person shall be granted a building permit, or any other permit which
is granted for purposes of constructing or altering structures, with respect to any building or
structure located within the historic district, until they have complied with the provisions of this
ordinance and have been issued a Certificate of Appropriateness. Privilege licenses may be
issued prior to compliance, however the issuance of a privilege license shall not be considered to
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confer a permit to erect or paint a sign or to alter a building or structure without first obtaining a
Certificate of Appropriateness. A Certificate of Appropriateness shall be required whether or not
a building permit is required. (Ord. No. 98 -2, Sec. 7.)
2.64.09 Interiors The Commission shall not consider interior arrangement or use and
shall take no action under this ordinance except for the purpose of preventing the construction,
reconstruction, alteration, restoration, moving or demolition of buildings, structures or
appurtenant fixtures, in the Historic District obviously incongruous with the historic aspects of
the District. (Ord. No. 98 -2, Sec. 8.)
2.64.10 Changes not prohibited Nothing in this ordinance shall be construed to prevent
the ordinary maintenance or repair of any exterior architectural feature in the historic district
which does not involve a change in design, material, color, or outer appearance thereof; nor to
prevent the construction, reconstruction, alteration, restoration, or demolition of any such feature
which the City Building Inspector, or similar agent, shall certify is required for the public safety
because of an unsafe or dangerous condition. (Ord. No. 98 -2, Sec. 9.)
2.64.11 Meetings The Historic District Commission shall establish a date and time for
and shall hold a least one (1) regular meeting in each calendar month of the year, except that in
the event there are no applications to be reviewed or acted upon or other business before the
Commission, the monthly meeting may be canceled. All Commission meetings shall be open,
public meetings except with reference to discussions of those matters which are permitted to be
discussed in executive session by the laws of the state of Arkansas. (Ord. No. 98 -2, Sec. 10.)
2.64.12 Penalty Any person who violates any of the provisions of the Arkansas Historic
District Act, (A.C.A. 14- 172 -201 through 14- 172 -212) or of this ordinance shall be guilty of a
misdemeanor and shall be subject to a fine of not Tess than Ten Dollars ($10.00) and not more
than Five Hundred Dollars ($500.00). Each day that a violation continues to exist shall
constitute a separate offense. (Ord. No. 98 -2, Sec. 11.)
2.64.13 Appeals Any applicant aggrieved by the determination of the Historic District
Commission, with thirty (30) days after the making of the decision, may appeal the decision to
the Crawford County Chancery Court. (Ord. No. 98 -2, Sec. 12.)
CHAPTER 2.68
LIBRARY
Sections:
2.68.01 Established
2.68.02 13oard
2.68.03 Property tax
2.68.04 Maintenance of the library
2.68.05 Certified 43
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2.68.01 Established That there is hereby established a public library under Act 177
of 1931. (Ord. No. 66 -9, Sec. 1)
2.68.02 Board That the Mayor of the city of Van Buren, Arkansas, shall, with the
approval of the City Council, appoint a board of five (5) trustees as provided by law to organize
and to have the powers as provided in said Act 177 of 1931. (Ord. No. 66 -9, Sec. 2)
2.68.03 Property tax The rate of all real and personal property in Van Buren, Arkansas,
for the year 2004, for general municipal purposes under the authority of Sec. 4, Art. XII, of the
Constitution of 1874, of the state of Arkansas, be, and the same is hereby affixed at 2 mills on
the dollar of the assessed valuation of all real property subject to taxation in the city of Van
Buren, Arkansas, for the year 2005 for general municipal purposes. (Ord. No. 2005 -13, Sec. 1.)
2.68.04 Maintenance of library The rate of all real and personal property in the city of
Van Buren, Arkansas, for the year of 2004, for the maintenance of a City Public Library, under
the authority of a vote of the people of the city of Van Buren, Arkansas, and the City General
Elections held on April 7, 1942, (1 mill) and Nov. 8, 1994, (.4 mill), be, and the same is hereby
affixed at 1.4 mills on the dollar of the assessed valuation of all real and personal property
subject to taxation in the city of Van Buren, Arkansas, for the year 2005, for the library
maintenance purposes, subject to the provision of Act. No. 848 of 1981; the same being
"adjustment or rollback of tax rates due to increase in aggregate valuation of taxable property."
(Ord. No. 2005 -13, Sec. 2.)
2.68.05 Certified A certified copy of this ordinance shall be filed in the office of the
County Clerk of Crawford County, Arkansas, in order that the Quorum Court of Crawford
County, Arkansas, may include the same in the general levy of the year 2005 and cause the same
to be extended upon the tax books and collected as required by law. (Ord. No. 2005 -13, Sec. 3.)
CHA PTE 82.72
FILING DEADLINE
Sections:
2.72.01 Filing deadline
2.72.01 Filing deadline Under authority of A.S.A., Section 7 -1 -107, all independent
candidates for municipal office must file petitions for nomination as independent candidates with
the county board of election commissioners no later than noon on the day before the preferential
primary election. (Ord. No. 92 -3, Sec. 1.)
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CHAPTER 2.76 S-19
PUBLIC FACILITIES BOARD
Sections:
2.76.01 Established
2.76.02 Nanie
2.76.03 Members
2.76.04 Authorization
2.76.05 Revenue bonds
2.76.06 Powers
2.76.07 Appropriation
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2.76.01 Established In accordance with and pursuant to the authority conferred by the
provisions of the Authorizing Legislation, there is hereby created and established a public
facilities board (the "Board") with authority as hereinafter provided to accomplish, finance,
purchase, contract concerning, and otherwise dispose of and deal with facilities within or near
the city for securing and developing industry. (Ord. No. 90 -19, Sec. 1.)
2.76.02 Name The name of the Board shall be "City of Van Buren, Arkansas Public
Facilities Board." (Ord. No. 90 -19, Sec. 2.)
2.76.03 Members The initial members of the Board shall consist of five (5) persons, each
of whom shall be a resident of the city and shall be appointed by the Mayor for terms of one,
two three, four and five years, respectively. Each member so appointed shall take and file with
the City Clerk the oath of office prescribed by the Authorizing Legislation. (Ord. No. 90 -19,
Sec. 3.)
2.76.04 Authorization The Board is authorized, from time to time, to own, acquire,
construct reconstruct, extend, equip, improve, sell, lease, contract concerning or otherwise
dispose of adequate facilities for securing and developing industry within or near the city as shall
be determined by the Board to be necessary or desirable to accomplish the purposes for which
the Board is created. (Ord. No. 90 -19, Sec. 4.)
2.76.05 Revenue bonds The Board is authorized to issue revenue bonds from time to time
and use the proceeds thereof as required to provide adequate facilities for securing and
developing industry, including the creation of any desired reserve funds, and paying the costs of
the issuance of such bonds. Any such revenue bonds shall be obligations only of the Board and
shall not constitute an indebtedness for which the faith and credit of the city or any of its
revenues are pledged. (Ord. No. 90 -19, Sec. 5.)
2.76.06 Powers The Board shall have all the powers provided for in Section 7 of the
Authorizing Legislation and appropriate for the purposes for which the Board is created, and
shall carry out its duties in accordance with the Authorizing Legislation, including the filing of
the annual report required by Section 18 of the Authorizing Legislation. (Ord. No. 90 -19, Sec.
6.)
2.76.07 Appropriation The budget for the city of Van Buren for the year 2002 is hereby
revised to appropriate $60,000.00 from the General Fund to the Public Facilities Board, to be
paid on a semi annual basis. (Ord. No. 2002 -5, Sec. 1.)
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CHAPTER 2.80
LOPFI
Sections:
2.80.01 Administration transferred
2.80.02 Mayor is authorized
2.80.03 Transfer of assets
2.80.04 DROP
2.80.05 Spousal remarrying approval
2.80.01 Administration transferred If accepted by LOPFI, the administration of the
retirement program coverage for certain eligible members presently covered under the Arkansas
Public Employees Retirement System(APERS) shall be transferred to LOPFI pursuant to the
authority of Act 364, Acts of Arkansas, 1981, as amended, and including other acts of the state
legislature. (Ord. No. 33-2007, Sec. 1.)
2.80.02 Mayor is authorized The Mayor is hereby authorized to enter into an agreement
with LOPFI to administer the retirement program coverage as stated in 2.80.01 hereof. (Ord.No.
33-2007, Sec. 2.)
2.80.03 Transfer of assets APERS is hereby authorized to transfer assets for affected
Van Buren police officers from APERS to LOPFI as necessary. (Ord.No. 33-2007, Sec. 3.)
2.80.04 DROP
A. The City Council of the city of Van Buren, Arkansas, authorizes the extension of
DROP participation from five (5)years to ten(10) years for the Van Buren Fire
Pension Fund. The monthly amount credited to DROP shall remain 100% of the
member's calculated benefit. The ten(10) year DROP is available to all
participants of the fire pension fund.
B. The City Council recognizes that the Arkansas Local Police and Fire Retirement
System (LOPFI) is the administrator of the Van Buren Fire Pension Fund.
Therefore, the Chief Administrative Officer is hereby authorized to provide
LOPFI an approved copy of this ordinance approving this benefit change for the
Van Buren Fire Pension Fund. (Ord. No. 2-2015, Secs. 1-2.)
2.80.05 Spousal remarrying approval
A. The City Council hereby authorizes the election pursuant to A.C.A. Section 24-
11- 105 to allow surviving spouses who remarry after they begin receiving
45.1
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retirement benefits to continue to receive survivor benefits. This election is
intended to ensure an eligible surviving spouse of a retired member of the Local
Fire Pension Fund will continue to receive the monthly retirement benefit the
surviving spouse was otherwise entitled to after remarriage.
B. The City Council recognizes that the Arkansas Local Police and Fire Retirement
System (LOPFI) is the administrator of the Local Fire Pension Fund (Local Plan).
Therefore,the Chief Administrative Officer is hereby authorized to provide
LOPFI an approved copy of the Ordinance approving the election for this Local
Plan. To ensure equity for all eligible participants of the Local Plan,the effective
date for this election shall be January 1, 2015.
45.1.1
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CHAPTER 2.84
LIFE SAFETY CODE
Sections:
2.84.01 Adopted
2.84.02 Enforced
2.84.03 Modifying the code
2.84.04 Appeal
2.84.05 Penalty
2.84.01 Adopted There is hereby adopted by the city that certain code known as the
NFPA 101 Life Safety Code, 1997 Edition, and the whole thereof, save and except such portions
as are hereinafter deleted, modified or amended, of which code not less than three (3) copies
have been and now are filed in the office of the City Clerk/Treasurer and the same are hereby
adopted and incorporated as fully as if set out at length herein, and from the date on which this
ordinance shall take effect, the provisions thereof shall be controlling within the corporate limits
of Van Buren, Arkansas. (Ord.No. 15-99, Sec. 1.)
2.84.02 Enforced The code hereby adopted shall be enforced by the Chief of the Van
Buren Fire Department. (Ord. No. 15-99, Sec. 2.)
2.84.03 Modifying the code The Chief of the Fire Department shall have power to
modify any of the provisions of the code hereby adopted upon application, in writing by the
owner or lessee, or his duly authorized agent, when there are practical difficulties in the way of
carrying out the strict letter of the code, provided that the spirit of the code shall be observed,
public safety secured, and substantial justice done. The particulars of such modifications when
granted or allowed and the decisions of the Fire Chief thereon shall be entered upon the records
of the Fire Department and a signed copy shall be furnished the applicant. (Ord. No. 15-99, Sec.
3.)
2.84.04 Appeal Whenever the Fire Chief shall disapprove an application or refuse to
grant a permit applied for, or when it is claimed that the provisions of the code do not apply or
that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the
applicant may appeal from the decision of the Fire Chief to the Van Buren City Council within
thirty (30) days from the date of the decision appealed. (Ord. No. 15-99, Sec. 4.)
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2.84.05 Penalty
A. Any person who shall violate any of the provisions of the code hereby adopted or
fail to comply therewith, or who shall violate or fail to comply with any order
made thereunder, or who shall build in violation of any detailed statement of
specifications or plans submitted and approved thereunder, or any certificate or
permit issued thereunder, and from which no appeal has been taken, or who shall
fail to comply with such an order as affirmed or modified by the Van Buren City
Council or by a court of competent jurisdiction, within the time fixed herein, shall
severally for each and every such violation and noncompliance respectively, be
guilty of a misdemeanor, punishable by a fine of not less than Twenty-Five
Dollars ($25.00) nor more than Five Hundred Dollars ($500.00). The imposition
of one (1) penalty for any violation shall not excuse the violation or permit it to
continue; and all such persons shall be required to correct or remedy such
violations or defects within a reasonable time; and when not otherwise specified,
each ten (10) days that prohibited conditions are maintained shall constitute a
separate offense.
B. The application of the above penalty shall not be held to prevent the enforced
removal of prohibited conditions. (Ord. No. 15-99, Sec. 5.)
CHAPTER 2.88
POLICY FOR A DRUG-FREE WORKPLACE
Sections:
2.88.01 Purpose of policy
2.88.02 Policy statement
2.88.03 Safety and security-sensitive positions defined
2.88.04 Drug-Free Awareness Program/education and training
2.88.05 Prohibited substances/legal drugs/unauthorized items
2.88.06 Use of alcohol and drugs/prohibited conduct
2.88.07 When drug and alcohol testing may be required of all employees
2.88.08 When drug and alcohol testing may be required of employees holding
safety and security-sensitive positions
2.88.09 Disciplinary action
2.88.10 Employment status pending receipt of test results
2.88.11 Voluntary drug and alcohol rehabilitation
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2.88.01 Purpose of policy The city has a vital interest in providing for the safety and
well-being of all employees and the public, and maintaining efficiency and productivity in all of
its operations. In fulfillment of its responsibilities, the city is committed to the maintenance of a
drug and alcohol-free workplace.
The city and certain employees who drive commercial motor vehicles are subject to the
requirements of federal statutes and implementing regulations issued by the Federal Highway
Administration of the US Department of Transportation. However, certain city employees who
perform safety and security-sensitive functions are not covered by the foregoing provisions. In
addition, the city has an interest in maintaining the efficiency, productivity and well-being of
employees who do not perform safety or security-sensitive functions. In order to further provide
a safe environment for city employees and the public, the city has adopted the following Drug-
Free Workplace Policy for those employees who are not covered by federal law.
This policy does not govern or apply to employees who are subject to testing as
commercial motor vehicle operators under the foregoing federal law and regulations. They are
governed by a separate policy enacted pursuant to that legislation. (Ord. No. 19-2005, Sec. 1.)
2.88.02 Policy statement
A. All employees must be free from the effects of illegal drugs and alcohol during
scheduled working hours as a condition of employment. Drinking alcoholic
beverages or using drugs while on duty, on city property, in city vehicles, during
breaks or at lunch, or working or reporting for work when impaired by or under
the influence of alcohol, or when drugs and/or drug metabolites are present in the
employee's system, is strictly prohibited and grounds for disciplinary action up to
and including immediate discharge. In addition, employees are subject to
disciplinary action up to and including immediate discharge for the unlawful
manufacture, distribution, dispensation, possession, concealment or sale of
alcohol or drugs while on duty, on city property, in city vehicles, during breaks or
at lunch.
B. The city reserves the right to require employees to submit to urine drug testing
and breathalyzer alcohol testing to determine usage of drugs and/or alcohol as
provided below. Employees must submit to all required tests. Any employee
who refuses to submit to any required test without a valid medical explanation
will be subject to immediate discharge. Refusal to execute any required consent
forms, refusal to cooperate regarding the collection of samples, or submission or
attempted submission of an adulterated or substituted urine sample shall be
deemed refusal to submit to a required test.
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C. The city also reserves the right to require return to duty and follow-up testing as a
result of a condition of reinstatement or continued employment with or following
completion of an approved drug and/or alcohol treatment, counseling or
rehabilitation program. (Ord. No. 19-2005, Sec. 2.)
2.88.03 Safety and security-sensitive positions defined
A. A safety-sensitive position is one in which a momentary lapse of attention may
result in grave and immediate danger to the public. The following positions are
considered safety sensitive:
1. Law enforcement officers who carry firearms, and jailers.
2. Motor vehicle operators who carry passengers, including, but not limited
to, ambulance drivers, bus or jitney drivers, and drivers who transport
other city employees.
3. Fire department employees who directly participate in fire-fighting
activities.
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4. Medical personnel with direct patient care responsibilities including
physicians, nurses, surgical scrub technicians, emergency medical
technicians and trainees, medical and nurses assistants.
5. Mechanics, welders and sheet metal workers who work on vehicles
designed to carry passengers such as buses, ambulances, police cruisers,
vans and the like.
6. Other employees whose duties meet the definition of safety or security
sensitive after consultation with and approval by the Arkansas Municipal
League.
B. A security-sensitive position includes:
1. Any police officer,jailer, police dispatcher and police department
employee, including clerical workers, having access to information
concerning ongoing criminal investigations and criminal cases, which
information could, if revealed, compromise, hinder or prejudice the
investigation or prosecution of the case.
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2. The city also considers law enforcement officers as holding security-
sensitive positions by reason of their duty to enforce the laws pertaining to
the use of illegal substances. Officers who themselves use such
substances may be unsympathetic to the enforcement of the law and
subject to blackmail and bribery. (Ord. No. 19-2005, Sec. 3.)
2.88.04 Drug-Free Awareness Program/education and training The city will establish a
Drug-Free Awareness Program to assist employees to understand and avoid the perils of drug
and alcohol abuse. The city will use this program in an ongoing educational effort to prevent and
eliminate drug and alcohol abuse that may affect the workplace.
The city's Drug-Free Awareness Program will inform employees about (1) the dangers of
drug and alcohol abuse in the workplace; (2)the city's policy of maintaining a drug and alcohol-
free workplace; (3)the availability of drug and alcohol treatment, counseling and rehabilitation
programs; and (4) the penalties that may be imposed upon employees for drug and alcohol abuse
violations. As part of the Drug-Free Awareness Program, the city shall provide educational
materials that explain the city's policies and procedures. Employees shall be provided with
information concerning the effects of alcohol and rug use on an individual's health, work and
personal life; signs and symptoms of an alcohol or drug problem; and available methods of
intervening when an alcohol or drug problem is suspected, including confrontation and/or
referral to management.
Supervisors who may be asked to determine whether reasonable suspicion exists to
require an employee to undergo drug and/or alcohol testing shall receive at least 60 minutes of
training on alcohol misuse and 60 minutes of training on drug use. The training shall cover the
physical, behavioral, speech and performance indicators of probable alcohol misuse and drug
use. (Ord. No. 19-2005, Sec. 4.)
2.88.05 Prohibited substances/legal drugs/unauthorized items
A. Prohibited substances Alcoholic beverages and rugs are considered to be
prohibited substances in the workplace. For purposes of this policy, the term
"drugs" includes controlled substances (as identified in Schedules I through V of
Sec. 202 of the Controlled Substances Act 21 U.S.C. 812, and the regulations
promulgated thereunder, and defined in the Uniform Controlled Substances Act,
A.C.A. 5-64-201-216), including synthetic narcotics, designer drugs, and
prescription drugs, excepting: prescription drugs approved by and used in
accordance with the directions of the employee's physician.
B. Legal drugs The appropriate use of prescription drugs and over-the-counter
medications is not prohibited. Any employee using a prescription drug should
consult with his/her physician and pharmacist regarding the effects of the drug.
Employees should read all labels carefully.
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C. Unauthorized items Employees may not have any unauthorized items in their
possession or in any area used by them or under their control. Unauthorized items
include, but are not limited to, alcoholic beverage containers and drug
paraphernalia. (Ord. No. 19-2005, Sec. 5.)
2.88.06 Use of alcohol and drugs/prohibited conduct All employees covered under this
policy are subject to the following prohibitions regarding the use of alcohol and drugs (controlled
substances):
A. Employees shall not report for duty or remain on duty while impaired by the
consumption of alcohol. An employee will be deemed to be impaired by alcohol
if that employee has a blood alcohol concentration of 0.04 or greater.
B. Employees shall not consume alcohol while on duty.
C. Employees required to undergo post-accident testing shall not use alcohol for 8
hours following the accident, or until they undergo a post-accident alcohol test.
D. Employees shall submit to all authorized drug or alcohol tests.
E. Employees shall not report for duty or remain on duty while under the influence
of any controlled substance, except when the use thereof is pursuant to the
instructions of a licensed physician who has advised the employee that the effect
of the substance on the employee does not pose a significant risk of substantial
harm to the employee or others in light of his/her normal job duties.
In addition, subject to disciplinary rules set forth below, employees who are found to
have an alcohol concentration of 0.02 or greater, but less that 0.04, in any authorized alcohol test
shall be removed from duty, and may not return to duty until the start of the employee's next
regularly scheduled shift, but not less than 24 hours following administration of the test. The
foregoing rules shall apply to all employees and shall apply while on duty, during periods when
they are on breaks or at lunch, or not performing safety or security-sensitive functions. (Ord. No.
19-2005, Sec. 6.)
2.88.07 When drug and alcohol testing may be required of all employees Employees
(and applicants) covered by this policy shall be required to submit to urine testing for use of
prohibited drugs and/or breathalyzer alcohol testing in the following circumstances:
A. When the city has reasonable suspicion that an employee has violated any of the
above prohibitions regarding use of alcohol or drugs. For purposes of this rule,
reasonable suspicion shall be based on specific, contemporaneous, articulable
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observations concerning the appearance, behavior, speech or body odors of the
employee. The required observations must be made by a supervisor or city
official or employee who is trained in detecting the signs and symptoms of misuse
of alcohol and drug use.
B. Return to duty testing is required after an employee has engaged in any of the
above prohibitions concerning use of alcohol or drugs, unless the violation results
in termination.
C. As part of a pre-employment physical examination after a conditional job offer
has been made, a fitness for duty physical examination, or any other lawful
required periodic physical examination. Non-safety and non-security sensitive
positions will not be required to undergo a pre-employment drug or alcohol test
unless the applicant is otherwise required to undergo a pre-employment physical
examination after a conditional job offer has been extended to the employee.
D. When the city management has a reasonable suspicion based on observations or
credible information submitted to the city, that the employee is currently using,
impaired by or under the influence of drugs or alcohol.
•
E. When an employee suffers an on-the-job injury or following a serious or
potentially serious accident or incident in which safety precautions were violated,
equipment or property was damaged, an employee or other person was injured, or
careless acts were performed by the employee. Such testing will be required of
non-safety sensitive employees only when such factors, when taken alone or in
combination with other factors, give rise to reasonable suspicion that the
employee may be under the influence of drugs or alcohol.
F. As part of a return to duty or follow-up drug and/or alcohol test required under an
agreement allowing an employee to return to duty following disciplinary action
for a positive drug and/or alcohol test, or as the result of a condition of continued
employment or reinstatement in conjunction with or following completion of an
approved drug and/or alcohol treatment, counseling or rehabilitation program.
In order to return to duty, an employee who has a positive drug or alcohol test(i.e.
a verified positive drug test or an alcohol test indicating an alcohol concentration
of 0.04 or greater) must have a verified drug test and/or an alcohol test indicating
an alcohol concentration of less than 0.02, and be evaluated and released by a
substance abuse professional (SAP). In addition, the employee shall be subject to
follow-up testing for a period not to exceed 24 months from the date of the
employee's return to duty, in accordance with SAP's recommendations. (The city
also reserves the right to require return to duty and follow-up testing of an
employee who has an alcohol test indicating an alcohol concentration of 0.02 or
greater, but less than 0.04, based on an SAP's recommendations.)
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G. When any prohibited drug or alcoholic beverage is found in an employee's
possession.
H. When the laboratory values in any authorized drug test indicated the need for
additional testing, as determined by the Medical Review Officer (MRO), or where
any authorized drug test must be canceled due to a collection, chain of custody or
other procedural problem. (Ord. No. 19-2005, Sec. 7.)
2.88.08 When drug and alcohol testing may be required of employees holding safety and
security-sensitive positions Employee in (and applicants for) safety and security-sensitive
positions shall be required to submit to urine testing for use of prohibited drugs and/or
breathalyzer alcohol testing in the foregoing and in the following circumstances:
A. When safety-sensitive employee is involved in an accident involving a motor
vehicle on a public road, and the employee's position is safety-sensitive because it
involves driving a motor vehicle.
B. Random testing for drugs (but not alcohol) will be conducted. IN order to treat all
employees as equally as possible, and to maintain consistency in the
administration of its efforts to maintain a drug-free workplace, random testing
under this policy will be governed by 49 USC 31306 and implementing
regulations to the extent that it is lawful and feasible to do so. Further guidance
must be found in "The Omnibus Transportation Employee Testing Act of 1991 —
Steps to Compliance for Arkansas Municipalities," published by the Arkansas
Municipal League. (Ord. No. 19-2005, Sec. 8.)
2.88.09 Disciplinary action
A. Employees may be subject to disciplinary action, up to and including discharge,
for any of the following infractions:
1. Refusal to submit to an authorized drug or alcohol test. Refusal to submit
to testing means that the employee fails to provide an adequate urine or
breath sample for testing without a valid medical explanation after he/she
has received notice of the requirement to be tested, or engages in conduct
that clearly obstructs the testing process. Refusal to submit to testing
includes, but is not limited to, refusal to execute any required consent
forms, refusal to cooperation regarding the collection of samples, and/or
submission or attempted submission of an adulterated or substituted urine
sample.
2. Drinking alcoholic beverages or using drugs while on duty, on city
property, in city vehicles, during breaks or at lunch.
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3. Unlawful manufacture, distraction, dispensation, possession, concealment
or sale of any prohibited substances, including an alcoholic beverage,
while on duty, on city property, in city vehicles, during breaks or at lunch.
4. Any criminal drug statue conviction and/or failure to notify the city of
such conviction within five (5) days.
5. Refusal to cooperate in a search.
6. Having an alcohol concentration of.04% or greater in any authorized
alcohol test.
7. Testing positive for drugs and/or their metabolites in any authorized drug
test.
Although the foregoing infractions will ordinarily result in discharge
regardless of the employee's position, the city reserves the right to
consider extenuating circumstances and impose lesser discipline when
such action is deemed appropriate.
B. In order to be re-employed following completion of a suspension for a positive
drug or alcohol test, the employee must undergo and pass a return to duty drug
and/or alcohol test, and be evaluated and released by an SAP.
The city will schedule the return to duty drug and/or alcohol test and the
evaluation by an SAP to avoid any lost work time beyond the period of the •
suspension. The employee will remain on disciplinary suspension, without pay,
until the city has received written notice that the employee has passed the return
to duty drug test (and/or notice from the collection site that the employee had an
alcohol concentration of less than 0.02 in the return to duty alcohol test) and
written notice from an SAP that the employee has been released to return to duty.
However, the employee may use accumulated leave time between the end of the
original suspension and being released to return to work. If the employee tests
positive for any drug or has an alcohol concentration of 0.02 or greater in any
subsequent test, he/she shall be subject to discharge.
C. Rehabilitation and additional testing In cases where an employee receives
disciplinary action other than discharge for a drug and/or alcohol related
infraction, the following procedures shall also apply:
1. The city may require the employee to participate in an approved treatment,
counseling, or rehabilitation program for drug and/or alcohol abuse at the
time discipline is imposed, based on the recommendations of an SAP.
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2. If the employee is required to enroll in such a program, his/her
reinstatement or continued employment shall be contingent upon
successful completion of the program and remaining drug and alcohol free
for its duration.
The employee must submit to any drug and/or alcohol testing administered
as part of the program, and provide the city with the results of such tests.
The employee must also provide the city with progress reports from
his/her therapist, or the agency running the program, on at least a monthly
basis. (Failure to provide such reports or the results of such tests may
result in discipline up to and including termination.)
3. An employee who has been identified as needing assistance in resolving
problems associated with use of drugs and/or misuse of alcohol may be
administered unannounced follow-up drug and/or alcohol tests for a period
of up to 24 months. (Ord. No. 19-2005, Sec. 9.)
2.88.10 Employment status pending receipt of test results In additional to appropriate
disciplinary measures, including suspension, which may be taken in response to the incident or
course of conduct which gave rise to the test,the city reserves the right to decide whether the
incident or course of conduct prompting the test is of such a nature that the employee should not
be put back to work until the test results are received. If such a decision is made, the employee
will be suspended without pay. Where the test result is negative, the employee will be reinstated
with back pay, provided the employee has not been given an appropriate disciplinary suspension
for violation of another work rule which also covers the time missed waiting for the test results.
(Ord. No. 19-2005, Sec. 10.)
2.88.11 Voluntary drug and alcohol rehabilitation If an employee who is not otherwise
subject to disciplinary action for use of drugs and/or alcohol voluntarily admits that he/she has a
drug and/or alcohol abuse problem, the Mayor or his/her designee will meet with the employee
to discuss the various treatment, counseling and rehabilitation options that are available. For
purposes of this section, an employee's admission to having a drug and/or alcohol abuse problem
will not be defined as "voluntary" if it is made after the employee learns that he or she has been
selected for a random drug test.
These options may include allowing the employee to continue working while receiving
outpatient treatment, counseling or rehabilitation in an approved drug and/or alcohol abuse
program, or placing the employee on a medical leave of absence while he/she is receiving
treatment, counseling or rehabilitation in an approved inpatient or outpatient drug and/or alcohol
abuse program.
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When an employee voluntarily admits that he/she has a drug and/or alcohol abuse
problem, the city shall have the right to require the employee to be evaluated by an SAP and/or
submit to drug and/or alcohol testing prior to deciding what action is appropriate. No
disciplinary action will be taken by the city against an employee who voluntarily admits that
he/she has a drug and/or alcohol abuse problem in the situation described above. However, the
city shall have the following rights in such a situation.
A. The employee may be required to enroll in and successfully complete an approved
impatient or outpatient drug and/or alcohol abuse program, and remain drug and
alcohol free for its duration as a condition of reinstatement or continued
employment. However, the city will not be responsible for financial obligations
associated with treatment.
B. If the employee is required to enroll in such a program, he/she must submit to any
drug and/or alcohol tests administered as part of the program, and provide the city
with the results of such tests. The employee must also provide the city with
progress reports from his/her therapist, or the agency running the program, on at
least a monthly basis. (Failure to provide such reports or the results of such tests
will result in discipline up to and including termination.)
C. The employee shall be required to agree to be subject to unannounced follow-up
drug and/or alcohol tests, at the city's discretion, for a period of up to 24 months.
(Ord. No. 19-2005, Sec. 11.)
CHAPTER 2.92
REGIONAL INTERMODAL FACILITY
Sections:
2.92.01 Agreement
2.92.02 Regional authority
2.92.03 Execution and delivery
2.92.04 Authorization
2.92.05 Filed
2.92.01 Agreement
A. The City Council hereby finds and determines that it is in the best interest of the
city to join with Fort Smith and Sebastian and Crawford Counties in the formation
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of a regional intermodal facilities authority for the purpose of acquiring,
equipping, constructing, maintain and operating regional intermodal facilities and
such other facilities as authorized by the Act, as now or hereafter amended.
B. The agreement for the formation of the authority provides that the authority to be
created shall have no independent right or power to levy taxes to fund its
operations or to pay its debts except taxes levied upon and collected from
shippers, transporters or users loading or unloading freight, commerce or
passengers at a terminal or other facilities of the authority.
C. The agreement for the formation of the authority provides that the obligations of
the authority to be created shall be payable from and secured by revenues,
property and other resources of the authority and shall not constitute a general or
limited obligation of the cities or counties participating. (Ord. No. 13-2009, Sec.
1.)
2.92.02 Regional authority The formation of a regional intermodal facilities authority
pursuant to the Act, to be known as the Western Arkansas Intermodal Authority, (the
"Authority"), and the City's participation in the same, are hereby authorized. (Ord. No. 13-2009,
Sec. 2.)
2.92.03 Execution and delivery There is hereby authorized the execution and delivery of
an agreement by and between the City and Fort Smith and Sebastian and Crawford Counties (the
"Agreement"), and the Mayor and City Clerk are hereby authorized to execute and deliver the
Agreement for and on behalf of the City. The Agreement is hereby approved in substantially the
form submitted to this meeting, and the Mayor is hereby authorized to confer with the other
parties thereto in order to complete the Agreement in substantially the form submitted to this
meeting with such changes as shall be proposed by such persons executing the document, their
execution to constitute conclusive evidence of such approval. (Ord. No. 13-2009, Sec. 3.)
2.92.04 Authorization The Mayor and City Clerk, for and on behalf of the City, are
hereby authorized to execute and directed to do any and all things necessary to effect the
execution and delivery of the Agreement, and the performance of all acts of whatever nature
necessary to effect and carry out the authority conferred by this ordinance. The Mayor and City
Clerk are hereby further authorized and directed, for and on behalf of the City, to execute all
papers, documents, certificates and other instruments that may be required for the carrying out of
such authority or to evidence the exercise thereof. (Ord. No. 13-2009, Sec. 4.)
2.92.05 Filed The City Clerk is hereby authorized and directed to file in the office of the
City Clerk as a part of the minutes of the meeting at which this ordinance is adopted, for
inspection by any interested person a copy of this Agreement, and such document shall be on file
for inspection by an interested person. (Ord. No. 13-2009, Sec. 5.)
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