FAIRMONT CITY COUNCIL REGULAR MEETING TUESDAY, DECEMBER 10, 2024 7:00 P.M. COUNCIL CHAMBERS PUBLIC SAFETY BUILDING 500 QUINCY STREET FAIRMONT, WEST VIRGINIA  AGENDA  I.  CALL TO ORDER - Mayor Bolyard  II. ROLL CALL OF MEMBERS - Janet L. Keller, City Clerk  III. OPENING CEREMONIES  A. Prayer/Meditation =  B. Pledge Of Allegiance - Councimember Warner  IV. APPROVAL OF MINUTES  Regular Meeting - November 26, 2024 PUBLIC HEARINGS AND ANNOUNCEMENTS  V.  A. PUBLIC HEARINGS  1. An Ordinance Of The Council For The City Of Fairmont Providing For The Public Auction Of Surplus Real Property Of The City Of Fairmont, Situate In Fairmont City Union District, Marion County, West Virginia, Being 916 Morgantown Avenue, Fairmont, Identified As Parcel 12 Of Marion County 05-04, And Commonly Referred To As The Former East Side Fire Station; 2. An Ordinance Of The Council For The City Of Fairmont Amending And Supplementing Article 920 Street Sweeping, And Street Maintenance And Improvement And Police  Minimum Bid; Reservation Of Rights.    Protection Charges To Include The Essential Municipal Or Public Service Of Repairing, Upkeeping, Maintaining, Improving And Replacing Sidewalks Adjacent To Public Streets And Roadways As A Use For Which The Funds, Moneys, And Revenues 3. An Ordinance Of The Council For The City Of Fairmont Amending And Supplementing Article 1767 Rental Dwelling Units To Improve The Administration And Enforcement  Received Therefrom May Be Used.  Thereof.  B. ANNOUNCEMENTS VI. CITIZENS PETITIONS VII. CITY MANAGER'S REPORT  VIII. CONSIDERATION OF COUNCIL BUSINESS  A. PENDING BUSINESS  1. Adoption, An Ordinance Of The Council For The City Of Fairmont Providing For The Public Auction Of Surplus Real Property Of The City Of Fairmont, Situate In Fairmont City Union District, Marion County, West Virginia, Being 916 Morgantown Avenue, Fairmont, Identified As Parcel 12 Of Marion County 05-04, And Commonly Referred To As The Former East Side Fire Station; Minimum Bid; Reservation Of 2. Adoption, An Ordinance Of The Council For The City Of Fairmont Amending And Supplementing Article 920 Street Sweeping, And Street Maintenance And Improvement And Police Protection ChargesTo Include The Essential Municipal Or Public Service Of Repairing, Upkeeping, Maintaining, Improving And Replacing Sidewalks Adjacent To Public Streets And Roadways As A Use For Which The Funds, Moneys, And 3. Adoption, An Ordinance Of The Council For The City Of Fairmont Amending And Supplementing Article 1767 Rental Dwelling Units To Improve The Administration And  Rights.  Revenues Received Therefrom May Be Used.  Enforcement Thereof.    B. NEW BUSINESS  4. Introduction, First Reading, Set Public Hearing, An Ordinance Of The Council Of The City Of Fairmont, West Virginia, Approving The Terms And Conditions Of That Certain Wage And Benefit Agreement By And Between The City Of Fairmont And Lodge 69 Of The Fraternal Order Of Police Effective For The Period From January 1, 2025 To December 31, 2029, And Further Authorizing And Empowering The City Manager To Execute And Deliver Said Agreement On Behalf Of The City Of 5. Introduction, First Reading, Set Public Hearing, An Ordinance Of The Council For The City Of Fairmont Authorizing The  Fairmont.  Purchase Of The Following Real Estate Being:  Description  District/ Map/ Parcel  8015 SQ FT 10th & Minor 0.07 AC (3026 SQ FT)10ths St  Fairmont City Fairmont City  6/0143.0001 6/01440000 6/01690002  25158 SQ FT (0.578 AC) 10th St Fairmont City  From Robert J. Willams, III, For Use As A Facility To Assist In Providing The Essential Public Services Conducted By The City Of Fairmont's Department Of Public Works; Approving The Form Of The Purchase Sale Agreement And Authorizing And Empowering The Execution And Delivery Of Said Agreement And To Do All Things Reasonable And Necessary In Connection 6. Adoption, A Resolution Of The Council For The City Of Fairmont Approving An Amendment To The Rules And Regulations Of The Police Civil Service Commission Of The City Of Fairmont, Which Amendment Was Adopted By The Commission OnJuly 14, 2020 And Confirmed On November 25, 2024, To Amend And Supplement Rule $7.02 Examinations For Original Appointment Of Said Rules And More Particularly Subsection (N)(2)(B) To Eliminate The Requirement That An Applicant Must Present A Medical Clearance Signed By A Physician Prior To Participating 7. One Re-Appointment, Board of Zoning Appeals, Three-Year  Therewith; Reservation Of Rights.  In The Fitness Testing Process. Term Ending January 1, 2028.    8. One Re-Appointment, Board of Zoning Appeals, Three-Year 9. One Re-Appointment, Historic Landmarks Commission, Three- 10. One Re-Appointment, Historic Landmarks Commission, 11. One Re-Appointment, Historic Landmarks Commission, 12. One Re-Appointment, Historic Preservation Review Commission, Three-Year Term Ending January 1, 2028. 13. One Re-Appointment, Historic Preservation Review Commission, Three-Year Term Ending January 1, 2028. 14. One Re-Appointment, Historic Preservation Review Commission, Three-Year Term Ending January 1, 2028. EXECUTIVE SESSION = Pursuant To WV Code $6-9A-4(D)(2)(A) And City Charter 2.11 (a)(1)A - To Consider Matters Arising From The Appointment, Employment, Retirement, Promotion, Transfer, Demotion, Disciplining, Resignation, Discharge, Dismissal or  Term Ending January 1, 2028.  Year Term Ending January 1, 2028.  Three-Year Term Ending January 1, 2028. Three-Year Term Ending January 1, 2028.  Compensation Of A City Officer.  IX. ADJOURNMENT    MINUTES  11/26/2024    November 26, 2024  The regular meeting of the City Council of the City of Fairmont was held at 7:00 p.m. on the 26th day of November, 2024, at the Public Safety Building  located at 500 Quincy Street in Fairmont, West Virginia. Mayor Bolyard called the meeting to order.  IN RE:  OATH OF OFFICE - JULIA "JULIE" SOLE  The City Clerk administered the Oath of Office to Councilmember Julia "Julie" Sole, the Councilmember elected at the November 5, 2024 Municipal Election to serve the unexpired term of the 7th District commencing from the 26th day of November, 2024 and expiring on the 31st day of December, 2024. After administering the Oath of Office, the City Clerk declared Councilmember Sole duly sworn in as a member of the Council of the City of Fairmont and  extended congratulations to her.  Roll call of members was taken by the City Clerk.  Councimembers present were:  First District Second District Third District Fifth District Sixth District Seventh District Absent: Fourth District Eighth District Ninth District Also present were: City Manager City Attorney City Clerk  Joshua D. (Josh) Rice Anne E. Bolyard Rebecca Moran Charles (Chuck) Warner Gia Deasy Julia (Julie) Sole  Richard (Rick) Garcia Bruce McDaniel Kandice (Kandi) Nuzum  Travis L. Blosser Kevin V. Sansalone Janet L. Keller Shae Strait Scott Jolliff Brian Stewart  Communications Manager David Kirk  Director of Planning Building Inspector Program Manager    IN RE:  EXCUSE COUNCILMEMBERS GARCIA, MCDANIEL, AND NUZUM  Mayor Bolyard made a motion to excuse Councimembers Garcia, McDaniel, and Nuzum from this meeting. The motion was seconded by Councilmember Mayor Bolyard declared Councimembers Garcia, McDaniel, and Nuzum  Warner.  excused from this meeting by voice vote of Council.  IN RE:  OPENING CEREMONIES  Retired Sgt. David Tucker gave the invocation followed by the Pledge of  Allegiance to the Flag led by Councilmember Rice.  IN RE:  PROCLAMATION PRESENTED  The Mayor presented a proclamation to Alex Petry, Director of Main Street Fairmont, in honor of Saturday, November 30, 2024 being recognized as Small  Business Saturday. IN RE:  PROCLAMATION PRESENTED  Mayor Bolyard presented a proclamation to Retired Sgt. David Tucker in  recognition of the 388th birthday of the National Guard.  IN RE:  EAST FAIRMONT HIGH SCHOOL GIRLS SOCCER TEAM  The Mayor recognized Coach Wright and the East Fairmont High School Girls Soccer Team for winning the 2024 State Championship. Coach Wright  introduced the girls that were in attendance.  APPROVAL OF MINUTES  Mayor Bolyard noted that each member of Council had received a copy of the minutes from the Regular Meeting held on November 12, 2024. She asked if Councilmember Warner moved to approve the minutes as submitted. The The Mayor declared the minutes approved as submitted by voice vote of  there were any corrections, deletions, or amendments. motion was seconded by Councilmember Sole.  Council.  2    PUBLIC HEARINGS  IN RE:  AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT  PROVIDING FOR AND AUTHORIZING THE PURCHASE OF THOSE CERTAIN PARCELS OF REAL ESTATE SITUATE IN THE CITY OF FAIRMONT, MARION  COUNTY, WEST VIRGINIA, NAMELY:  CERTIFICATIONH 246879  DESCRIPTION  PtLt691 McKinney & Billingslea St (Plat 60-498), 201 Billingslea Street, Fairmont, WV 26554  Fairmont Corp  247769  Blk 4Lt14 Courtland St Fairmont Union Corp 915 Courtland Street, Fairmont, WV 26554 Lot Uzztown, Fairmont City TBD Williard Avenue, Fairmont, WV: 26554 9880 SQFT Beltline, Fairmont Fairmont Corp  247131 245547 247744  No Address  2FtStrip PtLt15 Riverside Add & Lt12 Ogden Ave 605 Ogden Avenue, Fairmont, WV 26554 Block CLot 58, Fairmont Fairmont Corp TBD Willard Avenue, Fairmont, WV 26554 Blk 6Lt80 CliffAvenue Fairmont City 325 Cliff Avenue, Fairmont, WV 26554 PtLt151 Field St Amos Subdiv (112-185) Fairmont Fairmont Corp 1221 Field Street, Fairmont, WV 26554 Lt139 Spruce Street, Fairmont Fairmont Corp 126 Spruce Street, Fairmont, WV 26554 LS37-38 Chew St (Plat 169-1) Fairmont Fairmont Corp 115 Chew Street, Fairmont, WV 26554 BIk3Lt9&1 PtLt81 Potomac Ave Fairmont Union Corp 610 Potomac Avenue, Fairmont, WV26554  Fairmont Fairmont Corp  246884 247128 246878  246874 246868  247774  3    247754  LS24&25 Ogden Ave, Fairmont Fairmont Corp 707 Ogden Avenue, Fairmont, WV 26554  BY THE CITY OF FAIRMONT FROM THE STATE OF WEST VIRGINIA AUDITOR AS A RESULT OF THE NON-PAYMENT OF THE REAL ESTATE TAXES, AND PROVIDING FOR AND AUTHORIZING THE CONVEYANCE AND TRANSFER OF SAID PARCEL(S) OF REAL ESTATE FROM THE CITY OF FAIRMONT TO SUBSEQUENT PURCHASER(S) IN ACCORDANCE WITH THE CITY OF FAIRMONT'S APPROVED HOME RULE PLAN AND THE ORDINANCES AND Pursuant to a notice duly published in the Times-West Virginian on November 15, 2024, a public hearing was convened to obtain citizen input on an ordinance authorizing the purchase of certain parcels of real estate by the City The Mayor asked if anyone present desired to speak to the proposed BRIAN STEWART, Program Manager of Vacant Buildings, spoke in favor of the proposed ordinance. He said that three of these properties are to help facilitate the rail trail program and the rest of them have a dilapidated structure on them that we need to get torn down to make our community safer and raise property values for the adjoining property owners. There being no one else to speak, the public hearing was called to a close at  RESOLUTIONS ADOPTED THEREUNDER; RATIFICATION  of Fairmont from the October State Tax Sale.  ordinance.  7:17 p.m.  ANNOUNCEMENTS  IN RE:  CHRISTMAS LIGHTS  Councimember Rice thanked the Public Works Department for the awesome Christmas lights as well as Mayor Bolyard for helping to install the lights. Councilmember Warner also mentioned the Christmas lights and thanked the Mayor Bolyard also extended her deepest appreciation to the Public Works Department and all that they have done to put up the holiday lights.  workers that installed them.  IN RE:  HAPPY THANKSGIVING  Several Councimembers wished a Happy Thanksgiving to everyone attending  the meeting.  4    IN RE:  CULTIVATE MEETING  Councimember Moran reminded everyone that the next Cultivate session will be held on Wednesday, December 11th at 5:30 p.m., at the East Fairmont Middle School. She noted that they will be celebrating everyone who will  receive a grant. IN RE:  SOBER LIVING HOMES  Councimember Deasy stated that we had concerned folks in front of Council concerned about getting the Sober Living Homes through Planning. She reported that she is on the Planning Commission and they did have a great work session. She said that it is to be respectful of the zoning of the neighborhoods and also to make sure that these sober living establishments get put in place with non-discriminatory types of regulations. She noted that  she has faith in Mr. Strait and Jamie Greene.  IN RE:  CELEBRATION OF LIGHTS  Councilmember Sole announced that the Celebration of Lights is underway at Morris Park. The Celebration kicked off with the Market Place over this past weekend. She reported that the Lights have expanded hours and will run every day in the month of December with the exception of December 17th and  Wednesdays will be the walker nights.  CITIZENS PETITIONS  IN RE:  EXCELLENCE IN CONSTRUCTION AWARD  SCOTT WILLIS, Project Manager with Veritas Contracting, LLC addressed Council to announce that Veritas received an Excellence in Construction Award for the new East Fairmont Fire Station and wanted to share their accomplishment with the City of Fairmont. He said that Veritas was in a unique position this year where they received from the Appalachian Chapter of Associated Builders and Contractors an Excellence in Construction Award for the East Fairmont Fire Station project. He said that Omni Associates also received an AIA WV Award for the design and architecture of that building. He said with that being said, he wanted to recognize the City of Fairmont and share with the City what they have experienced with this award. He then presented the award to Mayor Bolyard, Deputy Mayor Rice, and Fire Captain  Bob Sliger who was also in attendance.  IN RE:  2024 CHRISTMAS PARADE  5    MARCI CARROLL, addressed Council regarding the 2024 Christmas Parade and the Blessing of the First Responders which will be held on Saturday, December 14th. The parade will start at 5:00 p.m. and the entry line-up will start at 3:00 p.m. The parade will start at the intersection of 4th Street and Fairmont Avenue, go down Fairmont Avenue to Adams Street with the entries to be announced at the Court House. She then invited the City Counclimembers, City Manager Travis Blosser, and City Clerk Janet Keller to announce the parade entries at the Court House this year. She closed by saying that this year we already have over 90 entries with more coming in daily.  CITY MANAGER'S REPORT  IN RE:  CHRISTMAS LIGHTS  Mr. Blosser said that it is beginning to look a lot like Christmas in the Friendly City. He noted that he appreciated Public Works for installing the Christmas  lights. IN RE:  MAIN STREET FAIRMONT EVENTS  The Manager asked everyone to check out the Main Street Fairmont page of all of the events that will be taking place. He reported that on Saturday, December 7th, the tree lighting ceremony will be held. He reported that the Feast of the Seven Fishes Festival will be held on December 13th and 14th as well as the Christmas parade on December 14th. He thought the Feast may  be having some extended hours this year as well.  IN RE:  REQUESTED RATE INCREASE FROM REPUBLIC SERVICES  Mr. Blosser said that he has informed City Council that the City received a request from Republic Services for an additional rate increase of $2.43 above the already contractually obligated increases built within our existing contract. He said that after reviewing their petition and discussing it with staff, he has informed Republic Services that the City of Fairmont is not inclined to support  an additional increase at this time.  IN RE:  PRIME 6 ANNOUNCEMENT  The City Manager said that he was beyond thrilled with the opportunity that Prime 6 has decided to locate here in our community. He said that was pleased to see the more than 175 folks that showed up to the Town Hall with Mr. Wonderful, Kevin O'Leary, and the company's CEO. He said that he appreciated them reaching out to us and having discussions. He then gave a shout out to communications Manager David Kirk who did a phenomenal job organizing the event as well as our Public Works staff who helped to support  6    David and getting things delivered to the various sites.  IN RE:  OMNIBUS RESOLUTION  Mr. Blosser highlighted the Omnibus Grant Resolution that is before Council for their consideration tonight. From the reports that we have given to Council, we are stepping up our work on securing funding for the various projects that are part of City Council's goals and objectives as well as our Comprehensive Plan. Our grant administrator is doing a phenomenal job and then we have also added to her capacity with our Federal Advocacy Consultant in Washington, DC, Merchant McIntire, As these processes start to move, we have already begun working with Merchant McIntire to lay out a funding strategy for these various projects and we are seeing that these deadlines do not coincide with City Council meetings and this would give us an omnibus authorization to move forward with soliciting those grants. He noted that those would then still come back to Council for the actual approval for us to accept those grants. He went on to say that any grants that would require specific language with Council's approval prior to application, those would come here as well. He stated that this allows us to move forward and not lose the opportunity to bring in money purely from a scheduled meeting date.  IN RE:  ARPA FUNDING RE-ALLOCATION  The City Manager also reported the movement and reallocation of the ARPA dollars from Norwood Park to Windmill Park. He assured everyone that this is not having us short-change any of the work that we are doing at Norwood Park. He explained that Norwood Park came in under budget but our projects at Windmill Park, that the community had requested, came in over budget. Windmill Park's items are not TIF eligible as a funded TIF project, however, Norwood Park was, sO we do have some flexibility to move the ARPA dollars assigned as part of that project and lower those by $135,000 and allow us to move that to Windmill Park and complete the projects at Windmill which now, based on City Council's decision to move forward with the re-allocation, will be spending close to, in this fiscal year, about $500,000 in Windmill Park alone which is a significant improvement given that over about a 30-year period we have spend about $486,000 into that park. In one year, City Council has made a move to expend more than we have in 30 years in that facility. He added that showcases the dedication of City Council to make improvements  to that park. IN RE:  CITY HALL OFFICES CLOSED  Mr. Blosser reported that City Hall offices will be closed on Thursday and Friday for Thanksgiving. Also, City Hall will still be open for services after 12:00 p.m., noon, on Wednesday, based on the Governor's proclamation but the  7    actual building of the J. Harper Meredith Building will be shuttered starting at  noon on Wednesday.  IN RE:  HAPPY THANKSGIVING  Mr. Blosser wished the citizens, City Council, as well as staff, a very Happy Thanksgiving. He also thanked City Council for making the decision to give him the opportunity to come back home and be closer to his family.  CONSIDERATION OF COUNCIL BUSINESS  IN RE:  ADOPTION, AN ORDINANCE OF THE COUNCIL OF THE CITY OF  FAIRMONT PROVIDING FOR AND AUTHORIZING THE PURCHASE OF THOSE CERTAIN PARCELS OF REAL ESTATE SITUATE IN THE CITY OF FAIRMONT,  MARION COUNTY, WEST VIRGINIA, NAMELY:  CERTIFICATIONH 246879  DESCRIPTION  PtLt69MeKinney & Billingslea St (Plat 60-498), 201 Billingslea Street, Fairmont, WV26554  Fairmont Fairmont Corp Blk 4Lt14 Courtland St Fairmont Union Corp 915 Courtland Street, Fairmont, WV 26554 Lot Uzztown, Fairmont City TBD Williard Avenue, Fairmont, WV26554 9880 SQFT Beltline, Fairmont Fairmont Corp 2FtStrip PtLt1 15 Riverside Add & Lt12 Ogden Ave Fairmont Fairmont Corp 605 Ogden Avenue, Fairmont, WV 26554 Block CLot 58, Fairmont Fairmont Corp TBD Willard Avenue, Fairmont, WV 26554 Blk 6Lt8 Cliff. Avenue Fairmont City 325 Cliff Avenue, Fairmont, WV 26554 PtLt15 Field St Amos Subdiv (112-185) Fairmont Fairmont Corp 1221 Field Street, Fairmont, WV 26554  247769  247131 245547 247744  No. Address  246884 247128 246878  8    246874 246868  Lti 139 Spruce Street, Fairmont Fairmont Corp 126 Spruce Street, Fairmont, WV: 26554 LS 37-38 Chew St (Plat 169-1) Fairmont Fairmont Corp 115 Chew Street, Fairmont, WV 26554 BIk3Lt9&1 PtLt81 Potomac Ave Fairmont Union Corp 610 Potomac Avenue, Fairmont, WV26554 LS24&25 Ogden Ave, Fairmont Fairmont Corp 707 Ogden Avenue, Fairmont, WV 26554  247774  247754  BY THE CITY OF FAIRMONT FROM THE STATE OF WEST VIRGINIA AUDITOR AS A RESULT OF THE NON-PAYMENT OF THE REAL ESTATE TAXES, AND PROVIDING FOR AND AUTHORIZING THE CONVEYANCE AND TRANSFER OF SAID PARCEL(S) OF REAL ESTATE FROM THE CITY OF FAIRMONT TO SUBSEQUENT PURCHASERIS) IN ACCORDANCE WITH THE CITY OF FAIRMONT'S APPROVED HOME RULE PLAN AND THE ORDINANCES AND  RESOLUTIONS ADOPTED THEREUNDER, RATIFICATION The City Clerk read the proposed ordinance by title.  Mayor Bolyard entertained a motion for the adoption of an ordinance authorizing the purchase of certain parcels of real estate by the City of  Fairmont from the October State Tax Sale.  Motion:  Councilmember Warner moved for the adoption of the proposed ordinance.  Councilmember Deasy seconded the motion. Roll call was taken by the Clerk.  The Mayor declared the ordinance adopted by unanimous vote of those Councimembers present and the ordinance designated as Ordinance No. 2055  was duly adopted. IN RE:  INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN  ORDINANCE OF THE COUNCIL FOR THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE. 1767. RENTAL DWELLING UMITS TO IMPROVE THE The City Clerk read the proposed ordinance by synopsis for the first time.  ADMINISTRATION AND ENFORCEMENT THEREOF  9    Mayor Bolyard entertained a motion for the introduction of an ordinance amending Article 1767 Rental Dwelling Units to improve the administration  and enforcement of the code.  Motion:  Councimember Sole moved for the introduction of the proposed ordinance.  Councimember Deasy seconded the motion.  The Mayor declared the public hearing set for December 10, 2024.  IN RE:  ADOPTION, AN OMNIBUS RESOLUTION OF THE COUNCIL OF THE  CITY OF FAIRMONT, WEST VIRGINIA, AUTHORIZING THE SUBMISSION OF APPLICATIONS TO VARIOUS GRANTING AGENCIES, INCLUDING PRIVATE FOUNDATIONS, CORPORATIONS, OR GOVERNMENTAL ENTITIES, FOR GRANTS THAT WILL BENEFIT THE CITY OF FAIRMONT, FURTHER ITS GOALS AND OBJECTIVES AND OTHERWISE LESSEN THE BURDEN OF GOVERNMENT, AND PROVIDING THE CITY MANAGER OR HIS DESIGNEE WITH AUTHORITY TO DO ALL THINGS REASONABLE AND NECESSARY IN CONNECTION WITH The City Clerk read the proposed resolution by synopsis for the first time. Mayor Bolyard entertained a motion for the adoption of a resolution authorizing the submission of applications to various granting agencies for  SAID APPLICATION; SUNSET.  grants that will benefit the City of Fairmont.  Motion:  Councimember Sole moved for the adoption of the proposed resolution.  Councimember Rice seconded the motion. Roll call was taken by the Clerk. Councimembers present.  The Mayor declared the resolution adopted by unanimous vote of those  IN RE:  ADOPTION, A RESOLUTION OF THE COUNCIL OF THE CITY OF  FAIRMONT RE-ALLOCATING A PORTION OF CERTAIN ARPA FUNDS IN THE AMOUNT OF $135,000.00 FROM THE LOST PUBLIC SECTOR REVENUE CATEGORY WHICH HAD BEEN PREVIOUSLY ALLOCATED TO THE NORWOOD PARK PROJECT AND RE-DIRECTING AND REALLOCATING SAID FUNDS TO  PROVIDE FOR IMPROVEMENTS AT WINDMILL PARK.  10    The City Clerk read the proposed resolution by synopsis for the first time. Mayor Bolyard entertained a motion for the adoption of a resolution re- allocating a portion of the ARPA Funds in the amount of $135,000 from the Lost Public Sector Revenue Category which had been allocated to the Norwood Park Project and reallocating the funds to provide improvements at Windmill  Park. Motion:  Councimember Rice moved for the adoption of the proposed resolution.  Councilmember Warner seconded the motion.  Roll call was taken by the Clerk. Councimembers present.  The Mayor declared the resolution adopted by unanimous vote of those  IN RE:  ONE RE-APPOINTMENT, FAIRMONT-MARION COUNTY TRANSIT  AUTHORITY, THREE-YEAR TERM ENDING DECEMBER 31, 2027.  Mayor Bolyard entertained a motion for one re-appointment to the Fairmont Marion County Transit Authority for a three-year term ending December 31,  2027. Motion:  Councilmember Rice moved to re-appoint Carroll Hatfield to the Fairmont Marion County Transit Authority for a three-year term ending December 31, The Mayor declared Carroll Hatfield re-appointed to the Fairmont Marion County Transit Authority for a three-year term ending December 31, 2027 by  2027. The motion was seconded by Councilmember Sole.  unanimous vote of those Councimembers present.  IN RE: 2026.  ONE RE-APPOINTMENT, MARION COUNTY PARKS AND  RECREATION COMMISSION, THREE-YEAR TERM ENDING DECEMBER 31, Mayor Bolyard entertained a motion for one re-appointment to the MCPARC  for a three-year term ending October 31, 2026.  Motion:  11    Councimember Deasy moved to re-appoint Craig White to the MCPARC for a three-year term ending December 31, 2026. The motion was seconded by The Mayor declared Craig White re-appointed to the MCPARC for a three-year term ending December 31, 2026 by unanimous vote of those Councimembers  Councimember Sole.  present. IN RE: 2027.  ONE RE-APPOINTMENT, MARION COUNTY PARKS AND  RECREATION COMMISSION, THREE-YEAR TERM ENDING DECEMBER 31, Mayor Bolyard entertained a motion for one re-appointment to the MCPARC  for a three-year term ending October 31, 2027.  Motion:  Councilmember Warner moved to re-appoint Philip Burton to the MCPARC for at three-year term ending December 31, 2027. The motion was seconded by The Mayor declared Philip Burton re-appointed to the MCPARC for a three-year term ending December 31, 2027 by unanimous vote of those Councilmembers  Councilmember Rice.  present. IN RE: 2027.  ONE RE-APPOINTMENT, MARION COUNTY PARKS AND  RECREATION COMMISSION, THREE-YEAR TERM ENDING DECEMBER 31, Mayor Bolyard entertained a motion for one re-appointment to the MCPARC  for a three-year term ending October 31, 2027.  Motion:  Councilmember Sole moved to re-appoint Councimember Josh Rice to the MCPARC for a three-year term ending December 31, 2027. The motion was The Mayor declared Councilmember Josh Rice re-appointed to the MCPARC1 for a three-year term ending December 31, 2027 by unanimous vote of those  seconded by Mayor Bolyard.  Councimembers present.  IN RE:  ADJOURN TO EXECUTIVE SESSION  Mayor Bolyard entertained a motion for Council adjourn to Executive Session  12    as per WV Code $6-9A-4(D)(2)CA) and City Charter 2.11 (a)(1)A - to discuss pending litigation in Sears V. City of Fairmont and pending litigation in City of  Fairmont V. Kirk Naternicola.  Motion:  Councimember Rice moved for Council to adjourn to Executive Session. The The Mayor declared the meeting adjourned to Executive Session by voice vote of Council at 7:48 p.m. She noted that no business will be conducted once  motion was seconded by Councilmember Sole.  the meeting is reconvened.  IN RE:  MEETING RECONVENED  Mayor Bolyard declared the meeting reconvened at 8:25 p.m.  ADJOURNMENT  The Mayor entertained a motion for adjournment.  Motion:  Councilmember Sole moved to adjourn the meeting. The motion was The Mayor declared the meeting adjourned by voice vote of Council at 8:26  seconded by Councimember Deasy.  p.m.  13    PUBLIC  HEARINGS    PUBLIC HEARINGS DECEMBER 10, 2024  1. An Ordinance Of The Council For The City Of Fairmont Providing For The Public Auction Of Surplus Real Property Of The City Of Fairmont, Situate In Fairmont City Union District, Marion County, West Virginia, Being 916 Morgantown Avenue, Fairmont, Identified As Parcel 12 Of Marion County 05-04, And Commonly Referred To As The Former East Side Fire Station; 2. An Ordinance Of The Council For The City Of Fairmont Amending And Supplementing Article 920 Street Sweeping, And Street Maintenance And Improvement And Police Protection Charges To Include The Essential Municipal Or Public Service Of Repairing, Upkeeping, Maintaining, Improving And Replacing Sidewalks Adjacent To Public Streets And Roadways As A Use For Which The Funds, Moneys, And Revenues 3. An Ordinance Of The Council For The City Of Fairmont Amending And Supplementing Article 1767 Rental Dwelling Units To Improve The Administration And Enforcement  Minimum Bid; Reservation Of Rights.  Received Therefrom May Be Used.  Thereof.    ITEM 11    ORDINANCE NO.  AN ORDINANCE OF THE COUNCIL FOR THE CITY OF FAIRMONT PROVIDING FOR THE PUBLIC AUCTION OF SURPLUS REAL PROPERTY OF THE CITY OF FAIRMONT, SITUATE IN FAIRMONT CITY UNION DISTRICT, MARION COUNTY, WEST VIRGINIA, BEING 916 MORGANTOWN AVENUE, FAIRMONT, IDENTIFIED AS PARCEL 12 OF MARION COUNTY TAX MAP 05-04, AND COMMONLY REFERRED TO AS THE FORMER EAST SIDE FIRE STATION;  MINIMUM BID; RESERVATION OF RIGHTS  SYNOPSIS  This proposed ordinance authorizes the sale of the Former East Side Fire Station, which has been determined to be unnecessary, inappropriate, not required for the use of, unprofitable to, and not in the best interest of the City. Subject to the stated minimum bid of $200,000.00, the Finance Director, or her designee, is authorized by this ordinance to fix, or cause to be fixed, the time, terms, manner, and place of said public auction or to provide for sale by an internet-based auction with the stipulation that the sale of all of such property shall be "AS IS, WITHOUT WARRANTY, EXPRESS OR IMPLIED. including any representation or warranty regarding any mechanical component including HVAC and plumbing, electrical component, structural component including roof, walls, basement, drainage, windows, and doors (exterior, interior, overhead), and all other structural components, the presence of mold, lead based paint, and asbestos, any geotechnical condition, or any other condition of the property or any environmental condition of the  property.  Notice of the auction shall be published as a Class II Legal Advertisement in a newspaper in general circulation in the City of Fairmont as  required by the provisions of West Virginia Code $8-12-18.  This proposed ordinance reserves unto the City the right, without further notice, to remove any item from the sale, immediately halt the sale, or take any other action regarding the sale deemed in the best interest of the City.    ORDINANCE NO.  AN ORDINANCE OF THE COUNCIL FOR THE CITY OF FAIRMONT PROVIDING FOR THE PUBLIC AUCTION OF SURPLUS REAL PROPERTY OF THE CITY OF FAIRMONT, SITUATE IN FAIRMONT CITY UNION DISTRICT, MARION COUNTY, WEST VIRGINIA, BEING 916 MORGANTOWN AVENUE, FAIRMONT, IDENTIFIED AS PARCEL 12 OF MARION COUNTY TAX MAP 05-04, AND COMMONLY REFERRED TO AS THE FORMER EAST SIDE FIRE STATION; MINIMUM BID; RESERVATION OF RIGHTS  WHEREAS, the City of Fairmont is the owner of certain real property situate in Union City District, Marion County, West Virginia, described as BLK 7 LS 29-30 MORGANTOWN AVENUE FIRE STATION, and being Parcel 0012 0000 0000 of Marion County Tax Map 05-04, with a physical address of 916 Morgantown Avenue, Fairmont, West Virginia, and as more particularly described in that certain deed from John E. Hanway and others, which deed is dated February 7, 1922, and of record in the Office of the Clerk of the County Commission of Marion Count, West Virginia, in Deed book 250, at page 503, to which deed reference is hereby made for all pertinent purposes, commonly  referred to as the former East Side Fire Station.  WHEREAS, it has been estimated that said real estate has a fair market WHEREAS, West Virginia Code $8-11-3(6) requires the adoption of an ordinance prior to the sale of real property belonging to a municipality. WHEREAS, West Virginia Code $8-12-18(b) requires the sale of such property for fair and adequate consideration at public auction or by an  value of at least $200,000.00.  internet-based auction.  NOW, THEREFORE, THE CITY OF FAIRMONT HEREBY ORDAINS THAT: SECTION 1. FINDING: Given the replacement of the East Side Fire Station by a modern functional facility, the continued ownership of the real estate hereinafter described is no longer necessary, appropriate, required for the use of, profitable to, or in the best interest of the City and the same should  be sold.    SECTION 2: DESCRIPTION OF PROPERTY: All of the following described real estate, together with the improvements thereon and the appurtenances thereunto belonging, situate in Union City District, Marion County, West Virginia (formerly the Second Ward of the City of Fairmont) in what is commonly known as and called the East Park Addition to the City of Fairmont, Marion County, West Virginia, a map or plat of which said addition is of record in the Office of the Clerk of the County Commission of Marion Count, West  Virginia, in Deed Book 118, at pages "A" to "G" that is to say"  LOTS NUMBERS TWENTY-NINE (29) and THIRTY (30) in BLOCK NUMBER SEVENT (7), fronting eighty (80) feet, more or less on East Park Avenue and extending back with a uniform width of one hundred and twenty (120) feet, in said Addition, as shown on said plat or map of record aforesaid.  The property is subject to all reservations, rights of way, easements, covenants, conditions, agreements, limitations, exceptions, mineral severances, and other encumbrances as set forth in prior deeds or instruments comprising the chain of title or imposed upon the property and by which the City of Fairmont is bound in the ownership thereof insofar as the same are  now in force and effect.  Being the same real estate acquired by the City of Fairmont by deed from John E. Hanway and others, which deed is dated February 7, 1922, and of record in the Office of the Clerk of the County Commission of Marion Count, West Virginia, in Deed book 250, at page 503, to which deed reference is  hereby made for all pertinent purposes.  The property is depicted on the Marion County Tax Maps for Union City District as Parcel 0012 00000000 of Marion County Tax Map 05-04, and has a physical address of 916 Morgantown Avenue, Fairmont, WV 26554.  SECTION 3. SALE AUTHORIZED/MINIMUM BID: The Finance Director, or her designee, be and is hereby authorized to conduct, or otherwise cause to be conducted, a public auction or to provide for sale by an internet-based  auction said real estate of the City of Fairmont.  Subject to a reservation or stating bid of at least $200,000.00, the Finance Director, or her designee, is hereby authorized to accept from the highest bidder a sum found to be fair and adequate consideration in their sole  discretion.    SECTION 4. TERMS OF SALE: The Finance Director, or her designee, shall fix, or cause to be fixed, the time, terms, manner, and place of said auction consistent with the provisions of West Virginia Code 58-12-18(b) however, the sale of said property shall be subject to the following terms,  restrictions, and conditions.  Sale of the property shall be subject to all terms, restrictions and conditions set forth in the deeds or other documents of record within the chain of title for the property and to which the City of Fairmont is bound to the extent that the same are in force and effect. Except as hereinafter set forth, Sale of the property shall be "AS IS, WHERE IS, WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED." No warranties and/or representations of any kind, express or implied, are made and all such warranties and representations are expressly denied, including any representation or warranty regarding any mechanical component including HVAC and plumbing, electrical component, structural component including roof, walls, basement, drainage, windows, and doors (exterior, interior, overhead), and all other structural components, the presence of mold, lead based paint, and asbestos, any geotechnical condition, or any other condition of the property or any environmenta. condition of the property, including whether any environmental conditions do or do not exist on the property; provided, however, that City of Fairmont will, without demand provide to any prospective purchaser all reports of all tests or inspections which may be in the possession of the City of  Fairmont on the date of the request.  SECTION 5. PURCHASE AGREEMENT: The City Manager for the City of Fairmont on behalf of the City be and is hereby authorized and empowered to execute and deliver for and in the name and on behalf of the City of Fairmont the purchase agreement in the form attached, together with all other necessary documents, contracts and agreements, together with such changes and in the forms and with the terms the City Manager executing the same may approve, such approval and the propriety and necessity of said same to be conclusively evidenced by the execution and delivery thereof, and to take any and all other actions which may be reasonable and necessary in  connection therewith.  SECTION 6. RESERVATION OF RIGHTS: The City of Fairmont hereby reserves the right, without further notice, to cancel the sale, halt any sale, or take any other action with regard to the sale that is deemed necessary in the  best interest of the City of Fairmont, in its sole discretion.    No reservation of rights hereunder by the City of Fairmont shall imply an obligation on the part of the City of Fairmont to exercise such right. Failure to exercise such right at any time shall not be deemed a waiver of the City of  Fairmont's right to exercise same at a later date.  SECTION: 7. NOTICE: The Finance Director, or her designee, shall cause a Class II Legal Advertisement to be published advertising the place, time, and terms of such sale together with a brief description of the property to be sold in accordance with the provisions of West Virginia Code 58-12-18(b). This Ordinance shall be effective thirty (30) days after adoption.  Passed this the  day of November, 2024.  MAYOR  ATTEST:  CITY CLERK    REAL ESTATE PURCHASE AGREEMENT  THIS REAL ESTATE PURCHASE AGREEMENT ("Agreement") is entered into and  effective this ("Purchaser").  day of  2024, by and between the City of Fairmont, a West  Virginia Municipal Corporation ("Seller") and  WHEREAS, Seller is the record owner oft the hereinafter described interest ini real estate WHEREAS, Purchaser desires to purchase the Property for the price and upon the terms and conditions hereinafter set forth, and Seller is able to and willing to sell the Property to  in the City of Fairmont, Union District, Marion County, West Virginia, ("Property").  Purchaser upon the terms and conditions hereinafter set forth.  NOW THEREFORE, in consideration of the mutual promises and covenants hereinafter set forth, and the mutual advantage and benefits accruing hereunder, the parties hereby agree as  follows:  1. Purchase and Sale. Seller hereby agrees to transfer, sell and/or convey, and Purchaser hereby agrees to purchase and acquire, on the terms and conditions hereinafter stated, all ofthe right, title, and interest of Seller, as described, in and to the Property and all improvements, and  appurtenant rights, privileges and easements.  2. Property: The Property is more particularly described as the following interests in real All oft the following described real estate, together with the improvements thereon and the appurtenances thereunto belonging, situate in Union City District, Marion County, West Virginia (formerly the Second Ward of the City of Fairmont) in what is commonly known as and called the East Park Addition to the City of] Fairmont, Marion County, West Virginia, a map or plat ofv which said addition is of record in the Office of the Clerk of the County Commission of Marion Count,  estate, to wit:  West Virginia, in Deed Book 118, at pages "A"to "G" that is to say"  LOTS NUMBERS TWENTY-NINE (29) and THIRTY (30) in BLOCK NUMBER SEVENT (7), fronting eighty (80) feet, more or less on East Park Avenue and extending back with auniform width of one hundred and twenty (120) feet, in said Addition, as shown on said plat or  map ofrecord aforesaid.  Thej property is subject to all reservations, rights of way, easements, covenants, conditions, agreements, limitations, exceptions, mineral severances, and other encumbrances as set forth in prior deeds ori instruments comprising the chain oftitle or imposed upon thej property and by which the City of Fairmont is bound in the ownership thereof insofar as the same are now in force and Being the same real estate acquired by the City of Fairmont by deed from John E. Hanway and others, which deed is dated February 7, 1922, and ofrecord in the Office ofthe Clerk of the  effect.    County Commission of Marion Count, West Virginia, in Deed book 250, at page 503, to which  deed reference is hereby made for all pertinent purposes.  The property is depicted on the Marion County Tax Maps for Union City District as Parcel 001200000000 of Marion County Tas Map 04-05, and has a physical address of916N Morgantown  Avenue, Fairmont, WV26554.  3. Price/Consideration and Terms of Payment. The price to be paid by Purchaser and  accepted by Seller for the Property to be purchased ("Purchase Price") at closing is  ($  ), no more no less. The Purchase price shall be  payable by immediately available funds at closing.  Thel Purchase price is not to subject to adjustment or change based on or predicated on any Purchaser shall pay Seller a non-refundable deposit of 1% of the purchase price upon execution ofthis Agreement. The same shall not be deemed earnest money; providedi however,at closing, any non-refundable deposit shall be credited against the purchase price. 4. Closing. This transaction shall be completed and all necessary papers executed and both parties to be extended or unless this closing deadline is extended by Purchaser's exercise of  appraisal.  delivered on or before  unless this closing deadline is agreed in writing by  Due Diligence provisions set forth below. upon in writing by the parties.  After closing, Purchaser shall take possession ofthe property, unless otherwise agreed 5. Nature and Condition of Property. Sale of the property shall be subject to all terms, restrictions and conditions set forth in the deeds or other documents ofrecord within the chain of title for the property and to which the City of Fairmont is bound to the extent that the same are in  force and effect.  Sale of the property shall be "AS IS, WHERE IS, WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED". No warranties and/or representations ofany kind, express or implied, are made and all such warranties and representations are expressly denied, including any representation or warranty regarding any mechanical component including HVAC and plumbing, electrical component, structural component including roof, walls, basement, drainage, windows, and doors (exterior, interior,overhead), and all other structural components, the presence of mold, lead based paint, and asbestos, any geotechnical condition, or any other condition of the property or any environmental condition oft the property, including whether any environmental conditions do or do not exist on the property; provided, however, that City of Fairmont will, without demand provide to any prospective purchaser all reports of all tests or inspections which may be in the  possession oft the City of Fairmont on the date oft the request.    Seller states that is has no knowledge of any release or threatened release of a any hazardous substance as defined by the Comprehensive Environmental Response Compensation and. Liability Act 42 USC $9601 et seq., The West Virginia Underground Storage Tank. Act WV Code $$22-17-1 et seq., or the Hazardous Waste Management Act WV Code 22-18-3 et seq., or any other federal, state or local law, rule or regulations resulting from actions or environmental conditions on the Property prior to the date of closing, or any asserted, pending or threatened actions or claims by any governmental entity or regulatory agency relating to any environmental condition ofany kind on or with regardtot thel Property, or any other asserted, pending or threatened claims, assertions, actions or litigation relating to any environmental condition of any kind on or  with regard to the Property. precedent to purchase.  6. Conditions To Purchase: Except as expressly herein stated there are no conditions 7. Physical Inspection: PURCHASERS are purchasing said property "AS IS" without warranty and are waiving all inspections other than what is required by a lending institution. If the LENDER required inspections reveal any corrective action in order to proceed with the loan, PURCHASERS acknowledge that the SELLER shall not be obligated to make such correction; however, fPURCHASER does not desire to make. such corrections or proceed with the purchase  due to the required lender corrections, Purchaser has the right and option to:  - TERMINATE the Agreement at their sole discretion. At which time the agreement ii. RENEGOTIATE with SELLERS an adjusted purchase price; however, either party has the right not to renegotiate at their discretion, at which time the contract shall be null and void. As ofthe effective date oft the fully executed agreement, Purchasers and Purchaser's agents shall have the right to enter the premises for purposes ofi inspection or conducting inspections at their sole cost and expense. Sellers agree to cooperate with any such inspections made by or at Purchasers' direction, including providing access and having water, fuel and electric service on at the time oft the inspections. Purchasers shall indemnify and hold Seller harmless from any and all damages, expenses, liens or claims (including attorneys' fees) arising from Purchasers' negligence and or their agents, employees, or assigns in exercising the rights hereunder or failure to pay third  shall be considered null and void; or  parties.  All buildings, improvements, and fixtures on the subject real estate are to be delivered to Purchaser in as good condition as they are on the date of the execution oft this agreement, subject tonormal wear, tear, and natural deterioration through closing. Sellers shall not commit or permit waste. As of the date oft this contract, Purchaser agrees that Sellers has made no representation or warranties or agreements ofany kind or nature regarding thej premises and the property, except for those contained herein, and that they expressly waive any and all claims for damages because of any other representation or warranty claimed to have been made by Sellers or its agents, and that Sellers shall not be responsible or liable for any inducement, promise, representation, agreement,  condition or stipulation not specifically set forth herein.    8. Titlet tol Real] Estate: Seller covenants and agrees that it will at the time ofclosing execute and deliver a general warranty deed, in recordable form, conveying to Purchaser good and marketable title tos said real estate free and clear ofall liens and encumbrances. Such deed willl be made subject to all reservations, exceptions, restrictions, covenants, agreements, easements, rights of way, conditions, and limitations of record under and by which Sellers are bound in the ownership of said real estate insofar as the same are then in effect. It is understood that the conveyance contemplated herein is contingent upon and subject to the ability of Sellers to convey good and marketable title to the property and will remove all liens and encumbrances against said Ifit appears or is revealed from title examination that Sellers are unable to deliver good and marketable title, Purchasers will notify Sellers in writing of the defects constituting an objection to title, in which event, this agreement shall remain in full force and effect and Sellers shall have forty (40) days from such notice within which to cure or remove such defects. IfSellers are unwilling or unable to cure or remove: such defects, then the Purchaser shall have the right and Ifall matters are satisfied and performed. PURCHASERS request said general warranty  property prior to or simultaneously with closing.  option to declare this Agreement void.  deed herein to be delivered be titled in the name(s) of  as  9. Risk OfLoss: All buildings, improvements and fixtures on the subject premises are to be delivered to Purchaser in as good condition as they are on the date of the execution of this agreement, however if said buildings, improvements and fixtures are destroyed or substantially damaged by fire or other perils or removed or destroyed by the intentional act oft the Seller after the execution ofthis agreement and prior to closing, the Purchaser shall! have the option toj purchase the damaged either as repaired by Sellers, at their sole cost and expense or as damaged together with any insurance proceeds payable to the Sellers in lieu ofthe property as it now is, and in either oft those events the contract shall be fully performed; or the Purchaser shall cancel the contract.  10. Closing. At the closing:  (a) Purchaser shall deliver to Seller a check representing immediately available funds in the amount ofthe Purchase Price less all prorated expenses as set forth herein. The non- refundable deposit shall be credited against the purchase price at closing.  (b) Seller shall execute and deliver to Purchaser a General Warranty Deed and any other agreements or documents representing the interests in the Property to be conveyed which are in recordable form and which are generally in use in the State of West Virginia and acceptable to Purchaser, which transfers, sells and conveys to Purchaser all necessary and pertinent interests of Seller in and to the Property together with all appurtenant improvements, rights, privileges and  easements.  (c) Real estate taxes and assessments for the Property, ifany, shall bej prorated ona calendar year (January 1 to December 31) basis between Seller and Purchaser as ofthe date of closing. Ifthe amount of taxes assessed for the current year cannot be ascertained, taxes will be    estimated from the taxes assessed for the preceding year. For the purposes ofthis agreement, taxes for the current calendar year shall be those taxes which were assessed as ofJ July 1 ofthe  preceding calendar year.  (d) Each party shall pay its own attorney's fees.  (e) Purchaser agrees toj pay for the examination of title, survey costs, all costs related to due diligence provisions set forth above and recording fees for the deed and any other document  conveying the contemplated interests. the preparation of deed of conveyance.  ()Document Preparation Costs and Responsibility: Seller agrees to be responsible for 10. Representations. Warranties and Covenants. Seller hereby represents and warrants as (a) Seller agrees to transfer, sell and convey, and Purchaser hereby agrees to purchase and acquire, on the terms and conditions hereinafter stated, the Property as hereinbefore described and all appurtenant improvements, rights, privileges and easements. Seller agrees and covenants that it will not sell, lease, convey or mortgage the Property or any interest therein during the term of this Agreement or any extension thereof, without the prior written consent ofthe Purchaser. Seller further agrees to execute and deliver to Purchaser any customary affidavit or other document normally required by a national title insurance company as a condition for the issuance of a title  follows:  insurance policy to Purchaser at closing.  (b) There are no leases, licenses or other agreements, written or oral, granting or allowing any person or entity any right to use or occupy all or any portion oft the Property, and Seller shall not enter into any such lease or agreement during the term ofthis Agreement without the  Purchaser's prior written consent.  (c) Except as specifically set forth herein, Seller has no knowledge of, and hereby makes no representation and/or warranties of any kind, express or implied, and defects or problems of  any nature relating to the Property and/or Purchaser's intended use.  13. Attorneys' Fees and Litigation Expenses. The parties hereby agree that each party shall bear its own attorneys' fees and litigation expenses for any and all disputes that may arise out of  this transaction.  14. Time. Time is ofthe essence in this agreement.  15. Applicable Law and Venue: The parties agree that should any dispute arise from this transaction, that the law ofthe State of West Virginia shall be applicable and that the Circuit Court of] Marion County, West Virginia, shall be the properjurisdiction and venue.  16. Notices: Any notice by either party hereto shall be in writing, and shall be deemed as having been given: (I) when deposited in the United States Mail, postage prepaid, addressed to the party being notified at the address given below or any other address which said party may    from time to time hereinafter designate to the other in writing; or (2) when deposited with a nationally recognized overnight courier service, addressed to the party being notified at the address given below or any other address which said party may from time to time hereinafter  designate to the otheri in writing:  To the Seller:  To the Seller:  To the Purchaser: City Manager City of Fairmont J.Harper Meredith Building 200. Jackson Street, RM 395 P.O. Box 1428 Fairmont, WV26554  17. Binding Effect: This agreement shall be binding upon and inure to the benefit oft the 18. Counterparts. This Agreement is executed in multiple counterparts, an executed copy being retained by each party hereto and any ofv which is to be deemed complete in itself and may be introduced in evidence or used for any other purpose without production oft the other copy. hereto contain the entire agreement and understanding of the parties related to its subject matter. No representation, promise, induçement or statement of intention has been made by any party which has not been embodied in this Agreement. This Agreement may be modified or amended  parties hereto, their successors and assigns.  19. Entire Agreement. This Agreement, Ordinance No.  and all exhibits attached  only by a written instrument signed by both parties. approved by the Sellerand Purchaser. respective representative duly authorized.  21. Acceptance. After having fully read this agreement the foregoing is accepted and IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their  Signatures to follow    Scate: fine    50 50  JJHN 3. HARKAY& etale, TH3 CITY OF FAIRSORT  7o  0882. : 1  TIS D38D, Hado ie 70h. day of Pebruaryo 1922, beteen John E. B. Hansny, hio wife, ond Hry ke Henvay end John B HAngRy, her Harion County, Hest Vinginia partics of the firet pert,nnd 13 CITY husband, OP both of Vaimont, corporation of the State of mest Virginin, party of the eecond  Honsay, and Mary PAITIOMT, A munioipal  part,  TIP3S33T:  fhat for and in ooneiderat tion of the eua of 7wo Thousand, Six Hundred- Dollars, cnsh in hend paid by the Baid prty of the second' part unto the eaid ($3,600)  firet part, tha réveipt eliereof ie hereby ncknowledged, the Faid do grantand convey unto teenid party of the Becond  prtie of the g  partiep of the fivet part  prt,-o  All the follzing described renl cetate, situate in the Becond vard of the Paimmont, in Uhion indepenlent Dietrict, Larion County, Weet Virginia, in what is Uitybt: knomn A8 and called the snst Perk Adai tion to the City of Haimont, larion Vinginin, A map or plat of which Baid addition is of record in the office of County, the Ulerk Jest of the Couft ty Cuurt of larion County, Hest Virginin, in Deed Book Mo. 118, nt pages "A" to "g. Lote Mumbere tyenty nine (39) and thirty (30) in Block Mumber Seven (7), fronting alghty. (00) feet, more or lesr on Enet Park Avenue and extending back with-n unifom wiith one hundred (120) fret, in enid Aldition, ns shown on snit plat or mAp of record AS aforerrid. The renl estate and lote hereby conveyed being the gAmt rea! ertete and lote shioh were conveyel to the enid John Zo Henwny and Hary K. Hanway by M, 0. Stéele es RX; by dead benring ante the 30th. dny of Septenber, 1911, nnd of recori in the offioe nforernid, in 37 the Acceptance of thie deed the enid prty of the Beconi Dart covenn-tn that it will arect no reeidence or dyalling houge on pail lote thnt ie less than two fulletoriee belght, nor thnt contains fever than Fix. roome, not including the cellar; thatitmill-mot in sell or convey the snid above deeoribed rel estate. to any pereon Iho ie' An Hurgarinn, Italim OFR Plander, and that it will not lease or rent the snid reni est tnt. or any mrt thereof to The'said parties of the firet part covenant to and, with tha said Darty of the pecond part that they have gooi right and title to the real eetate hereby conveyed and that Ritnese the follosing signaturee and eenle the day and yenr firet above mant tioned.  commonly  that ie to Fny:-o.  Deed Book "o.. 178, at page 18.  any person who ie nn Hurgarinn, itlian or Polnnder. they will marrant the snne generally.  John B. Hanmay Hary B Honmny  (SBL) (SAL)  State of Yeet Virginin, County of Harion, to-wit:  1, 5ollo :. Conley, A Wotary Public of the enid Couity of Lerion, do certify thnt Joha & Hanway and Hary B. Henmay, his wife, whone. naner Are eimed to the writing above, benr. ing date tha 7th. day of February, 4922, have thie day Aoknowledged the sane before me in And 1do further certify that ay conmiseion AB such notary publio expires on the  aysaii County.  14th. day of October, in tho year 1929.    504  Giyen unierny hand thie 9th. day of Peirupry, 19220  Bollo J. Conley, Notary Puhlio, Larion Coun ty, Heet Virginin.  RAST VIRINKA, to-wits  Be it reembered that on the 14 dny of Pebruary, 1302, the foregoing ine truent of writing, bearing date on the7 day of February, 1923, with Three Dollare in Revenue Stanne duly cançellei, WAB: pregented to me, La Ho Satterfield, Clerk of the County Court of Barion County, in my, offico, ond together with the certificnte thereto nnnexed, mae aimitted  reoordo  bo Clerk.  Feete:  Lee N. Setterfield,  Pred C. 7oothnan & Wife, Willinn. K. Tipton etel.,  7o  D83. ).  TIS Da40, Lade the let. dny of September, 1911, betreen Fred C. Toot thman and Minte bothman, his wife, partier of the first part, and Hillinn K. Tinton and Dorn lny Tipton, parties. of the revond pert: all of the County of larion and State of eat Virginin.' HRISSTI: hat for ahd in conrileration of the Fun of Four Hundred ($400.00) Dollare Cash, 'in hand paid by the parties of the sécond Bart to the perties of the firet parB, the receipt of which ie hereby Ruknotrledgel; the parties of the firet prk do Srant and conyey tp the parties of the second part, subject to condition And etipulationg herein- after. ment tioned, All that certnin traut or parcel of real eetate, situnte in the leredith Sprihge Adiition to the City of Faimont, : Va. in Faimant Indepentént Dietriot, Harion Cointy, Tert Virginin,. bounded anl lesoribed as follove.Begimning at A. etnke in right of WAy line of Monongahela 7alley Traction Company, corner to lnnle of dugene Kennedy, thence with enid right of way line of enid Trnotion Coapnny 3. 18* 3. 79.2. fest to etake, comer to lands of Caroline- 6. Gallaspie, Lot "o. 6, in the Heredith Springs Adaition, thence with Enid Cellaepie Line, S. 76e 39'3. 108 feet toptnke: thenoe N. 18 Ho 70.3 feet to n etke in'raid line of aigene Konnedy thence wit thpaid Kennedy liae, N. 760 39+ s 198 feet to the place. of beginning: being n part of LotKo. 7 in Meredith Springe Aidition, that ws cOnyeyei to Pred C. Tothnin, by Agene Kennedy and Deseie Kenmedy, hip wife, hy deed Hated the 13,th. dny of Pebruary, 1919, and of record in the Clerk'e Offive of the County Court of Marion Bxoupting. nn.l reperving an 8 footalley on uet Side of Monongahuln 7al lley Traction Bxcepting and reurving euch coal and mining richts and privileges that were, heretofore oonvejed by. @e A. Muredith and wife to N. o Comerford, by deel dated the 13h. day of Majoh, 1873, and" of resord in the Clerk'e Office of the Count ty Gourt of Herion County, eet Snid prtiee of the eecondpart by the acceptance of this doed covemnt to and  Gounty, 7eet Virginin, in Deed Book Nom at page No.  Company's rightiof imy.  Virginin; in Deed Book Roo 22, at page 574.    ITEM2    ORDINANCE NO.  AN ORDINANCE OF THE COUNCIL FOR THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 920 STREET SWEEPING AND STREET MAINTENANCE AND IMPROVEMENT AND POLICE PROTECTION CHARGESTO INCLUDE THE ESSENTIAL MUNICIPAL OR PUBLIC SERVICE OF REPAIRING, UPKEEPING, MAINTAINING, IMPROVING AND REPLACING SIDEWALKS ADJACENT TO PUBLIC STREETS AND ROADWAYS AS A USE FOR WHICH THE FUNDS, MONEYS, AND REVENUES RECEIVED THEREFROM MAY BE USED.  SYNOPSIS  By this proposed ordinance Council renames the City's current Street Maintenance and Improvement Charge as the Street Maintenance and Improvement, Sidewalk, Repair, Upkeep, Maintenance, Improvement and Replacement, and Police Protection Charge, and expands the uses for which the funds, moneys and revenues received from the collection of the charge  shall be used, which are as follows:  (A) Curbing, draining, repair, maintenance, paving and repaving of the (B) Repairing, upkeeping, maintaining, improving, and replacing (C) To partially defray the cost of providing the essential public service  streets and roadways within the corporate limits;  sidewalks adjacent to public streets and roadways; and  of police protection.  There is no increase in the fee.    ORDINANCE NO.  AN ORDINANCE OF THE COUNCIL FOR THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 920 STREET SWEEPING, AND STREET MAINTENANCE AND MPROVEMENT AND POLICE PROTECTION CHARGESTO INCLUDE THE ESSENTIAL MUNICIPAL OR PUBLIC SERVICE OF REPAIRING, UPKEEPING, MAINTAINING, IMPROVING AND REPLACING SIDEWALKS ADJACENT TO PUBLIC STREETS AND ROADWAYS AS A USE FOR WHICH THE FUNDS, MONEYS, AND REVENUES RECEIVED THEREFROM MAY BE USED. WHEREAS, the provisions of West Virginia Code $8-13-13 provide the City of Fairmont with plenary power and authority to provide by ordinance for the improvement of essential public services, to make reasonable regulations regarding said services, and to impose by ordinance upon the users of the services reasonable rates, fees, and charges to be collected in the manner  specified in the ordinance.  WHEREAS, the Council for the City of Fairmont has imposed a special charge upon the users of the municipal streets and roadways for street maintenance and improvement and the essential municipal service of police protection, and now deems it necessary to amend said ordinance to include the essential municipal service of repairing, upkeeping, maintaining, improving and replacing sidewalks adjacent to public streets and roadways as a use for which the funds, moneys and revenues received from the collection thereof may be utilized in order to partially defray the cost of providing for  same.  WHEREAS, the Council for the City of Fairmont finds that the inclusion of sidewalk repair, upkeep, maintenance, improvement, and replacement adjacent to public streets and roadways is an appropriate use of said fee; is helpful in defraying the cost of providing same; and is a reasonable system of distributing the cost to all of the users thereof that the City can reach through reasonable and prudent legislation and reasonable and prudent means.  NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF FAIRMONT Article 920 Street Sweeping, and Street Maintenance and Improvement and Police Protection Charges, be and is hereby amended and supplemented as follows: (Matter to be deleted bracketed; new matter double underlined). PART NINE: STREETS, UTILITIES AND PUBLIC SERVICES CODE  THAT:    CHAPTER ONE: STREETS AND SIDEWALK AREAS AND POLICE ARTICLE 920 STREET SWEEPING, [AND] STREET MAINTENANCE AND IMPROVEMENT, SIDEWALK REPAIR AND REPLACEMENT, AND POLICE  PROTECTION  PROTECTION CHARGES  SECTION 1. DECLARATION AND FINDING  The Council of the City of Fairmont hereby finds that:  In the judgment of the Council, the public health, safety, welfare and well-being of all users of the streets and roadways within the corporate limits of the City of Fairmont, which include non-resident employees, residents and business interests, demand the continuation of the essential municipal service of street sweeping in an environmentally sound and proper manner, [and] the essential municipal service of street maintenance and improvement, namely the proper, curbing, draining, maintenance, repair, paving and re-paving thereof, [and] the continued ability of the City of Fairmont to provide police protection at current levels, and the ability of the City of Fairmont to provide for the repair, upkeep, maintenance, improvement and replacement of  sidewalks adjacent to public streets and roadways.  Council finds that the general public revenues of the City of Fairmont are not sufficient for the purpose of providing for the environmentally sound and proper disposal of the waste material generated from the street sweeping operations of the City of Fairmont or to provide for the essential municipal service of street maintenance and improvement, namely the proper, curbing, draining, maintenance, repair, paving and re-paving thereof, or to continue to provide for police protection at current levels or to provide for the ability of the City of Fairmont to repair, upkeep, maintain, improve and replace sidewalks adjacent to public streets and roadways,and it appears necessary under the provisions of West Virginia Code $8-13-13, to impose upon the users of said services fees that are just, equitable and provide sufficient  revenues therefor.  In order to improve said essential services, to better meet the obligations of government, to provide for the preservation, continuation and creation of jobs, to provide for the safe travel of the users of said services, to preserve and enhance real property values, and to lessen incidents of personal property damage, among others, the City must provide for continued street    sweeping in a proper and an environmentally sound manner; and further provide for the curbing, draining, repair, maintenance, paving and repaving of the streets and roadways within the corporate limits in a significant manner and in a reasonable cycle; and further provide for police protection at current levels, and further provide for the ability of the City of Fairmont to repair, upkeep, maintain improve and replace sidewalks adjacent to public streets  and roadways all of which is in the City's best interest; and  The imposition of the special charges established herein for the essential services described above are reasonable, fair, equitable and based upon a reasonable allocation of the use of said service among and between the users thereof and provides a reasonable system of distributing the cost to all of the users of the essential service described above that the City can reach through reasonable and prudent legislation and reasonable and prudent means.  SECTION 2. DEFINITIONS For purposes of this article, the following definitions shall apply unless the context clearly indicates or requires a  different meaning.  BUSINESS. All activities engaged in or caused to be engaged in with DIRECTOR. The Finance Director of the City of Fairmont or his or her DOMICILE. The true, fixed, and permanent home and principal establishment to which whenever a person is absent, he/she has the intention of returning; the established, fixed, permanent, or ordinary dwelling place or residence of a person, as distinguished from his/her temporary or transient EMPLOYED, Employed shall mean an employee working for an employer. An employee shall be considered employed in a calendar week sO long as such individual has not permanently discontinued employment within EMPLOYEE. Any person who works for an employer or any person who works for a salary, wage, or other compensation or remuneration on a full- time or part-time basis and who works within the corporate limits of the City EMPLOYER. Employer shall mean an individual person, including a self- employed individual working as a sole proprietor or member of a firm SO as to be subject to self-employment tax, and every entity, including but not limited to a business corporation, a corporation not for profit, a partnership, a charitable organization, a limited liability company, a limited liability  the object of gain or economic benefit, either direct or indirect.  CITY. The City of Fairmont.  delegate.  although actual place of residence.  the corporate limits of the City of Fairmont.  of Fairmont.    partnership, a professional corporation, a professional limited liability company, a professional limited liability partnership, a tax exempt organization, and every governmental entity, including every local, county, state and federal governmental entity, who employs the services of an employee or employees, or for whom an employee or employees work, or who NON-RESIDENT EMPLOYEE. Any person who, at the time the service or services described herein are rendered by the City of Fairmont, is domiciled outside the corporate limits of the City of Fairmont but who is an employee of an employer or any other person whose conduct is consistent with that of an RESIDENT: Any person who maintains a residence in the corporate limits of the City of Fairmont regardless of whether he or she is domiciled in the corporate limits of the City of Fairmont and any business that maintains a place of business within the corporate limits of the City of Fairmont and which said person or business has a residential, commercial, or industrial customer STREET MAINTENANCE AND IMPROVEMENT, SIDEWALK REPAIR, UPKEEP, MAINTENANCE, IMPROVEMENT AND REPLACEMENT, AND POLICE PROTECTIONCHARGE The special charge for the valuable essential municipal services of street maintenance and improvement, and sidewalk repair, upkeep.maintenance. improvement, andreplacement. and to partially defray the cost of providing the essential public service of police protection imposed STREET SWEEPING CHARGE. The special charge for the valuable essential municipal service of street sweeping and the proper disposal of waste material resulting from the street sweeping operations of the City of Fairmont USER OF MUNICIPAL SERVICES. Any person whose conduct is consistent with that of an individual benefiting from the use of municipal  pays the wages or salaries of an employee or employees.  employee benefiting from the use of municipal services.  account with the City of Fairmont.  by the provisions of this article.  to be imposed by the provisions of this article. services or is found or declared to be such a user.  SECTION 3. SPECIAL CHARGES ESTABLISHED AND IMPOSED  (a) Street Sweeping Charge. For services rendered on or after September 27, 2024, for the essential municipal service of street cleaning and the proper disposal of the material generated thereby there is hereby imposed, established, and charged upon each resident who maintains a residential, commercial, and industrial customer account of the City of  Fairmont a special charge of Zero cents ($0.00) per month.  b. Resident Street Maintenance and Improvement, Sidewalk Repair,    Upkeep, Maintenance, Improvement and Replacement.and Police Protection Charge. For services rendered on or after the effective date of this Ordinance for the essential municipal services of street maintenance, repair, curbing, draining, paving and repaving paving, sidewalk repair.upkeep, maintenance, improvement and replacement and police protection there is hereby imposed, established and charged upon each resident who maintains a residential, commercial and industrial customer account of the City of Fairmont a special  charge of eight and 67/100 dollars ($8.67) per month.  C. Non-Resident Employee Street Maintenance and Improvement, Sidewalk Repair, Upkeep, Maintenance, Improvement and Replacement,and  Police Protection Charge  (1) For service rendered on or after the effective date of this Ordinance oras soon thereafter as all administrative regulations are filed with the City Clerk for the essential municipal services of street maintenance, repair, curbing, draining, paving and repaving, sidewalk repair, upkeep, maintenance, improvement and replacement and police protection there is hereby imposed, established and charged upon each non-resident employee employed within the corporate limits of the City of Fairmont by an employer,  as special charge of two and 00/100 dollars ($2.00) per week.  (2) Exemptions from Non-Resident Employee Street Maintenance and Improvement, Sidewalk Repair, Upkeep, Maintenance, Improvement and  Replacement,and Police Protection Charge  A. If any such non-resident employee required to pay the special charge hereby imposed is employed by more than one employer, he/she  shall be required to pay only one (1) special charge.  B. Reserved  SECTION 4. DECLARATION AS TO CONDUCT EVIDENCING THE USE OF The Council for the City of Fairmont finds that all residents and all non- resident employees employed within the corporate limits of the City of Fairmont meet the definition of a user of municipal services and that such residency or employment within the corporate limits is legal and valid proof of the use of and/or benefit from the municipal service sufficient to assess and collect the special charges herein established from said resident and or non-  THE MUNICIPAL SERVICE.  resident employee.    SECTION 5. COLLECTION  A. The charges imposed, established, and charged by this article shall B. The charges imposed, established, and charged by Section 3A and 3B of this article shall be collected from each residential, commercial, and industrial customer of the City of Fairmont in monthly or bi-monthly  be collected, recorded, and deposited by the Director.  installments.  C. The charges imposed, established, and charged by Section 3 C of this article shall be collected from each non-resident employee by the employer. It shall be the responsibility of all employers employing employees subject to said charge to make quarterly payments of the amounts collected to the Director and complete any reports required by the Director pursuant to regulations promulgated by the Director and pursuant to the provisions set forth in the article. Ifany employer fails to collect the street maintenance and improvement fee established and imposed by this ordinance or fails to properly remit such fee to the City of Fairmont, said employer shall be liable  for such amount as he failed to collect and/or remit.  SECTION 6. DELINQUENT PAYMENT; DISCOUNTS.  (A) A penalty of ten percent (10%) of the charge established by Section 3A and 3B of this article shall be added for any default for a period of thirty days or less in payment of such charge, and for each succeeding thirty days elapsing thereafter until payment is received there shall be an additional penalty of one and one-half percent (1.5%); provided that a discount of five percent (5%) shall be allowed on bi-monthly installments if paid within twenty  days of the billing date.  (B) Each installment of the charge established Section 3C of this Article shall be due within 30 days from the last day of the reporting period. Charges not received within 30 days of said due date shall be considered delinquent. There shall be added to each delinquent account a penalty of five percent (5%) of the balance thereof on the 31st day after the reporting periods ends. Thereafter, a penalty of [on] one and one-half percent (1.5%) shall be added to the total outstanding balance at the end of each quarter. These penalties  are assessed against the employer. unpaid by any and all lawful means.  (C) The Director shall collect any principal, interest, and penalty due and    SECTION 7. USE OF UNDS/DEDICATION OF REVENUES  The funds, moneys and revenues received from the collection of the charges provided for in Section 3A of this article shall be used only for the purpose of continuing and maintaining the essential municipal service of street cleaning and the proper disposal of the material generated thereby and no part of such funds, moneys and revenues shall be used for any other purpose. The funds, moneys and revenues received from the collection of the charges provided for in Section 3B and Section 3C of this article shall be used  for the following purposes:  (A) Curbing, draining, repair, maintenance, paving and repaving of the (B) Repairing, upkeeping, maintaining, improving, and replacing sidewalks adjacent topublic streets and roadways within the corporate limits;  streets and roadways within the corporate limits; and  and  [(B)] (C) To partially defray the cost of providing the essential public No part of such funds, moneys and revenues shall be used for any All revenues shall be accounted for in the appropriate designated revenue line items in the city's general fund. This dedication shall follow the uniform chart of accounts as prescribed by the State Auditor under the  service of police protection within the corporate limits.  purpose except those enumerated above.  authority of W. Va. Code $6-9-2.  SECTION 8. REFUSAL TO PAY  No person shall refuse to pay the fee provided for herein or aid or abet SECTION 9. ADMINISTRATIVE REGULATIONS; INVESTIGATIONS AND A. Pursuant to West Virginia Code $8-13-13, the Director shall have the authority and responsibility to promulgate reasonable regulations for the collection of the charges imposed by this article. Said regulations  in the avoidance of the payment of such fee.  POWERS TO AUDIT,  shall include but not be limited to:    (1) (2) of fees. (3)  Regulations setting due dates for all fees.  Regulations setting forth guidelines for the orderly collection Regulations requiring employers employing persons within the City of Fairmont to collect and remit said fees and supply to the Director any and all information which may include the  following:  (a) The number of total employees;  (b) The number of exempt employees, if any; (c)The number of ull-time/part-time employees;  (d) Hire dates for new employees and termination dates for  those who have left employment; (e) Names and addresses.  (4)  Regulations requiring employers to collect from their employees and to remit to the Department of Finance the fees imposed herein. Such rules, regulations, and procedures shall be reduced to writing and shall take effect upon being filed in the  office of the City Clerk.  (5)  The Director, may, upon his/her discretion, allow employees to submit information on an annual basis; however, payment of  fees shall be made quarterly. to be acceptable to the Director.  (6)  The method of reporting shall be done by such means found  (B) For the purposes of ascertaining the correctness of any information submitted to the Director as required by division (A) above, the Director, or his/her designee, shall have the power to examine or cause to be examined, any books, papers, records, memoranda, documents and any other payroll data and information, and may take testimony and require material proof with power to administer oaths to any person or persons from whom testimony may be taken. The Director shall further have the power to issue subpoenas and subpoenas duces tecum in the name    of the City to compel the attendance of witnesses and the production of books, papers, records, memoranda, documents, and testimony at the time and place specified for purposes of said audit. Every such subpoena and subpoena duces tecum shall be served at least five days before the return date thereof by either personal service by any credible person over 18 years of age or by registered or certified mail, return receipt requested. A return receipt shall be required to prove service by  registered or certified mail. SECTION 10. ENFORCEMENT.  In addition to any other remedy which may be provided by law, the City Attorney is charged with enforcement of this article and may institute appropriate legal proceedings in the corporate name of the city and against any employer or other person who fails to comply with the provisions of this  Article.  SECTION 11. PROTEST AND APPEAL.  (A) Any user of municipal services who feels aggrieved by any charge made pursuant to this article may protest the same by filing written notice of such protest with the Director setting forth his or her objections thereto and making payment under protest of the assessed amount. The Director shall review such user's grounds for protest, render a decision on the protest and forthwith notify the user of such decision in writing within 15 days of the filing of the protest. If the user is not satisfied by the Director's decision or is still aggrieved, he or she may petition the Judge of the Municipal Court for review  of the Director's decision.  (B) The petition for review must be filed with the Municipal Court Clerk on or before 3:00 p.m. prevailing time within 25 days of the date of the mailing of the Director's decision. If the 25th day shall fall on a Saturday, Sunday or legal holiday, the filing period shall be extended to 3:00 p.m. prevailing time on the next regular business day. The petition for review must be in writing and be verified under oath by the petitioner. The petition for review must set forth with particularity the portions of the Director's decision objected to or contested and the petition for review must further state the reasons for each objection or contested fact. Fairness and equity shall not be issues. The petition for review must state an address of the petitioner for purposes of service of all papers and hearing notices. The petition for review must set out a copy of the Director's decision or have a copy of said decision attached  thereto.  Upon the timely filing of a petition for review, timeliness being    jurisdictional, the Municipal Court Clerk shall assign the petition for review a The petitioner, at the time of filing the petition for review, must serve a The Director shall have twenty (20) days from the date of receipt of the petition for review to file an answer with the Municipal Court Clerk stating the nature of the case, the facts relied upon by the Director and an answer to each issue presented for review. The Finance Director shall serve a copy of the Upon receipt of the answer, the Municipal Court Clerk shall assign a time and place for a hearing before the Judge of the Municipal Court and shall provide written notice of the hearing to the Director and to the petitioner at The hearing before the Judge of the Municipal Court is heard de novo, however, fairness and equity shall not be issues. The burden of proof shall be on the petitioner. The decisions of the Judge of the Municipal Court shall be in writing and contain a statement of findings of material fact and conclusions of law. The Judge of the Municipal Court has authority to affirm, reverse, modify, or vacate the decision of the Director. All decisions of the Judge of the Municipal Court must be issued within a reasonable time, not to exceed thirty (30) days from the close of the hearing. Unless a timely appeal is taken to the Circuit Court of Marion County, the decision of the Judge of the Municipal Court shall be final and conclusive and not subject to additional review.  case number.  copy of the petition for review upon the Director.  answer upon the petitioner.  the address provided in the petition for review.  (C) Either party may petition for appeal of the decision of the Judge of the Municipal Court to the Circuit Court of Marion County, West Virginia as  provided by law.  SECTION 12. SEVERABILITY.  If any section, subsection, subdivision, paragraph, provision, sentence, clause, or word in this article is for any reason held invalid or unconstitutional, such holding shall not affect the validity, constitutionality, legality, or  application of any other portion of this article.  SECTION 13. PENALTY.  It shall be unlawful for any person to refuse to pay, collect or remit the street maintenance and improvement fee herein provided to be paid, collected and remitted or to refuse to make any filings required by this ordinance, or to make any false or fraudulent filing or false statement in any filing with the intent to defraud the City, or to evade the payment of the street maintenance and improvement fee or any part thereof; or for any person to aid or abet    another in any attempt to evade the payment of the fee, or for any officer or partner or principal of any entity to make any false filing or any false statement in any filing with the intent to evade the payment of the street  maintenance and improvement fee.  Whoever willfully violates any provisions of this article shall upon conviction thereof, be guilty of a misdemeanor and shall be fined not more  than five hundred dollars ($500.00).  SECTION 14. SAVINGS CLAUSE.  The provisions of this ordinance shall become effective as hereinafter set forth. For all matters which may have arisen prior to said effective date, the former provisions of this Article shall apply and to that extent are hereby  saved.  This Ordinance shall become effective thirty (30) days after adoption.  Adopted this  day of  2024.  MAYOR  ATTEST:  CITY CLERK    ITEM3    ORDINANCE NO.  AN ORDINANCE OF THE COUNCIL FOR THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 1767 RENTAL DWELLING UNITS TO IMPROVE THE ADMINISTRATION AND  ENFORCEMENT THEREOF.  SYNOPSIS  By the enactment of this proposed ordinance, the Council for the City of Fairmont intends to amend and supplement Article 1767 Rental Dwelling Units of the Fairmont City Code in an effort to improve the administration and enforcement thereof, and to continue to provide for safe, sanitary, and suitable rental housing for its citizens and secure and preserve the integrity and character of the residential areas within its corporate limits.    ORDINANCE NO.  AN ORDINANCE OF THE COUNCIL FOR THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 1767 RENTAL DWELLING UNITS TO IMPROVE THE ADMINISTRATION AND  ENFORCEMENT THEREOF  WHEREAS, by the enactment of the ordinances codified as Article 1767 Rental Dwelling Units of the Fairmont City Code, the Council for the City of Fairmont intended to provide for safe, sanitary, and suitable rental housing for its citizens and secure and preserve the integrity and character of the  residential areas within its corporate limits.  WHEREAS, by the enactment of this ordinance, the Council for the City of Fairmont intends to amend and supplement said Article to improve the  administration and enforcement thereof.  NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF FAIRMONT Article 1767 Rental Dwelling Units, be and is hereby amended and supplemented as follows: (Matter to be deleted bracketed; new matter double  THAT:  underlined).  PART SEVENTEEN: BUILDING AND HOUSING CODE ARTICLE 1767: RENTAL DWELLING UNITS.  Rental Dwelling Units  1767.01 Purpose. 1767.02 Scope. 1767.03 Definitions.  1767.04 Illegal conditions; citation authority.  1767.05 Application for certificate of use and occupancy.  1767.06 Filing deadlines. 1767.07 Fees and conditions. 1767.08 Inspections.    1767.09 Certificate of use and occupancy, display, transfer, expiration.  1767.10 Notice of violation. 1767.11 Illegal Occupation [1767.11] 1767.12 Right of appeal. [1767.12] 1767.13 Applicability of other laws. [1767.13] 1767.14 Waiverability.  [1767.14] 1767.15 Applicability of other codes and ordinances.  1767.99 Penalty. CROSS REFERENCES  Littering and deposit of refuse; weeds - see GEN. OFF. 537.05 Cleaning and maintenance of sidewalks - see S.U.&P.S. 905.06 et seq.  1767.01 PURPOSE.  The purpose of this article is to promote health and safety standards for rental housing and to secure and preserve the integrity and character of residential districts within the City of Fairmont. These standards relate to the condition, maintenance and occupancy of rental dwelling units and are intended to ensure that rental housing is safe, sanitary, and suitable in accordance with applicable provisions of the State Building Code, State Fire  Code and other regulations as adopted by the City.  1767.02 SCOPE.  This article applies to all rental dwelling units within the City of Fairmont. This article shall not apply to owner occupied dwellings wherein roomers or boarders are maintained in common living areas in accordance with other applicable codes and ordinances. This article shall not apply to hotels, motels, dormitories, lodging and boarding houses and other transient residential occupancies. Buildings housing business or commercial uses in addition to rental dwelling units shall be subject to the provisions of the State Building Code State Fire Code and any other City Code, which apply to such mixed Where a certificate of use and occupancy has been issued in accordance with the State Building Code for any building that has been erected, altered, or converted to a residential use, such dwelling shall not be subject to  uses.    reinspection for the purpose of rental registration for two years following the  date of issuance of the certificate. 1767.03 DEFINITIONS. following definitions:  For the purpose of this article, the terms listed below shall be assigned the (a) "Certificate of use and occupancy" means the certificate issued by the Code Official which permits the use of a building and which certifies compliance with the provisions of law for the use and occupancy of the building in its several parts together with any special stipulations or conditions. (b) "Code Official" means the officer or other designated authority charged with the administration and enforcement of the Building Code of the City, or (c) "Dwelling unit" means a single unit providing complete, independent living facilities for one or more persons, including permanent provisions for (d) "Expiration Date"means the 2-year period after an initial inspection date or a renewal inspection date. This is not the date of any compliance [(d)] (e) "Owner occupied" means occupied by the actual property owner or by any person or persons related thereto by blood, marriage, or adoption and [(e)] (f) "Rental dwelling unit" means any dwelling unit which is offered in whole or part for residential purposes and for which remuneration is received. (a) An owner or operator shall not rent or offer for rent any dwelling unit for use in whole or in part for human habitation unless a valid certificate of use and occupancy has been issued for such dwelling unit by the Code Official indicating that inspection found the premises to be in substantial compliance (b) Any Code Official charged with the enforcement of this article may issue a citation for an illegal condition found in violation of the provisions of this section if the violation is committed in the Code Official's presence and there is reasonable grounds to believe that the person being cited will appear to answer the charge. The citation shall provide that the person being cited shall appear within a designated time. If the person being cited fails to appear in response to the citation or if there are reasonable grounds to believe that  a duly authorized representative.  living, sleeping, eating, cooking and sanitation.  reinspection date.  where no remuneration is received.  1767.04 ILLEGAL CONDITIONS; CITATION AUTHORITY.  with the State Building Code.    the person being cited will not appear, a complaint may be made by summons 1767.05 APPLICATION FOR CERTIFICATE OF USE AND OCCUPANCY.  and complaint and/or a warrant shall issue.  Application for a certificate of use and occupancy shall be submitted in writing, on forms provided, to the Code Official and shall contain at least the  following information: (a) For the dwelling:  (1) The address(es) of the dwelling units; (2) The zoning district of the dwelling; (3) The number of units in the dwelling;  (4) The names, addresses and telephone numbers of the owner, agent or operator, and any other person to be notified in case of emergency or non-  conforming condition requiring notification; and (5) Any other uses within the building.  (b) For each dwelling unit: (2) Maximum occupancyi  (1) The story on which the unit is located;  (3) Number of off-street parking spaces available; and  (4) Dwelling unit identification number.  1767.06 FILING DEADLINES.  (a) Initial Application. Application for a certificate of use and occupancy for a rental dwelling unit where none has previously been issued shall be in certificate of use and occupancy shall be filed at least thirty (30) days before the expiration date of the existing certificate of use and occupancy. Upon receiving an application for renewal of the certificate of use and occupancy, the Code Official shall inspect the dwelling and shall re-issue a certificate of use and occupancy within ten (10) days following inspection if said unit is found to be in substantial compliance with the State Building Code, State Fire  accordance with Section 1767.05.  (b)  Renewal Application. An application for renewal of the existing  Code and other regulations as adopted by the City.    1767.07 FEES AND CONDITIONS.  (a) Each property owner shall be charged a compliance inspection fee of (b) Property owners missing scheduled inspections, and failing to provide twenty-four hours notice shall be charged an additional [ten-dollar ($10.00)] (c) All inspections shall be scheduled during regular business hours, unless (d) Court appearance fees of [fifteen dollars ($15.00)] thirty dollars ($30.00) per hour or portion thereof shall be charged to the requesting party when scheduling is at least twenty-four hours in advance and [thirty dollars ($30.00)] fifty dollars ($50.00)per hour or portion thereof when appearances (e) Real estate pre-sale inspection fees of fifty dollars ($50.00) per man- hour with a one-hour minimum charge shall be assessed where an inspection isr requested to determine if a rental property is in compliance with the State Building Code, State Fire Code and other regulations as adopted by the City. (f) Preparation and issuance of a duplicate certificate of use and occupancy (g) Re-inspection fees of thirty dollars ($30.00) per unit shall be charged to the property owner for each inspection of property requiring more than two (h) Application fees of fifty dollars ($50.00) shall be charged for Board of () A fee of fifteen dollars ($15.00) shall be charged to each unit for a reinspection that occurs after the compliance period/date noted on the initial (j) anadditional compliance inspection fee of fifteen dollars ($15.00) shall be assessed for each rental unit for every three months the unit is expired past the expiration date on themost recent certificate of use and occupancy issued for said unit, with a maximum additional compliance fee of $60.00. Said fee will be in_addition to the_initial compliance fee provided for in subsection (a)_of this section; provided however, that the maximum compliance inspection fee for any rental dwelling shall be ninety dollars  thirty dollars ($30.00) per inspection per unit.  fifteen-dollar ($15.00) fee.  otherwise approved by the Code Official.  are scheduled within twenty-four hours of a hearing.  shall require a ten dollars ($10.00) service charge.  inspections for compliance. Appeals hearings.  orr renewal inspection form.  ($90.00).  1767.08 INSPECTIONS.    The owner for purposes of inspection under rental registration shall provide the Code Official access to all areas of any building containing rental dwelling units and the Code Official shall be accompanied by the owner or an agent of 1767.09 CERTIFICATE OF USE AND OCCUPANCY, DISPLAY, TRANSFER, (a) If, upon inspection, the rental dwelling unit is found to conform to the requirements of this article, the Code Official shall issue a certificate of use (b) After the effective date of this section, either upon an initial application or a renewal application, a two (2) year certificate of use and occupancy shall be issued for the dwelling unit after the Code Official finds the unit in substantial compliance with this article. The certificate of use and occupancy  the owner during inspection.  EXPIRATION.  and occupancy within ten days.  shallexprestyprovide for the expirationdate. subsequent owners of the respective dwelling unit(s).  (c)  The certificate of use and occupancy shall be transferable to  (d) A copy of the certificate of use and occupancy shall be available for inspection at the [City Planning Office] ulsinaimsstobpatmert during (e) Certificates of use and occupancy issued after the effective date of this section shall expire two years from the date of issuance by the Code Official (f) The owner/agent shall post a copy of the certificate of use and occupancy in a conspicuous location in the interior of the premises or near the  regular business hours.  unless sooner revoked.  interior electrical fuse or circuit box of each dwelling unit.  1767.10 NOTICE OF VIOLATION.  [(a) When in the course of the inspection required under this article, violations are discovered [on the premises which do not affect the habitability or safety of a rental dwelling, such violations shall be cited in accordance with the administrative provisions of the applicable code or ordinance. Such violations shall not be construed as grounds to withhold or revoke the (b) Where conditions exist which affect the habitability of the dwelling but which do not pose an imminent hazard to the occupants, a cèrtificate of use and occupancy shall be issued along with a notice of violation. The notice of  certificate of use and occupancy.    violation shall be in writing, shall be served to the owner or agent, shall contain a description of the property sufficient for identification, and shall include: (1) A: statement of the reason(s) for which it was issued, (2) A correction order specifying repairs to be made, (3) A reasonable time in which repairs are to be completed, and (4) A statement of the owner's right of appeal.  The owner shall, within the time period specified in the notice of violation, correct all deficiencies cited in violation of the State Building Code and City codes. The certificate of use and occupancy shall be revoked and a notice to vacate issued if the dwelling unit is not in compliance within the time specified in the notice of violation. However, the Code Official may, upon written request, extend the period for compliance where the work has been delayed despite good-faith efforts to comply and where such extension presents no immediate threat to the health or safety of the occupants of the dwelling unit or other units or properties. A notice of violation shall not be construed to verify substandard housing except where conditions exist which require the (c) Where violations are found which, in the judgment of the Code Official, are sufficient to withhold or revoke the certificate of use and occupancy, the Code Official shall issue a notice to vacate. The notice to vacate shall:  vacation of the dwelling or dwelling unit.  (1) Be in writing,  (2) Bes served to the owner or owner's agent,  (3) Contain a description of the property sufficient for dentification, (5) Include a copy of any relevant notice(s) of violation, and (6) Include notification of the owner's right of appeal.  (4) State the reasons therefor,  (d) Nothing in this article shall be construed to prevent the Code Official from ordering the immediate vacation of any dwelling or dwelling unit where violations are discovered which pose an imminent threat to the health or safety of the occupants. Appeal shall not stay an order to vacate under such (e) Occupancy of any rental dwelling unit in violation of a notice to vacate shall subject the owner/agent and/or the occupants to the penalties prescribed  conditions.  in Section 1767.99.]    (a) When. in the course of the inspection required under this article, violations are discovered inside or outside of the premises of a rental dwelling unit, such violations shall be listed on a Rental Dwelling Unit Inspection Report. When violations are discovered inside or outside of the premisesofa rental dwelling unit, that unit's certificate of use and occupancy shall be withheld until the violations are corrected. When, in the opinion of the Code Official, the violation(s) discovered inside or outside of a rental dwelling unit affect the health or safety of other occupants residing inother rental dwelling units within the same building, those certificate(s)of use and occupancy can be withheld or revoked. The Code Official may, upon written request, extend the periodforcomplance where the work has been delayed despite good-faith efforts to comply and where such extension presents no immediate threat to the healthor safety of the occupants ofthe rentaldwelling.unit. or other rental dwelling units within the same building. The Code Official, upon written request, may also extend the periodforcompllance for exterior violations that do not affect the health or safety of the occupants residing in that or other rental dwelling units within the same building for outside violations when, despite good-faith efforts to comply, inclement weather has caused repairs to be delayed. The Rental Dwelling Unit Inspection Report shall include the  following in writing: (1) (2) (3) (4) (5) (6)  Identification of the rental unit,  Violations discovered inside or outside the premises of the rental A reasonable time frame in which violations will be The identity of the Code Official performing the inspection, and  dwelling unit, repaired/corrected,  As statement of the owners right to appeal,  The date of the inspection.  (b) When in the course of the inspection required under this article. violations are discovered inside or outside of the premises of a rental dwelling unit and the violations are minor in nature and will not affect the health or safety of theoccupantsofi the rental dwelling unit or other occupants of other dwelling units within the sameDulding.the CodeOfficial may issueaseparate Notice of Violation to the owner or agent for the repairs/corrections and also (c) When, in the judgment of the Code. Official, violations discovered inside or outside of a rental dwelling unit that are sufficient to withhold or revoke the certificate of useand occupancy and the violation(s) poseanimminent danger to the health or safety of the occupants of the rental.dwelling unit or other occupants of other dwelling units within the samebulding.the Code Official  issue the certificate of use and occupancy.    shalli issue anotice to vacate to the owner or agent.A notice to vacate placard along with the notice of violation shall be posted to the rental dwelling unit in aconspicuous location. Anappeal shall not "stay" an.order to vacate under  such conditions. The notice to vacate shall:  (1) Be in writing,  (2) Contain the identification of the rental unit, (3) Be served to the owner or owner's agent, (4) State the reasons therefor,  (5) Includea copy of any relevant.notice(s) of violation, (6) Contain a notification of the penalty of this article for the owner, agent, or occupant(s) defying the notice to vacate order. (7) Includenotfication. of the owner's right of appeal. (8) The identity of the Code Officialp performing the inspection, and  (9) The date of the inspection.  (d) Nothing in this article shall be construed to prevent the Code Official from.ordering. the immediate vacation of any dwelling or dwelling unit where violations are discovered which pose an imminent threat to the health or  safety of the occupants. 1767.11 ILLEGAL OCCUPATION.  (a)When anotice to vacate has been issued to the owner or agent and the premises of therental dwelling unit has been posted, occupants of that rental dwelling unit that continue to live in the unit shall be subject to the penalties (b) When the owner or agent has failed to register a rental dwelling unit pursuant to the provisions of this Article or has failed to renew a rental dwelling unit pursuant to the provisions of this Article and a notice of delinquent rental property has been sent to the owner or agent and the prescribed time frame to register or renew the rental unit(s) has expired, the Code Official shall post the premises of the Rental Dwelling Unit(s) with a notice to vacate and the owner, agent, and occupants will be subject to  prescrbedin.section 1767.99  penalties set forth insection 1767.99 [1767.11] 1767.12 RIGHT OF APPEAL.  (a) Any property owner or agent shall have the right to appeal to the Board of Appeals from a decision of the Code Official where it is alleged that the intent of this article or the codes referenced herein have been incorrectly interpreted, the provisions of this article do not fully apply, or an equivalent remedy to any violation may be employed. Such appeal shall be in writing    stating the reasons therefore and shall be submitted to the Code Official within twenty days of receipt of the notice of violation. Except where conditions warrant immediate vacation of the dwelling, such appeal shall stay all action on the part of the Code Official in furtherance of the notice of violation from (b) Where a violation of the City Planning and Zoning Code is cited in a notice of violation, appeal shall be to the [Board of Adjustment] Board of Zoning Appeals (BZA).AlI appeals from all other violations shall be to theICC  which the appeal was taken.  Board of Appeals.  [1767.12] 1767.13 APPLICABILITY OF OTHER LAWS.  This article is not intended to abrogate any of the rights and responsibilities normally ascribed to the tenant or the landlord under the laws of West Virginia whether set out by case law or by the West Virginia Code, or any other  applicable laws.  [1767.13] 1767.14 WAIVERABILITY.  The minimum requirement of this article may not be waived either [1767.14] 1767.15 APPLICABILITY OF OTHER CODES AND ORDINANCES. This article is in addition to all housing requirements of other City ordinances  intentionally or impliedly by either party to a rental agreement.  and the laws of the State, as the case may be.  1767.99 PENALTY.  Violation of this article shall constitute a misdemeanor punishable by a fine of not less than ten dollars ($10.00) nor more than five hundred dollars ($500.00). Each day that a violation continues after notification of same by the Code Officiat shall be deemed a separate offense. The imposition of penalties prescribed herein shall not relieve the property owner from responsibility for full compliance with all other applicable codes and ordinances, including any and all separate fines and penalties imposed  thereunder.    SAVINGS CLAUSE.  The provisions of this ordinance shall become effective as hereinafter set forth. For all matters which may have arisen prior to said effective date, the former provisions of this Article shall apply and to that extent are hereby  saved.  This Ordinance shall become effective thirty (30) days after adoption.  Adopted this  day of  2024.  MAYOR  ATTEST:  CITY CLERK    ITEM 14    ORDINANCE NO.  AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT, WEST VIRGINIA, APPROVING THE TERMS AND CONDITIONS OF THAT CERTAIN WAGE AND BENEFIT AGREEMENT BY AND BETWEEN THE CITY OF FAIRMONT AND LODGE 69 OF THE FRATERNALORDEROFPOLICE EFFECTIVE FOR THE PERIOD FROM JANUARY 1, 2025 TO DECEMBER 31, 2029, AND FURTHER AUTHORIZING AND EMPOWERING THE CITY MANAGER TO EXECUTE AND DELIVER SAID AGREEMENT ON BEHALF OF THE  CITY OF FAIRMONT  SYNOPSIS  This proposed ordinance manifests Council's approval of the terms and conditions of that certain Agreement by and between the City of Fairmont and Lodge 69 of the Fraternal Order of Police effective for the period from January 1, 2025 to December 31, 2029. The agreement sets forth the terms and conditions of employment of the members of the City's police department below the rank of chief. A copy of the Agreement is attached to and made a part of  the ordinance  This proposed ordinance provides the City Manager with authority to execute and deliver said agreement on behalf of the City of Fairmont.    ORDINANCE NO.  AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT, WEST VIRGINIA, APPROVING THE TERMS AND CONDITIONS OF THAT CERTAIN WAGE AND BENEFIT AGREEMENT BY AND BETWEEN THE CITY OF FAIRMONT AND LODGE 69 OF THE FRATERNAL ORDER OF POLICE EFFECTIVE FOR THE PERIOD FROM JANUARY 1, 2025 TO DECEMBER 31, 2029, AND FURTHER AUTHORIZING AND EMPOWERING THE CITY MANAGER TO EXECUTE AND DELIVER SAID AGREEMENT ON BEHALF OF THE  CITY OF FAIRMONT  WHEREAS, West Virginia Code $8-5-11 empowers the governing body of the City of Fairmont with the authority to determine and prescribe the positions, number, tenure, qualifications, requirements, powers, and duties of all municipal employees and the City of Fairmont has by ordinance previously  determined and prescribed for such employees;  WHEREAS, it appears that the majority of police officers employed by the City of Fairmont desire that the City of Fairmont continues to recognize Lodge 69 of the Fraternal Order of Police (FOP) as the collective bargaining  representative of said officers;  WHEREAS, in order that the City of Fairmont and the members of FOP Lodge 69 may continue to work together in harmony and in order that any matter which may arise between said members and the City may be settled in an orderly fashion, the parties have entered into negotiations, and the negotiations have culminated in that certain agreement effective for the period from January 1, 2025 to December 31, 2029, a copy of which is attached  hereto;  WHEREAS, said agreement will promote harmony and efficiency and improve relationships between the members of FOP Lodge 69 and the City and  sets forth the basic terms and conditions of employment;  WHEREAS, on November 21, 2024, the FOP Lodge 69 by a vote of majority of said members at a meeting duly noticed and held ratified, confirmed, and approved the terms and conditions of said agreement.  WHEREAS, the Council for the City of Fairmont finds that said agreement is in the best interest of said City and will enable the City of Fairmont to    continue to maintain morale among its police officers, while providing the  essential municipal services of police protection; and  WHEREAS, West Virginia Code $8-12-5 provides that the governing body of every municipality shall by ordinance fix or cause to be fixed the  compensation of every municipal officer and employee;  NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF FAIRMONT THAT: SECTION 1. APPROVAL: The Council for the City of Fairmont, after a review of same, does hereby approve the terms and conditions of that certain agreement by and between the City of Fairmont Lodge 69 of the Fraternal Order of Police effective for the period from January 1, 2025 to December 31, 2029, a copy of which is attached hereto and the terms of which are made a  part hereof as if fully set forth verbatim herein.  SECTION 2. AUTHORIZATION/RATIFICATION: That the City Manager for the City of Fairmont be and is hereby authorized and empowered to execute and deliver the aforesaid agreement on behalf of the City of Fairmont; provided however, that if executed and delivered prior to the effective date of this ordinance, the same is hereby ratified, confirmed and approved.  SECTION 3. EFFECTIVE DATE: This Ordinance shall become effective  thirty days after adoption. Adopted this the  day of  2025.  MAYOR  ATTEST:  CITY CLERK    WAGE AND BENEFIT AGREEMENT  THE CITY OFFAIRMONT, WEST VIRGINIA  AND  LODGE E690FTHE FRATERNALORDER OF POLICE    WAGEANDI BENEFIT AGREEMENT! BETWEEN THECITY OFF FAIRMONT, WESTVIRGINIA MDLCPAEeCTMERAIRNAN ORDEROFPOLICE INDEX  ARTICLEONE ARTICLETWO.. ARTICLETHREE. ARTICLEFOUR. ARTICLEFIVE. ARTICLESIX. ARTICLESEVEN.. ARTICLEEIGHT. ARTICLENINE.. ARTICLETEN. ARTICLEELEVEN. ARTICLETWELVE. ARTICLETHIRTEEN. ARTICLEFOURTEEN. ARTICLEFIFTEEN. ARTICLESIXTEEN.. ARTICLEEIGHTEEN. ARTICLENINETEEN. ARTICLETWENTY.. ARTICLETWENTY-ONE. ARTICLETWENTY-TVO. AKICLETWENTY-THREF. AKICIETWENTYYOUR. ARTICLETVENTYPVE. ARTICLETVENTYSIX ARTICLETVNTYSEVEN. AKTICLETVENTY-EIGHT.  SCOPE OPI DEFINITIONS RECOGNITION GENERAL PROVISIONS WAGES ANDI BENEFITS MANPOWER PENSION PLAN HOLIDAYS SUCCESSORS RATEC OFPAY JURYI DUTY COURTLEAVE SAVINGS CLAUSE LABOR MANACEMENTCOMMITE PREVAILING! RIGHTS REPORTING, ABSENCES FROM WORK MISCELLANEOUSPOUCIES ACCRUEDSICKIEAVE DENTALANDEYECARE VACATION UNIFORMS UNIONACTIVITYLEAVE EXCEPTOAS/DISCLAIME PAIDSICKL LEAVE TUITIONAID DURATOMANDTEANIATON  ARTICLESEVENTEEN.   SEPARATIONS ANDI DSCIPLINARYACTIONS GRIEVANCE  2    THIS AGREEMENT. made this the 13--tay of Ouiebo-21201", da af.amnry.2025. by Formatted: and between the CITY OF FAIRMONT. WEST VIRGINIA. hercinafler refered to as THE CITY. andi the FRATERNAL ORDER OF POLICE. LODGE 69, oni the behalf ofa allr members of saidc organization hereinafter referredt lo: as THEF FOP. Agreement effective dates are foundi in WHEREAS. the parties hereto desiret tor maintain hammonious relations, advance mutuali interests int the preservation ofi the public safcty, and promotes slandards and conditions of employment for police officers oft the City of Fairmont, West Virginia. and to achieve hammonious and pcaceful adjustment of differences which may arise, and t0 recognize the legitimate interests of officers of the CITY top participate through bargaining unseitled differences int the determination police of wages, benefits, lems and conditions of employment: NOW THEREFORE, in consideration of the mulual promises and covenants hereinafier contained, the Cily of Fairmont andi the FOP dol hereby agree asf follows.  Superscript  Article 28- Durationa and Termination.  ARTICLEONE SCOPEOFDEPINTIONS  This agreemen! shall include all members oft the FAIRMONT POLICE DEPARTMENT who holdar rank junior lo thals ofChiel as liskdi in Auticle Five Scctionc and who are. become, and  remaini members ofi the FOP.  DEFINITIONS  1. SHIFTS shall meana and cight (8)1 hourp period of duty.  2. POLICE DEPARTMENT SENIORITY shall be delined as, the starling datc upon appointment as a police oflicer for the City of Fairmont, West Virginia. and continuous service toi include any reinslatements. until retirement from the 3. LONGEVITY SENIORITY shall be defined as the total lengh of continuous service with the CITY. toi include: any reinstatements. 4, WAGE AND BENEFITS COMMITTEE shall be delined as the bargaining committec elected by the members of the FOP. Upon election of committee members, FOPI Lodge 69 will notify the Cily ther names oft the members. WAGE COMMITTEE shall be defined as the bargaining committee elected by the 5. PENSION PLANS shall be defincd as. the present plan required by the Stale of West Virginia, for paidp police and paid fire deparments.  police department.  members ofi thel FOP.  3    6. LABOR MANAGEMENT COMMITTEE: shall bec dofineda as, three (3) FOP representatives: andi the Cily! Manager. whos shall havet the authority tor make recommendations lot thel FOPa andt the CITY. This does not definet thec çontract negotiation tcams of cihert thel FOP ort the City ofl Faimmont 7. GUARANTEED HOLIDAYS shall be defined as a holiday taken by a police department officer, and shall not be subject I0 duly call back, unless covered under provisions of ARTIÇLESEVEN. 8. PERSONAL DAYS: shall be definod as. a day picked by a police offiçer tob be taken off as his personal holiday without being called back to work, with appoyalofasupenvisoy: officer. 9. FOP MEMBERS, employces. and similar designations shall mean police officers under ther rank of Chief. 10. INSUBORDINATION, disobedience t0 authority in relation lo gross misconduct by the officeri inr relationt tos supervisors oft the depariment.  ARTICLETWO RECOGNITION  The CITY recognizes, insofar as said employer is permilled oc dos SO under andl by virue of the laws ofi the Slate of West Virginia. thel FRATERNAL ORDER OF POLICE. LODGE6 69, asi the bargaining agent for all members of the Fainmont Police Department belew-the. nank-nf  Chiehholwidarank listedi in Arikkethng-Saimc  ARTICLETHREE GENERALPROVISIONS  1. NON-DISCRMINATION  a. The FOP recognizes is responsibility as bargaining agent and agrees to represent all FOP employces in the bargaining unit without discrimination or b. The provisions oft this Agrcement shalll bes applied cqually t0: alll FOP employees int the bargaining unit without discrimination as 10 age. sex, disability, marital slatus, race, color,c creed, national origin, or politicalaffiliation. The FOP shall share cqually with the CITY. the responsibilily for applying this  interfcrence.  provisionoft the Agreement.    2. CONTRACTDISPUTES  Ifd during the life of this Agreement there arises a difference ofi interpreiation in the contract language, the same shall be brought to the attention of the City Manager in written form outlining! the provision and the FOP'sp position regarding the provision or The City Manager shall providea a writtens slatement oft the City's position provisionsi to the FOP inc within. question. 30 days ofr notification. Any dispute may be submitted IO thel Labor recommended resolution orr resolved by grievance as! hercafters set Management forth. Thee express provisions of this Agreement constituie thee entirea agreemen! between thep no other representations shall ber made. This Agreement can only be added to or modified parties and document, in writing. signed by the parties thereto. All other rights of inherently retained! byt the City unlesst modifiedi ina accordance with this provision. management Upone exhaustion of the remedies provided fori int this Agreement, any dispute arising from the interpretationc ora application of this Agreements shall be govemed by the laws oft the State of West  Committee fora a  3. ENTIREAGREEMENT  bya are  4. CHOICEOFLAWS Virginia.  ARTICLEFOUR WAGESANDBENEPTS  A. Wage and Bencfit Commitiec negotiate: al labor agreement with the City. B. TerminationPay  The Wage and Benefits Committee shall be the sole representatives of the FOP authorized  10  During the term of this Agreement. all members of the police department covered by this Agreement shall receive termination pay for accrued sick leave. vacation and forthi int ther most currente enacted Ordinance ofr recorda addressings suchbenefits. holidays as sct Each employee shall be paid longevity pay in accordance with the Longevily Schedule FOP: ass setf fonhi int ther mostr recently enacted Occupationall List of Classes (FOPPay Pay Plan)a for the  C. Longeviry City Council.  adopledby  5    D. Callinofoffi Duty Personnel  Being obligated top providei its citizens with immediate police prolcction, thel highest inc command on duty shall beauthorindtocal: inoffduty personneli ine emergency siluations. a) lishalll be1 ther responsibiliy ofa alll FOPI members lomaket themselves as availablea as b) Eachs shift member calledi inf for and emergency shallb bey paida all the overtime rate of c) Eache employec callodi inf for court lime prior tol hisr regular shift: shalll bep paida alt the d) The City agrecs that any member oft thej police department whor receives al ticket for parking) while attending t0a a court appcarance on behalf of the City shall not  possible.  pay, witha aminimump pay of four (4)h hours. overtime ralc ofp pay. witht ther minimum off four hours.  ber required toj pay the ticker.  E. Shilt Differential  Shift differential shallbewas eliminatedo effective. Augus! 31, 2004. Inlicuul shittg dillernia! bReginning Septemher- 2 2001 Muly L 2025, all employees coveredb by this contract shall! have theirb base pay adjustedi tor reflecta ani increase of SMEprhLThss Thek bnguages of Subsgction! FS Sho Tunu Annd Qvertimes of the Collociive Bargaining Agrunent (CBA) dated Ociolr 13. 2020, povi idesa follows: AnOfficer: shouldb be: allowed all least len (10) hours rest periodt belween theirr release from one day'ss shift, including overtimel hours. andi theira actual return to work fort ther next Ifi the resi period is less than ten (10) hours, the officer shall receive compensalion oft time and one half of their siraight time pay per hour up until the end of the following shift. Nothing herein shall bei interpreled as preventing the Police Depariment from changing the officer's start time for the next shift ors shortening the prior shifi inc order to provide thema a For purposes of this seclion of this article, a shift shall be defined as an 8-hour period of work, whether regularly scheduled or as overtime approved in advance by a supervisor,  F. Shor!" Tum Around Overtime  regularly scheduled shift.  resi periodb belweens shifts of 100 ori more hours. whether by call- out. mandate. ors sign- up: sheet.  6    Cummencing un January 1.2 2025. subjxu l ug revipionary.provs IMions. SeL forth! belon the tsacmsAESuimt FShor TumArounds Overimsaslllos; An Officer shoul be: allowed at lasi len (I0,! huursr resLptid bcueen their relcainm ne day'ss shif. incl luding overtime lours and their, retum lo Mork. fur the. DCAE scheduled I Ihe rest periudi i. lex than len (10) hours, the officer shall revcive compensation of time and one Idf oft theirs straicht time pay peri hour up1 until thes end of the followi ing shill.. lfihe shorL tur: arounds sscurs due toas shify worked. whether il! be by. mandate, call ouI or siyn-up thati is cassifiçd; as pvertime thent thei nexL shifl ber paid: a ther rates pfl lime and onel hall as Jong as the nea ship is in continualion with th. prior classilid overtime shill. Nuthing herin shall he inerpreted as prventing Ihe. Police Depalment from changing the officer'ss slat lime for theJ JesLshifi or shurtening the prior shill in srder to provide thena ar resL perigu For purposes uf this section oft this anik.as shill shall be delingd as an S-hr period of wok, wi hcther regularly scheduled or as oertime approved in adrance by. asupis, Thex modifications los Section FShor Tun Amund Ogtime scLs out ahnve sul! be secmei uull and void: ando af no forsanly elle. fort thes maindenl Ihe er o lis Apecment ifin any calendar sur of this Areement dimined a of Denber. 31. of sail Jear thaLsuid modilicatins have resulted in aL. increase wihe Ciy for all Short Turn Aroud Oveitinn cUsIs of $25.000.00 or mores over the City's Shor Tuni Amund. Oiprtimg. coNs in Salndar sear 2024 dlermined. as.!. Decembr 31, 2024, and iLi in any calenlr sear ni (his Agrement said mditicalions resul in an incr rease in: all Shor Jur Aroud Ove ertime of $25.000.00 or mreoyer the Ciy'ss Shon7 Turn Around. Oyertimes cosIS in calendar.year 20241, the langnaye of Scetion FS Short Turo Around Overtime shall reveri lo the language ol the Collctivg Bargaining. Agreement, (CBAL dlated October 13. 2020 fur the remaindet. of te pemoft this AFrnIEmpklws thal the $25.000.001 threshoki willl be adjusledby thes same pereentage basis lureflectan annual base pay increase.g onr ora aflec, Juls1.2025,  shifl,  beveens shifis of 1000 mre hours. whether by ARLOmawANC  G. Distribution of Overtime  Allo cmployces ofe equal classification shall have and equal division of overtime opportunity if practical. A departmental overtime opporlunity sheet shall bey posteda and maintained: showing  overlime worked: and rejecled and! by whom.  H. Paidlunch  7    The City will provide a paid meal al: a cost not l0C exceed $12.00515.00 for any employee workingi inc excess oft len (10)d consecutivel hours, hmaaillwilaximitgonl Jly1.2 2027,and frhen amainderof Ihel liles ofl thisa agreme. theCiy willpanidean ilaultaewI gNCS20.001 fprany. smplx.sukingl ingsassoft wiOsumguhvehn Anytime and officer fills ina a Sergeant's position hec ors she: shall reccive Sergeant's pay for that time. Anytime a Sergeant fills in for a Liculcnant, he or she shall receive Police officers shall be reimbursed for any item of personal properly, including shoes. watches, eyeglasses, contact lenses, dentures or clothing. whicha are lost, stolen ord damaged int the fresh pursuit or apprehension ofs suspoct ori in the performance of official duties. The reimbursement: shall be: ata a reasonable replacement cost, not 10 excecd $250.00 peri item. Personal pagers, cell phones. pads, tablets, smarl phones. personal computers and other personal clectroniç devicess shallr not becovered under this section, unlessi the Chief of Police hasby priors wriltena authorization direcledthat suchi items weret tobed carriedby thec officer. Anofficer requesting reimburscment under thiss soctions shalls submitl ther request.i in writing, to the Chiefc of Police withins seven (7) calendar days ofi thec date oft thei incidentt thal gaver riseto the requesl. Excepl for goxxl cause shown, failure lo timely submit a request for reimbursement willy workaf forfeitureofa allright loreimbursement undert thiss section. A request for reimburscment for damaged personal propery shall be accompanied by the damaged: article ort the damaged: article must bea available fori inspection. Id the item canl be reasonably repaired, the Cily of Faimmont may optt top provide for ther repair ofi thei item instead Ar roquest for reimbursement for lost or: stolen properly shall be accompanied by proof or Ameegapsisnseadpuvelanert thecostofr replacement. For good cause: shown, a request for reimbursement may be denied. If such a request is denied, the officer shall be adviscd oft the reason, and he/she may resort to the gricvance  Superyisory Pay  Licutenant'sp pay for that time. J. Damagadi Personal Property  ofn replaccment.  processt toprotest thedenial. K. Police Officer withal Degree  Thec City agreest top pay any member oft the Police Department as defined inF Paragraph One, Article One oft thisa agrement, whol holdsaE Bachelors Degne from an accredited college or university in accordance with the Additional Compensation provision for the FOP as sel  8    forth in the in the mosi recently enacied Occupational List of Classes (FOP Pay Plan) adopledby Cily Council upon presentalion of a copy oft theird diploma ands submission ofa an Officers that are assigned to Investigations shall receive three (3) hours of Compensation Time (equivalenl 10 4.501 hours at OT ratc) for every month assigned to Investigations. Officers would! have tob be assigned for the whole calendar month tob be cligible. The use of this Compensalion Time by Investigations shall nol cause additional overtime within the  approvedp payrolla authorization! formt tot the! Finance Director.  Detective Compensation' Time  departmen.  ARTICLEFIVE MANPOWER  A. Permanent: Shifts  All uniformed officers of the Faimmont Police Department shall work "Permanent Shifis." Unifomedofficers. shall re-pick cach December their choice ofp permanent shift for the following year. Choosing will be done according lo departmental seniority. Permanent Shifts will continucuntila an: agreement beiween the Chief and the FOP: shall alter the manner of monthly shift assignments. Pruvided the Chier shall have the discretion, from lime 10 time, to assign individuals to olher shifts to mect department  circumstances ori necds. B. Appointments  The Department will have staffing by the filling of vacant pairolman positions by appointmenis by the City Manager throughcivils servicep procedure. Each: shift shallh have manpower inc order top provide effective, public safety. The Cily willendeavor Dp pvide fors staffing pers shifl of a. lsasi. thrse (3) depariment siaff members: S. delailed int ther rank sincturein/ Anicls. FiveSection C.Thy. Ciy willl makea ar reasonable.s effort conducta callout. or mandateastall member 101 maintain and effective.! level of IppowsT: soverace  pershit.  C. Rank Structure  9    The Department will be staffed P-LR.NA, Agrecment  according to the following rank structure:  ChiefufPolit-Rcmovs we-lieuenm-Seenl Lculenams Five Sergeants Sworn Officers  For consideration of promotional testing. certification of the tesi. and the aclual promotion occurring: this willl bee effective no later than April 30. 2008.  ARTICLESIX PENSIONPLANS  The CITY shall maintain the Policemen's Pension and Relief Fund closed to new hires on December 31, 2017 presently required by State Law for paid Police Officers, or shall mainlain a said plan as i shall be modified. amended, or re- The CITY shall maintain the West Virginia Municipal Police Officers and Firefighters Retirement Syslem (MPFRS) presently required by State Law for paid Police Officers hired on or after January 1, 2018. or shall maintain a said plan as it shall be modified, amended, or re-enacted by the State Law of West  enacted by the State Law of West Virginia.  Virginia.  ARTICLESEVEN BOLIDAYS  A. STATEHOLIDAYS  Stalci mandatedl holidays shall beg guarantecdi holidays for all FOP employcescovered by this agreement. A FOP member who is scheduled to work and works a shift on a legal holiday will reccive overtime pay. The employee shall also reccive a compensatory holiday. A FOP member who voluntecrs to work a holiday to! fill: a vacant shift shall be compensated at Iwice their regular, normal rate of pay and: shall receive a compensatory holiday ina additiont to the one above, fora atolal oft IWo. AI FOPI member mandated t0 work al holiday to fill a vacant shift shall be compensated at (wice their regular, nonmal rale of pay.. A FOPE employee that works any supervisor approved overtime on al legal holiday  shall bec compensated: at Iwice their regular, nonmal rate.  10    B. PERSONALDAYS  FOP members shall bec entilled tos six (6) personal days. They may be used for whalever reason the cmployee chooses. providedi they advise the Officeri in Charge of the desire to use the personal day on the dayi immediately prior to ther requested day off. ifn not: sooner. Ifthey personal dayi is needed for and emergency.its shall be granled unless doing SO would leave the department severely underslaffed. Additionally, FOP members shall be allowed 10 use ene HAdiryy. (31 of their personal days as an urgent personal day. meaning: ift the use of a personal day would leave the depariment. severely understaffed, the supervisor shall attempl to use the call out lisi 10 fill the vacant shift. Ir another employce volunteers to work the shift then, the personal day shall be granted. If the personal days arer not used by calendar year end, the employce will noH lxe paid-lurthe remnaining-day.s-amd: shall forfent thesee days." Nu-days-may- be carrie Over ffunt year-te jearthe empluyce may carry over up 101 Ihree (3). personal days. which may includeone 1I) urgent. personal. day of any renining personal. days. upxon written. request snd approval of the Ciy Manager basedo on e rcommendation, pfi the Chief of) Police. The days subjecn logarry over shall not! be considerdi in. determining Temination Pay ukr  Anicle Four. Setion) Bolt thisa agreement.  ARTICLEEIGIT SUCCESSORS  This Agreement shall be binding upon the: successors and assigns of the parties hereto. and no provisions, terms. or obligations herein contained shall be affected. modified. altered. or changed in any respect whatsoever by the consolidation, merger, annexation, transfer or assignment of either parly hereto, or by any change gengraphically or  otherwise int thel location or place ofb business ofe eitherp party.  ARTICLENINE RATEOFPAY  Alls schedulings shall providea al FLSA (Fair Labor Standards. Act) compliant work period with a one- half hour paid1 lunch period per shift for all union employces. There shall bc ana annual wager re-opener discussion! betweent thej parties as early as November toa allow the Union input with respcct to a wage increase prior to the City Council decision  regarding wage increases.  ARTICLETEN JURYDUTY  An employee required to be available for jury selection or service shall receive his regular daily wage, less any compensation provided by the court for each day which  1I    would have been worked but for such jury participation. An employee may utilize a compensalory! holiday andr receive regular Ciy pay andj juryp pay.  ARTICLEELEVEN COURTLEAVE  Notwithstanding any other provision oft this agreement tot the contrary, subject loaf four Pay an employee whoi is required as a result of a duly served subpoena 10 appear before a court, judge, justice. magistrate or coroner on behalf of the City and in furtherance of City business during times other than whilet the employee is on duty at aratec of pay ofc one- and one-half times thee employee'sr regular rate of pay; b. With the prior written approval of the Chief of Police. pay an employee who isr required I0 meet with the Prosecuting Attorney or any of the Assislant Prosecuting Attorneys on behalf of the City and in furtherance of City business during times other than whilet the employee is on duly atar rate of pay of one and oncl half times the employee'sr regular rate of pay. A copy of the subpoena or the Chief's prior written approval must be atlached  (4)h hourr minimum, the Cily shall:  to the overtime: slip.  ARTICLE' TWELVE SAVINGS CLAUSE  If any provision of this Agreement, or the application of such provision, should be rendered or declared invalid by any court action or by reason of any existing or subsequently enacted legislation, the remaining parts orp portions oft this Agreement shall  remaini inf full force ande effeci.  ARTICLETIIRTEEN LABORMANAGEMENTCOMMITTEE  The Labor Management Committee may meet on request of either party, within thiny (30) calendar days to discuss all malters of mutual concem. The Committee shall have thea authorily 1or maker recommendationsi t0 the Uniona andt the City ton resolve dispules.  ARTICLEFOURTEEN  12    PREVAILINGE RIGHTS  Allr rights. privileges. and working conditions enjoyedb by the employecs ofl LODGE 69at the present time which are noti includedi int this Agreement and whicha are providedby the City's Personnel Rulcs and Regulations shall remain in full force, unchanged and unaffecledi in any manner, during the ierm oft this Agreement, unless changed by mutual  consentor Ordinance.  ARTICLEFIFTEEN REPORTINGAISENCESFROMIWORK  Personnel reporting off from work must report off personally lo their supervisory officer prior to the: start of the: shift. I the supervisory officer is not available, personnel must continuc up the chaino of command lot the Chiel, ifr necessary, 10 repor the absence from work. Failure to dos SO willl be considered the failure lo report an: absence from work and thei individual considered: absenty without leave (AWOL). whichr mayr result int temmination of employment. With the exceplion oft those individuals ona approved FMLAI leave, and those on workers' compensation leave. all personnel are requiredt tor report their absence PATEANITY,NATERNTY, & AMILYMEDICALLEAVE And employce may. upon admission of his wife toal hospital for the delivery of ani infant, be granted lcave with pay from work, until the infant is bom, After the binh of the child, he shall return tol his duy shift, or he may be grantcd, without twenty-four (24) hours notice, aholiday tob bet taken out ofs seniorily rotalion, fort time offo duly. Female officers who become pregnant should provide advance notice of their intent to take matemity leave. I complications require an carly leave. the officer will be accommodated with either leave or light duly work. if available, and if supported by medical authorily. Sick leave is applicable if supported by medical authority and approved in advance. All leave laken for malemilypregnancy shall be laken in accordance with the Family Medical Leave Act and other applicable law. Nothing in this provision is intended to alier any employee's righis undert the Family and Medical Leave Acl. as oulinedbeleww- bylosmidslihats shouldihe Cy'sPersonnel Rukes and Regulations change. reganliny. palernily. maternily undl. mily medical. lave thal langugey willa aatssitNT  from work for cachd day absent.  ARTICLESIXTEEN  AMILYAMDAEDCALIENVE  13    The Cily of Fairmont isac covered employer under the Federal Family Medical Leave Act (FMLA). Therefore, the City is required to follow U.S. Code. Title 29- Labor. Chapter 28- Family Medical Leave and encompasses lhis U.S. Code section into Article Seventeen of this agreement. Delails of the FMLA can be found at tps/iascwdc.housegenmfpul-fpelineimx2PAitwperr.S-elimim-pralx The City defines the "Twelve Month Period" refcrenced in the code as the calendar The City defines an "Eligible Employec" referenced in the code as one who has worked for the City of Fairmont for at least Iwelve (12) months and has worked at least 1,2501 hours during the twelve (12) months immediaicly preceding the requested Where a lerm is defined in the FMLA siatule, that definition will bei incorporated into  m  yearb beginning January 1 and ending on December. 31.  leave. this policy. Administrative! Requirements  Employees have the right to use any paid leave, for which they may be qualified and whichi isi intended for: suchi illness ori injury. inc conjunction with FML.A leave. However, the Cily requires all employcos to utilize any appropriale paids sick leave in conjunction with the receipt of any approved FMLA leave fort the employee's own illness or for that ofac child, spouse or parent. Workers' compensation related absences will also count as FMLA leave provided the employce has a: serious hcalth condition. Thep period of this paid leave will be counted against the employce's total FMLAI leave entillement asi ifit Employces must givc thirly (30) days advance notice of the intent l0 take a FMLA Icave. When itis not possible lo give thirly (30) days advance notice. notice must be given ass soon as practicable- ordinarily withino onec ort two days. Failure tog give adequate notice aso oullined above may result ina delay of up to lhirty (30) days beforet the FMLA When requesling intemmittent leave for medical treatments, cmployees must make reasonable efforts to schedule the leaves so as to not unduly disnupt operations. Employecs may be required to provide a medical certification from an appropriate health care provider 10 supporta a FMLA requcst related toas serious hcalth condition. A form willl bep providedt tol the employce. This certification must ber relumed within fifieen (15) days. Failure to do so will result in a denial of leave until such cerlilication is provided. If an employce provides medical certification thal is questionable or inadequate. the employee will be referred toa a secondi health care provider, at the City's expense. Ir the first and sccond providers' opinions differ. a third opinion will be  were: substituted for thel FMLAI leave.  Icaves willb be granted.  14    obtained, again at the City's expense. Thet third health care provider will be selected by mutuala agrement ofi theemployee: andi the City, andi thato opiniony willb bet finala andbinding. Employces on FMLA leave will be required tos submit periodic recertification's ori updated reports regarding the family member ore employee's current: status. Ifu the employee's retumto work date differs from thaty whichy wasp previouslyi identifiedy whent thel leave was granted, then employees must givet twod days advancer noticeoft theiri intent ton relumnt tov work. Failuret tog give thet two-day advance noticer may result inar two-day delay int thes empluyee's actualr return lo Inr mosti instançes, ane employee reluming from FMLA leave willl be restored tot the position previously held prior to the FMLA leave, provided that position remains available. If that position is unavailable, the employee will be reinstated to an equivalent position with equivalent pay and benefits. provideds sucha a positione exists. Ane employee takinga a FMLA leave isr not entitledtoa any greater right ton reinstatement ord other benefits thani ifcontinuously IfFMLA leave isr requesied on ar reduced ori intemnittent basis, the employee's hours may be altered or the employee may be transferred inslead to an available altemative position for which the employee is qualified and which betier accommodates the recurring periods of leave necessitating the requesi. Ane employee taking al FMLAI leave due toa a serious health condition must present certification that (s)hei isf fit for duly prior tO reinstatement. Failureto providet ther requisite certification willr resulti inc deniald ofr restoration! 106 employment. Healh insurance coverage will continue throughoul the duration ofi the FMLA leave. The conditions under whichs such coveragei is providled will bet thes same asif thee employec were aclively working." Thee employec's share ofa any healthp planp premiums, ifany, must continueto bep paid by thee employee while oni FMLAI leave, and payments are duea art thes same time asif made by payroll deduction, unless otherwise agreed upon. If an employee's share of any healthi insurance premium is delinquent for mone thant thirty (30) days. the employee's health coverage will be terminated, provided we notify you in writing witbin 15 days prior to cancellation. If coverage is not temminated and the City elecis inslead 10 pay the entire premium, the amount of the employee's delinquency will ber recovered from the employee Ifa ane employee fails tor retumt to work after FMLA leave has expired, the City may recover thec cost of any premiums itp paid during the employee's FMLA leave unlesst the employee's failuret tor relum to work ist ther resulto of( (a) the continuation, reçurrence or onset ofas serious healtho condition that woulde entitlet the employee to FMLA leave, or (b) other circumstances beyond the control of the employee. An employee who does not retum to work at the expiration oft thel FMLAI leavei is considered tot havei failed tor retum to work forp purposes of this paragraph ands shallb bed consideroda asquiting withoutnotice.  work, whichd delay shalll bev withoutpay.  employedduring thel leave period.  Health Care! Benefit Continuation  afteri thee employeer retumst tov work.  15    The City will noli interfere witha an employec's righis under the FMLA. Noj persons shalll be discriminated: againstf forcxercising theirr righis underthe! FMLA.  ARTICLESEVENTEEN MISCPILANEOUSPOLICIES  . Group Insurance  The City agrecs to provide healh insurance coverage for the employees covered by this agreementa ass set forth! below. Employcesr may choose: any coverage (single. family, etc.) for which they are eligible according to thes summary plan description provided by the health Fora alle employecs hiredp prior tOJ July 1,20040 the Citys shallp pay one hundred (100), perentof the PEIAI Plan BI Indemnity Planp premium for the coverage chosen by the employee. The City: and] FOPI Lodge 69 agree toa ani insurance reopener that will govem cost andb benefits on July 1, 2007. Unless an altemate agreement isr reached, the City shall pay eighty- five (85) percent oft thel PEIAI Planl BI Indemnity Planp premium! beginning. July 1,2007. Fora all employees hired on or after. July 1.2004t the Citys shallp pay eighty (80); pereni oft the PEIAI Plan! BI Indemnity Planp premiumf fort thec coveragechosenby: thee employee.  insuranceprovider.  Thef following conditions alsoapply:  If the Cily pays a greater portion of the heahh care premium for other sinilarly situated Cily employees thant thep percentages sel forth above. the City shall pay the same amount fort those employees coveredbyt thisa agreement. Ifuhe city arranges for a more costly healthi insurance plan or plans that provide better benefitst that! the PEIAI Plan BI Indemnity Plan, then thec employee mayo choose to be covered under the better plan provided the employee pays the difference between thel PEIA Plan BI Indemnity Plancoverage: ass setf forth above and ther more costly plan. Anys suchp payment canb ber madet throughp payrolldeduction. Ift the ciy can arrange foral less costly healthi insurance plan than thel PEIAI Plan! B Indemnity Plan that has the same or comparable benefits and employee expenses (deductibles, outo ofp pocket maximums, etc.) asl the PEIA Plan BI Indemnity Plan, the Ciy may substitute the less costly plan for the PEIA Plan B Indemnity Plan, providedi the City notifiest the! FOPI Lodge #69 at) least sixty (60) calendar days prior tot the anticipated change and allows the FOP Lodge #69t the opportunity tot meet  anddiscusst thec change duringu that period.  16    d. PEIA Plan B Indemnity Plan as in effect on July 1, 2004 is incorporated by reference and made part of this agreement informs the basis for the insurance benefits levels, coverages. employee obligations. and out ofp pocket expenses for the entire lermo of this agreement unless alterod bye express agreement, inv writing. by the The City agreest tor maket thel PEIAI Planl BI Indemnity Planu thel basis fort thei insurance benefit levels, coverages, employee obligations. and out ofp pocket expenses for the entire tem oft thisa agreement unless altered! by express agreement, inv wriling. by the FOPLodget #69 andt the City, as! long: ast these area availableby PEIA.  FOPLodget #69.  2. Bulletinl Boards  Ab bulletin boards shail bep provided for useb by the FOP for they posting ofE FOPI literature. All posled material must bec dated, contain ther name oft the person whoy postedt thei item. and be maintained in a neat and orderly manner. Posted items shall not contain malerial that is eitheri inflammatory or defamatory, directed at the City orf fellow department employees. or interfere with or interrupt the perfommance of the department. Postings shall not make political stalements orb bey politicali inr nature. Any materials displayed that arer noti ink kecping with the: spirit of this scction shall be removed. and the police officer/FOP representalive  shallbea adviseda accordingly. 3, Officer Healtha and Safcy A. Vests  The Chy desires thal every police officer have al bullet proof vest that reflects the latest life saving technology. Due to changing lechnology and the COsIS ofs such equipment, the Cily will replace officers' vests ina accordance with manufacturers' rocommendations. AL the time of replacement. the City shall also pruvide each officer with al least one (1) new vest carrier al a cost not 10 excced $250. The choice ofi internal, cxtemal. or load bearing carrier will be up to the individual officer at the time ofr replacement. All oflicers assignedav vest shall be requiredi 10 hist thc Ciy's goal lo ensure that policc vehicles be in good working order and properly equipped. The City will endeavor tot maintain such vehiclesi inas safca and pruper working order. ltisr recognizod that, from time lo1 time, mechanical failure does occur and cannot always be lixed immediaicly. When police vehicles are deemed non- -roadworthy or unsafe by and officer. he/shes shall repont the condition tohishers supervisori immediaicly. Ifi the vehiclei is determinedi tober unsafe by the  wear thev vesty whileono duty. B. Depariment Vehicles  17    supervisor and the nexti inc conmmand, is shall bep pulled from: servicer until repuired or placod! backi intos serviceb by orlerof the Chicfofl Police. For the sake of the officer's personal saleiy and that of the general public. no oflicers shalll ber permitted tov work longer than IWO continuous shifts or sixieen (16) hours. Any officer whol has beeni ins servicef fors sixtcen (16) hours will ber required to have al least cight (8) hours rust beforer reluming loc duiy. An exception 101 this lime in service provision is a duly declared emergency by the Chiel of Police AF Physical Filness Allowanceof Iwenty dollars ($20.00) permonthy willb ber paidon the first pay period of cach month, after -OFfcerLI pxalie patixanlkemplow coveredu under this ayremen! successfully compleies andy passes al Physical Fitness Tesl 4n an annual basis ini the previous fiscal yuar and provides documentationmn prl hefon JulyJ.of the thencurrnu fiscal sear.' The Physical Fitness Tesi will be based ond cunent' West Virginia Siate Police Academy Standards. I rhuring. scar. 21 thonueh 5 of shis. Agreement. 50. percenu or moe of the police spauinxutx.smphyase covered underi this Agreement successlully complsle and pssaphysical litness lesuj jnt the previousf fiscaly year: upmmikdsumssino. arl belore July lof the then curnt fiscaly year, Ihe Physical JFiness Allowancel loc the thens sumenti lical year and only Ihaly seary willi incrasch fony dollas (S-10.00) PUMIAAINNiOI first py pridofg sach month.  Timei ins Service  andlori the Chy Manager. D. Physical Finess  Citizen Complaints  For thc purxiscs of this section, the tem "private cilizen" is delined as any individual external to thel Depariment. andl the lerm' "formal complain" isc defined: asa ans allegationof misconduct by a private citizen withr regards to a member of the Department while the memberi isc engagedi inc officiald dutics. Any priv: alec citizen filing al formal complaint shall be required lop put thal complaint in writing. spccifying thes allegedi misconduct. Citizens may. of course. file olher complainis about police behavior and cannot le compelled 1op pula complaint in writing. Neventheloss, all complainis of any natur will bei investigaled and. prior lo any disciplinc bcing enacted, the employce whose conduct has been Questioned shall be entiledi lor review thes complaint and complete investigative file. Thei investigation ofs such i complain! shall be ackiressed as ser fonh in WV-8-14A. llis agred thal any employceoft thel Depariment whoi is found tol have altemplcdi toc coerce orl thrcalen aprivate citizent low withdrawe ora aliera any complaints shall bes subject toi immediale discharge.  18    ARTICLEEIGHTEEN ACCRUEDSICKI LEAVE  All emplayces hired prior to. July 1.2 2004 shall accrue sick leave al the rate of cighi (8) All employees hirda afler. July 1,2004: shalla acenue: sick leave at the rate of for (4) hours All employees upon attainment of six (6) ycars of completed full-time service shall accrue sick leave at the rate of six (6) hours pay credit for each month of completed full-time service; upon attainment oft ten (10) years of completed full- time service shall accrue sick leave at the rale of eight (8) hours pay credit for  hours pay credit fore sshnmhdfompadanie. pay creditf fore cachr monhofcompleleds service.  each month of completed full-lime service.  ARTICLEI NINETEEN DENTAL. ANDEYECARE  TheC Ciy: agrues ton makc available groupt rates ford dental ande eyecare with the premium lobe  paid forby theemploycc.  ARTICLETWENTY VAÇATION The vacation benefit shall be asf follows: Yearse employed 1-4 5-9 10-14 15-19 20+  Entitlement 2weeks 3weeks 4weeks Sweeks 6weeks  ARTICLETWENTY-ONE UNIFORMS  Unless otherwise direcied, members of the department, while on duty. will wear the uniforms and equipment issued by the department and prescribed by the Chief of Police. Uniforms willl be wom ini their entirety andi in! theiri intended fashion. and willl bek kepto clean,  well-brushed: andp pressed.  19    Employees in uniform: shall be entilled to an allowance of $5505800 per fiscal ycar. Non- unifomed oflicers receive upi 10$80051.000 per fiscaly year. P'iledthall Iginningon. Juls 1.2027, and for ther yoainder of thei life of this agneement, umplyues ini miloms shalli ix entiled s: an: allowunge of $1.000 xr liscal yeari ai non uiformsinlliers rccive up 1 SL.200.00 xrfiscal, Clbingysn Clathiny under this allowance will be provided on a "military exchange' basis. Ther tem' uniform" includes departmenlally requirods shirts. panis, jackets, shoes, bools. hats. gun belis. handcuffs, handcufr bel carricrs, clip! holders, mace. mace holders, batons, holsiers, sideams, ammo, Aashlights, batteries. bulbs, and! holders for flashlighis." The Chy shall providea a list oft these ilems, reflecting the prices ofe each, when clothing allowances sheeis arec disiributcd. Alls shocs ort boots shall bca as slandard! lcathert upper ando compositions soled oxfordoft the military slyle." The City shalla arrange. at theire expense, for repairs ofs shoes orb boots, whichs shall not beap part oft thei unifom allowance. Ina addition, the Cily will provide a Iwenly-dollar ($20.00). ($25.00) unifomm cleaning allowance to cach uniformed and non- uniformed officer every (wo weeks al cach pay period. Pusicy ihal kvimingoluh L.2027, andf for ther reninskr oll the. life ol shis Agrement the Citwill prvidea hirty-ckollar (S30.00) unifoms ckanins allowance los cach unifomel and INOn: CPHhemutimw dhulingeamgaearvem: out through fair wear andeari ini the lineol duy: Pamagedor WOFR-eHI-E enifom clothing: shaill xe-iumed inat thet dcthase Replacement cfouter uniferns clothing-is  umiorxdalrevey IWO MweRhvN,  limitedt tu the-fellewing: A asmsala-miw B--Uniform blel-leather-hel: C-Polic-acke --Raineeal:  & Poliee-Windherler Strikenuth bighlighellangws.  Formatted: Indent: Left: 0.49", Nol bullets or  numbering  All uniforms purchased by thee employer aret tub be: and remain thep properiy of the City ofE Fairmont unless otherwise describedi in Chapter 8oft the West Virginia Code.  AKTICLETVENTY-TVO NONACTIVIYIEAVE  A. UNION ACTIVITYI LEAVE  An employcc clccied lo a FOP position. or selccted by the FOP lo do wurk that takes the employee from cmployment with the City. may on wrillen request from the FOP. submitled 10 the Chief of Police al least five working days prior t0 the first day of absence. receive: a paid leave of absençe for the period of service with FOP subject to the approval of the Chief of Police. The FOP's request shall specify the expected duration of the employec's FOP dulies. IF the employee requires an extension of leave, application for such exlension shall be madc by the  20    FOP at leas! two working days prior to the expiration of the preceding leave granted the employee by the City. Shouldt the Chief deny any requestod leave, ther reason shall bep promptly providedt tot the employee, inv writing. as soon asp possibles so ast top prevent any avoidable çosis from! beingi incuredb by thee employeeorther FOP.  ARTICETVENTY-TIREE GRIEVANCE  A. GREVANCEPROCEDURE  Ag grievance is defineda as an alleged violation of the applicable provision of any recognized Ifany grievance arises during the term oft this Agreement, such grievance may bes submitted Step One. Ifa and employee feels he/shel has ag grievance, he/shes shall, within five (5) working shifls of the alleged violation occurred ork knowledge thereof, present a written grievance to hisher immediate supervisor. Unless the supervisor determines otherwise. a meeting will occur immediately before the end oft the employee's work shift. The employee's Union reprsentative may bei ina attendance ifi thee employee sor requests. Thes supervisor shalls submit hisher answer within three (3) working shifts afieri its presentation. Ifthe grievance is not satisfactorily resolved, the employcc may escalate hisher grievance per Step Onet tol his next higher ranked supervisor. Ift the grievance is not satisfactorily resolved after escalating the grevancethughslept One, thent thee employeemay submitay writeng gricvancepers Stepl Two. Step Two. If the grievance is not resolved in Step One, the employee may reduce hisher grievance to writing, withinf five (5) workings shifts, onag grievance fomnp providedbyt the Union and present the grievance to the Police Chief, or his designated representative, for a written answer. Atar minimum, the form shall name thee employeels) involved, shall state the facts giving rise to the grievance, shall idenlify the provision(s) allegedly violaled by appropriate reference. shall stale the contention oft the employee and of the Union with respect to these provisions, shalli indicate ther relief requested, ands shalll bes signedbyt the employee. Thel Police Chief, orh his designated representative, shallg givet the employee ana answeri in writing nol later Step Threc. If the grievance is not resolved in Step Two. the Employee and/or Union representative may, withinf five (5) working shifts aftert ther receipt oft the: answeri in Siep Two, appeal the grievance tot the City Manager. The appeals shall bei in writing andi is shall include thev writteng grievance andt thel PaliceChiefsanswer: ands shalls specify thet basis ofi thez appeal. A copy of the appeals shall be sent tot the Police Chief. The Union may. at thes same time the wrilten appeali isfi filed, submit as writtenr requesti to the City Manager forar meetingb berween the Union and the City Manager, orh his/her designated representative, to attempl to resolve the grievance. Themectingy willbea atamutually agreeablet time and willt takep placey withint ten (10) working days after receipt of the written appeal and the request for a mecting. The Ciy  colkectivebargaining: agreement thatt theemployeeisp party l0. throughthef following Gricvancel Procedure:  thanten (10) wocking days afterr receipto ofi thev writeng grievance.  21    Manager. or hisher designated representative, shall give the Employee and/or the Union representative: ana answer ins writing, whicha answer shallbef final,r nol later thant len (10) working daysa after receipto of the writlena appealorr meeting, whicheveri isi later. Additional time mayb be Anyg grievancer notf filodv withint thep prescribedi timel limit orr nota advancedtoi thes next Stepby the enployee or the Union wihint thet time limiti int that Step, shall be decmed abandoned. Ifa supervisor or the Police Chief. or hisher designated representative, docs not answer a gnevance within the time limits prescribed ini this Article, the grievance will be considered automatically refemedt tou thenext Sepadfa-GivanePoare. "Work days" for the purposes of this Article. shall be Monday, Tuesday. Wednesday. Thursday andl Friday, excluding observedh holidays. "Working shifts" fori thep purposes oft this Article, shall be: any day that the respective employee's assigned shifii iss scheduled to work, Ar matteri involvings severald officers andu thes same questionn may besubmittedbyd the Unionasa policy grievance ande entereddincily: att thes Sccond Stepo oft the Grievance Procedure. Scparate grievances, timelyf filedu under the Grievarce! Procedure, arisingo outo oft thesameorsimiarsetof façtso ori incidents shall bec consolidated: andh handleda as oncgricvance.  allowedbyr muluals writtena agreemento oftheCitya andthel Union,  excluding' WVS22-1holidays.  ARTICLETWENTY-FOUR SEPARATIONSANDI DISCIPLINARYACTIONS  A. DISCIPLINARYACTION  The Ciy of Fairmont has eslablished certain rules, regulations and: standards of conduct and behavior whichi it expects of the members of the Police Department. Those rules, regulations and standards of conduct and behavior which are a legitimate exercise of governmenta! authority and are reasonably calculated to provide for an orderly and struclured work environment. andt to maintain discipline with the Ciy of Fairmont Police Department so as toc cnable the Depariment top provide adequate police protection for the citizens of Fairmont. L is the responsibilily of all employees t0 observe such rules, regulations and standards of conduct necessary for the proper operation of govemment functions. Investigations into a police officer's.conduct, pre- disciplinary procedurs and disciplinary actions, excluding the issuance ofa a verbal waming, are controlled by the provision of West Virginia Code 8-14A-1 et seq.. and the provisions of Wesl Virginia B. EMPLOYEE ANDSUPERVISORI RESPONSIBILITIES And employee shall correct any faulis inp performance when called l0 his orb her attention ands shall abide! by the Ciy'srulesa andi regulations.  Code8-14-20.  22    Every supervisor will encourage quality performance by recognizing salisfactory and ouistanding employee performance. Every supervisor also shall discuss improper or inadequate performance withe employees inc order toC correct the deficiencies and toa avoid Whenever grounds for disciplinary action exists, and the supervisor determines that more: severe action is not required or not yet warranted. the supervisor should verbally communicate to the employee the observed deficiency or violation. Within thirly (30) calendar days oft the waming, the employee may file a written rebuttal to the waring which shalll be attached to the memorandum documenting the waming and placed int the The Chiefr may reprimand an employee in wriling. Such reprimand shall bea addressed to the employce anda a signed copy shall bec deliveredt tot the City Manager for inclusion in the employee's personnel file. Within thirly (30) calendar days of the waming, the employee may file a writlen rebuttal to the waring which shall be altached to the The Chief, with the concurrence oft the City Manager, may suspend with or withoutp paya regular employee as a disciplinary measure. The employce shall be fumished with a writlen statement setting forth reasons for the suspension. The City will follow those applicable provisions set forth in West Virginia Code section 8-1 14A-3. as amended. If the employee is cleared of all charges, he or she shall be reinstated to their previous The Chiefr may, with the approval of the Cily Manager, demote or reduce in salary any regular employee for the good oft thes service orf for disciplinary reasons.  ther need 10exercise disciplinary action. VERBAL WARNING  Cily's employeep personnel file. D. WRITTENREPRIMAND  waming andp placedi int the City'semployee personnel file.  E. SUSPENSION  position with full back pay. F. DEMOTION G. DISMISSAL employce,  Forv violation of any oft the following charges, employees may bes subject toi immediate dismissal. The Chief must have the concurrence of the Cily Manager to dismiss an  H. REASONS FORI DISMISSAL  23    Iis agreed between the FOP and the Cily that the following constitule substantial violations whichs specifiçally relate to and affecti the administration of the office 10 which ap policeman is appointed, regardless of rank, and that said violations further direcily affect ther righis andi interests oft the public. Accordingly, the following shall bej jusi cause  (but nott thec onlyj justo cause) for dismissal. Refusal tocomply withal lawfuli instruction. b, Insubordination. Convictiono ofaf felony while ane employce of the City.  d. Deliberate or careless conducte endangering thes safety oft thec employee, ord others. Indulgingi inc offensive conduct towardt the publico or othere employees. Inducing or attempting to induce any employee in the service to commit an unlawful act in violation of City regulations. official policy, or departmental Using, threatening. or attempting to use personal or political influence in an Incompetency and inefficiency int the performance ofj job duties resultingi in (wo (2)0 conseculive unsalisfactory: ratings on performance evalualions. Grosso carelessness or grossr negligence with City monies orp properly. Theft ori intentionald destruction of City property, Intentional falsification of personnel records, time reports, or other Cityr records. Taking forp personal use from any person any fee, gift, or other valuable thing in the course of his/her work or in connection with it, when such gift or other valuable thingi is given in the hope or expectation of receiving a favor orb better m. Engaging in outside business activities on City time, or using City property for  orders.  effort los secures special consideration.  treatment than that accorded otherp persons. such activity iny violationoft these rules. Failure lo1 maintains satisfactory attendancer record. Conviction fors sale orp possessiono ofac conirolledsubsiance.  24    Being absent without leave orf failing top properly report your absence fromy work.  Letters a and! hr must be on Cily time. I. REMOVAL OF DISCIPLINE J. REVIEW OFFILES lleadc or City? Manager designee. K. PROCEDUREFORI INVESTIGATION  Leiters, notes and written reprimands of a disciplinary nalure that are placed in an employee'sfile willl ber removed: after twoy yearsa and the original handedi 10t thee employce. Anemployce willl have ther right tor review! his orl her personnel file during normal workingh hoursa atal time convenient fora allp parties. andi int thep presence oft thel Department When any employee is under investigalion which could lead to punitive action above, thee employee: shall havei the right toi invoket thei investigative protections afforded! himor her immediately under West Virginia Code $8 8-14A-1, et. seq. "Under investigation" shall mean, in addition to the stalutory definition, whenever any accusation is made againsi the cmployee, ora chargei is about tob bel brought againsi the employce. The City agrees that the officers shall ber notifiedi inv writingo oft the resolution ofu thei investigation.  ARTICLE' TWENTY-FIVE EACEPTIONSDISCLAIMER  Nothing hereins shall be consirued t0 supersede Civil Service Rules as contained int the rules and regulations of the Civil Service Commission of the City of Fairmont and Laws  ofu the Stated of West' Virginia  AKTICLETVENTY-SIA SICKLEAVE  A. SICKLEAVE  Ane employee may use any accumulated: sick leave inc case of actuals sickness or disability or for medical, dental or eye examination for which arrangements cannot be made outside of working hours; when the employcc is required to care for a: sick ori injured spouse, child or immediate family member who is under the employees care, [do: after  25    exposuret to contagious discase when continuing tO work mightj jeopardize thel health of Ane employce whoi is sick or disabled and has exhausted all accrued leave, including all sick leave, personal days, vacation leave and FMLA leave (ife eligible). and all sick and accident benefits under Rule 21.21 of the city of Fairmont Personnel Rules and Regulations may be granted, upon approval oft the City Manager, an additional leaved of absence withoutp pay. This leave ofa absence may be granted for a maximum duration of upi IOS six (6) months witha a review and or çancellation of leave at any time. During this period, the City's portion of the employee's health and life insurance premiums will also bep paid by thee employee, provided thei insurance policies oft the City allow for: such coverage. Thee employee will not accrues seniority ora any leave under thisp paragraph. Any accumulated sick leave used by the employee shal! be charged based on actual time used with a minimum increment of 1 hour: abovet that amount actual time used I0 ther ncarest hour willl bec deducted from the employee's accrueds sick leavel balance.  others.  B. LEAVESOFABSENCE  With the exception of qualified FMLA leave. sick leave for a period greater than three (3) consecutive days or totaling more than ten (10) days in one calendar year shall be granted only on the certificate of a reputable plysician submitted on the fourth and eleventh day of absence, respectively, and on each subsequent absençe beyond the eleventh absence. Loss of time due to in-patient hospital conlinement and resuling home confinement shall not be included in the calçulations to determine when a physician's certificate isr required." The requirement lo providea a cerificate ofar reputable physician. as referred toi in this section, is only required if requested by the Chief of Police. Employees are required 10 submit to a second physical exam by ap physician chosen by the City, at the City's expense, if requesled by the Ciy. FMLA leave shall beg grantedi in accordance with thel FMLA provisions oft this Agreement.  AFTICLETWENTYSEVEN TUITIONAID  The City realizes thati itisi loi itst benefit for employees lod continue their educationi int their job-related field. Therefore, the City will pay. according to the following. expenses The City willp payo one-half oft the costs fore employmen! related courses at Fairmont State College or West Virginia University or other appropriate institutions approved in  incurred ford continuinge education.  26    advance by the Personnel Officer. The employee must complete and pass the course. Reimbursement will ber madet tot thee employecupon completionc of the course. Educational class costs ine excess of $100 will be madei if the employcc agrecst tor remain with the City a least six months after completion of the course or lor reimburse the City by having the amount deducled from the final paycheck shouldi the employcc teminate  employment; priori Ihereto.  ARTICLETWENTY-EIGHT DURATION. ANDTERMINATION  The agreement shall bccome effective at midnight on November 12.2020.January 1 2025 and shall remain in full force and effcct until midnight Novemhe,.  2023Dccember. 31. 2029, and thercafter fors successive: ycarly periods, unless notice is given in writing, by certified mail, by either the Union or the City to the other, posimarked notr more than nincy (90) calendar days andi not less thans sixty (60) calendar days priort tot the expiration date or any subsequent yearly period, ofi its desire to modify. amend or teminate this Agreement. in which case negotiations shall begin at! least fifiy A Budget Revision for Pay Changes not in the Pay Plan will be presented to Council IN WITNESS WHEREOF, the parties hereto! have caused this Agreement to be signed  (50) calendar daysp prior toi the expirationc oft this Agreement.  together wiht this Contract.  byt theirduly authorized representatives induplicale originals.  CITYOFFAIRMONT By:Ats_  TravisL. Blosser, Cily Manager  Allest:.  City Clerk  FOP,LODGE69 By:/lts)_ Tyler Hall. President  Attest:  Secrelary  27    ITEM5    ORDINANCE NO.  AN ORDINANCE OF THE COUNCIL FOR THE CITY OF FAIRMONT AUTHORIZING  THE PURCHASE OF THE FOLLOWING REAL ESTATE BEING:  Description  District/ Map/ Parcel  8015 SQ FT 10th & MINOR 0.07 AC (3026 SQ FT) 10th ST  Fairmont City Fairmont City  6/0143.0001.0000 6/0144.0000.0000 6/016900020000  25158 SQ FT (0.578 AC) 10th ST Fairmont City  FROM ROBERT J. WILLAMS, III, FOR USE AS A FACILITY TO ASSIST IN PROVIDING THE ESSENTIAL PUBLIC SERVICES CONDUCTED BY THE CITY OF FAIRMONT'S DEPARTMENT OF PUBLIC WORKS; APPROVING THE FORM OF THE PURCHASE SALE AGREEMENT AND AUTHORIZING AND EMPOWERING THE EXECUTION AND DELIVERY OF SAID AGREEMENT AND TO DO ALL THINGS REASONABLE AND NECESSARY IN CONNECTION THEREWITH;  RESERVATION OF RIGHTS.  SYNOPSIS  This ordinance authorizes and approves the acquisition of the parcels of real estate identified in the ordinance title, together with the improvements thereon and the appurtenances thereunto belonging from Robert J. Williams for use as a facility to assist in providing the essential public services conducted by the City of Fairmont's Department of Public Works.  The purchase price for the real estate is $665,000.00. The purchase price requires that the Seller deliver the property in a turnkey ready condition. All renovations described on Exhibit B attached to the real estate purchase agreement must be completed prior to closing. The issuance of a certificate of occupancy by the City's Building Inspector is a condition precedent to closing. Depending on the ultimate financing structure, additional ordinances may be  necessary.  This ordinance further authorizes the execution and delivery of any and all documents necessary to consummate the transaction contemplated and all other actions which may be reasonable and necessary in connection therewith.  The ordinance contains a reservation of rights.    ORDINANCE NO.  AN ORDINANCE OF THE COUNCIL FOR THE CITY OF FAIRMONT AUTHORIZING  THE PURCHASE OF THE FOLLOWING REAL ESTATE BEING:  Description  District/ Map/ Parcel  8015 SQ FT 10th & MINOR 0.07 AC (3026 SQ FT) 10th ST  Fairmont City Fairmont City  6/0143.0001.0000 6/0144.0000.0000 6/0169.0002.0000  25158 SQ FT (0.578 AC) 10th ST Fairmont City  FROM ROBERT J. WILLAMS, III, FOR USE AS A FACILITY TO ASSIST IN PROVIDING THE ESSENTIAL PUBLIC SERVICES CONDUCTED BY THE CITY OF FAIRMONT'S DEPARTMENT OF PUBLIC WORKS; APPROVING THE FORM OF THE PURCHASE SALE AGREEMENT AND AUTHORIZING AND EMPOWERING THE EXECUTION AND DELIVERY OF SAID AGREEMENT AND - TO DO ALL THINGS REASONABLE AND NECESSARY IN CONNECTION THEREWITH;  RESERVATION OF RIGHTS.  WHEREAS, the acquisition of the real estate hereinafter described from Robert J. Williams, III, has been deemed essential to the City of Fairmont  Department of Public Works.  WHEREAS, the consideration to be paid for said real estate, improvements, and appurtenance, as renovated in a turnkey ready condition  is$ $665,000.00, no more no less.  WHEREAS, West Virginia Code $8-11-3(6) and Section 2.12 subpart (6) of the Charter, provide that the purchase of private property must be  authorized by Council by ordinance.  NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL FOR THE CITY SECTION 1. For purposes of providing the essential public services conducted by the City of Fairmont Department of Public Works, the Council for the City of Fairmont hereby authorizes and approves the purchase of the  OF FAIRMONT THAT:  following described real estate from Robert J. Williams, to-wit:  All those certain parcels of real estate, together with the improvements thereon and the appurtenances thereunto belonging, situate in the City of Fairmont, Fairmont District, Marion County, West Virgina, and more    particularly bounded and described as follows: PARCEL ONE: (Map 6, Parcel 143.1)  BEGINNING at a point at the intersection of the Southerly side of Tenth Street and the Easterly side of Minor Avenue, a corner to the property owned by Robert J Williams III; thence with the Southerly side of Tenth Street, S 60° 15' E45.80 feet to the Northwest corner of parcel two (as described below); thence with the Westerly line of said parcel two S 29° 45' W 175.00 feet to the Southwest corner of parcel two; thence N 60° 15' W 45.80 feet to a point in the Easterly side of said Minor Avenue; thence with the same, N 29°45'E  175.00 feet to the beginning, containing 8,015 square feet.  PARCEL TWO: (Map 6, Parcel 144)  BEGINNING at a V2 inch reinforcing rod (set) standing on the Southern right-of-way limits of Tenth Street and standing as the Northeast corner toa parcel conveyed to Fairmont Supply Company by deed recorded in Deed Book 843, at Page 580, said rod standing South 60°15'00" East 45.80 feet from a point standing on the Eastern right-of-way limits of Minor Avenue and as the Northwest corner to Lot No. 20 of Block No. 63 of the Fairmont Development Company's Addition; thence with said limits of Tenth Street, South 60°15'00" East 98.62 feet to a track spike (set), said rod stands in the Western limits of the "Fairmont Belt Line Railroad" as conveyed to Fairmont Supply Company by deed recorded in Deed Book 885, at Page 570; thence with said limits of the "Fairmont Belt Line Railroad", with a curve to the left having a radius of 543.70 feet, an arc of 192.54 feet, and a chord of South 05°46'00" West 191.54 feet to an 1/2 inch reinforcing rod (set), said rod stands as the Northeast corner to the "Pole Yard" as conveyed to Fairmont Supply Company by deed recorded in Deed Book 857, at page 999; thence with said "Pole Yard" parcel and a parcel conveyed to Wheeling Plumbing and Industrial Supply Company by deed recorded in Deed Book 857, at Page 994, North 60°15'00" West 176.48 feet to a point on a concrete wall, said rod stands as a corner to said Fairmont Supply Company parcel, North 29045'00" East 175.00 feet to the beginning, containing 25,158 square feet or 0.578 acres more or less, as surveyed and as shown on a plat dated June 5, 1990, said plat was prepared for Konstantinos V. and Shirley K. Seremetis, by Allan J. Witschi, L.L.S. No. 587, for Greenleaf Surveying Company, said plat is of record in the aforesaid  Clerk's office in Deed Book 890, at Page 872.    PARCEL THREE: (Map 6, Parcel 169.2)  BEGINNING at a track spike standing on the Southern right-of-way limits of Tenth Street and standing as the Northeast corner to parcel two; thence with a project of the Southern right-of-way line of Tenth Street, S 60° 15' 00" E 20.00 feet to a V2 inch reinforcing rod; thence with two (2) new division lines, S 03° 52'50" W 194.49 feet to a V2 inch reinforcing rod; thence N600 15' 00" W 27.00 feet top a V2 inch reinforcing rod, said rod stands as the Southeast corner to parcel two; thence with said parcel two, with a curve to the left having a radius of 543.70 feet, an arc distance of 192.54 feet and a chord of N 05° 46' 00" E 191.54 feet to the beginning, containing 3,026 square feet, more or less, as shown on a plat of survey by Allan J. Witschi, L.L.S. No. 587, Greenleaf Surveying Company, dated June 5th, 1990, revised September 25th, 1995, and of record in the Office of the Clerk of the County Commission of Marion Count, West Virgina, in Deed Book 930, at Page 600. Being part of the same real estate conveyed to Robert J. Williams, III, from U.S. Machine, a West Virginia corporation, by deed dated September 15, 2021, of record in the Office of the Clerk of the County Commission of Marion  County, West Virginia, in Deed Book 1292, at Page 672.  All three parcels described above are shown on a plat prepared by Greenleaf Surveying Company dated September 25th, 1995, and of record in  the Clerk's office in Deed Book 930, at Page 600.  SECTION 2. The, City Manager for the City of Fairmont on behalf of the City be and is hereby authorized and empowered to execute and deliver for and in the name and on behalf of the City of Fairmont that certain Real Estate Purchase Agreement by and between Robert J. Williams, III, and the City of Fairmont/Fairmont Building Commission, a copy of which is attached hereto and made a part hereof, all with such change or changes from the respective form of said Agreement approved hereunder, as the City Manager executing the same may approve, such approval and the propriety and necessity of said changes to be conclusively evidenced by the execution thereof.  SECTION 3. The total consideration to be paid by the City of Fairmont for the real estate hereinbefore described as renovated in a turnkey ready  condition is $665,000.00, no more no less.  SECTION 4. The City Manager, on behalf of the City of Fairmont, be and is hereby further authorized and empowered to act in accordance with law and to do any and all things reasonable and necessary to provide for the    construction, estabishment, and/or acquisition of the aforementioned project, including full power and authority to negotiate, enter into, execute, and deliver any and all other necessary documents, including by not limited to any applications, contracts, grant agreements or any other documents, which may be necessary and desirable to consummate the transaction authorized herein and otherwise carry out the purpose and intent of this Ordinance, all with such change or changes from the respective forms of any such document as the City Manager executing the same may approve, such approval and the propriety and necessity said change(s) to be conclusively evidenced by the  execution thereof.  SECTION 5. Nothing herein shall require or obligate nor compel the City of Fairmont, the Fairmont Building Commission, or the City Manager to take any action in furtherance of the transactions contemplated hereunder, or to execute or deliver any document approved hereunder or any other document, contract or agreement which may be deemed necessary to consummate the transactions contemplated hereby, and in that regard all rights are reserved to the City of Fairmont. Nothing herein shall give rise or be construed to give rise to any actionable cause by Robert J. Williams, III, or any person, firm or corporation or entity against the City of Fairmont or the Fairmont Building Commission, whether at law or in equity, by way complaint, counterclaim,  cross-claim, or third-party complaint.  SECTION 6. Nothing herein authorizes any action or shall be construed to authorize action, including financing action, that would otherwise be  required to be authorized by Council by ordinance.  SECTION 7. This Ordinance shall become effective thirty (30) days after  adoption.  Passed this the  day of  2025.  MAYOR  ATTEST:  CITY CLERK    REAL: ESTATE PURCHASE AGREEMENT  THIS REAL ESTATEPURCHASE AGREEMENT (the "Agreement") is made as of III, a resident of Marion County ("Seller"), with an address of 200 gth Street, Fairmont, West Virginia, and CITY OF FAIRMONT, a West Virginia municipality municipal corporation OR the FAIRNONTBUILDING COMMISSION.a: statulory public body, ist themunicipal building commission for the Cily of Fairmont created pursuant t0 the provision of West Virginia Code $8- 33-1 el seq.. and Ordinance No. 689 ("Buyer"), with an address of 200 Jackson Street, Fairmont, West Virginia. The Seller and the Buyer shall not be bound by any stipulations, representations, agreements, or promises, oral or otherwise, not found in this Agreement. The Seller and Buyer may hereafter be referred to individually as a' "Party" and collectively as "Parties."  the  day of  2024 (the "Effective Date"), by and between ROBERTJ. WILLIAMS,  RECITALS  WHEREAS, Seller owns certain real estate and improvements located in Fairmont City District (03), Marion County, West Virginia, with an address of 100 10th Street, Fairmont, West Virginia, containing .83 acres, more or less, identified as Map 6 Parcel 143.1, Parcel 144, and Parcel 169.2 (the "Property"), which is more fully described in Exhibit A attached hereto and incorporated herein by this reference, and being part of the same property conveyed to the Seller by deed dated 151 day of September, 2021, and of record in Decd Book 1292 al Page 672 in the office of the Clerk of the County Commission of Marion County, West Virginia, and heing  PARCEL ONE, Tracis One & Two, and PARCEL.TWO of said decd.  WHEREAS, Buyer is a munieipality municipal corporation OR a municipal building commission created by the City of Fairmont pursuant to ther provisions of West Virginia Code $8-  33-1 letseq.and Ordinance No, 689  WHEREAS Section 4.01 of the Charter of the City of Fairmont provides for the cstablishment ofal Department of Public Works thal has been charged by ordinance with providing essential public services. including the construction. operation, and maintenance of the streels,  sidewalks, parks, and other public works of thc City of Fairmont. providing the aforementioned essential publicservices.  WEREAS, the Public Works Department has identified the need for a facility to assist in WHEREAS, thej property mects heaforementioned needof the Public Works Department. WHEREAS. Scller desires to sell and Buyer desires to purchase the Property; and  Page Lofll    WARASA-ymawerenw-waareaae NOW,THEREFORE. in consideration of the amounts to be paid and the agreements and covenants to be kept and performed hereunder, Seller hereby agrees to sell and convey l0 Buyer and Buyer hereby agrees to buy, on the terms and conditions set forth in this Agreement, the  ane-Reessay-ertnelegitimetepurpeses-efBwyer:  Property, and Seller and Buyer further hereby covenant and agree as follows:  AGREEMENT  1. PURCHASE PRICE. The purehase price to be paid by Buyer and accepled by Seller for the Property (the "Purchase Price") on the "Closing Date" shall be Six Hundred, Sixty-Five Thousand Dollars $665,000.00), no more no less. The Purchase Price shall be payable by immediately available funds as of the "Closing Date". PyableinUnited-Ssaes-Cureney-as  fellews:  yer-iwawtanerene dFhepmhePiwrw*-aweFy Palusi9A.asseny4p-ww-e (b)The balance of-thep Pwrehase-picebeingphereerifie-fundsaHhe ABAISFNONEK.NK-m-pyarinwpesaw "aewaaaAy-wwwaepmssePie  pwrT  timeefelesing  Fetaret-6-Bwyer85regereyt:  WePamiemwpimsawwidkemmae, APeEPMAepeReeehweephhbwiniseww -----y aigw#ertumohNwwyhawws-Baperdns-nt mochmuéepuahNasaiyriaaielamyamahw  thee eaFnes+-memey-aneselewlrelain-hatAmeunt  3. SUBJECTPROPERTY.Seller hereby agrees tos sell and convey to. Buyer and Buyer hereby agrees to purchase from Seller, subject to the terms and conditions set forth in this  Agreement, the Property, which also includes the following:  (a) All and singular, the rights and appurtenances pertaining thereto, including any right, title and interest of Seller in and to adjacent streets, roads, alleys, access  easements and rights-of-way.  Page 2of11    (b) Such other rights, interests, and properties as may be specified in this Agreement to be sold, transferred, assigned, or conveyed by Seller to Buyer.  4. PHYSICAL CONDITION. SelleshespenewilhanéatfonéBuyers ample epportunity ------ Seller shall deliver the Property in a turnkey ready condition. Seller and Buyer have agreed to certain renovations which must be completed prior (0 the Closing Dale, and which are a conditioned precedent to the required-prier-te sale and purchase of the Property (the Renovations") and the Closing. Seller has worked with Omni Associates-Architeeis, Inc. to provide the construction schematics and partial scope of work (the "Renovation Documents"), referençed within Exhibit B and incorporated herein by reference, needed to complete those renovations. Seller and Buyer have carefully reviewed the Renovation Documents, independently, and agree to the proposed renovations. Buyer accepts the Property and improvements thereon in a lurnkey ready condition as proposed by the aforementioned Renovation Documents. 5. PRECLOSING REQUIREMENTS. The following reports, examinations, and work are  required tol be completed prior to the date of closing.  (a) Survey. Buyer, in its sole discretion, shall obtain a survey of the Property at its  sole expense.  (b) Title Examination. Onor before Deeember1,2024  (the "Title  Examination Period"), Buyer shall examine title to the Property, at Buyer's pma-yeahalaepa-wesyinsimiw (c) ASTM ESA PHASE Iand III. Buyer shall complete all necessary ASTM ESA (d) Appraisement. Buyer has obtained an Appraisal Report from Professional Appraisal Corporation for the purpose of determining the estimated value of the Property in use to the City of Fairmont as an essential services façility for the street (e) Renovations. Prior to the Closing Date, Seller shall complete all renovations and repairs to the Property, as described int the Renovation Documents, attached hercto as Exhibit B. Construction shall be completed within six (6) months from time of  rea-esiae-rensactiens.  Phase I and II reporting at its sole expense.  department. See Exhibit C.  commencement through completion.  6. The following provisions shall apply lo the Renovations and shall survive Closing:  (a) Change Orders: Noclaim for payment forany change in the Renovations, including additional labor, services, materials or additionsol: any kind shall be made by Seller  Page. 3of11    ors shall he payable lo Seller by Buyer unless the same have been purformed or furnished pursuant to an approved written change order executed by the Buyer prior to (he performance of or furnishing of such additional labor, services, (b) Inspections: Buyer, by and through its Building Inspector and Code Officials, among others, shall have the right lo inspeci the work required by the Renovations at weekly intervals. Inspections will also occur at key poinis during the Renovations as determined! by the Buyer.Afinali inspcctionof the Renovations may he underlaken by Buyer prior to the Closing Date and an itemized punch list will be prepared for Renovation items which Buyer deems inadequate. incomplete or otherwise unacceptable. Seller agrees 10 complete all items on the punch list 10 the satisfaction of Buyer prior lo Closing. Seller agrees l0 give Buyer access E0 the Property for purposes of inspection during regular business hours. M-F8 8:30 a.m. (c) Certificate of Occupancy: The issuance of a Certificate of Occupancy by Buyer's (d) Lien Waivers: Seller shall supply licn waivers 1O Buyer prior I0 the Closing Date from all vendors, suppliers. materialmen. laborers, and subcontraciors whose materials, products, equipment. labor or supplies, elc.. have been incorporated in (e) Produci, Warranties: Seller shall provide 10 Buyer prior to the Closing date all written warranties furnished by all individual manufacturers of particular producis. equipment, matcrials, clc.. incorporated in the Renovations. which written warranties musi be specifically endorsed by said manufactures to Buyer. Manufacturer product warrantics () Seller's General Warranty and Guarance: Seller warranis and guaranices thal the Renovations will be completed in a workmanlike manner and free from defecis fora  materials.oraddition,  to 4:00 p.m.  Building Inspector shall be a condition precedent to Closing.  the Renovations,  do not relieve Seller of its obligations uder this Agreement.  period of  years from the Closing Date.  7. SELLER'S QUALITY OF TITLE. Seller shall, upon tender of the unpaid balance of the purchase price, convey the Properly to Buyer by proper deed, conveying good and marketable fee simple title to the Property with covenants of speeial general warranty, free from all liens and monetary encumbrances other than any prior out conveyances or leases of minerals, oil or gas, customary easements of record or visible on the ground, and taxes assessed but not yet payable. Unless otherwise stated herein, the Seller shall convey a fee simple estate in the Property. In the event the Buyer's attorney finds tille to the Property to  Page4 4of11    be unmarketable, the Buyer shall promptly notify the Seller of the specific defect in title and the Seller shall have thirty (30) days thereafter to correct the defect and, if corrected, this sale shall thereafter be consummated. In the event the title defect cannot be or is not corrected within said thirty (30) days, the Buyer, at the Buyer's option, may declare this Agreement 8. SELLER'S DEFAULT. If Seller refuses or fails to make conveyance, in accordance with the terms herein, or should the Seller be unable or fail to convey good and marketable fee simple title upon the terms set out in this Agreement, or should a survey reveal that all land isr not within the boundaries of the Property or the survey reveals lack of legal ingress and egress and: said condition is not cured by the time of closing, then upon written notice ofs said facts by Buyer to the Seller, Buyer may proceed with such remedies as the law affords for breach of this Agreement. If, due to factors beyond Seller's control, Seller fails within the time allowed to make any non-casualty remedies, Buyer may (a) extend the time for performance up to 15 days and the Closing Date will be extended as necessary or (b) terminate this Agreement as the sole remedy. If Seller fails to comply with this Agreement for any other reason, Seller will be in default and Buyer may (a) enforce specific performance, seek such other relief as may be provided by law, or both, or (b) terminate this 9. BUYER'SDEFAULT. If Buyer fails to comply with this Agreement for any reason other than those expressly set out in this Agreement, Buyer will be in default, and Seller may (a) enforce specific performance, seek such other relief as may be provided by law, or both, or (b) terminate this Agreement and receive the earnest money as liquidated damages, thereby 10. ACTIONS OR SUITS. Seller warrants and represents that there are no actions or suits in law ore equity, or proceedings by any governmental agency now pending or threatened against Seller in connection with the Property, and there is no outstanding order, writ, injunction or 11. RISK OF LOSS. Seller shall keep in force sufficient hazard insurance on the Property to protect all interests until this sale is closed and the deed delivered; and full risk of loss as to thel Property shall be carried and borne by Selleruntil such time. All land and improvements on the Property are to be delivered to Buyer in a turnkey condition. Provided however, if the improvements are destroyed or substantially damaged by fire or otherwise, then and in that event Buyer may, at its option, cancel this Agreement and elemeyene 12 DEED. After the fulfillment of all conditions stipulated herein to be performed by the Buyer and the Seller, the Seller shall by proper deed, conforming to the provisions of Paragraph convey the Property to Buyer. The Seller shall pay for the preparation of the deed. "rt-eisk--y-Awwse and Seller's attorney fees  void and shall effectively terminate this Agreement.  Agreement, thereby releasing both Parties from this Agreement.  releasing both Parties from this Agreement.  decree of any court or governmental agency affecting the Properly.  Page5of11    and costs. Buyer shall pay for the title examination fees, recording fees, title insurance, all financing fees, costs, and expenses. E-Pe-Auesytmteeheaw ransierstamps-and attorney fees of the Buyer. Buyer is a political subdivision of the Slate of West Virginia andi is exempl from payment of the equireddocumentary and excises taxes 13. Kosematoms.Vmanie and Covenants. Seller hereby represenis and warrants as  ont the privilege of transferring real eslate.  follows:  (a) Seller agrees to transfer, sell and convey, and Buyer hereby agrees lo purchase and acquire. on the terms and conditions hercinafter stated, the Property as nereinbelore described and all appurienant improvements. righis. privileges and casements. Seller agrees and covenanis that il will not sell, lease, convey or morigage the Property or any interest thercin during the term of this Agreement or any extension thercof, without the prior written consent of the Buyer, Seller further agrees lo execule and deliver to Buyer any customary affidavit or other document normally required by a national title insurance company as a condition for the issuance of a title insurance policy lo Buyer al closing. (b) There are no Icases, licenses or other agreements, writien or oral. granting or allowing any porson or entity any right I0 use or occupy all or any portion of the Properiy. and Seller shall not enter into any such lease or agreement during the lcrm of this Agreement without (c) Seller represenis and warrants that is has no knowledge of any release or threatened releasc of a any hazardous subslance as defined by the Comprehensive Environmental Response Compensation and Liability Act 42 USC $9601 ei seq. The West Virginia Underground Storage Tank Act WV Code SS22-17-1 ct sey.. or the Hazurdous Waste Management Act WV Code 2.2-18-3 ct seq., or any other federal, state or local law, rulc or regulations resulting from actions or envirommental conditions on the Property prior 10 the date of closing, or any asserted. pending or threaiened actions or claims by any governmental cntity or regulatory agency relating I0 any environmental. condition of any kind on or with regard lo the Property, or any other asserted. pending or threalened claims. assertions. actions or litigation relating lo any environmental conditionol. any kind on or with regard lo the 14. Ordinance Required: This Purchase Agreement and the City of Pairmont's obligation hercunder to purchasc is contingent upon the Council for the City of Fairmont adopting an authorizing ordinance pursuant to the provisions of West Virginia Code $8-11-3(6) and the Charter of the City of Fairmont, and said ordinance becoming elfective. Should the Council for the City of Fairmont fail or refuse 10 adopt an ordinance authorizing the purchase of the real estatc by the Buyer from the Seller, or should any such ordinance s0 adopied nol become effective for any reason, this Agrecment shall be null and void, terminated and cancelled and Buyer shall thereupon be released and discharged from all further obligations. liabilities and responsibilities therefor or hereunder and withoul liability for any damage or damages  the Buyer's prior wrillen consent.  Property.  whatsocver lo Seller.  Page 6of11    15. Non-Funding: Should the Council for the City: of Fairmont fail or rofuse lo budget in accordance with its budgelary andspending procedures and as requiredbys stalutet thenecessary funds to provide for the payment of the consideration identilied above, Buyermay declare this Agreement null and void. terminated and cancelled and shall thereupon be released and discharged from all furherobligations. liabilities and responsibililies thereforort hereundera and 16. TAXES and PRORATIONS. Real estate, school, and other property taxes (collectively, "Property Taxes") fer2024-amd-2025 shall be pro-rated and apportioned, as of the Closing Date on thel basis of a calendar year period for which assessed. Ift the Closing Date shalloccur before an assessment is made or a tax rate is fixed for the tax period in which the Closing Date occurs, the apportionment of such Property Taxes based thereon shall be made at the Closing Date by applying the tax rate for the preceding year to the latest assessed valuation, but, promplly after the assessment and/or tax rate for the current year are fixed, the apportionment thereof shall be recalculated and Seller or Buyer, as the case may be, shall makeana appropriate payment to the other within thirty (30) days based on such recalculation. 17. PUBLIC IMPROVEMENTS. All unpaid obligations for public improvement(s) including but nol limited to street, sidewalk, or sewer improvements completed and assessed on or before the Closing Date. shall be paid by Seller, whether or not such obligation is of record, and Seller represents they have no knowledge of any unpaid obligations for public improvements. or ongoing public improvements that might create such obligation. 18. ENTRY ONI PROPERTY. Buyer and its agents, employees, contractors, consultants, and related parties shall have the right of reasonable entry onto the Property to perform tests, 19. POSSESSION. Actual physical possession of the Property shall transfer from Seller t0 Buyer upon execution of the deed and other closing documents at the time of closing. Date"), at a time and place mutually agreeable to the Parties. Time is of the essence in the 21. ASSIGNMENT. This Agreement shall not be assigned or transferred in whole or in part without the express written consent of the Seller, such consent shall not be unreasonably 22. AMBIGUITIES. Both Buyer and Seller agrec that they have read and understand this Agreement and have participated fully in the negotiation, review. and revision of this Agreement, entered into it voluntarily, and had the opportunity to have the advice of  withour liability for any damage or damages whatsoever lo Seller,  inspections, and surveys.  20. CLOSING. This sale shall be closed on or before  2025 ("Closing  performance of all obligations under and in relation to this Agreement.  withheld,  Page7of11    respective counsel. Any rule of construction to the effcct that ambiguities are to be resolved against the drafting Party shall not apply ini interpreting this Agreement." The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any Party, 23. GOVERNING LAW and VENUE. This Agreement shall be governed by and interpreted under the laws of the State of West Virginia and the Parties consent to the jurisdiction and venue of the Circuit Court of Marion Counly, West Virginia for any litigation or special 24. JOINT DRAFTING. Buyer and Seller specifically and thru counsel have participated jointly int the negotiation and drafting of this Agreement. Ifa an ambiguity or question ofi intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Parly by virtue 25. COUNTERPARIS. This Agreement may be executed in two or more counterparts, each of which shall be an original, fully enforceable counterpart, but all of which together shall 26. AMENDMENT. This Agreement constitutes the entire agreement and contract between the Parties and there are no other understandings, oral or written, relating to its subject matter. This Agreement shall not be changed, modified, or amended in whole or in part except in IN WITNESS WHEREOF, and intending to be legally bound hereby, the Parlies have  proceeding arising hereunder.  oft the authorship of any of the provisions of this Agreement.  constitute one instrument.  writing signed by each of the Parties. executed this Agreement as set forth below.  SELLER:  ROBERT J. WILLIAMS, III  BUYER: Depends on Financing  Page 8of11    EXHIBITA  PROPERTY DESCRIPTION  DISTRICT 3, MAP 6, PARCELS 143.1, 144, & 169.2  The following description is as written in thel Deed Book 1292 at Page 672, recorded in the office oft the Clerk oft the County Commission of Marion County, West Virginia and incorporated  in relevant part as evidenced below: PARCEL ONE: (Map 6, Parcel 143.1)  Beginningat: a point at thei intersection oft the Southerly side of' Tenth Street and thel Easterly side of Minor Avenue, a corner to the property owned by Robert J Williams III; thence with the Southerly side of Tenth Street, S 60°15' E45.80 feet to the Northwest corner of parcel two (as described below); thence with the Westerly line of said parçel two S29°45' W 175.00 feet to the Southwest corner of parcel two; thence N 60° 15' W 45.80 feet toa point in the Easterly side of said Minor Avenue; thence with the same, N 29045'E175.00 Being the same real estate as conveyed to Robert. J Williams III from US Machine, a West Virginia corporation, by deed dated 15th of September, 2021, of record in the aforesaid Clerk's  feet to the beginning, containing 8,015. square feet.  office inl Deed Book 1292, at Page 672. PARCELTWO: (Map 6, Parcel 144)  BEGINNING at a % inch reinforcing rod (set) standing on the Southern right-of- way limits of Tenth Street and standing as the Northeast corner toaj parcel conveyed to Fairmont Supply Company by deed recorded in Deed Book 843, at Page 580, said rod standing South 60°15'00" East 45.80 feet from a point standing on the Eastern right-of-way limits of Minor Avenue and as the Northwest corner to Lot No. 20 of Block No. 63 of the Fairmont Development Company's 's Addition; thence with said limits of Tenth Street, South 60°15'00" East 98.62 feet to a track spike (set), said rod stands in the Western limits of the "Fairmont Belt Line Railroad" as conveyed to Fairmont Supply Company by deed recorded in Deed Book 885, at Page 570; thence with said limits of the "Fairmont Belt Line Railroad", withac curve to the left having a radius of 543.70 fcet, an arc of 192.54 feet, and a chord of South 05°46'00" West 191.54 feet to an 1/2 inch reinforcing rod (set), said rod stands as the Northeast corner to the "Pole Yard" as conveyed to Fairmont Supply Company by deed recorded in Deed Book 857, at page 999; thence with said "Polc Yard" parcel and a parcel conveyed to Wheeling Plumbing and Industrial Supply Company by deed recorded inl Deed Book 857, atl Page 994, North 60°15'00" West 176.48 feet to a point on a concrete wall, said rod stands as a corner to: said Fairmont Supply Company parcel, North 29045'00" East 175.00 feet to the beginning,  Page 9of11    containing 25,158 square feet or 0.578 acres more or less, as surveyed and as shown on a plat datedJune 5, 1990,said plat was prepared for Konstantinos V.and Shirley K. Seremetis, by Allan J. Witschi, L.L.S. No. 587, for Greenleaf Surveying Company, said plat is of record in the aforesaid Clerk's office in Deed Book 890, Being the same real estate as conveyed to U.S. Machine, Inc., a West Virginia corporation, from Konstantios V. Seremits and Shirley K. Seremetis, by Deed of Correction dated the 10th day of January, 2017, of record in the aforesaid Clerk's Office in Deed Book 1203, at Page 211.  at Page 872.  PARCEL THREE: (Map 6, Parcel 169.2)  Beginning at at track spike standing on the Southern right-of-way limits of Tenth Street and standing as the Northeast corner to parcel two; thence with a project of the Southern right-of-way line of Tenth Street, S 60° 15' 00" E. 20.00 feet to a V inch reinforcing rod; thence with two (2) new division lines, S 03°52'50" W 194.49 feet to a Vi inch reinforcing rod; thence N 60°15'00" W: 27.00 feet top a V inch reinforcing rod, said rod stands as the Southeast corner to parcel two; thence with said parcel two, with a curve to the left having a radius of 543.70 feet, an arc distance of192.54 feet and ac chord of N050°46' 00" E 191.54 feet to thel beginning, containing 3,026 square feet, more or less, as shown on a plat of survey by Allan J. Witschi, L.L.S. No. 587, Greenleaf Surveying Company, dated June 5th, 1990, revised September 25th, 1995, and of record in the Office of the Clerk of the County Commission of Marion Count, West Virgina, in Deed Book 930,  at Page 600.  Being the same real estate as conveyed to. RobertJ Williams III from US Machine, a West Virginia corporation, by deed dated 151h of September, 2021, of record in the aforesaid Clerk's  office in Deed Book 1292, at Page 672.  All three parcels described above are shown on a plat prepared by Greenleaf Surveying Company dated September 25"h, 1995, and of record in the Clerk's office in Deed Book 930, at  Page 600.  Page 10of11    EXHIBITB  RENOVATION SPECIPICATIONS  Scope of Work for Constructioni includes, but may be amended as agreed upon by the  parties: 1. Building Shell.  a. Selective demolition of northernmost structural bay, roofing, damaged roof sheathing, metal wall panels, window units, all equipment, appurtenances,  shelving, and electrical systems b. New metal panel cladding  New 12'x12' steel overhead sectional garage door and new hollow metal door and Timber roof structure repair as necessary, roof sheathing replacement, installation  frame d. Wash bay  of new: single ply roof membrane, edge flashings and stops a. Cleaning and painting of any weathered steel frame b. Mechanical cleaning and grime removal of existing concrete floors Lighting and lighting accommodations d. Utility room, restroom, eyewash sink and water fountain two (2) 90 minute fire rated doors with closures  2. Interiors.  Utility room and restrooms shall have two-hour fire rated walls from floor to ceiling in compliance with IBC 2018 706.6 Vertical Continuity requirements and Garage bay on the southern side of thel building shall be enclosed via walls and two-hour (2) garage doors to prevent airflow between the warehouse space and  the garage for the purpose to retaining heat in the garage a. Addition of radiant gas heater at coordinated location b. New 200 Amp electrical service and distribution including outlets, switches, LED Hose bibb located by man door with interior shut off d. Heat tape shall be placed on the hose bibb line, eyewash station line, and sink water lines located outside of the utility room and restroom a. New heavy duty 8" thick concrete driveway Trench drain with oil and water separator  3. Utilities.  lighting, and branch wiring  4. Sitework.  b. Drains and retaining walls as necessary, t0 be determined by Builder d. Fencing as coordinated with city staff along site of future Rail Trail  Page 9of9    BOSK 930Pue 600 oC S  OLORAIROAD GRADE  -  SPIKE  STORY BUILDING SOHA BULDING ADDITION  1-14"PN VAL  POLE YARD" FAIRMONT SUPPLY 857/999 COMPANY 01-06 MRCEL 1412 RADS954370 ARG -192.54 PLAT OF SURVEY FOR KCSIAIPEYEIREETK TETETREEEER Arag:2375A EABGRZDEVZOEHENIZ COSARATION THI rel.: KONSTARTN3S aq.1, AEIE SEREMETIS 0.8.78 Pg.-HEH Tax map E06 Parca A Addise: I03 STREET FARRONT Corporollon FARMONT Disirict FARMONT MARION  ARVE CHORD 505'4600W/9154;  OMonymant found 01/2" Rafnt.  TAa pliparllas Inlersried Intla lo the premises survayed. SEREMETIS parcel survsyed alorm ler nol loccled wihin Ihe 100 yaar Oacription:  flood zone, AGOMPANY  GREENLEAF SURVEYING ETTITESSS AdGiHion ",  KN LANDSHRIETK  ALLAN J. ITSCHI, L.L.S. No. 587 Rt2.c0 RECEIVED K00 RECCADINGFEE MEASERY CLERKLR AMASIEREA  COUNTY, WEST VIRGINIA. 053.90  Horganloke West Virginls Scale  a Date  EXHIBITA A  2260  STAMPS.300 STATE OF WEST VIRGINIA, Counly of Marion, To-WI: Dec27 12PH'95 hereby I, Janice cerlfy thot Cosco, the Clark oF the County Commission of, said Counly, do  war thir dey produced to foregeing maln my witing, office ond with duly certifkcate admitted thereto annexed,  Wilnes my hend. 13268  ton record.  iks Clerk    11/14/24,1 12:12PM  WV Properly Viewer  Parcel  Address Flood Zone  QSearch  Search Results  1 parcel(s) found. Click on a record to zoom in and view  its detailed info. # Parcel 0144-0000 II  Owner Io  Address 26554  24-03-0006- WILLIAMS ROBERTJ 10TH ST FAIRMONT  Start Over Export as CSV  1:1  -    Imagery  0 20 40ft Scale- 1:564 39.471207, -80.147225 (39.470706, -80.149115  Click on a parcel to view its information  PSMNwmapwgPMPceN  1/1    11/26/24, 10:57AM  Sheriff of! Marion County Realf Property Ticket- 2021-0000008417  Sheriff of Marion County Marion County Real Property  Tax" Year: 2021 Ticket#: 0000008417 District: 03- FAIRMONT CITY Property Owner  Account Number: 00003769 Taxpayer L.D.:  Property Description 25158 SQFT (0.578AC) 10THST (PLAT 890-872) Map/Parce!: 6/0144 0000 0000 Lot Size: Book: 1203 Tax Class: 4 Homestead Exemption: None Back" Tax: None Exoneration: None Prior Delinquents: None Special Disposition: None ASSESSMENT: 37500 27660 65160  USMACHINE INC CIO WILLIAMS ROBERT. JIII 2008THSTREET FAIRMONT, WV26554 Lending Institution:  Acreage: .5800 Page: 211  Assessment GROSS  NET 37500 27660 65160;  TAX (1/2 Year)  Land Building Total  959.42  DUE: First Half: none due Second Half: none due Total Due: none due  PAYMENTS RECEIVED: First Half  Second Half 959.42 .00 14.39 973.81 11/04/2021  Net Discount Interest Total Date  959.42 23.99 .00 935.43 11/04/2021  Please Remit Payment (ifa any) to: Sheriff of Marion County  POI Box 1348 Fairmont, WV: 265551348  Or call (304)367-5310 with questions.  marionsolwaresyalemscon/TICeThuansEARCH-ATPMR-202IATPICX-A7AT4178TPSX-8TPRINT-1  1/1    11/26/24, 10:57AM  Sheriff ofMarion County Real Property" Ticket- 2022-0000008341  Sheriff of Marion County Marion County Real Property  Tax Year: 2022 Ticket? #: 0000008341 District: 03- FAIRMONT CITY Property Owner  Account Number:00003800 Taxpayer I.D.:  Property Description  USMACHINE INC C/O WILLIAMS ROBERT. JIII 2008THST FAIRMONT, WV2 26554 Lending Institution:  0.07AC (3026 SF) 10THST (PLAT930-600) Map/Parce!: 6/016900020000 Lot Size: Book: 930 Tax Class: 4 Homestead Exemption: None Back Tax: None Exoneration: None Prior Delinquents: None Special Disposition: None ASSESSMENT: 1140' 0 1140  Acreage: Page: 596  Assessment GROSS  NET 1140 0; 1140  TAX(1/2Y Year)  Land Building Total  16.97  DUE: First Half: none due Second Half: none due Total Due: none due  PAYMENTS RECEIVED: First Half  Second Half 16.97 .00! .131 17.10 10/28/2022  Net Discount Interest Total Date  16.97 .00 .13 17.10 04/20/2023  Please Remit Payment (if any) to: Sheriff of! Marion County  POE Box 1348 Fairmont, WV: 265551348  Ord call (304)3 367-5310 with questions.  marion.softwaresystems.com/TICKEThimI7SEARCHP3ATPTYR-2022ETPTICK-8341aTPSX-ATPRINT=I  1/1    11/26/24, 10:56A AM  Sheriff of Marion County Real Properly Ticket- 2024-0000008612  Sheriff of Marion County Marion County Real Property  Tax Year: 2024 Ticket# #: 0000008612 District: 03 FAIRMONT CITY Property Owner  Account Number: 00003769 Taxpayer I.D.:  Property Description 3PCLS (0.83AC) TENTH & MINOR STS (PLAT 890-872) Map/Parcel: 6/01440000.0000 Lot Size: Book: 1292 Tax Class: 4 Homestead Exemption: None Back Tax: None Exoneration: None Prior Delinquents: None Special Disposition: None ASSESSMENT: 13440; 31500 44940  WILLIAMS ROBERTJII 2008 8THST FAIRMONT, WV2 26554 Lending Institution:  Acreage: Page: 672  Assessment GROSS  NET 13440 31500 44940  TAX( (1/2 Year)  Land Building Total  665.02  DUE: First Half: none due Second Half: none due Total Due: none due  PAYMENTS RECEIVED: First Half  Second Half 665.02 .00 9.98, 675.00 11/25/2024  Net Discount Interest Total Date  665.02 16.63 .00 648.39 11/25/2024  Please Remit Payment (if any) to: Sheriff of Marion County  POE Box 1348 Fairmont, WV 265551348  Ord call (304) 367-5310 with questions.  Canbined  marion.softwaresystems.comicSEARCH-3BTPTYR-2024ATPTICK-86128TPSX-8TPRINT-1  1/1    ITEM 16    RESOLUTION  A RESOLUTION OF THE COUNCIL FOR THE CITY OF FAIRMONT APPROVING AN AMENDMENT TO THE RULES AND REGULATIONS OF THE POLICE CIVIL SERVICE COMMISSION OF THE CITY OF FAIRMONT, WHICH AMENDMENT WAS ADOPTED BY THE COMMISSION ON JULY 14, 2020 AND CONFIRMED ON NOVEMBER 25, 2024, TO AMEND AND SUPPLEMENT RULE $7.02 EXAMINATIONS FOR ORIGINAL APPOINTMENT OF SAID RULES AND MORE PARTICULARLY SUBSECTION (n)(2)(b) TO ELIMINATE THE REQUIREMENT THAT AN APPLICANT MUST PRESENT A MEDICAL CLEARANCE SIGNED BY A PHYSICIAN PRIOR TO PARTICIPATING IN THE FITNESS TESTING PROCESS.  SYNOPSIS  By this proposed resolution, the Council of the City of Fairmont manifests its approval of a certain amendment to Rule $7.02 Examinations For Original Appointment of the Police Civil Service Commission Rules and Regulations, and more Particularly Subsection (n)(2)(b) of said rule to eliminate the requirement that an applicant must present a medical clearance signed by a physician prior to participating in the fitness testing  process.  This change was approved by the Police Civil Service Commission following a duly noticed meeting held July 14, 2020, and confirmed on  November 25, 2024.  A copy of the amendment is made part of this resolution.    RESOLUTION  A RESOLUTION OF THE COUNCIL FOR THE CITY OF FAIRMONT APPROVING AN AMENDMENT TO THE RULES AND REGULATIONS OF THE POLICE CIVIL SERVICE COMMISSION OF THE CITY OF FAIRMONT, WHICH AMENDMENT WAS ADOPTED BY THE COMMISSION ON JULY 14, 2020 AND CONFIRMED ON NOVEMBER 25, 2024, TO AMEND AND SUPPLEMENT RULE $7.02 EXAMINATIONS FOR ORIGINAL APPOINTMENT OF SAID RULES AND MORE PARTICULARLY SUBSECTION (n)(2)(b) TO ELIMINATE THE REQUIREMENT THAT AN APPLICANT MUST PRESENT A MEDICAL CLEARANCE SIGNED BY A PHYSICIAN PRIOR TO PARTICIPATING IN THE FITNESS TESTING PROCESS  WHEREAS, West Virginia Code $8-14-1 et seq., provides a WHEREAS, on January 13, 2000, the Commission adopted rules and regulations pursuant to the provisions of West Virginia Code $8-14-10 and which rules and regulations have been amended from time to time.  comprenensive civil service system for paid police departments.  WHEREAS, following a meeting held July 14, 2020, the Commission proposed an amendment to the rule identified in the title. The amendment was reconsidered and confirmed by the Commission on November 25, 2024. WHEREAS, West Virginia Code $8-14-10 provides that all such rules and regulations and any changes or amendments thereto must be submitted  to the mayor and governing body for approval.  NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL FOR THE CITY The amendment to Subpart (n)(2)(b) of Rule 7.02 Examinations for Original Appointment, of the Rules and Regulations of the Police Civil Service Commission, a copy of which amendment to said Rules is attached hereto and made a part hereto, be and is hereby approved and adopted by the  OF FAIRMONT THAT:  Council of the City of Fairmont,  This resolution shall become effective upon adoption.    Adopted this the 10th day of December, 2024.  MAYOR  ATTEST:  CITY CLERK    7.02 EXAMINATIONS FOR ORIGINAL APPOINTMENT (matter to be deleted bracketed; new: matter double underline)  (n) The placement of an applicant's name upon the eligible list is not a guarantee that the applicant is eligible for appointment. Such placement and eligibility for appointment is expressly contingent upon the other provisions ofthese  rules, including but not limited to:  (1) Background examination - The Department shall examine the background of an applicant on the eligibility list prior to the appointment. To facilitate this process, each applicant shall submit his or her fingerprints SO that they may be forwarded to the West Virginia Department of Public Safety and to the United States Department of] Justice, Federal Bureau ofInvestigations, to determine arrest, conviction and other pertinent information. Ifa any circumstance is disclosed by the examination which renders the applicant unsuited or unfit for police service,  the applicant shall be stricken from the list.  (2) Physical examination - Police work is strenuous, and the Commission finds that the health and physical fitness requirements of employment as a law enforcement officer and significantly above such requirements for other jobs and  professions.  [(3)](a) Prior to appointment, the city shall cause an applicant on the  eligible list to be examined by two or more physicians or osteopathic physicians of the city's choosing. The applicant will be required to disclose all relevant past treatment and release the medical records thereof to the examiner. The examining physician must certify that the applicant remains free from any bodily or mental defects, deformity or diseases which might incapacitate the applicant from the performance oft the duties of the position desire and is physically fit to perform such duties before such applicant is appointed. The opinion of the examining physician shall be final. If the applicant is deemed by such physician as not fit for police service, the applicant shall be stricken from the list. The disabled veteran's preference set out in subsection 7.02 (I) shall not exempt such an applicant from complete satisfaction of the physical fitness and health requirements of this  subsection.    (b)Prior to appointment, but only after receipt from the applicant of  [medical clearance signed by a physician indicating that it is safe for the applicant to participate in the fitness testing process,] a waiver of liability, release andhold harmless signed by the applicant in the form provided, the Department shall test the physical fitness ofan applicant on the eligible list using the procedures and standards governing admission to the West Virginia Police Academy's Basic Police Officer Training Program on the date applications are first made available. A copy ofsuch procedures and standards shall be provided to all applicants with their application. If the applicant does not demonstrate the minimum fitness level required for admission to the Basic Police Officer Training Program, the applicant shall be stricken from the list. The disabled veteran's preference set out in subsection 7.02(1) shall not exempt such an applicant from complete satisfaction ofthe physical fitness  requirements oft this subsection.    ITEM7    CITY FAIRMONT ATEA  CITY OF FAIRMONT City Manager'sOffice 200Jackson St., P.O. Box 1428 Fairmont, WV 26555-1428 Telephone (304) 366-6212, Ext. 315 Fax (304-366-0228) www.armontwy.goy  BOARD AND COMMISSION APPLICATION  By completing this form, you are: indicating your interest to serve on a city board, commiission or committee. The Fairmont City Council and/or the City Manager make the appointments. All appointments remain at the discretion of the City Council and/or the City Manager. This  application is a public document and willl be on file: for two (2) years.  Name: Mariah Cunningham  Address: Phone: (H) Email: Occupation:  (W).  (C).  Employer:  Do you reside in the City Limits of Fairmont? V Yes  No Ifyes, how long? College Graduate  Education: Degrees/Majors:  Elementary MPA  High School  Certification or other vocational training:  Others skills:  Volunteer experiençe and other community involvement (give dates): (Ifa additional space is required, please attach a separate sheet of paper.)  If you are appointed, could you meet:  Morning  Afternoon Evening    What do you feel you can contribute to the community that may not be evident from information  already on this form?  Please check three (in order of preferèncei.e. 1,2,3) of the City Boards, Commissions and  Committees for which you would like tol be considered for appointment.  Arts & Humanities Commission Board of Zoning Appeals Fairmont Airport Authority Fairmont Audit Committee Fairmont Building Commission Fairmont Parking Authority Fairmont Parks Commission Fairmont Sanitary Sewer Board Fairmont Water. Board PaimmontMorgantown Housing Auth. Fairmont-Marion Transit Authority Firè Civil Seryice Commission Historic Landmarks Commission Which boards have/are you serving on? FRN  Historic Preservation Review Commission Human Rights Commission ICC Board of Appeals  Marion Co. Parks & Recreation Commission Marion Co. Public Library' Trustee Board Personnel Appeals Board Planning & Zoning Commission Police Civil Service Commission Urban Renewal Authority  Please list threei individuals in the city who may be contacted when considering you for an  appointment. Name  Address  Phone (please specily day/evening)  91CLar  Signature  Date    ITEM8    FAIRMONT E  CITY OF FAIRMONT City Manager'sOffice 200, Jackson St., P.O. Box 1428 Fairmont, WV: 26555-1428 Telephone (304)366-6212, Ext. 315 Fax (304-366-0228) www.fairmontwygoy  BOARD AND COMMISSION. APPLICATION  Byo completing this form, you arei indiçating your interest to serve on a city board, commission or committee. Thel Fairmont City Council and/or the City Manager make the appointments. All appointments remain at the discretion oft the City Council and/or the City Mânager. This  application is a public document and will be oni file fort two (2): years.  Name: Aronmajic Addréss: Phone: (H) Email: Occupation:  (W).  (C).  Employer:  Do you: reside in the City Limits of Fairmont? V Yes  No Ify yes, how long? College Graduate  Education: Dégrees/Majors:  Elementary  High School  Maiketing/management  Certification or other vocational training:  Other skills:  Volunteer experiençe and other community involvement (give dates): (Ifadditional space is required, please attach as separate sheet of paper.)  If you are appointed, could you meet:  Morning  Afternoon Evening    What do you: feel you can contribute to the community that may not be evident from information  already on this form?  Please check thrée (in order of preferèncei i.e. 1,2,3) of the City Boards, Commissions and  Committees for which you would like tol be considered for appointment.  Arts & Humanities Commission E Board of Zoning Appeals Fairmont Airport Authority Fairmont Audit Committee Fairmont Building Commission Fairmont Parking Authority Fairmont Parks Commission Fairmont Sanitary Sewer Board Fairmont Water Board FaimontMorgantown Housing Auth. Fairmont-Marion Transit Authority Fire Civil Service Commission Historic Landmarks Commission  Historic Preservation Réview Commission Human Rights Commission ICC Board of Appeals  Marion Co. Parks & Recreation Commission Marion Co. Public Library Trustee Board Personnel Appeals Board Planning & Zoning Commission Police Ciyil Sérvice Commission Urban Renewal Authority  Which boards have/are you sérving on? Board of appeals and zoning commission  Please list three individuals in the city who may be contacted when considering you for an  appointment. Namé  Address  Phone (please specify day/evening)  Signature'  Date    ITEM9    FAIRMONT  CITY OFFAIRMONT City Manager'sOffice 200, Jackson St., P.O. Box 1428 Fairmont, WV 26555-1428 Telephore (304) 366-6212, Ext. 315 Fax (304-366-0228) wwwfairmontwygoy  BOARD AND COMMISSION. APPLICATION  By compléting this form, you arei indicating your interest to serve on a city board, commission or committee. The Fairmont Gity Council and/or the City) Manager make the appointments. ATl appointments: remain at the discietion oft the City Council and/or the Cityl Managet, This  application is aj public document and will be on file for two (2) years.  Name: Madelaine Shultz Addréss: Phone: (H) Email: Occupation:  (W).  (C).  Employer:  Do you reside in the City Limits of Fairmont? y Yes No If yes, how long?  Education: Dégrees/Majors:  Elementary  High School College  Graduâte  Certification or other voçational training:  Other skills:  Volunteer experience and other community involvement (give dates): (Ifa additional space is required, pléasé attach a separate sheet ofj paper.)  If you are appointed, could you meet:  Morning  Afternoon Evening    What do you feel you can contribute to the community that may not be evident from information  already on this form?  Pléase check thrée (in order of preferenceie.1,2,9. of the City Boards, Coimmissions and  Committees for which you would like tol be considered fora appointment.  Arts & Humanities Commission Board of Zoning Appeals Fairont. Airport Authority Fairmont Audito Committeè Fairmont Building Commission Fairmont Parking.Authority Fairmont Parks Commission Fairmont Sanitary Sèwer Board Fairmont Water) Board FaimontMorgantown Housing Auth. Faimmont-Marion Transit. Authority FireCivil Service Commission HistoricLandmmarks Commission Which boards have/aré you sérving on?  Historic Presèrvâtion Rèview Commission Human Rights Commission ICC Board of Appeals  Marion Co. Parks & Rècreation Commission Marion Co. Public Library' Trustee Board Personnel Appeals Board Planning & Zoning Commission Poliçe Ciyil Sérvice Commission Urban Rerewal Authority  Please list three individuals in the city who may be contacted when considering you for an  appointment.: Name  Addrèss  Phonè (please specify daylevening)  QHaaeSle  Signature  Date. 12/2/2021    ITEM  10    FAIRMONT ATtRI  CITY OF FAIRMONT City Manager'sOfice 200. Jackson St., P.O. Box 1428 Fairmont, WV 26555-1428 Telephone (304) 366-6212, Ext. 315 Fax 304-366-0228) www.armontyv.goy  BOARD AND COMMISSION APPLICATION  Byo completing this form, you are: indicating your. interest to serve on a city board, commission or committee. The Fairmont City Council and/or the City Manager make the appointments. All appointments remain at the discretion oft the City Council and/or the City Manager. This application is aj public document and will be on file fort two (2): years.  Name: Troy A Snyder Address: Phone: (H). Email: Occupation:  (W).  (C).  Employer:  Do you) reside in the Cityl Limits of Fairmont? V Yes  No Ifyes, how long? College V Graduate  Education: Degrees/Majors:  Elementary  High School  Certification or other vocational training:  Other skills:  Volunteer experience and other community involvement (give dates): (Ifadditional space is required, please attach a separate sheet of paper.)  If you are appointed, could you meet:  Morning  Afternoon VEvening    What do you feel you can contribute to the community that may not be evident from information  alreadyonthisform?  Please check three (in order of preferencei.e. 1,2, 3) of the City Boards, Commissions and Committees for which you would like tol be considered for appointment.  Arts & Humanities Commission Board of Zoning Appeals Fairmont Airport Authority Fairmont Audit Committee Fairmont Building Commission Fairmont Parking Authority Fairmont Parks Commission Fairmont Sanitary Sewer Board Fairmont Water Board FaimmontMorgantown Housing Auth. Fairmont-Marion Transit Authority Fire Civil Service Commission HistoricLandmarks Commission Which boards have/are you serving on?  Historic Preservation Review Commission Human Rights Commission ICC Board of Appeals  Marion Co. Parks & Recreation Commission Marion Co. Public Library Trustee Board Personnel Appeals Board Planning & Zoning Commission Police Civil Service Commission Urban Renewal Authority  Please list threei individuals in the city who may be contacted when considering you for an  appointment. Name  Address  Phone (please specily daylevening)  Sur  Signature  Date 06/09/2021    ITEM  11    FAIRMONT  CITY OF FAIRMONT City Manager's Office 200Jackson St., P.O. Box 1428 Fairmont, WV 26555-1428 Telephone (304)366-6212, Ext. 315 Fax (304-366-0228) ww.fairmontwy.gor  BOARD AND COMMISSION APPLICATION  By completing this form, you are: indicating your interest to serve on a city board, commission or committee. The Fairmont City Council and/or the City Manager make the appointments. All appointments remain at the discretion oft the City Council and/or the City Manager. This application is a public document and will be on file for two (2) years.  Name: Mike Jura Address: Phone: (H). Email Occupation:.  (W).  C)  Employer:  Do your reside. in the CityLimits of Fairmont? V Yes Education: V Elementary High School College  No Ifyes, how long?  Graduate  Degrees/Majors:  Certification or other vocational training:  Other skills:  Volunteere: experienceandotnercommunity involvement (give dates): (Ifa additional space is required, please attach a separate sheet of paper.)  If you: are appointed, could you meet:  Morning  Afternoon Evening    What do you feel you can contribute to the community that may not be evident from information  already on this form?  Please check three (in order of preferencei i.e. 1,2,3) oft the City Boards, Commissions and Committees for which you would like to be considered for appointment.  Arts & Humanities Commission Board ofZoning Appeals Fairmont Airport Authority Fairmont Audit Committee Fairmont Building Commission Fairmont Parking Authority Fairmont Parks Commission Fairmont Sanitary Sewer Board Fairmont Water Board aimontMorgantown Housing Auth. Fairmont-Marion Transit Authority Fire Civil Service Commission Historic Landmarks Commission  Historic Preservation Review Commission Human Rights Commission ICC Board of Appeals  Marion Co. Parks & Recreation Commission Marion Co. Public Library Trustee Board Personnel Appeals Board Planning & Zoning Commission Police Civil Service Commission Urban Renewal Authority  Which boards have/are you serving on? Historic Preservation Review Commission  Please list three individuals in the city who may be contacted when considering you for an  appointment. Name  Address  Phone (please specily daylevening)  Clokre GMMichael Cira  Signature Ker  Date 7/20/2021    ITEM  12    FAIRMONT  CITY OF FAIRMONT City Manager'sOfice 200, Jackson St., P.O. Box 1428 Fairmont, WV:26555-1428 Telephorie (304)366-6212, Ext. 315 Fax (304-366-0228) wwwArmontwygoy  BOARD AND COMMISNONAPTICATON  By compléting this form, you arei indicatingyouri interest to serve on a city board, commission committee. The Pairmont City Council and/or the City) Manager make the appointments. All or appointments remain at the discietion oft the City Counpil and/or the City Manager, This  application is aj public document and willl be on file for two (2): years.  Name: Madelaine Shultz Addréss: Phone: (H) Email: Occupation:  (W).  (C).  Employer:  Do you reside in the City.Limits of Fairmont? y Yes  No Ifyes, how long? Graduâté  Education: Degrees/Majors:  Elementary  High School College  Certification or other voçational training;  Other skills:  Volunteer experiençe and othero community involvement (give dates): (Ifadditional space is required, pleasé attach as separate sheét of paper.)  Ify you are appointed, could you meet:  Morning  Afternoon Evening    What do you feel you can contribute to the community that may not be evident from information  already on this form?,  Please check thrée (in order of] preferenceie.1,2,9). of the City Boards, Commissions and  Committees: for which you would liket tol be considered! fora appointment.  Arts & Humanities Commission Board ofZoning. Appeals Fairmont. Airport Authority Fairmont Audit Committeè Fairmont Building Commission Fairmont Parking.Authority Fairmoni Parks Commission Fairmont Sanitary Sèwer Board Fairmont Water Boàrd FaimontMorgantownt Housing Auth. Fairmont-Marion Transit Authority Fire Civil Seryice Commission Historiclandmarks Commission Which boards have/aré you sérving on?  Historic Preservation Rèview Commission Human Rights Commission ICC Board of Appeals  Marion Co. Parks & Rècreation Commission Marion Co. Public Library' Trustee Board Persornel Appeals Board Plarning & Zoning Commission Policé Ciyil Sèrvice Conmission Urban Renewal Authority  Please list three indiyiduals in the city who may be contacted when considering you: for an  appointment. Nâme  Address  Phone (please specify daylevening)  QMatlaoSlke  Signature  Date. 12/2/2021    ITEM  13    CITY FAIRMONT  CITY OF FAIRMONT City Manager'sOffice 200. Jackson St., P.O. Box 1428 Fairmont, WV 26555-1428 Telephone (304) 366-6212, Ext. 315 Fax (304-366-0228) wwwfairmontwyypo  BOARD AND COMMISSION APPLICATION  By completing this form, you are: indicating your interest to serve on a city board, commission or committee. The Fairmont City Council and/or the City Manager make the appointments. All appointments remain at the discretion oft the City Council and/or the City Manager. This application is a public document and will be oni file fort two (2). years.  Name: Troy A Snyder Address: Phone: (H) Email., Occupation.  (W).  (C).  Employer:  Do youresidei in the CityLimits of Fairmont? V Yes  No Ifyes, how long? College Graduate  Education: Degrees/Majors:  Elementary  High School  Certification or other vocational training:  Otherskills:  Volunteer experience and other community involvement (give dates): (Ifa additional space is required, please attach a separate sheet ofj paper.)  If you are appointed, could you meet:  Morning  _Afternoon Evening    What do you feel you can contribute to the community that may not be evident from information  alreadyo on this form?  Please check three (in order of preferencei.e. 1,2, 3) of the City Boards, Commissions and Committees for which you would like to be considered for appointment.  Arts & Humanities Commission Board of Zoning Appeals Fairmont Airport Authority Fairmont Audit Committee Fairmont Building Commission Fairmont Parking Authority Fairmont Parks Commission Fairmont Sanitary Sewer Board Fairmont Water Board FaimmontMorgantown Housing Auth. Fairmont-Marion Transit Authority Fire Civil Service Commission HistoricLandmarks Commission Which boards have/are you serving on?  Historic Preservation Review Commission Human Rights Commission ICC Board of Appeals  Marion Co. Parks & Recreation Commission Marion Co. Public Library Trustee Board Personnel Appeals Board Planning & Zoning Commission Police Civil Service Commission Urban Renewal Authority  Please list three individuals in the city who may be contacted when considering you for an  appointment. Name  Address  Phone (please specilfy daylevening)  ISEr  Signature  Date 06/09/2021    ITEM  14    FAIRMONT /IR  CITY OF FAIRMONT City Manager'sOfice 200 Jackson St., P.O. Box 1428 Fairmont, WV 26555-1428 Telephone (304) 366-6212, Ext. 315 Fax (304-366-0228) www.airmontyygoy  BOARD AND COMMISSION APPLICATION  By completing this form, you are indicating your interest to serve on a city board, commission or committee. The Fairmont City Council and/or the City Manager make the appointments. All appointments remain at the discretion oft the City Council and/or the City Manager. This  application is aj public document and will be onf file for two (2) years.  Name: Mike, Jura Address: Phone: (H). Email: Occupation.  (W).  Employer:  Do you reside in the City Limits of Fairmont? V Yes Education: V Elementary V High School College  No Ifyes, how long? Graduate  Degrees/Majors:  Certification or other vocational training:  Other skills:  Volunteer experienceand.olhercommunity involyement (give dates): (Ifadditional space is required, please attach a separate sheet of paper.)  Ify you are appointed, could you meet:  Morning  Afternoon Evening    What do you feel you can contribute to the community that may not be evident from information  already on this form?  Please check three (in order of preferencei i.e. 1,2,3) of the City Boards, Commissions and Committees for which you would like to be considered for appointment.  Arts & Humanities Commission Board of Zoning Appeals Fairmont Airport Authority Fairmont Audit Committee Fairmont Building Commission Fairmont Parking Authority Fairmont Parks Commission Fairmont Sanitary Sewer Board Fairmont Water Board FairmontMorgantown Housing Auth. Fairmont-Marion Transit Authority Fire Civil Service Commission Historic Landmarks Commission  Historic Preservation Review Commission Human Rights Commission ICC Board of Appeals  Marion Co. Parks & Recreation Commission Marion Co. Public Library' Trustee Board Personnel Appeals Board Planning & Zoning Commission Police Civil Service Commission Urban Renewal Authority  Which boards have/are you serving on? Historic Preservation Review Commission  Please list three. individuals in the city who may be contacted when considering you for an  appointment. Name  Address  Phone (please specify daylevening)  Cbkr GMMichaeb Clira  Signature  Date. 7/20/2021