2015-144SALegal \Our Documents \Ordinances \15 \Campbell-amended agr ord - version 3.doc
ORDINANCE NO. 2015 -144
AN ORDINANCE APPROVING AN EXTENSION OF THE EMPLOYMENT AGREEMENT
FOR THE CITY MANAGER; AMENDING SECTIONS 3, 5 AND 6 OF SAID AGREEMENT;
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING
EXPENDITURES AND ACTIONS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on October 5, 2010, the City Council approved an employment agreement
with George C. Campbell as City Manager by Ordinance No. 2010 -250, and
WHEREAS, pursuant to the employment agreement, the City Council desires to extend
same for a one (1) year period; and
WHEREAS, the City Council additionally desires to amend "Section 3. Term ", "Section
5. Separation and Severance Pay ", and "Section 6. Salary" of the employment agreement; and
WHEREAS, the City Council finds that this Ordinance is in the public interest; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The recitals and findings contained in the preamble of this Ordinance are
incorporated into the body of this Ordinance.
SECTION 2, The City Council hereby approves a one (1) year extension of the
employment agreement.
SECTION 3. The City Council hereby approves the First Amendment to Employment
Agreement for the City Manager, which reflects amended Sections 3, 5 and 6, a copy of which is
attached hereto and incorporated by reference herein, and authorizes the Mayor, or his designee,
to execute the First Amendment to Employment Agreement on behalf of the City.
SECTION 4. The City expenditures provided for in the Agreement are hereby authorized.
SECTION 5. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
ATTEST:
,11,N 11 ,.�'R WALTERS, C IJA SECRETARY
BY:
S:\Legal\OurDocuments\Ordinances\15\Campbell-amended agr ord -version 3.doc
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
Page 2
STATE OF TEXAS
COUNTY OF DENTON
FIRST AMENDMENT TO EMPLOYMENT AGREEMENT
This First Amendment to Employment Agreement (this "First Amendment ") is made and entered
into this 5th day of May, 2015 by and between the City of Denton, Texas, a Texas municipal
corporation (the "Employer ") and George C. Campbell (the "Employee "), with the Employer and
the Employee sometimes being referenced collectively in this Agreement as the "Parties."
WITNESSETH:
WHEREAS, it is the desire of the Employer to extend the Employment Agreement dated the 1St
day of October, 2010 ( "Employment Agreement ") for a one (1) year period pursuant to Section
3.13. of the Agreement; and
WHEREAS, the Employee desires to extend the Employment Agreement for a one (1) year
period so as to continue employment as the City Manager of the City of Denton, Texas as a City
Council appointee; and
WHEREAS, the Employer and the Employee also desire to amend the Employment Agreement
in connection with the one (1) extension of said Employment Agreement;
Now, therefore in consideration of the mutual covenants herein contained, the Parties agree to
amend October 1, 2010 Employment Agreement as follows:
1. Section 3.13. of the Employment Agreement is deleted in its entirety and replaced with the
following:
Unless the Council —at least 30 days before the expiration of the Initial Term —
gives the Employee written notice of non - renewal, the terms of this Agreement
shall automatically renew for an Extended Term. Unless the Council —at least 30
days before the expiration of any Extended Term once commenced —gives the
Employee written notice of nonrenewal, the terms of this Agreement shall
automatically renew for an additional Extended Term. There is no limitation on
the number of Extended Terms that may occur.
2. Section 5.A. of the Employment Agreement is deleted in its entirety and replaced with
the following:
Upon Involuntary Separation occurring during the Initial Term or any subsequent
Extended Term, the Employee shall be entitled to a lump sum severance payment
equal to a full year of the Employee's Total Compensation.
3. Section 5.13. of the Employment Agreement is deleted in its entirety and replaced with the
following:
Provided that the Employee remains at all times employed as Employer's City
Manager for the entire Initial Term of this Agreement or any subsequent Extended
Term, the Employee shall thereafter be entitled to receive a full year of the
Employee's Total Compensation upon Involuntary Separation, except in the event
such Involuntary Separation is due to any of the reasons set forth in Section S.C.
of this Agreement, in which case the Employer shall not be obligated to pay and
the Employee shall not be entitled to receive any amount as severance payment.
4. Section S.D. of the Employment Agreement is deleted in its entirety and replaced with
the following:
"Involuntary Separation" means the Employee's: (1) removal by the Council
under Section 4 of this Agreement; (2) separation by the Council's act of non -
renewal of the Initial Term or any subsequent Extended Term as set forth in
Section 3.13. of this Agreement; or (3) the Employee's resignation upon the
Council's reduction or threatened reduction in the Employee's Salary or other
financial benefits in a greater percentage than a coinciding across - the -board
reduction for all City employees. If Employee resigns upon such a reduction, the
calculation of the amount of any severance pay due and owing under this
Agreement shall be based on the amount of the Employee's Total Compensation
immediately before any such reduction.
5. Section 6.A. of the Employment Agreement is deleted in its entirety and replaced with
the following:
For the services rendered as the Employer's City Manager, the Employer agrees
to pay Employee an annual base salary as set year -to -year by the City Council,
payable in installments at the same time as other employees of the Employer are
paid. All provisions of the City Charter, City Code, and Council - adopted Rules
and Regulations relating to the vacation and sick leave, retirement and pension
system contribution, holidays, and other fringe benefits and working conditions as
they now exist or hereafter may be amended, shall apply to Employee as they
would to other employees of the City, which benefits include health insurance,
long -term disability insurance, retirement under the Texas Municipal Retirement
System, and other benefits as provided to other Council appointees of the City.
However, the Employee may elect to not participate in the Employer's health
insurance plan, in which case the Employee will be entitled to an additional sum
of up to $8,000 annually, which will be paid in installments at the time the
Employee's Salary is paid.
6. Except as expressly amended hereby, the Employment Agreement shall remain valid and
subsisting as originally provided, and the Employer and the Employee hereby ratify and confirm
the Employment Agreement, as amended hereby.
7. Per the Employment Agreement, the one (1) extension period, i.e. the "Extended Term ",
shall commence on October 1, 2015.
This First Amendment is dated effective on May 5, 2015.
IN WITNESS WHEREOF, the Mayor as duly authorized by the Council and on behalf of the
City of Denton, has signed and executed this First Amendment and the Employee has signed and
executed this First Amendment, both in duplicate, the day and year first above written.
CITY OF DENTON, T] .,.X AS
CHRIS WA' "S, MAYOR
ATTEST:
1 N1 11 ^]f �Al: * "11;RS, CITY SI.k'RJ.,,'T RY
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of . ..,,
GEORGL'. C. C "AMPBE, 1,
CITY MANAGER