2015-145S:\Legal\Our pocuments\Ordinances\15\Burgess-amended agr ord - version 3.doc
oxDnvANCE No. 2015-145
AN ORDINANCE APPROVING AN EXTENSION OF THE EMPLOYMENT AGREEMENT
FOR THE CITY ATTORNEY; 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 Anita Burgess as City Attorney by Ordinance No. 2010-251, 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.
SECwTION 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 Attorney, 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.
..
day of �����..�.��,� ���' .... �� 2015.
PASSED AND APPROVED this the µ� �..,........,�
TTS, MAYOR
ATTEST:
,11�;���� � 1 l;r�'� WALTERS, �."!`�l"�"��� SECRETARY
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BY: �' T �
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S:\Legal\Our pocuments\Ordinances\15\Burgess-amended agr ord - version 3.doc
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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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 Sth day of May, 2015 by and between the City of Denton, Texas, a Texas municipal
corporation (the "Employer") and Anita Burgess (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 lst
day of October; 2010 ("Employment Agreement") for a one (1) year period pursuant to Section
3.B. 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 Attorney 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 the Employment Agreement as follows:
1. Section 3.B. 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 S.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 in
addition to all amounts previously earned. The amount of the severance payment required
to be paid to the Employee upon Involuntary Separation occurring during the Initial Term
or any subsequent Extended Term of this Agreement shall be a portion of the amount of
the Employee's Total Compensation, said portion being eight months of the Employee's
Total Compensation for Involuntary Separation occurring at any time during the first year
of the Initial Term, with said portion increasing by an additional month's Total
Compensation for each subsequent year, as demonstrated in the following schedule:
________ .. ... ..�_________ �..�.... _ m
Portion of Total
Year of Employment during i Compensation to be Paid as '
Initial Term � Severance Upon
Involuntary Separation
During Initial Term
Year....l . 10/1. .....�.����... . �_..mmmm._.
( /2010 — 9/30/2011) 8 months
_ _._.r. _......w..e..,.._��� ...... �� ...
Year 2(10/1/2011 — 9/30/2012) 9 months
Year 3(10/1/2012 — 9/30/2013 w10 mon
_,.._n..m.m._m..._
ths
...m ,...... �.m.......... ..��
onths
Year 4 (.10%1.�2.0..1.3......-...9/30/201_4) l l .m ..................... ....
Year 5(10/1/2014 — 9/30/2015) 12 months
3. Section S.B. 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
Attorney for the entire Initial Term or any subsequent Extended Term of this
Agreement, 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 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 Attorney, 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.
5. 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.
6. 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.
1N 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, TEXAS
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CHRIS W�:����, MAYOR
ATTEST:
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ANITA BURGESS
CITY ATTORNEY