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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 � � BY: �' T � � � . �� � . �_ �. S:\Legal\Our pocuments\Ordinances\15\Burgess-amended agr ord - version 3.doc APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY �� i �� � " �" ��� °.� � � a. �.� BY: ..� °%'�°�" �� ��'w 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 �m�� � �� � .�� � ��_— ��� ....���m.m CHRIS W�:����, MAYOR ATTEST: � � ,.�. °� ��` e . ..���.._.,...m .fI. i�I9����I�W i:.�T��, �, i"I"I`"�" ��:�.'��:�'���ARY � � l, ����-��e yk � �f �� y p �"'!��� �w '�,�u.�.�� d �� � .k� � � ."�.�� "e � ANITA BURGESS CITY ATTORNEY