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19-2828ORDINANCE NO. 19-2828 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, NUNC PRO TUNC, CORRECTING AN 1NADVERTENT MISTAKE IN SECTION 6 OF THE SECOND AMENDMENT TO THE CITY ATTORNEY'S EMPLOYMENT AGREEMENT APPROVED BY CITY COUNCIL ON NOVEMBER 5, 2019 BY ORDINANCE 2019-2625; AUTHORIZING THE MAYOR TO EXECUTE A CORRECTED SECOND AMENDMENT TO THE CITY ATTORNEY'S EMPLOYMENT AGREEMENT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on October 10, 2017, the City Council approved an Employment Agreement with Aaron Leal as the City Attorney of the City of Denton by Ordinance No. 2017-293; and WHEREAS, the City Council completed its semi-annual performance review for City Attorney Aaron Leal and expressed its desires to approve an increase in the City Attorney's annual Base Salary and to extend City Attorney Aaron Leal's Employment Agreement for an additional one (1) year period, thereby extending the term of said agreement to October 11, 2021, and City Attorney Leal desires the same; and WHEREAS, on November 5, 2019, the City Council approved a Second Amendment to City Attorney's Employment Agreement ("Agreement") to effectuate its desires as stated above. WHEREAS, the City Council finds that Section 6 of the Agreement did not effectuate its intent as stated above; WHEREAS, the City Council has the inherit power to retroactively correct such mistakes and to reflect intended language in Section 6 of the Second Amendment to the City Attorney's Employment Agreement and deems it to be in the best interest of the City and should be adopted as herein; and WHEREAS, the City Council finds that corrected Second Amendment to the City Attorney's Employment Agreement, which is attached as Exhibit 1 and incorporated herein by reference, reflects the City Council's desires; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The recitals and iindings contained in the preamble of this Ordinance are incorporated into the body of this Ordinance. SECTION 2. The City Council maintains all the provisions of Section 6 of the Second Amendment to the City Attorney's Employment Agreement, as previously adopted, except as hereby amended under the same, nunc pro tunc. The Section 6 of the Second Amendment to the City Attorney's Employment Agreement is hereby corrected as follows: SECTION 6. SALARY A. For the services rendered as the Employer's City Manager, the Employer agrees to pay Employee an annual Base Salary of $210,000 and as set year to year by the City Council in future years, 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 beneiits 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 and retirement under the Texas Municipal Retirement Systein, a�,�� �',�*'��e-(='i�� H��',�,^r^,�^�'n . The Employee shall accrue sick leave on the same basis as all other employees of the City. SECTION 3. The City Council hereby authorizes the Mayor to execute the corrected Second Amendment to the City Attorney's Employment Agreement, which is attached as Exhibit 1 and incorporated herein by reference. SECTION 4. Save and except as amended hereby, all provisions, sections, subsections, paragraphs, sentences, clauses, and phrases of Section 6 of the Second Amendment to the City Attorney's Employment Agreement. SECTION 5. This Ordinance shall become effective immediately upon its passage and approval. The motion to approve this �rdinance was made by t./ 4�/{� �]�j and seconded bY �"E]4'tl��..c� ��Gt-��J�'�G_�1 . The Ordinance was passed and approved by the f'o[lowiit� �ote � r� - �. Mayor Chris Watts: Gerard Hudspeth, District 1: Keely G. Briggs, District 2: Jessie Davis District 3: John Ryan, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: Aye Nay ✓ ✓ ✓ ✓ ✓ ✓ � PASSED AND APPROVED this the ��t� �'r �� Abstain Absent day of G���., 2019 CHRIS WATTS, MAYOR Page 2 ATTEST: ROSA RIOS, CITY SECRETARY r BY: f APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY I BY: � Page 3 EXHIBIT 1 STATE OF TEXAS § COUNTY OF DENTON SECOND AMENDMENT TO CITY ATTORNEY'S EMPLOYMENT AGREEMENT This Second Amendment to Employment Agreement (this "Second Amendment") is made and entered into this 19th day of November, 2019 by and between the City of Denton, Texas, a Texas municipal corporation (the "Employer") and Aaron Leal (the "Employee"), with the Employer and the Employee sometimes being referenced collectively in this Agreement as the "Parties." WHEREAS, it is the desire of the Employer to amend the Employment Agreement dated the l Oth day of October 2017, adopted via Ordinance No. 2017-293 ("Employment Agreement"), to provide for an extension of the term of said agreement to October 11, 2021, for an additional one (1) year period; and WHEREAS, the Employee also desires to amend his Employment Agreement to provide for an additional one (1) year period so as to continue employment as the City Attorney of the City of Denton, which is a City Council appointed position; and NOW, THEREFORE, in consideration of the mutual covenants herein contained, the Parties agree to amend the October 10, 2017 Employment Agreement as follows: 1. Section 1 of the Employment Agreement which defines "Initial Term" is deleted in its entirety and replaced with the following: ]nitial Ter�n means the four-year period beginning on the Commencement Date and ending on October 11, 2021, during which this Agreement shall be in full force and effect if not earlier terminated in accordance with the provisions of this Agreement. 2. Section 3A of the Employment Agreement is deleted in its entirety and replaced with the following: The Initial Term of this Agreement is four (4) years beginning on the Commencement Date of October 12, 2017 and ending on October 11, 2021. 3. Section 6 of the Employment Agreement is deleted in its entirety and replaced with the following: SECTION 6. SALARY A. For the services rendered as the Employer's City Manager, the Employer agrees to pay Employee an annual Base Salary of $210,000 and as set year to year by the City Council in future years, 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 Page 4 sick leave, retirement and pension system contribution, holidays, and other fringe benefts 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 and retirement under the Texas Municipal Retirement System. The Employee shall accrue sick leave on the same basis as all other employees of the City. 4. 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. IN WITNESS WHEREOF, the Mayor as duly authorized by the Council and on behalf of the City of Denton, has signed and executed this Second Amendment to the City Attorney's Employment Agreement and the Employee has signed and executed this Second Amendment to the City Attorney's Employment Agreement and, both in duplicate, the day and year Second above written. .�,�R�„�,.. � �fi� � _.�' �� � �� � � �:•�..1� F. �'i .�, �� ATTEST: � RUSII R1�5, CITY SECRETARY CITY OF DENTON, TEXAS � Ci ifti� W T5, MAYOR APPROVED AND ACCEPTED .� �� ; � ���-� AARON LEAL CITY ATTORNEY Page 5