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
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PASSED AND APPROVED this the ��t�
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Abstain Absent
day of G���., 2019
CHRIS WATTS, MAYOR
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ATTEST:
ROSA RIOS, CITY SECRETARY
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BY: f
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
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BY: �
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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
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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�„�,..
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ATTEST:
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RUSII R1�5, CITY SECRETARY
CITY OF DENTON, TEXAS �
Ci ifti� W T5, MAYOR
APPROVED AND ACCEPTED
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AARON LEAL
CITY ATTORNEY
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