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HomeMy WebLinkAboutCity of Tamarac Resolution R-86-178Introduced by Temp. #4136 Rev. 5/13/86 CITY OF AMARAC, FLORIDA RESOLUTION NO. R-86-�� A RESOLUTION OF THE CITY OF TAMARAC, FLORIDA APPOINTING A. BRYANT APPLEGATE AS CITY ATTORNEY; PROVIDING FOR A STARTING DATE OF EMPLOYMENT; PROVIDING THAT THE CITY OF TAMARAC SHALL BE APPLEGATE'S ONLY CLIENT; PROVIDING FOR A STARTING SALARY WITH A GUARANTEED INCREASE IN SALARY OF $5,000 UPON COMPLETION OF A SUCCESSFUL SIX (6) MONTH PROBATIONARY PERIOD; PROVIDING FOR A SIX (6) PROBATIONARY PERIOD FOR EMPLOYMENT; PROVIDING FOR BENEFITS AND A CAR ALLOWANCE; PROVIDING FOR SEVERANCE PAY UPON TERMINATION BY THE COUNCIL SHOULD SUCH TERMINATION OCCUR AFTER A SUCCESSFUL PROBA- TIONARY PERIOD; PROVIDING THAT APPLEGATE IS AN AT WILL EMPLOYEE; PROVIDING FOR WRITTEN NOTICE TO CITY SHOULD APPLEGATE DESIRE TO TERMINATE HIS EMPLOYMENT;PROVIDING FOR A REPEALER; PROVIDING FOR SEVERABILITY; AND PROVIDINQ-FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA THAT: E T : A. BRYANT APPLEGATE shall be appointed to serve as City Attorney of the City of Tamarac subject to the following conditions, which APPLEGATE has agreed to by signature to a letter of May 6, 1986, a copy of which is attached as Exhibit "A", and incorporated by reference herein: 1. APPLEGATE will begin to serve as City Attorney on June 9, 1986 and throughout the term of his holding such office shall perform no legal work for clients other than the City of Tamarac. 2. That as of June 9, 1986, APPLEGATE will receive a salary of $45,000 per year payable in 52 equal installments at such pay periods as all other City Employees are paid. 3. For six (6) months following the first day of APPLEGATE'S employment, he shall be subject to probation. Should Council make a determination to terminate APPLEGATE'S position within said -1- 1 2 Temp #4136 3 4 probationary period or immediately upon the 5 conclusion of said probationary period, then 6 APPLEGATE shall not be entitled to severance pay. 4. Upon a successful completion of that six (6) month I' probationary period described in paragraph 3, 9 APPLEGATE shall be automatically entitltd to a 10 $5,000 increase in annual -salary and shall also 11 become eligible for inclusion within the Executive .12 Managerial benefit plan, the provisions of which 13 are set forth in Resolution R-86-111, a copy of 14 which is attached hereto as Exhibit "B" and incor- 15 porated by reference herein. '16 5. After three (3) months from the period upon which -17 APPLEGATE begins employment with the City, both he is and his family shall be entitled to participate in either City hospitalization plan offered to City employees. 21 6. Should APPLEGATE continue to be employed by the 22 City on October 1, 1986, Council will allocate to 23 him a car allowance or alternatively a car for his 24 use, 25 7. Should APPLEGATE be terminated, after a successful 26 completion of that probationary period, described 27 in paragraph 3 of this Resolution, then he will be 28 given two (2) months severance pay. 29 8. In no case, followingp prior to, or upon the 30 conclusion of, that probationary period described IL in paragraph 3 of this Resolution shall APPLEGATE t' be considered to have a property right in his 33 office. APPLEGATE is an at will employee of the -34 City and may be terminated without cause at any time by the Council. -2- 2 3 4 5 6 18 9 a 25 26 Temp #4136 9. Should APPLEGATE desire to terminate this agreement at any time than it will be necessary for him to provide the City with thirty (30) days prior written notice. SECTION-2: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SEC UD-N-1: Should any section or provision of this Resolution or any portion thereof, or any paragraph, sentence or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as whole or any part hereof, other than the part declared to be invalid. SECTIQN 4: This Resolution shall become effective immediately upon passage. PASSED, ADOPTED AND APPROVED this _Z� of this 1986. ?7-- ATTEST: Y_ CITY CLERK I HEREBY CERTIFY that I have approved the form and correct- ness of this RESOLUTION. MAY OR efZ-40= ) a RECORD OF COU CITY ATTORNEY MAYOR: HART NCIL VOTE 12956739086/p DIST, 1. C/W MASSARO DIST. 2: C/M STELZER Z:L� DIST. 3: C/M GOTTESMAN DIST. 4: V/M STEIN -3- r - I 5811 NORTHWEST 88TH AVENUE & TAMARAC. FLORIDA 33321 LARRY PERRETTI CITY MANAGER A. Bryant Applegate, Esq. 4103 W. Atlantic Boulevard Coconut Creek, Florida 33066 Apt. 401 TELEPHONE (305) 722-5900 so A May 6, 1986 Dear Bryant: it is with extreme pleasure I offer you the position as City Attorney for the City of Tamarac. We discussed at our meeting the other day,the terms of employment, and I want to submit them to you in writing, so there is no mis- understanding as to what we agreed upon. 1. Starting salary $45,000 per year, and your starting date will be Monday, June 9, 1986. 2. Six (6) months probationary period. 3. After six (6) months probationary period, $5,000 increment, making your gross salary $50,000. 4. After six (6) months probationary period, you become eligible for the Executive/Managerial Benefit Plan, Resolution R-86-111 (enclosed). 5. Ninety (90) days after your starting date, you and your family would be eligible for a choice of one of our hospitalization plans. 6. Effective October 1, 1986 the start of our new fiscal year, you will either receive a car allowance or a car for your use. This will be determined by the Council when they approve the new fiscal budget. 7. if you are terminated by the Council, after the probationary period, you will be given two (2) months severance pay. If the above meets with your approval, please sign your name on the bottom of this letter. -1- AN EQUAL OPPORTUNITY EMPLOYER POLICY OF NONDISCRIMINATION ON THE OASIS OF HANDICAPPED STATUS Page -2- A. Bryant Applegate, Esq. May 6, 1986 Enclosed is an application that I would appreciate you complete as soon as Possible and submit to me. Please feel free, before your actual starting date, to visit the office. we will also send you minutes of areas of importance, to bring You up-to-date regarding certain issues. I am looking forward to working with you, and I feel very confident You will be an asset to the City. LP: mr Encl. APPROVED BY W 10,41,11 1204"WIN 4 9 A cc: Mayor & Council Finance Department Personnel Department Alan Ruf A Sincerely, CITY OF TAMARAC Larry Perretti City Manager