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HomeMy WebLinkAboutORD 83-53 ORDINANCE NO. ENTITLED AN ORDINANCE APPOINTING A CITY MANAGER AND ESTABLISHING THE COMPENSATION AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT THEREFOR; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 . Appointment That Karl Nollenberger be, and he is hereby , appointed City Manager of the City of Beaumont effective on and after June 22 , 1983, subject to the compensation, terms and conditions of employment contained in this ordinance. Section 2 . Powers and Duties That the City Manager shall have such powers and duties as shall be provided by the Charter of the City of Beaumont and by the general laws of the State of Texas, and as may be further provided by the City Council of the City of Beaumont. The City Manager shall devote his full business time and best efforts to the City of Beaumont and will engage in no outside employment other than the instructing of students at a university or through correspondence course work . Section 3 . Compensation That the City shall pay Nollenberger a base salary at the rate of $67,500 .00 per year for the period from June 22 , 1983 to September 30 , 1984, and thereafter at such rate as may from time to time be fixed by the City Council . In addition to the base salary above provided, the City shall provide Nollenberger the following: 1 . A car allowance of $300 .00 per month as compensation for the use of his personal automobile for City-related automobile travel within the metropolitan area. In addition to the car allowance herein provided, the City shall pay Nollenberger for use of his personal automobile for City-related travel outside the metropolitan area at the mileage rate then in effect for City employees. 2 . A monthly sum as compensation for the difference in interest rates between Nollenberger' s existing mortgage loan at the interest rate of 8 3/4% and the mortgage loan for his home to be purchased in Beaumont. The interest rate differential paid hereunder will be based upon the principal balance of Nollenberger' s existing mortgage on July 1 , 1983 . The interest differential shall be paid for a period of two years; provided, however, that should Nollenberger' s employment with the City of Beaumont terminate prior to the expiration of the term of two years herein provided, the interest rate differential shall not be paid beyond the date of termination of employment. Section 4 . Leave ( a) That Nollenberger shall accrue vacation leave at the rate of 18 days vacation per year beginning with the effective date of his employment as City Manager and continuing throughout his tenure in office; provided, however, that the City Council may , at any time, change the rate of accrual of vacation leave provided herein. Unused vacation leave may be accumulated and carried over from year-to-year; provided, however, that the total amount of vacation leave accumulated hereunder shall not exceed the total amount of vacation leave which may be accumulated by other non-contract employees of the City. 2 - ( b) That upon employment, Nollenberger shall be entitled to 30 days of sick leave. Additional sick leave will not begin to accrue until the end of 24 months of employment. At the conclusion of 24 months of employment, sick leave will accrue at the same rate as then in effect for other non-contract City employees. Section 5 . Retirement That the City shall continue its existing agreement with the International City Management Association Retirement Plan or enter into a new agreement with said plan and shall contribute monthly to said plan a sum equal to 7 .5% of Nollenberger' s base salary for his benefit. In addition to the City' s contributions to said plan, the City agrees to deduct from Nollenberger' s base salary and pay to said plan such amounts as he may from time to time request. Section 6 . Insurance That the City will provide such hospital and medical insurance and dental insurance for Nollenberger and his family as may be provided other non-contract employees of the City. The coverage will be in effect on July 1 , 1983, or the City will pay the premium for an individual policy arranged by Nollenberger. The City will pay the premiums for $100,000 of group term life insurance coverage for Nollenberger under his present group life plan or such other plan as may be arranged by the City. The City will pay the premiums for long-term disability insurance providing coverage for 60% of base salary . Section 7 . Expenses That the City of Beaumont recognizes that certain expenses of a non-personal and job-related nature will be incurred by the City Manager and shall reimburse Nollenberger for such reasonable expenses as may be incurred and as may be authorized through the annual budgetary process. - 3 - Section 8 . Moving and Relocation Expenses That the City will reimburse Nollenberger for reasonable moving expenses incurred in connection with the moving of household goods , including packing, unpacking , insurance, transportation, and other expenses for moving his family from Richfield, Minnesota to Beaumont, Texas. In addition, the City will reimburse Nollenberger for reasonable travel expenses incurred by Nollenberger and his wife for one trip to search for a home in Beaumont and for reasonable out-of-pocket living expenses for not more than two months for Nollenberger prior to the move of his family to Beaumont if he precedes his family to Beaumont because of housing availability. Nollenberger shall exercise his best efforts to move his family to Beaumont as soon as practicable after the effective date of his employment with the City. Section 9 . Additional Benefits That in addition to the benefits herein provided, Nollenberger shall be furnished such other benefits as shall be available to other non-contract employees of the City. The benefits herein provided may be increased by action of the City Council through the annual budgetary process or otherwise. Section 10 . Termination and Severance Pay That Nollenberger shall be an employee at will of the City and shall be subject to termination as provided in Article V, Section 2 of the Charter of the City of Beaumont. If the City terminates Nollenberger' s employment for any reason, the City shall nevertheless continue the base salary payments provided herein for a period of three months after such termination so long as Nollenberger does not engage in gainful employment for another employer or enter into self-employment; provided, however, that if such employment is 4 - terminated because of Nollenberger' s inability to continue as City Manager or because of misfeasance, malfeasance, or other misconduct in office, the base salary and benefits provided herein shall terminate upon the effective date of termination of employment. In the event that Nollenberger voluntarily resigns his position with the City, then Nollenberger shall give the City Council 45 days advance notice in writing. Section 11 . Authority of Mayor That the Mayor be, and he is hereby, authorized to make such payments and to execute, in behalf of the City of Beaumont, such instruments as shall be necessary to effectuate the terms of this ordinance. Section 12 . Severability That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 13 . Repeal That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont this �0 day of ��a v�. 1983 . - Mayor - 5