94-27 v RESOLUTION NO. 94-27
A RESOLUTION OF THE CITY OF ATLANTIC BEACH APPOINTING
ALAN C. JENSEN AS CITY ATTORNEY, FIXING HIS DUTIES AND
RATE OF COMPENSATION, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Sec. 31 of the Charter of the City of Atlantic Beach
requires the City Commission to appoint a City Attorney, and
WHEREAS, Alan C. Jensen has served as City Attorney from July,
1982 , through June, 1983 , and from November 1, 1989, to the present
time, and
WHEREAS, the City Commission desires to appoint Alan C. Jensen
as City Attorney and to fix his duties and compensation, including
certain benefits.
NOW THEREFORE, be it resolved by the City Commission of the
City of Atlantic Beach as follows:
SECTION 1. Alan C. Jensen, having previously been appointed
Atlantic Beach City Attorney ("City Attorney") , shall continue in
said position beginning October 1, 1994 , according to the terms as
set forth herein. The City Attorney shall perform the functions
and duties specified in Article V of the City Charter and such
other legally permissible and proper duties and functions as the
City Commission shall from time to time assign.
SECTION 2 . The City shall pay to the City Attorney a monthly
retainer in the amount of Two Thousand and 00/100 Dollars
($2 , 000. 00) , which sum shall be paid monthly by the tenth (10th)
day of each month. In return for said payment, the City Attorney
shall perform all legal work for the City as required by the City
Charter, excluding litigation. The City Attorney' s work, in return
for said retainer, shall include, but not be limited to: attendance
at all regularly scheduled and specially called meetings of the
City Commission; attendance at all regularly scheduled and
specially called meetings of the Community Development Board;
attendance at meetings of the Code Enforcement Board, at which the
City Attorney shall advise the Board; preparation of all resolu-
tions, ordinances and contracts; being available for legal
consultation with the City Manager, Clerk, all Commission and Board
members, and any other City personnel on an as-needed basis; review
of any and all documents received by the City on an as-needed
basis; and collective bargaining. The City Attorney shall also
prepare and review with necessary City personnel all proposed
ordinances prior to presentation to the City Commission, shall meet
on an as needed basis for such purpose and shall serve on any
committee established by the City Commission for such purpose. The
City Attorney shall submit written quarterly reports regarding the
status of all litigation and other legal activities involving the
City, and shall provide written legal opinions on any matters when
requested by any member of the City Comission.
In addition, the City agrees to set the monthly retainer set
forth above, the hourly rate set forth below, and/or other benefits
to the City Attorney in such amounts and to such extent as the City
Commission may determine is desirable to do so on the basis of an
annual salary review of employees made at the same time as similar
consideration is given for other employees generally.
SECTION 3. As a separate aspect of the City Attorney's
employment hereunder, as to all litigation brought against the City
or which is authorized by the City to be brought on its behalf, the
City Attorney shall be paid an hourly rate of One Hundred Twenty
Five and 00/100 Dollars ($125 . 00) . In addition, the City Attorney
shall be reimbursed for all out-of-pocket expenses as are reason-
ably expended in support of the litigation. The City Attorney
shall render bills to the City for litigation fees and costs on a
monthly basis, and such bills shall detail work performed and time
spent. The term "litigation" as used herein shall involve actions
before any court of law or administrative body other than an
administrative body of this City.
SECTION 4 . At such time as legal services may be needed in
connection with the issuance of municipal bonds or in connection
with any other specialized area of the law, the City Attorney shall
assist the City in obtaining bond counsel or other specialized
counsel, as is necessary, at a reasonable rate of compensation.
The City Attorney shall receive compensation in connection
therewith only for actual services rendered, at the hourly rate
authorized herein, and billed to the City as required herein.
SECTION 5. The City agrees to provide and pay for full major
medical health insurance for the City Attorney and his family under
its existing or any future group health plan.
SECTION 6. The City may terminate the employment of the City
Attorney hereunder without notice
(a) upon the City Attorney' s failure to promptly and
adequately perform the duties required of him by the City, such
performances to be judged by the City Commission, or
(b) upon the City Attorney' s breach of any provision
hereof, or
(c) for other good cause which shall include, but shall
not necessarily be limited to, habitual absenteeism, a pattern of
conduct which tends to hold the City up to ridicule, conduct
disloyal to the City, conviction of any crime of moral turpitude,
and substantial dependence on any addictive substance.
SECTION 7 . The City may terminate the employment of the City
Attorney hereunder without cause provided that any termination or
removal of the City Attorney shall be in accordance with the
provisions of the City Charter. In such event, the City Attorney
shall continue to be paid his salary and benefits for at least one
hundred eighty (180) consecutive days from any preliminary notice
of termination without cause.
SECTION 8. This Resolution shall take effect immediately upon
its final passage and adoption.
PASSED by the City Commission this 22nd day of August, 1994 .
ATTEST:
4::
MAEEN KING I
L' • •N T. FL CHER
City Clerk Mayor, Presiding Officer
Approved as to form and correctness:
/ ,
AN C. SEN, ESQUIRE
City A orney
I hereby accept employment as attorney for the City of Atlantic
Beach under the foregoing provisions.
i��•N C SEN
DATE: ./ 1: - 9