82-R-543'
. RESOLUTION NO. 82-R-54
A RESOLUTION AUTHORIZING THE OFFICIALS OF THE
CITY OF EDGEWATER, FLORIDA TO PROVIDE A CERTAIN
AGREEMENT WITH JOSE B. ALVAREZ, CITY ATTORNEY
OF THE CITY OF EDGEWATER, FLORIDA; REPEALING
ALL RESOLUTIONS IN CONFLICT HEREWITH AND PRO-
VIDING AN EFFECTIVE DATE.
WHEREAS, the City of Edgewater, Florida, has determined that
it is in the best interest of .the citizens of the City to provide
for an Agreement between. the City .and Jose B. Alvarez as City
Attorney of the City of Edgewater, Florida, in order to promote
stability and continuity in government, and
WHEREAS, a certain Agreement between the City and Jose B.
Alvarez as City Attorney of the City of Edgewater, Florida, has
been executed, a copy .being attached hereto and marked as Exhibit
„1"
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA:
SECTION 1. The appropriate officials of the City of Edgewater,
Florida, are hereby authorized to provide the attached Agreement
between the City and Jose B. Alvarez as City Attorney of the City
of Edgewater, Florida, to provide for the following:
A. The salary of the City Attorney of the City of
Edgewater, Florida shall not be reduced during the
term of this Agreement.
B. This Agreement is to be automatically renewed for a
period of two (2) years upon expiration, unless the
.City Attorney is notified thirty (30) days prior to
Agreement termination.
SECTION 2. That all resolutions or parts of resolutions in
conflict herewith be and same are hereby repealed.
SECTION 3: That this resolution shall take effect immediately
upon its adoption by the City .Council and approval as provided by
law. �7Q� /
This Resolution was introduced by Mr. QI I-��
The Resolution was read in full and passed by a majority vote
of the City Council of the City of Edgewater) Florida, I
a regular
meeting of said Council held on the 7�. ��.. day o
1982, and approved as provided by law.
This vote on the above and foregoing Resolution No.
82-R-54 following first reading
/!thereof was as follows:
�
MAYOR
Robert H. Christy
ATTEST:
OO �
COUNCILMANZqNE ONE
i a
ZONE TWO COUNCILMAN
rc,
David C. Ledbetter
E4�cL�
ZONE THREE COUNCILMAN
Wilbert Pendleton
'FOUR' COUNCLMAN
n Wilbur
Authenticated this �2/day of
1982.
MAYOR
Approved for legality and form:
LVAREZ
CITY ATTORNEY
r
"EXHIBIT
1"
V
�
AGREEMENT
This agreement, made this 28th day of September, 1982, by
and between the City of Edgewater, a municipal corporation, organized
and existing under the laws of the State of Florida, hereinafter
called the City, and Jose B. Alvarez, of Volusia County, Florida,
a member of the Florida Bar Association, practicing the profession
of law in Volusia County, Florida, hereinafter called the Attorney.
WITNESSETH:
For the considerations hereinafter set forth, the parties
agree as follows:
1. The City hereby employs the Attorney as City Attorney
for the City of Edgewater, Florida, for a term of two (2) years from
the effective date of this Agreement at a gross minimum fee of
one thousand dollars ($1,000.00) per month. Said compensation shall
be due on the first day of each month and shall not be reduced
during the term of this Agreement.
2. The Attorney agrees and will obligate himself to faith-
fully represent the interest of the City as its attorney for the
aforesaid period and shall do and perform the following legal services:
a) Attend all scheduled regular and special meetings
of the City Council.
b) Prepare all ordinances, resolutions, and attest to
their legality.
c) Provide legal opinions when requested by the City
Council or the City Manager.
d) Confer with members of the City Council and City
Manager, upon appointment; and with members of
various city consultants and city boards when
referred for appointment by the City Council Cr
the City Manager and with Department Heads and
other city employees Cwhen referred for appointment
by the City Manager
3. To prosecute or defend all actions affecting the City's
interest in all courts and to undertake any other special project
as instructed by the City Council or the City Manager at a fee of
thirty-five dollars ($35.00) per hour.
4. After a period of twenty-four (24) months following the
execution of this Agreement, the City Attorney may terminatethis
Agreement by giving the City thirty (30) days notice of intention
to terminate same. Thirty (30) days after said election, this
Agreement shall be void.
5. Prior to the termination of this Agreement, the City
Council may not dismiss the City Attorney except under the following
procedures. First, the Council by a 3/5ths vote may suspend the
employment of the City Attorney when it comes to their attention
that he has been charged by information or indictment with violation
of a criminal offense under the laws of Florida or of the United
States. Second, the City Council by a 4/5ths vote following a public
hearing may only dismiss the City Attorney for a substantial act
which constitutes misfeasance, malfeasance, or nonfeasance, as those
terms reflect the law of the State of Florida. Prior to dismissal,
the City Attorney shall be informed of charges against him upon
written affidavit, and within a reasonable time thereafter, a hearing
shall be conducted by the Council on the sufficiency of the charges
or complaint.
6. Termination of this Agreement other than above shall
constitute an arbitrary firing or dismissal. In such event, the
City shall be liable to the City Attorney in liquidated damages
for a sum equal to the balance of his fee referred to in paragraph 1.
7. This Agreement shall take effect upon adoption of a
Resolution authorizing the appropriate officials to execute same
and shall be automatically renewed for a period of two (2) years
upon expiration unless the City Attorney is duly notified thirty
(30) days prior to Agreement termination.
-2-
8. This Agreement may be modified by future agreements
between the City and City Attorney adopted in the form as herein
executed.
IN WITNESS WHEREOF, the City Attorney and appropriate
officials of the City have hereunto set their hands and seals for
the purposes hereinabove expressed this 28th day of September, 1982.
O
ATTEST:
f
City Cle ��C'/7 _4G.K)
Approved {o legality and form: