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HomeMy WebLinkAboutR2009-037RESOLUTION NO. 2OD9- D A RESOLUTION OF THE CITY OF DENTON, TEXAS, REGARDING THE TERM OF THE EMPLOYMENT AGREEMENT, DATED JUNE 5, 2007, BETWEEN THE CITY OF DENTON AND THE CITY AUDITOR, SAID TERM PROVIDING FOR AUTOMATIC RENEWAL OF ONE YEAR UNLESS A WRITTEN NOTICE OF NO LESS THAN THIRTY 30) DAYS IS PROVIDED PRIOR TO JANUARY 1, 2010 WHEREAS, the City of Denton, Texas, a Texas municipal corporation, hereinafter called Employer" and the City Auditor, Steve Shepherd, hereinafter called "Employee" entered an Employment Agreement on June 5, 2007; and_ WHEREAS, said Employment Agreement between Employer and Employee appointed Mr. Shepherd as City Auditor of the City of Denton and as a City Council appointee; and WHEREAS, said Employment Agreement provides a term wherein the Employee agreed to remain in the employment of Employer, that term being until January 1, 2010; and WHEREAS, Employer and Employee now desire to change the term of the Employment Agreement to end on March 1, 2010 rather than January 1, 2010; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City Council, as Employer, does hereby authorize the Mayor to enter an amendment to the above referenced Employment Agreement to extend the term of said agreement to March 1, 2010. SECTION 2. This Resolution shall become effective immediately upon its passage and approval. st PASSED AND APPROVED this the day of 41,4el&4tl , 2009. MA A. O ~ O GHS AYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY:Iz~ FIRST AMENDMENT TO EMPLOYMENT AGREEMENT This First Amendment to that certain Employment Agreement which was made and executed on June 5, 2007 by and between the City of Denton, Texas, a Texas municipal corporation, hereinafter called "Employer", and Steve Shepherd, hereinafter called Employee", both of whom agree as follows: Witnesseth Whereas, Employee and Employer deem it to be in the mutual interest of both parties to amend that certain Employment Agreement referred to hereinabove: Now, therefore, in consideration of the mutual covenants contained therein, the parties agree as follows: SECTION 1. Section 2 C of the said agreement is hereby amended to read as follows: C. Employee shall assume the duties of a City Council appointed Internal Auditor on June 18, 2007 and agrees to remain in the exclusive employ of Employer until March 1, 2010, and neither to accept other employment nor to become employed by any other employer until this agreement is terminated by either party as provided herein. This agreement shall automatically renew for successive one year terms unless Employer gives Employee at least 30 days written notice of termination prior to such one year extension. The term "employed" shall not be construed to include occasional teaching, writing, or consulting performed on Employee's time off, so long as it is approved in accordance with Section 8 hereof. Section 2. All other provisions of the said Employment Agreement shall remain in full force and effect. IN WITNESS HEREOF, the Mayor as duly authorized by the City Council on behalf of the City of Denton, has signed and executed this agreement and the Employee has signed and executed: this agreement, both in duplicate, this 1St day of December, 2009. CITY NTON MA k K A.\BURI OU)GHS, " AYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY:0PZnW'j fl jajQ~ 61 D4 ic"'d APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY sBY:L L4,a AGREED TO AND ACCEPTED BY: STEVE SH ERD