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.
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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
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K A.\BURI OU)GHS, " AYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:0PZnW'j fl
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APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
sBY:L L4,a
AGREED TO AND ACCEPTED BY:
STEVE SH ERD