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Home My WebLink AboutO-2002-2592 e . ORDINANCE NO. 2002- ~5't1- AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY 01' LA PORTE AND ROBERT T. HERRERA, MAICING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The city Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The Mayor is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. e e PASSED AND APPROVED, this 28th day of October, 2002. CITY OF LA PORTE By: ~R<~/~ N man L. alone Mayor ATTEST: ~ fl.fAJJJI Mart~a A. Gillet City Secretary Knox W. Askins City Attorney 2 e e AGREEMENT STATE OF TEXAS S S COUNTY OF HARRIS S THIS AGREEMENT, made and entered into effective October 14, 2002, by and between the CITY OF LA PORTE, a municipal corporation, hereinafter referred to as "City", and ROBERT T. HERRERA, hereinafter referred to as "Herrera". RECITATIONS City, as employer, and Herrera, as employee, have heretofore entered into an Employment Agreement dated August 27, 2001, wherein City employed the services of Herrera as City Manager under the terms and provisions of the Home Rule Charter of the City of La Porte. Herrera has submitted his resignation to City, effective October 14, 2002. Said resignation was accepted by the City Council of the City of La Porte at a regular meeting that began on October 14, 2002. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto agree as follows: 1. City shall pay to Herrera, as severance pay and liquidated damages, twenty-four (24) weeks salary and benefits, payable in installments over City's normal pay periods. In the event Herrera secures other employment during such 24-week period, the amount of such salary payment shall be reduced by the amount of salary payment received by Herrera from such new employment. Herrera shall be compensated for any accrued sick leave, vacation, and longevity accrual to and including October 14,2002. Herrera shall not be eligible for automobile allowance, e e Texas Municipal Retirement, or medical benefits for himself and his dependents, subsequent to October 14, 2002. City shall assist Herrera in applying for COBRA benefits, if desired. Herrera shall be eligible for dental and vision benefits through November 30, 2002. Herrera's group life insurance policy shall continue in force through October 30,2002. Herrera, at his option, may continue his executive life policy, $50,000.00 face amount, at his own expense. Nothing herein shall limit or prevent Herrera's right to retire from the City of La Porte and receive all retirement benefits to which he is or would be entitled to receive from the Texas Municipal Retirement System as a result of such retirement. 2. Each party to this Agreement, City and Herrera, releases the other party hereto, his or its agents, servants and employees, and all other persons, firms, corporations and parties, of and from any and all liability, actions, causes of actions, claims, demands, or suits whatsoever, which either party may now or hereafter have or claim to have, on account of or arising out of the employment of Herrera or the Employment Agreement between the parties dated August 27, 2001, and otherwise, whether arising out of tort or contract, or involving any impairment or damage to any right, including but not by way of limitation, rising out of said employment or Employment Agreement. 3. This Agreement shall become effective commencing October 14, 2002, and shall constitute the entire agreement between the parties. 2 , , e e WITNESS OUR HANDS, effective the 14th day of October, 2002. CITY OF LA PORTE By: ~v--- orman L. Malone, Mayor "City" and "Employer" ATTEST: ~L ,l!11lJ.' Martha Gillett City Secretary cx~\. ~~ ROBERT T. HERRERA "Herrera" and "Employee" 3 . ' e TELEPHONE: '(281) 428-2200 John D. Armstrong Askins & Armstrong, P.C. Attorneys at Law 702 W. Fairmont Parkway P.O. Box 1218 LaPorte, Texas 77572-1218 RANDALL B. STRONG ArrORNEY AT LAW SUITE 306 '1515 N, ALEXANDER BAYTOWN,TExAS77520 November 8, 2002 . (1-:-::."", /-::' , ' ' I 'I " ,\../'" .' ............. ....::> lffii~ lC ~ ~ w rID) \ (i.llp{)~ I',....I/.""'~ & ARMSTRONG P.C. .Re: Agreement between the City of La Porte and Robert T. Herrera Dear Mr. Armstrong: Enclosed please find one copy of the above agreement signed by all parties, The other signed copy has been retained by Mr, Herrera. Please call if you have any other questions regarding this matter. RBS/lp c Robert Herrera c:\...\herreralannslrong.OO I ~:.~~ Randall B. Strong "'1f& -"., t'll"... ,. il.._: