2011-R-64 - City Manager's John Kessel Amendment to ContractRESOLUTION NO. 11-R-G4
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHIiaRTZ, TEXAS AUTHORIZING AN AMENDMENT TO THE CITY
MANAGER'S EMPLOYMENT AGREEMENT WITH JOHN C. KESSEL,
AND OTHER MATTERS IN CONNECTION THEREWITH
WHEREAS, the City Council of the City of Schertz (the "City"} has recommended that
the City enter into an amendment to the City Manager's Employment Agreement relating to an
increase in compensation; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
enter into the First Amendment to City Manager Employment Agreement attached hereto as
Exhibit A (the "Amendment").
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
Section 1. The City Council hereby authorizes the Mayor to execute and deliver the
Amendment to City Manager John C. Kesel in substantially the form set forth on Exhibit A.
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for alI purposes and are adopted as a
part of the judgment and findings of the City Council.
Section 3. All resohitions, or parts thereof, which are in conflict or inconsistent with
any provision of this Resalution are hereby repealed to the extent of such conflict, and the
provisions of this Resalution shall be and remain controlling as to the matters resolved herein.
Section 4. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America•
Section 5. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this Resolution would have been enacted without such invalid
provision.
Section 6. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resalution, was
given, all as required by Chapter 551, Texas Government Code, as amended.
Section 7. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
50465014.1
PASSED AND ADOPTED, this 13"' day of December, 2011.
CITY OF SC RTZ, TEXAS
Mayor
ATTEST:
City Secretary
(CITY SEAL)
54465014.
EXHIBIT A
TIRST AMENDMENT
TO
CITY MANAGER EMPLOYMENT AGREEMENT
50465014.1 A-j
FIRST AMENDMENT
TO
CITY MANAGER EMPLOYMENT AGREEMENT
This FIRST AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT
effective as of December 6, 2011 (this "Amendment") is between the City of Schertz, Texas, a
political subdivision of the State of Texas (the "City"), and John C. Kessel, an individual (the
"City Manager"}.
WHEREAS, the City has previously entered into a City Manager Employment
Agreement dated as of June 1, 2011 {the "Employment Agreement") with the City Manager; and
WHEREAS, the City Council has agreed to increase the City Manager's compensation.
NOW THEREFORE, in consideration for the mutual representations, warranties,
covenants, and conditions exchanged herein, the City and the City Manager agl•ee as follows:
Section 1. Compensation Amendment. Section 4{a) of the Employment Agreement
is hereby amended to increase the City Manager's compensation for the remaining term of the
Employment Agreement to an amount equal to the remaining number of bi-weekly pay periods
of the total annual 26 pay periods of an annualized salary of One Hundred Fifty Thousand and
no/100 Dollars ($150,000}, or approximately $5,769.23 per pay period.
Sectian 2. Employment Agreement Nat Otherwise Amended. Except as set forth
in this Amendment, the Employment Agreement is not otherwise amended and remains in full
force and effect.
Section 3. Governing Law. This Amendment shall be construed in accordance with
the laws of the State of Texas.
IN WITNESS WHEREOF, this Amendment has been executed as of the date first above
written.
CITY OF SCHE TZ, TEXAS
By: ~~
Hal Baldwin, Mayor
CITY MANAGER
By:
John C, Kessel
50465424.1