83-005 RES COP HAS BEEN WITHOUT A PERMANENTLY APPOINTED CITY MANAGER SINCE RESIGNATION OF ROBERT E SOKOLL ON 13TH OF SEPTEMBER 1982RESOLUTION NO. 224$ %3 - Qp 4
WHEREAS, the City of Paris has been without a perma-
nently appointed City Manager sirice the resignation of
Robert E. Sokoll on the 13th day of September, 1982; and,
WHEREAS, the City Council of the City of Paris, acting
as a committee of the whole has reviewed applications from
prospective City Managers and interviewed many of the same;
and,
WHEREAS, the City Council of the City of Paris, deems
it to be in the best interest to the City of Paris that
David H. Doty be employed as the City Manager of the City of
Paris upon the terms and conditions and in the form of
Professional Services Contract attached hereto as Exhibit A,
and such form should be approved; NOW, THEREFORE,
BF IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS
that David H. Doty, be, and he is hereby appointed and hired
as City Manager of the City of Paris; and,
BE IT FURTHER RESOLVED, that the Mayor of the City of
Paris, Joe Graham, be, and he is hereby authorized and
directed to execute, on behalf of the City of Paris, the
Professional Services Contract for City Manager of the City
of Paris, upon the terms and conditions and in form shown in
Exhibit A attached hereto, with David H. Doty.
Passed and adopted this 7th day of February, 1983. ja-'rn .2
oe Graham, Mayor
ATTEST:
n - m '
J r . McCollum, Acting City Clerk
APPROVED AS T'U FORM:
T. K.
nes, c:ity Attorney
EXHIBIT "A"
PROFFSSIONAL SERVTCE CONTRACT
STFTE OF TEXAS g
KNOW ALL MEN BY THESE PRESENTS:
COCJT7TY OF LANiAR ~
That the City of Paris, Paric>, Texas, a municipal
corporation, hereinafter referr_eci to as CIrlY and
David H. Doty, a ci_tizen of the State of Texas, her_einafter
referred to as DOTY da cantract ana agr_ee as foll.cws:
l. For and in cansideration of salary payment and
other specific payments and other cor.sideraticn hereinafter
nlentionEd ta be made by CITY, DC)TY agrees to act as City
Nlanager for CITY and to carry out, to the best of his
ability, a'Ll the duties imposed upon him by the CYiarter of
the City of Pari_s, the laws of the State af Texas, and such
other_ duties as t:he City Council of the City of Paris may,
from time to t.i_me, requi.re of him.
2. This contract sha'Ll be subject to all the pro-
visions of t..he Charter of the City of Paris.
3. A. The ini.tial term of employment shal]_ start as
soon as is reasonably possible for DOTY to secure
appropr'Late housing within the corparate limits of the
City of= Paris, but i.n no event shall it begin later
that Apri1_ l, 1983 and shall end June 30, 1986.
B. Durinq the month of June, 1985, the CITY will
deterr.line whether or not thi-s r:c,reement will terminate
at the end of the initial term and so notify DOTY. In
the nver.t: that writ-t.en notice is rlat given to DOTY,
prior to Jul.y 1, 1985, this a.greement is extended f_or
one (1) year wliich begins July l, 1986 ar:d ends June
30, 1987.
C. In the everit the term is extended into the
eytended term, the City will, during the month of June,
1986, deterrninc if it wishes to r.egotiate another
agreement with DOTY and if so, will present a proposal
in the forrn of aprofessional services agreement to
DOTY prior to JulV . 1986, and DOTY shall accept or
reject such p,-c;posa.ll- prior to Jan,aary l, 1987.
4. A. DOTZ" S montlil.y 1v.),,c° pay for the initial term
s h a17_ be a s f a?_ l. ow ~S:
F'rr.m date (D:i emplayment to June 30, 1983,
$3,334.U0;
I'rc) July I,, 1983 through June 30, 1984,
$ q , 0 0 C. (`C!;
F3. DGTY' S morithly ba se pay for each budget year
thereafter_ shall bc! established as part of the buciget
process arinually.
C. CTT1" S F'i_nance Lirector is authorized and
directed to make adjustr„ent:s neceCsary so that DOTY` S
base pay is apportionecl in whcl.e clollar amount_, «s part
of tlic: regular CITY payroll,
5. A. The CI'I"Y will make monthly deposits in DCTY' S
accaunt with txie Internati.onal City I0lan<<aement
Associat:.ian Retirement Corporatien in the ioIlowirig
amounts :
Durinq 1983, 7.50 of DOTY'S base pay;
During 1584, 7.50 of DOTY'S base pay;
Du.ring 1985 and thereafter 7.5% of L`cty's
base pay.
B. DOTY will not participate in the CITY'S
ret:zr.ement proc;ram for othe.r employees,
6. A. CITY will pay DOTY monthly in advance,
$500.00 for_ an auton,obile allowance dur.;_ng the term(s)
of thi.s agreement.
B. In additiori to trie araount provided in Section
6A, the CITY wil.l r-eimbursF DOTY for all bu4iness use
of his automob i_l_e for all t.rips in excess of 250 miles
round trip, at the rate of 3~ of the IRS mileage
al_a.owance.
C. C?:lY wil.l p?~-ovice ar.d ma:_ntain a mobile, two
wav racl?_c `:or DOT".v."'S u:,e in commt.nyrating with the
appropriate CII'Y r.}c?io sYsteir((.>).
D. D0`i'Y wil?_ pxovide i'!lsurance to pr.otect the
C:ITY iri t,1e n;inimun; amount requir_ed by law.
E. CT`1'Y ancJI DOTa ca.n mocliiy this Sectiori of this
agreement bv mutua.l cor.sent withaut such modification
being considered an agreement amendment.
i. CITY will pravide a term life insurance policy for
DOTY'S be;riefit in the maximum amount available at standard
r_utes to a maximum af $40,000.00
a. In li.eu of var,ation time, erlergency leave time,
educat.ional leave time arid overtime compensation, DOTY will
receive annual leave time at the rate of two (2) days per
eac°h morith of ernp)_oyment. Stich annual 1_eave may be t.aken as
earned and. is to have a n,aximum, unused accrual of 60 days.
9. A. CITY will pay the actual cost, including
maximum allowable insurance, for moving DOTY'S personal
property to aplace of his cho~ce i_n CITY.
B. CITV will reimburse DCTY far 1iis and his
wife's ac:tual experses for trGvel, food an.d lodging for
one trip, not to exceed three days, to CITY irom
Bellaire, Texas, for the purpose of locating and
securi.r?g living accommodations within CITY.
C. Starting April l, 1983 and continuir.g for a
maYimum of six month,>, CITY wil_1 pay DOTY a$6C0.00 per
month, housinc~ allowance until title to his Bellaire
r°esidence i_s transfer•red to another party.
10. CITY wi1l' pati andJor reimburse DOZ'Y for all
exp+_.nses re!Ut:eci to ti:e ccr.duct of CI'i'Y business ir.cluding
but nct limited t.c the fa=l.lowin~, :
~o:_y'`s, acsaci.at+,~(:i wi.tn membership in a local
service r_.:Lub; mem.bE: r-shi.p in the International City
1,1anagement, Associat:i.orz, 2'exas City Management Asso-
ciation arct American Society f.or Ptiblic Admir.istration
the cost of annual_ participation in a professional
development seminar wi.th a duration of one week or
less; fees associated witYi ar,d the cost oi travel
lodqing and foad ''or DOTY' S and }zis wife' sattendanee
at anniial Internatior.al Ci+,=.y Management Assaciation
meetings, Texas Ca.ty Managemezlt Assor.iation meeting and
T e x as Municipa]_ Leaque meetinqs within the 48
conti.guous states.
11. Except as otherwise provided herein, DOTY will
receive all benefits customaril_y provided other CITY employ-
ees including but not ].imited to sick leave, holidays health
insui:ance and wcr};man's compensation.
12. A. CITY reserves the unilater.al right to
terminate this agreement at any time for cause. Cause,
as used herein, means conviction of a felony or an
offense involving moral turpitude, gross negligence or
gr.oss mal.feasance tn performarice of lawful duties.
Such terrnination will follow the procedure established
in the CITY'S Charter and afford DOTY due process.
B. CITY additiorzally reserves the unilateral
right to terminate th.is agreement at any time by paying
the balance oi its commitments under this agreement.
In such case, DOTY waives the City's Charter provisians
deaiirg with the discharge of its City Manager.
C. Fxcept as herein provided, DOTY reserves the
unilatera_i_ right to terminate this agreement by giving
90 day:; riotice of such termination to the CITY. If
DOTY elects 1_o so terminate this agreement between
October l, 1983 and 7une 30, 1985, he shall wittYin 60
days ot such terminat-.ion r_epay CITY alI benefits he has
received under Section 9C herein,
D. If this agreement is not extended through the
subsequent terr«, DOTX may terminate the agreement by
giving 30 days notice of such t.ermination.
E. If the pr.aposed agreement identified in
Section 2D is not tirnely offered, or if DOTY rejects
such proposa.l, he may terminate this agreement by
qiving 30 days notice of such termination.
F. iietween t1.7e execution of this agreement and
P.ugust 31, 1983, eit.her party herete may terminate this
agreemKent by delivery of notice of such termination to
the other par_ty. The affirmative vote of fi.ve (5)
council members in a regularl_y scheduled meeting with
seven (7) members present are required to terminate
this agreemen'-- under this provisiori.
13. A. This agreement can be amended at anv time by
the mutual cansent of the parties hereto.
B. Any unilateral amendment of this agreernent
shall be considered to be a termination of_ this
agreement under terms and conditions provided in
Sectior 12.
Entered into this 7th day of February, 1983.
CI^tY OF PARIS
BY:
Joe Graham, Mayor
ATTFST:
H. C. Greene, CitylClerk
APPROVED AS TO FORM:
. K. Haynes, City Attorney
David H. Doty