Resolution 2021-35' RESOLUTION NO.2021-35(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS
APPROVING PAYMENT IN EXCESS OF CONTRACTUAL AMOUNT IN
COMPLIANCE WITH TEXAS LOCAL GOVERNMENT CODE SECTION 180.007
WHEREAS, the City Council of the City of Wylie, Texas ("City Council") received the resignation
of Mr. Chris Hoisted ("Hoisted"), City Manager of the City of Wylie, Texas.
WHEREAS, the City Council finds Hoisted provided approximately twenty (20) years of public
service to the City of Wylie, Texas, including but not limited to, serving as the City Manager requiring him
to be available at all times to the City Council.
WHEREAS, the City Council finds a one-time lump sum payment totaling $41,231.96 ("Payment")
included as part of the consideration within the Severance Agreement ("Agreement") with Hoisted,
representing additional payment in excess of any contractual amount due Hoisted under his employment
agreement, will serve a City public purpose;
WHEREAS, the City Council finds the Payment will provide adequate consideration for Hoisted's
execution of a severance agreement, including a full release of claims;
WHEREAS, the City Council finds the Payment will serve a necessary City purpose by limiting
the City's potential costs and fees associated with Hoisted's resignation;
WHEREAS, the City Council finds the Payment from the General Fund will be made following
the expiration of ten (10) business days from the date the City Council holds a hearing in compliance with
Section 180.007 of the Texas Local Government Code and approves a severance agreement with Hoisted,
including a full release;
WHEREAS, the administration of the City of Wylie, Texas, will follow established procedures for
use of the identified funds by placing sufficient controls on such expenditures that effect and maintain the
public purpose served by making the excess payment; and
WHEREAS, the City Council has investigated and determined that the passage of this Resolution
complies with Texas Local Government Code Section 180.007 and other applicable laws.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body
of this Resolution as if fully set forth herein.
SECTION 2: Savings/Repealing. All provisions of any resolution in conflict with this
Resolution are hereby repealed to the extent they are in conflict. Any remaining portion of conflicting
resolutions shall remain in full force and effect.
SECTION 3: Severability. Should any section, subsection, sentence, clause or phrase of this
Resolution be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly
' provided that any and all remaining portions of this Resolution shall remain in full force and effect. The
City Council hereby declares that it would have passed this Resolution, and each section, subsection, clause
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or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and I
phrases be declared unconstitutional or invalid.
SECTION 12: Effective Date. This Resolution shall take effect immediately from and after its
passage.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, on this 181 day of October, 2021.
Matthew Porter, Mayor
ATTEST:
Storm, City Secretary
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