HomeMy Public PortalAbout030-1980 - ORDINANCE OF THE CITY AUTHORIZING AND EMPOWERING ITS BOARD OF AVIATION COMMISIONERS TO TERMINATE AN EMPLOYMENT AGREEMENT OF EUGENE SMITH AND MATTERS RELATING THERETOGENERAL ORDINANCE NO. 30-1980
AN ORDINANCE OF THE CITY OF RICHMOND, INDIANA
AUTHORIZING AND EMPOWERING ITS BOARD OF AVIATION
COMMISSIONERS TO TERMINATE AN EMPLOYMENT AGREEMENT
OF EUGENE R. SMITH AND MATTERS RELATING THERETO.
WHEREAS, a certain lease termination agreement was made and enter-
ed into the 20th day of December 1918 by and between Sky Tech, Inc.,
as Lessee, and the City of Richmond through it's Board of Aviation
Commissioners, as Lessor; and,
WHEREAS, Paragraph No. 1, Subparagraph vii and all subparagraphs
thereunder, provided for the employment of Eugene R. Smith as part of the
consideration for said agreement; and,
WHEREAS, it has been determined by the Board of Aviation Commiss-
ioners that it is in the best interest of the Airport that Paragraph 1■
Subparagraph vii and all subparagraphs thereunder, be cancelled and
terminated; and,
WHEREAS, the Board of Aviation Commissioners of the City of
Richmond have negotiated an agreement with Eugene R. Smith for the
cancellation and termination of said Paragraph 1, Subparagraph vii and
all subparagraphs thereunder, and a mutual selcasc of all claims there-
under, a copy of which agreement is attached hereto as Exhibit "A" and
by reference made a part hereof.
NOW THEREFORE, BE IT ORDAINED by the COMMON COUNCIL of the City
of RICHMOND, INDIANA■ that:
1. The agreement fox the termination of Paragraph 1, Subparagraph
vii and all subparagraphs thereunder, of the lease termination agreement
between Sky Tech, Inc. and the City of Richmond made and entered into
the 20th day of December 1978, should be and is hereby approved; and,
2. That the Mayor and the Board of Aviation Commissioners of the
City of Richmond are hereby authorized, empowered and directed to
execute and carry out the terms of said agreement, Exhibit "A" hereof.
3. This Ordinance shall be in full force and effect upon and
after its passage by the Common Council of the City of Richmond, Indiana,
signature of the President of Common Council affixed, submission to
and approval by the Mayor of said City and publication as by law re-
quired and approval of all Statutory Boards.
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PASSED by the Common Council of the City of Richmond, Indiana, this
day of 1980.
Pr ent of Comm n—Counc
ATTEST:-- SL
_
CQt�qlerk
PRESENTED by me, Jo Ellen Trimble, City Clerk to the Mayor of the City
of Richmond, Indiana this c-20 C�i—_day of
City Clerk
,APPROVED by me, Clifford J. Dickman, Mayor of the City of Richmond,
Indiana, this -a7;L L—day of , 1980.
ATTEST:
AGREEMENT
ACRE.EMENT, made by and between The City of Richmond, a municipal corporation
of the State of Indiana, by its Board of Aviation Commissioners ('CITY"), Sky -Tech,
incorporated ("COMPANY"), and Eugene R. Smith of Richmond, Indiana, ("SMITH").
WITNESSETH:
WHEREAS, The City, Company and Smith entered into a certain Agreement dated
}December 20, 1978, wherein for certain consideration agreed to by the parties the City
and the Company agreed to cancel and terminate a certain Lease between the City and the
Company dated April 29, 1959, and wherein the City agreed to employ Smith for a period
of live (5) years at an annual salary of Thirteen Thousand Two Hundred Dollars ($13, 200.00)
payable in equal weekly installments, together with'such other fringe benefits, all as is set
forth in said Agreement dated December 20; .1978, which said Agreement is incorporated
herein; and,
WHEREAS, The City and Smith are desirous of terminating such provisions relating
to the employment of Smithy that is Subparagraph vii, and all subparagraphs thereunder, of
Paragraph 1 of the Agreement dated December 20, 1978; and the parties desire to set forth
and delimit the terms and conditions of such termination of employment.
NOW, THEREFORE, in consideration of the premises, the mutual covenants herein
contained and each act done pursuant hereto by the parties, it is hereby covenanted and.
agreed by and between the parties as follows:
1. The parties hereto agree to cancel and terminate and do hereby cancel and ter-
minate the employment provisions of the Agreement dated December 20, 1978, namely,.
Subparagraph vii, and all subparagraphs thereunder of Paragraph 1 thereof, effective upon
the 29th day of February, 1980.
2. The City agrees to pay Smith, his heirs and personal representatives, in con-
sideration for his agreement to so terminate,. the sum of Twenty -Five Thousand Dollars
($25, 000.OD) in the following manner:
A. The sum of Ten Thousand Dollars ($10,000.00) cash on or before April 10,
1980.
EXHIBIT "A"
S. The balance thereof, Fifteen Thousand Dollars ($15, 000.00), shall be paid
in two (2) equal installments of Seven Thousand Five 1-lund.red Dollars &$7, 500.00) each oix
or before January 15, 1981 and on or before January 15, 1982, with interest at the ra.tc of
six percent (67,) per annum.
3. The City further agrees that it will reimburse or cause to be reimbursed to
Smith the cost of the comprehensive medical and hospital insurance policy which it agreed
to P-rovide under the Agreement dated December 20, 1978, and. which is now in full force
and effect, for the entire month of March, 1980. It is further understood and agreed that
it shall be responsible for and agrees to pay or cause to be paid the two (2) payments
heretofore made by Smith for which he has not been reimbursed in the amount of Two .
Hundred Fifty Dollars (.$250.00) and which the City was obligated to provide.
4. This Agreement is made and entered into subject to the approval and funding
of this Agreement by the Common Council of the City of Richmond, Indiana.
5. In the'event that the Common Council of the City of Richmond, Indiana does not
approve this Agreement and provide for the funding thereof on or. before March 21, 1990,
this Agreement, at the option of Smith, juay he terminated and declared null and void; and
in such event Smith shall return to work In the capacity he had heretofore occupied and as
described in the Agreement dated December 20, 1978; and Smith shall be reimbursed for
all back pay from February 29, 1980 to the date that he shall so return to work.
b. The termination of the provisions under Subparagraph vii, and all subparagraphs
thereunder, of Paragraph 1 of the Agreement dated December 20, 1978, shall not affect any
of the rights or obligations of any of the parties to the other provisions of the Agreement ,
dated December 20, 1978, and that such Agreement, except for the provisions under Sub
paragraph aril, and all subparagraphs ther.emder, of Paragraph 1, shall be and are in full
force and effect.
IN iITITNEss wHEREOP, the City and Smith have caused this Agreement to be -
executed in their respective corporate and individual names and the seal of the City of
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Richmond, Indiana, to be hereto affixed and attested by their duly autharlxed officers, all
as of the day of 1980.
CITY OF RICHMOND
By:
ewmi. Di an, Mayor
Attest: .
]oEllea Trimble, Clerk
BOARD OF AVIATION COMMISSIONERS
City of Richmond, Indiana
i By�/
:
Robert E. Brooks, President
Attest:
Secretary
"CITY"
Eu ne R. Smith
"SMITH"
SKY -TECH, INCORPORATED
Eugene R. Smith, president
"COMPANY"
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