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07-A City Manager Employment Agreement
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07-A City Manager Employment Agreement
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Last modified
8/8/2007 6:05:00 PM
Creation date
8/8/2007 6:04:59 PM
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AGENDA
Item Number
07-A
AGENDA - Type
RESOLUTION
Description
City Manager Employment Agreement Approval.
AGENDA - Date
8/13/2007
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<br />be provided a reasonable period of time to demonstrate such expected performance before <br />being evaluated. <br /> <br />VI. Termination <br /> <br />6.1 Termination Events. This Agreement shall terminate upon any of the following: <br /> <br />a. Mutual agreement of the Council and Manager in writing and signed by them; <br /> <br />b. Retirement or death of the Manager; <br /> <br />c. Termination of Manager's Employment for "good cause" (as defined in <br />Paragraph 6.2 below); <br /> <br />d. A Unilateral Severance (as defined and set forth in Section 6.3 below); or, <br /> <br />e. Expiration of the term of this Agreement. <br /> <br />6.2 "Good Cause". For purposes of this Agreement the term "good cause" is defined as <br />follows: <br /> <br />a. Any willful, knowing, grossly negligent, or negligent breach, disregard or habitual <br />neglect of any provisions of this Agreement, or any willful, knowing, grossly <br />negligent, or negligent breach, disregard or habitual neglect of any duty or <br />obligation required to be performed by City Manager under this Agreement or <br />under the Charter and ordinances of the City and/or the laws of the United <br />States or the State of Texas. <br /> <br />b. Any misconduct of the City Manager involving an act of moral turpitude, criminal <br />illegality (excepting minor traffic violations), or habitual violations of the traffic <br />laws, whether or not related to City Manager's official duties hereunder. <br /> <br />c. Any willful, knowing, grossly negligent, or negligent misapplication or misuse, <br />direct or indirect, by City Manager of public orother funds or other property, real, <br />personal, or mixed, owned by or entrusted to the City, any agency or corporation <br />thereof, or the City Manager in his official capacity. <br /> <br />6.3 Unilateral Severance. As one of the termination events specified above in Paragraph <br />6.1, the Council may end the employment relationship and terminate this Agreement, at the <br />pleasure of the Council, whether with or without good cause, upon written notice to the <br />Manager as specified below and payment to the Manager of the Severance Amount (as defined <br />below), the Severance Benefits (as defined below) and the Current Obligations (the "Unilateral <br />Severance). If the Council determines that it desires a Unilateral Severance it shall provide <br />written notice to the Manager at least thirty (30) days in advance of the effective date of such <br />termination, which specifies: (a) the Council has voted to pursue a Unilateral Severance <br />pursuant to this Paragraph 6.3 of the Agreement, (b) the effective date of the Unilateral <br />Severance ("Severance Effective Date"), and (c) the City's commitment to pay the Severance <br />Amount (including a specific line item breakdown of the items that constitute the total <br /> <br />Page 6 of 8 <br />
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