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<br />EMPLOYMENT AGREEMENT BETWEEN <br />THE CITY OF SAN MARCOS, TEXAS AND MICHAEL J. COSENTINO <br />FOR THE POSITION OF CITY ATTORNEY <br />AGREEMENT made and entered into this 21st day of August, 2007, by and between <br />the City of San Marcos, Texas, a municipal corporation, hereinafter called "City," and <br />Michael J. Cosentino, hereinafter called "Employee," Both of whom understand as <br />follows: <br />WHEREAS, City desires to employ the services of Employee as City Attorney, as <br />provided by Sec. 4.04 of the City Charter; and <br />WHEREAS, it is the desire of the City's governing body, hereinafter called "City <br />Council," to provide for the compensation and other terms and conditions of Employee's <br />employment; and <br />WHEREAS, Employee desires to accept employment by the City on the terms <br />indicated; <br />NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties <br />agree as follows: <br />Section 1: Duties <br />The City hereby agrees to employ Employee, and Employee hereby accepts employment, as <br />City Attorney, to perform the functions and duties specified in said Sec. 4.04 of the City Charter <br />and applicable provisions of the City Code and to perform other legally permissible and proper <br />duties and functions as the City Council shall from time to time assign. <br />Section 2: Residency <br />The employee shall establish his principal physical residence in the city, within 90 days after <br />appointment, and shall have his principal physical residence in the city continuously thereafter, <br />Section 3: Term <br />A. The term of this Agreement shall be one (1) year, commencing on or before October 1, <br />2007, unless sooner terminated as provided herein. <br />B Upon expiration of the term specified in the preceding paragraph, this Agreement shall <br />automatically renew itself for successive one-year periods, unless either party shall give <br />written notice to the other at least thirty (30) days prior to the terminal date of this Agreement <br />or of any succeeding year, that this Agreement will not be renewed. <br />Page 1 of 6 <br />