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EMPLOYMENT AGREEMENT BETWEEN THE CITY OF SAN MARCOS AND JOHN P. BURKE, JR. FOR THE POSITION OF PRESIDING MUNICIPAL COURT JUDGE THIS AGREEMENT is made and entered into this 1st day of Sep tember, 2009 , y and between the City of San Marcos, Texas, a municipal corporation, hereinafter called "City," and John P. Burke, Jr., hereinafter called "Employee ". The City and the Employee understand and agree as follows: WHEREAS, Employee was appointed as presiding judge of the City of San Marcos Municipal Court of Record by Ordinance No. 2007 -46 effective October 1, 2007. WHEREAS, City desires to employ the services of Employee as Presiding Municipal Court Judge, as provided by Chapter 30, Subchapter A of the Texas Government Code, Sec. 4.03 of the City Charter, and Chapter 55 of the San Marcos City Code. WHEREAS, it is the desire of the City's governing body, hereinafter called "City Council," to provide for the compensation and other terms and conditions of Employee's employment; and WHEREAS, Employee desires to accept employment by the City on the terms indicated; NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: Section l: Duties The City hereby agrees to employ Employee, and Employee hereby accepts employment, as Municipal Court Judge, to perform the functions and duties specified in said Chapter 30, Subchapter A of the Texas Government Code, Sec. 4.03 of the City Charter, Chapter 55 of the San Marcos City Code, and other applicable provisions of the City Code, and to perform other legally permissible and proper duties and functions as the City Council shall from time to time assign. Section 2: Term A. The term of this Agreement shall be concurrent with each term of office to which Employee is appointed by ordinance of the City Council, unless sooner terminated as provided herein. Section 3: Termination of Agreement A. By City, Without Cause. The City may terminate this Agreement at any time, without cause. Such termination shall require the majority vote of the City Council and shall be preceded by notice to Employee of the time and location of the meeting, the nature of the charge, if any, against Employee, and the opportunity for a hearing thereon. Upon termination and upon Employee's execution of a waiver and release of all claims against the City in a form acceptable to the City, the City will pay Employee a lump sum cash payment equal to six (6) months Page 1 of 7