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C. Notice to the Employee of proposed termination: Employee shall be given written notice of the <br /> Council's intent to terminate Employee and the date of a hearing to be conducted in an executive <br /> session of the Council at least ten (10)calendar days prior to such hearing and termination. <br /> Employee shall be given the opportunity to present evidence at the hearing in response to such <br /> proposed termination. Employee's failure to appear at such hearing does not prohibit the Council <br /> from taking action to terminate Employee. Employee shall have the option to request a public <br /> hearing. <br /> D. Resignation by Employee, In the event Employee voluntarily resigns her position with the City during <br /> the term of this Agreement,then Employee shall give the City 30 days' notice in advance, unless the <br /> parties agree otherwise in writing. <br /> Section 14:Severance <br /> A. Termination without cause: <br /> 1. The City will pay Employee a lump sum cash payment for all salary,earned unused vacation (the <br /> same as general employees), earned unused sick leave (up to 45 days), and other benefits that <br /> were earned but unused as of the last day of active employment. <br /> 2. The City will pay the Employee a lump sum cash payment equal to six(6) months'salary. This <br /> payment is contingent upon a waiver and release of all claims against the City in a form <br /> acceptable to the City. <br /> B. Termination for cause: In the event Employee is terminated for cause, as defined in this document, <br /> the City shall have no obligation to pay the severance pay and severance benefits designated in this <br /> Agreement. <br /> C. Resignation by Employee.The City will pay Employee a lump sum cash payment for all salary,earned <br /> unused vacation (the same as general employees) and other benefits available for general <br /> employees as of the last day of active employment. <br /> Section 15: Notices <br /> Notices pursuant to this Agreement shall be given by deposit in the custody of the United States Postal <br /> Service, postage prepaid, addressed as follows: <br /> 1. CITY: Mayor <br /> City of San Marcos <br /> 630 East Hopkins <br /> San Marcos,Texas 78666 <br /> 2. EMPLOYEE: Elizabeth Trevino <br /> City Clerk's Office, <br /> City of San Marcos <br /> 630 East Hopkins <br /> San Marcos,Texas 78666 <br /> Page 4 of 5 <br />