Res 2005-037 - Laserfiche WebLink

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17. EMPLOYMENTAGREEMENTBET~EN THE CITY OF SAN MARCOS AND DANIEL J. O'LEARY FOR THE POSITION OF CITY MANAGER AGREEMENT made and entered into this 21st day of March.2. 2005, by and between the City of San Marcos, Texas, a municipal corporation, hereinafter called "City," and Daniel J. O'Leary, hereinafter called "Employee," both of whom understand as follows: WHEREAS, City desires to employ the services of Employee as City Manager, as provided by Sec. 4.04 ofthe City Charter; and 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 1: Duties The City hereby agrees to employ Employee, and Employee hereby accepts employment, as City Manager to perform the functions and duties specified in said Sec. 4.04 of the City Charter and 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 ofthis Agreement shall be three (3) years, commencing on March 21,2005, unless sooner terminated as provided herein. B. Upon expiration of the term specified in the preceding paragraph, this Agreement shall automatically renew itself for successive one-year periods, unless either party shall give written notice to the other at least thirty (30) days prior to the terminal date of this Agreement or of any succeeding year, that this Agreement will not be renewed. 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 the 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 aggregate salary. Employee shall also be compensated for earned vacation up to 90 days, earned sick leave up to 90 days and all frozen holiday banle Payment for leave and benefits at Page 1 of6