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21. EMPLOYMENT AGREEMENT BETWEEN THE CITY OF SAN MARCOS AND JANIS K. WOMACK FOR THE POSITION OF CITY CLERK THIS AGREEMENT is made and entered into this 21 ST day of March, 2005, by and between the City of San Marcos, Texas, a municipal corporation, hereinafter called "City," and Janis K. Womack, hereinafter called "Employee". The City and the Employee understand and agree as follows: WHEREAS, City desires to employ the services of Employee as City Clerk, as provided by Sec. 4.04 of the City Charter and Section 2.023 ofthe City Code; 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 Employee shall perform all duties assigned to the City Clerk in the Charter, the Code of Ordinances or in other laws. The Employee shall also perform other duties as assigned from time to time by the City Manager. Section 2: Term A. The term of this Agreement shall be one (1) year, 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 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. Payment for leave and benefits at termination will be compensated as provided for general employees unless otherwise addressed in this document. Earned, unused sick leave will be paid up to 90 days upon termination. Page 1 of6