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<br />I <br /> <br />I <br /> <br />I <br /> <br />75. <br /> <br />EMPLOYMENT AGREEMENT BETWEEN <br />THE CITY OF SAN MARCOS AND JOHN P. BURKE, JR. <br />FOR THE POSITION OF MUNICIPAL COURT JUDGE <br /> <br />THIS AGREEMENT is made and entered into this ~lHay of May , 2006, by and <br />between the City of San Marcos, Texas, a municipal corporation, hereinafter called "City," and <br />John P. Burke, Jr., hereinafter called "Employee". The City and the Employee understand and <br />agree as follows: <br /> <br />WHEREAS, City desires to employ the services of Employee as Municipal Court Judge, as <br />provided by Sec. 4.03 of the City Charter and Section 2.022 ofthe City Code; and <br /> <br />WHEREAS, it is the desire of the City's governing body, hereinafter called "City Council," to <br />provide for the compensation and other terms and conditions of Employee's employment; and <br /> <br />WHEREAS, Employee desires to accept employment by the City on the terms indicated; <br /> <br />NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties <br />agree as follows: <br /> <br />Section 1: Duties <br /> <br />The City hereby agrees to employ Employee, and Employee hereby accepts employment, as <br />Municipal Court Judge, to perform the functions and duties specified in said Sec. 4.03 of the City <br />Charter, Section 2.022 of the City Code, and other applicable provisions of the City Code, and to <br />perform other legally permissible and proper duties and functions as the City Council shall from <br />time to time assign. <br /> <br />Section 2: Term <br /> <br />A. The term of this Agreement shall be one (1) year, commencing on June 1, 2006, unless <br />sooner terminated as provided herein. <br /> <br />B. Upon expiration of the term specified in the preceding paragraph, this Agreement shall be <br />subject to renewal by the City for successive one-year periods by action of the City Council. <br /> <br />C. The City and the Employee acknowledge that Section 29.005 of the Texas Government Code <br />provides that the normal term of office of a municipal court judge is two (2) years. The City and <br />the Employee, as part of the consideration for the mutual covenants herein contained, agree that <br />the terms of this Agreement shall supersede that statute, and the Employee expressly waives any <br />rights he may have under that statute that conflict with the provisions of this Agreement. <br /> <br />Section 3: Termination of Agreement <br /> <br />A. By City, Without Cause. The City may terminate this Agreement at any time, without cause. <br />Such termination shall require the majority vote of the City Council and shall be preceded by <br />notice to Employee of the time and location of the meeting, the nature of the charge, if any, <br /> <br />Page 1 of7 <br />