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terminating Employee's services at such time as he may be <br />unable fully to discharge his duties due to age or <br />disability, and <br /> <br /> WHEREAS, Employee desire to accept employment as <br /> <br /> City Manager of said City of Martinsville, <br /> <br /> NOW THEREFORE, in consideration of the mutual <br /> covenants herein contained, the parties agree as follows: <br /> <br />=Sectlon 1. DUTIES <br /> <br />Employer hereby agrees to employ said Earl B. <br /> <br />Reynolds, Jr. as City Manager of said Employer to perform <br /> <br />the functions and duties specified in Section 2 of Chapter 5 <br />of the City Charter, and to perform such other legally <br /> <br />permissible and proper duties and functions as the Council <br /> <br />shall from time to time assign. <br /> <br />Section 2. TERM <br /> <br /> The parties hereto recognize that the term of <br />Employee's employment is governed by Section 1 of Chapter'5 <br />of the City Charter, which provides that "The city council <br />shall appoint the city manager for an indefinite term", <br />which in effect prohibits Council from appointing the City <br />Manager for a fixed term, but the parties wish to <br />acknowledge that in negotiations leading up to the <br />consummation of this agreement that it was the intent of the <br /> <br /> <br />