evaluations, supplemental memoranda, or other written communication from the Council, and the Council has provided City Manager a reasonable opportunity to remediate his performance; é (b)° ~ Drunkenness or excessive use of alcoholic beverages; (c) __ Iitegaluse of drugs, hallucinogens, orother substances regulated by the Texas Controlled Substances Act; a) Conviction of a felony or crime involving moral turpitude; (e) Immorality, which is conduct the Council determines is not in conform ity with the accepted moral standards of the community encompassed by City; immorality is not confined to sexual matters, but includes conduct inconsistent with rectitude or indicative of corruption, indecency, or depravity; (Assault on an employee; (g) Knowingly falsifying records or documents related to City's activities; (h) _ Consciows misrepresentation of facts to the Council or other City officials in the conduct of City's business. 5.5.2 -Any “final resolution of removal” issued by the Council as referenced in Article 111, Section 2 must be supported by “reasons” proven by a preponderance of the evidence; and with such proof, the provisions of 5.6, et seq., shall not apply. 5.6 Involumary Termination — No Retsons for Removal. 5.6.1 Required Notice. If City Manager is willing and able to perform his duties under this Contract at all times Gncluding, if applicable, the 4 5.12 time period between acceptance of advance resignation and separation date), and the Council desires to remove City Manager but does not state and prove “reasons” for removal as set forth in 5.5, ef seg., then City and the Council agree to provide City Manager with advance notice of twenty-four months of (a) any intention to remove or terminate his employment with City, or (b) any suggestion ~ whether formal or informal — that he should resign prior to any agreed separation date, 5.6.2 Suspension and Severance. Upon the provision of notice as set forth in 5.6.1, City may suspend City Manager from his duties with full pay and benefits, or City may opt to pay City Manager an aggregate severance sum of full pay and benefits that would otherwise accrue to him during either the notice period as set forth in 4 5.6.1, or (if applicable) the remainder of the time period provided in 4 5.1.2 between acceptance of advance resignation and separation date, whichever is less, and tender of the aggregate ’ City Manager Employment Contract Page 70f9