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137. Regular Meeting January 12, 2004 Page 11 Mayor Habingreither introduced for consideration removal from table and adoption of a Resolution, the caption which was read as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, APPROVING THE APPOINTMENT OF OF THE LAW FIRM OF TO SERVE AS SPECIAL COUNSEL TO THE ETHICS REVIEW COMMISSION; AUTHORIZING THE CITY ATTORNEY TO NEGOTIATE AN AGREEMENT FOR THESE SERVICES AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT; AND DECLARING AN EFFECTIVE DATE. Mr. Mihalkanin moved to remove the Resolution from the table and Mr. Montoya seconded the motion, which passed unanimously. Mayor Habingreither stated he feels the Council does not need to hire a Special Counsel. He also stated he feels this issue should be held in an expedient and cost effective manner for the City. Mr. Taylor stated he will be represented by Counsel, and he does not want the City to hire outside Counsel. Mr. Mark Taylor stated if an outside Counsel is not hired, he will be legal counsel for the Ethics Review Commission. Mr. Thomaides and Ms. Narvaiz stated they understood if the Ethics complaint got this far, then outside Counsel would be hired. Mr. Mihalkanin stated he remembered a discussion regarding hiring outside Counsel in either October or November. He stated he remembered the discussion was if the Ethics complaint got to this point, then outside Counsel would be hired. He also stated he does not feel outside Counsel should be hired, if Mayor Habingreither and Council Member Taylor are comfortable with the City Attorney providing advice to the Ethics Review Commission. Mr. Diaz stated he agrees with Mr. Mihalkanin and feels this issue should be expedited. Ms. Narvaiz stated she is concerned about putting the City Attorney in an awkward situation and supports hiring outside Counsel because of that reason. Mr. Mark Taylor stated he would not be able to provide enough time for this issue and feels this will cause the complaint to draw out longer. Mr. Thomaides stated he feels this will be an isolated issue and outside Counsel is needed. Mr. Mark Taylor stated he would provide legal advice on issues regarding the Southwest San Marcos Annexation. He also stated he would be uncomfortable with giving advice knowing others may judge him on his advice. He stated he would be more comfortable with outside Counsel who has been involved in this type of issue. Ms. Narvaiz moved to approve the Resolution and Mr. Mihalkanin seconded the motion. Mr. Thomaides moved to amend the Resolution by hiring Monte Akers with the law firm of Bovey, Akers & Bojorquez and Ms. Narvaiz seconded the motion. On roll call the following vote was recorded: AYE: Narvaiz and Thomaides. NAY: Mihalkanin, Habingreither, Montoya, Taylor and Diaz. ABSTAIN: None. The motion failed. Mr. Thomaides moved to have Mark Taylor, City Attorney to represent the Ethics Commission and Mr. Diaz seconded the motion. On roll call the following vote was recorded: