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35. Regular meeting March 22, 2004 Page 7 NAY: None. ABSTAIN: Narvaiz and Montoya. Mayor Habingreither introduced for consideration Item 17 removed from the consent agenda, remove from the table and adoption of an Ordinance on third and final reading, the caption which was read as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING CHAPTER 2, ARTICLE 5 OF THE CITY CODE TO PROVIDE FOR RESTRICTIONS ON COMMUNICATIONS WITH THE ETHICS REVIEW COMMISSION BY PERSONS INVOLVED IN COMPLAINTS; INCLUDING PROCEDURAL PROVISIONS; AND PROVIDING FOR PENALTIES. Mr. Mihalkanin moved for removal from the table, and Mr. Taylor seconded the motion, which passed unanimously. Mr. Mihalkanin moved for adoption of the Ordinance on third and final reading, and Ms. Narvaiz seconded the Ordinance. Mr. Taylor stated Staff has contacted other municipalities regarding communications between their Council Members and their Ethics Review Commissioners. He stated he is comfortable with using the language from the City of San Antonio with some modifications. Mr. Thomaides stated he feels this Ordinance should be tabled until the next meeting. He stated he has some concerns with the wording of the distribution of the copies to the interested parties. He stated he feels the language should be simplified, Mr. Mihalkanin stated the City Attorney's memo dated March 22, 2004, suggested a proposed amendment for Section 2.443 (c) (5). He stated he supports the City Attorney's recommendations. Mr. Mihalkanin moved to amend Section 2.443 (c) (5) to read... to communicate verbally or in writing about the subject matter of the complaint with a member of the ethics review commission at any time other than during a public meeting of the commission. All such communications by such persons to the commission outside of a public meeting of the commission must be directed to the city attorney. The city attorney will collect all such communications and provide them to the commission with the agenda materials for the meeting at which the complaint is considered. The city attorney will make copies of these communications available to interested persons in accordance with state law and Mr. Taylor seconded the motion, which passed unanimously. The Council then voted unanimously for the adoption of the Ordinance on third and final reading. Mayor Habingreither introduced for consideration Item 19 removed from the consent agenda, adoption of a Resolution, the caption which was read as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AUTHORIZING THE SUBMISSION OF A TEXAS HOME INVESTMENT PARTNERSHIPS PROGRAM APPLICATION TO THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FOR THE OWNER-OCCUPIED HOUSING ASSISTANCE FUND; AUTHORIZING THE CITY MANAGER TO ACT IN ALL MATTERS PERTAINING TO THE CITY'S PARTICIPATION IN THE HOME PROGRAM; APPROVING THE WAIVER OF FEES AND