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40. Regular Meeting July 12, 2004 Page 11 Mayor Narvaiz introduced for consideration Item 33 removed from the consent agenda, approval for use of Water/ Wastewater Utility Fund contingency funds in the amount of $100,000.00 for legal counsel and emergency repairs to the Wastewater Treatment Facility. Mr. Thomaides moved for approval for use of Water/ Wastewater Utility Fund contingency funds in the amount of $100,000.00 for legal counsel and Mr. Taylor seconded the motion. Mr. Taylor inquired whether this item was related to Item 23, which was discussed earlier. Mr. O'Leary stated yes, this approval is to put the funding in place. The Council then voted unanimously for approval for use of Water/ Wastewater Utility Fund contingency funds in the amount of $100,000.00 for legal counsel and emergency repairs to the Wastewater Treatment Facility. Mayor Narvaiz introduced the reconsideration of Item 10, approval of an Ordinance on first reading. Mr. Taylor moved for reconsideration of Item 10 and Mr. Mihalkanin seconded the motion, which passed unanimously. Mr. Mihalkanin moved for approval of the Ordinance on first reading and Mr. Diaz seconded the motion. Mr. Taylor asked for clarification on Section 2.044(b). Mr. Mark Taylor stated this section explains the Mayor's authority and responsibilities when it comes to tentative agendas. The Council requested the wording to be cleaned up before the second reading. The Council then voted unanimously the approval of the Ordinance on first reading. Mayor Narvaiz introduced the City Council's Report. 1) Mr. Guerrero thanked the San Marcos Fire Department for the tour they provided him. 2) Mr. Guerrero also thanked the citizens for all the calls and concerns regarding his grandfather. 3) Mr. Mihalkanin stated he noticed the Ethics Review Commission is meeting quarterly. He inquired whether the Council can request the Ethics Review Commission meet once a month. Mr. Mark Taylor stated he can recommend the Ethics Review Commission to meet monthly in order to meet Council's November deadline. 4) Mayor Narvaiz reminded Council about the .memo from City Clerk, Janis Womack regarding the viewing of election equipment. 5) Mayor Narvaiz updated the Council regarding the Monclova, Mexico visit to San Marcos. She stated the dates have been changed to August 19 and 20, 2004. 6) Mayor Narvaiz thanked Camille Phillips for planning the Pizza Night at Mr. Gatti's. She stated it was successful and hoped it continues. 7) Mayor Narvaiz stated Wednesday, July 21, 2004 in the lobby of City Hall will be the first Mayor's Coffee. Mayor Narvaiz introduced an Executive Session pursuant to the Government Code, Section 551.071, to seek the City Attorney's advice regarding pending litigation, contemplated litigation, a settlement offer, or a matter involving attorney-client privilege (San Marcos Area Chamber of Commerce economic development agreement; San Marcos Hispanic Chamber of Commerce economic development agreement; City of San Marcos vs. Mitchell Center); and Section 551.087, to discuss commercial or financial information the City has received from a business prospect that the City