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File #: TMP-1956    Version: 1 Name:
Type: Resolution Status: Agenda Ready
File created: 7/18/2023 In control: City Council
On agenda: 7/25/2023 Final action:
Title: RESOLUTION NO. 2023-9186 - HOURLY RATE INCREASE FOR THE FIRM OF LOUNSBERY FERGUSON ALTONA AND PEAK FOR CONTRACT CITY ATTORNEY AND CITY PROSECUTOR SERVICES, AND PROVIDING CONTINUED AUTHORIZATION FOR ATTORNEYS AFFILIATED WITH SAID FIRM, AS WELL AS SPECIAL COUNSEL RETAINED BY THE CITY, TO INITIATE AND TO PROSECUTE SAN MARCOS MUNICIPAL CODE ENFORCEMENT ACTIONS, WHETHER CIVIL OR CRIMINAL
Attachments: 1. City Attorney Rate Resolution 2023
MEETING DATE:
July 25, 2023

SUBJECT:
Title
RESOLUTION NO. 2023-9186 - HOURLY RATE INCREASE FOR THE FIRM OF LOUNSBERY FERGUSON ALTONA AND PEAK FOR CONTRACT CITY ATTORNEY AND CITY PROSECUTOR SERVICES, AND PROVIDING CONTINUED AUTHORIZATION FOR ATTORNEYS AFFILIATED WITH SAID FIRM, AS WELL AS SPECIAL COUNSEL RETAINED BY THE CITY, TO INITIATE AND TO PROSECUTE SAN MARCOS MUNICIPAL CODE ENFORCEMENT ACTIONS, WHETHER CIVIL OR CRIMINAL
Body

Recommendation
Recommendation
ADOPT resolution relating to the hourly rates for City Attorney and City Prosecutor services, and continued authorization for attorneys of the City Attorney's firm and retained special counsel to initiate enforcement actions and to prosecute San Marcos Municipal Code violations.

Body
Board or Commission Action
Not Applicable

Relevant Council Strategic Theme
Not Applicable

Executive Summary
On June 16, 2023, the City Council appointed Mayor Jones as its negotiator for City Attorney compensation discussions. Said negotiator thereafter met with the City Attorney with respect to the hourly rate charged to the City for general legal services, and the Council has discussed the same with its negotiator. The recommendation is to increase the blended hourly rate from its current $255.00 per hour to $265.00 per hour. The $255.00 blended hourly rate has been in place since 2021.

The City Council is also requested to reaffirm that the City Attorney's firm is authorized to initiate actions to enforce the San Marcos Municipal Code, and that each of the attorneys associated with her firm in any capacity are authorized to prosecute San Marcos Municipal Code violations and to raise defenses in such actions, whether by civil or criminal proceedings, on behalf of the City and its subsidiary and component units. The request extends this authorization to other outside (special) counsel retained to assist the City.

Discussion
The attached resolution would authorize a $10.00 increase in the hourly rate ...

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