AGENDA NOTICE OF REGULAR MEETING OFTHE CITY COUNCIL OF CUMBY, TEXAS This notice is posted pursuant to the Texas Open Meetings Act. Notice hereby given that the City Council oft the City ofCumby, Texas will conductal Regular Meeting on March 14,2023. at 6:30 p.m., Ifthe public desires to speak during a specific agenda item, they must email sitpcipoltumlycon by 4:00 pm on the day of the meeting. The email must contain thej person's name, address, phone number, and the agenda item(s) for which comments will be made. You may also communicate and send your comments to the City Councilmembers directly by emailing; Acmanlasipafsumisse, Alderman2@cityofcumby.com; emmgsD9fumiy.on and Alderman5Qcityofcumby.com The meeting agenda is posted online at www.cumbylx.com website. The meeting packet will be posted on at 100 East Main Street, Cumby, Texas, City Council Chambers. www.cumbylx.com website as soon as it is complete and issued to council. 1. CALLI MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE AND INVOCATION 3. ROLL CALL & QUORUM REPORT 4. PRESENTATION BY CITIZENS The City Council welcomes "Presentation by Citizens." Ifyou wish to speak, you must follow these guidelines. Asa courtesy to your fellow citizens and out of respect to our fellow citizens, we request that ifyou wish to Pursuant to TEX. GOV'T CODE 551.0415, the Mayor, a City Council member and Staff may report on the following items ofc community interest:(1) expression of thanks, congratulations or condolences (2) information about holiday schedules (3) recognition of individuals (4) reminders about upcoming events organized or sponsored by the City Council (5). Information about community events and (6) announcements imminent threat toj public health ands safety. Additionally, pursuant to TEX. GOV'TCODE 551.042, thel involving Mayor orc Council members may request that items be placed on future City Council agendas. City offices closed April 7, 2023 (Good Friday) Public Management will attend April 2023 Council Meeting 6. CONSENT AGENDA & DEPARTMENT REPORTS speak that you follow guidelines posted at thel bottom of this Agenda. 5. CITY COUNCIL COMMENTS All matters listed under this item are considered routine by the City Council and willl be enacted by one motion. There will not be separate discussion oft these items. Ifdiscussion is desired by any Alderman on any item, that item willl be removed from the consent agenda and will be considered separately. 6.1. Approval - City Council Minutes February 21,2023 and March 7,2023 6.2. Approval-2023 February Financials (P&L) 6.3. Approval -] Fiscal Year-to-Date 2022-2023 P&L 6.4. Approval - 2023 February Unpaid Bill Summary 6.5. Approval - Public Works Department Activity Report 6.6. Approval Police Department Activity Report 6.7. Approval - Municipal Court Activity Report 6.8. Approval Fire Department Activity Report 6.9. Approval -1 Building Permit Report March 9. 2023 Page 113 7. EXECUTIVE SESSION. - In accordance with Texas Government Code, Section 551.001, et seq-, the City Council will recess into Executive Session (closed meeting) to discuss the following: 7.1. $551.074: (a) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal ofaj public officer or employee, or tol hear a complaint or charge against an officer or employee: i) Betty Jo Hardman, City Secretary has requested time in Executive Session with Council to review Duties 8. RECONVENE INTO OPEN SESSION In accordance with Texas Government Code, Chapter 551, the City Council will reconvene into Open Session to consider action, if any, on matters and Assignments ofCity Secretary discussed in Executive Session. 9. OLD BUSINESS 9.1. Diseussion/Action: Update on various grant and other potential funding requests by City of 9.2. Discussion/Action: Update (ifany) Cumby ISD and HWH( (project manager). and Hopkins County Fire Chiefr regarding state of Cumby water lines to ensure proper pressure for fire system for new high school. Overview and costs of] Project: Installation; Materials; Design. (Mayor) 9.3. Diseussion/Action: Annexation of area along I-30 (Service Road rest area and Thomas Jenkins RV: Park) and 275 North (Mayor, Officer Painter, and Thomas Jenkins) - Paperwork Prepared per 9.4. Discussion/Action: Ordinance 0-2023-003. Bulk Water fees (Reference: Ordinance 0-2022- 9.5. Diseussion/Action: Resolution 2023-0002, Appointment of a Representative to serve as a Cumby (Mayor Pro Tem) request in February Council Meeting. 05-006). Director on the ARK-TEX Council of Governments Board ofI Directors. 10. NEW BUSINESS 0.Discusion/Action: Contract Agreement between the City of Cumby, Texas and Cumby Youth Sports Association; Issue New Statement for Fees owed (2013 -2 2023); waive or back-bill to be 102.Discusion/Action: City of Cumby to open bids for Cyber Security and I/T Services for City of Cumby: Police Department, Municipal Court, City Hall, including Utility Services, and City determined (Mayor) Council IL.ADJOURNMENT Executive Sessions Authorized -The City Council for the City ofCumby reserves: right to adjourn into executive session at any time during the course of this meeting to discuss any matter authorized by Texas Government Code Sections 551.071 (Consultation with Attorney); 551.072 (Deliberations related to Real Property); 551.073 (Deliberations related to prospective gifts or donations); Section 551.074 (Personnel Matter); 551.076 (Deliberations regarding the deployment of security devices or the implementation ofs security policy); and 551.087 (Deliberations Attendance by Other Elected or Appointed Officials NOTICE OF POTENTIAL QUORUM: Itis anticipated that members ofCity Council or other city board, commissions and/or committees may attend thei meeting in numbers that may constitute a quorum oft the other city boards, commission and/or committees. Notice is hereby given that the meeting, to the extent required by law, is also notices as a meeting oft the other boards, commissions and/or committees of the City, whose members may be in attendance. The members of the boards, commissions and/or committees may participate in discussions on the same items listed on the agenda, which occur att the meeting, but no action willl bei taken by such in attendance unless suchi item and action iss specifically provided: for on an agenda regarding Economic Development negotiations). for that board, commission or committee subject to the Texas Open Meetings Act. March 9. 2023 Pagc213 Presentation by Citizens Guidelines: Thel Mayor will recognize those citizens whol have signed up prior to thes start oft the meeting. Pursuant tol Resolution No. 2020-12 Citizens ares given three minutes (3:00) to speak during' "Presentation by Members ofthe publici may only speak once and cannot pass the individual's time allotment tos someone else. Show the Council members the same respect and courtesy that you expect to be shown to you. Thel Mayor will rule any disruptive behavior, including shouting or derogatory statements or comments, out ofc order. Continuation of this type of behavior could result in a request by the Mayor that the individual leave thei meeting, andi ifrefused, an order of removal. Inc compliance with the Texas Open Meetings Act, no member of City Council may deliberate on citizen comments for items not on1 the agenda. (Attorney General Citizens." Direct your comments tot the entire Council, not to ani individual member. Opinion -J JC0169) CERTIFICATE: Ihereby certify that the above Notice of Meeting was posted on the City Hall bulletin board on the March 9,2023, at aj place convenient and readily accessible tot the general public at all times, and to the city's website, tpsynwcumbyikcom, in compliance with Chapter 551, Texas Government Code. TEXAS Betty. Jol Hardman, City Secretary Amdknn March 9. 2023 Paye313 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL February 21, 2023 A RECORDING OF THE. FULL MEETING MAYBE FOUND ONCUMBYTX.COM WEBSITE. 1. CALL: MEETING TO ORDER at 6:30pm 2. PLEDGE OF ALLEGIANCE AND INVOCATION Mayor Amber Hardy led the pledge of 3. ROLL CALL & QUORUM REPORT- A quorum was established with all members present: allegiance and Alderman Terry Ratliff led the invocation. Mayor Amber Hardy Alderman 1, Terry Ratliff Alderman 3, Wayne Mobley 4. PRESENTATION BY CITIZENS Mayor Pro Tem Rosina Duckworth Alderman 2, Katherine Flinn Alderman 4, Aly Crocker The City Council welcomes Presentation by Citizens." Ify you wish to speak, you must follow these guidelines. Asa courtesy to your fellow citizens and out of respect to our fellow citizens, we request that ify you wish to speak that you follow guidelines posted at thel bottom ofthis Agenda. Monty Lackey signed up to. speak followed by his wife, Sheryl. Lackey 5. CITY COUNCIL COMMENTS City offices closed. April 7, 2023 (Good Friday) A new police officer was hired and will be onboarded in March. 2023. With. him comes a K-9 (ACE). All equipment for the K-9 will be covered by the officer andlor by donations already in place. 6. CONSENT AGENDA & DEPARTMENT REPORTS 6.2. Alderman Wayne Mobley 2n4 the motion 6.3. 5/0- The motion passed unanimous'y. 6.1. Alderman Aly Crocker made a motion to accept the consent agenda and all reports included thereunder 7. OLD BUSINESS 7.1. Discussion/Action: Update regarding projects recommended for use of ARPA funds (must use by end of2023). (Mayor & City Secretary & Lisette Howard) Lisette Howard was unable to attend due toj family conflict. Lisa. Hart. spoke regarding possible way to. set-up SKADA for City Water. Department, noting that just because there is a SKADA system in place, there is still a requirement to go by and physically check on wells each day. A system provided under SKADA Software is just the software with a very high annual maintenance, fee plus the cost oft the. sofware itselfofcourse. City is working with CumbyTel and how they can set-up with andj for City. Ms. Hart. said she City has used ARPA funds toj purchase two police department vehicles; goal is to also purchase ai new(er) vehicle for Public Works; pay, fees for Public Management who are managing the grant; continue sewer repairs at 1" and Frisco as well as other repairs that may take place can build a program that will watch for patterns and will do SO. during the 2023 calendar year. Funds must be used by end of2023. Fehruary2l. 2023 Page 114 7.2. Discussion/Action: Wastewater Treatment Plant Renovation Funds: CityofCumby will consider and take action to adopt necessary civil rights and fair housing policies associate with the City's TxCDBG Grant. (Lisette Howard, Public Mgmt & Mayor) Mayor Hardy announced that City was approved. for the $350K Wastewater Treatment Plant Renovation; Public Management was hired to act as Grant Manager for the City and will work with us to set-ups schedule. 7.3. Discussion/Action: Review and discuss Section 3 policy updates and information for the City's TxCDBG Contract #CDV2100292. (LH Howard, Public Mgmt) Mayor. Hardy presented paperwork. submitted for CityofCumby by Project Management and agreed to by previous Mayor & Council. Cumby is recertifying they will follow as outlined in documents: Citizen Participation Plan; Excessive Force. Policy; Fair Housing Policy, and Section. 504 Policy Against Discrimination. Based on Handicap and Grievance Procedures, and Code /Conduct/Comllet. of Interest. Policy. Pertaining to Procurement Section 3 Policy Updates and information, for the TxCDBG Contract #CDV2100292. Alderman Aly Crocker, after confirming the "statement" and title of Code of Conduct (errors in spelling); made motion to approve Resolution R-2023-0001, Regarding Civil Procedures. Rights, the CityofCumby! Texas Alderman Katherine Flinn 2"d the Motion 5/0, Motion, passed unanimously. 7.4. Discussion/Action: Update on various grant and other potential funding requests by City of Cumby (Mayor Pro Tem) Mayor Pro Tem: submitted a report on Grant and Funds she is working on. 7.5. Discussion/Action: Placement ofal living firt treei in Cumby City Park; with the aim of establishing community involvement to nurture towards a living Christmas tree each year for City of Cumby celebration. (Alderman Terry Ratliff & Alderman Katherine Flinn) Discussion held regarding tree and type oftreefor City Park 7.6. Discussion/Action: Extra-Territorial Jurisdiction (ETJ) - designated buffer area located just outside of the city limits. Each municipality is afforded an ETJ by the Texas Local Government Code as a method of defining potential growth and future service boundaries. Discuss Hopkins County subdivision codes for use in City of Cumby permitting and ordinances. (Mayor) Discussion regarding what the ETJ is for City of Cumby; and pros and cons regarding ETJ; No Action at this time; Council needs to studyfurther 7.7. Discussion/Action: Opioid Settlements (Allergan; CVS; Walgreens; Walmart) = City of Cumby submit request to be included in fund distribution (Secretary) City Secretary presented that City now has opportunity to submit for funds under additional Opioid Settlements. Paperwork will be completed. No Action by Council needed. Fehruary21. 2023 Pagc214 7.8. Diseussion/Action: Update (ifany) Cumby ISD: and HWH(project manager) andl Hopkins County Fire Chiefregarding state of Cumby water lines to ensure proper pressure for fire system for new high school. Overview and costs of Project: Installation; Materials; Design. (Mayor/Maintenance Mayor Hardy reviewed continued discussion points with ISD and City of Cumby. No Action required by Council at this time; this item remains on Council. Agenda. Supervisor) 8. NEW: BUSINESS 8.1. Discussion/Action: Annexation of area along I-30 (Service Road rest area and Thomas Jenkins RV Park) and 275 North (Mayor, Officer Painter, and Thomas Jenkins) Officer Painter presented discovery. from meetings with City Planners, Commerce and Sulphur Springs. City Secretary offeredi to re-keyfor use in Cumby. 8.2. Discussion/Action: Ordinance 0-2023-2, repealing Ordinance #93-1 regarding fencing ofs small fowl and farm animals. (Alderman Aly Crocker) Sheryl Lackey, citizen made a presentation regarding proposed Ordinance. The ordinances are not presented! properly (new ordinance cannoti repeal Old); and,following discussion held in Citizen Comments, Council will table this until further research is completed. Tabled 8.3. Discussion/Action: Ordinance 0-2023-3, Fencing of farm animals. (Aly Crocker) 8.4. Diseussion/Action: Ordinance 0-2022-05-006, Bulk Water definition for fee(s): $45.00/Load up to. 3,000 Gallons: Buyer has 500 gal bucket, can he fill up 61 times to equate to the maximum 3,000 gallon allowed "per load" (City Secretary) Discussion held; Mayor and Maintenance. Supervisor will work and present in March 14, 2023 Council. Meeting. 8.5. Discussion/Action: Close City during lunch hours and post on door: "Closed for Lunch 12:00- 1:00" or"12:30-1:30" (City Secretary) Discussion held; council agreed, close City Hall between 12:30 and 1:30for stafflunch 8.6. Discussion/Action: Spring Clean - Schedule for April 28-29-30; May 5-6-7,2023 Discussion and agreed that dates presented will be posted 9. 8:17pm Mayor Hardy convened into EXECUTIVE SESSION In accordance with Texas Government Code, Section 551.001, et seq., the City Council RECESSED AT to Discuss the a) $551.071(1): Consultation with Mayor Amber Hardy regarding the status oft the matter of contemplated litigation, Cause CV45171, Bryony Hollan, individually and on behalf oft the Estate of Donald Hollan and as next friend forl D.H.Jr., C.H., and H.H., Plaintiffs, vThe City ofCumby, Texas; and. Jonathan S. following: Painter, Defendants. February2l, 2023 Pagc314 10. RECONVENE INTO OPEN SESSION: MayorHardy reconvened at 8:22pm In accordance with Texas Government Code, Chapter 551, the City Council will reconvene into Open Session to consider action, ifany, on matters discussed in Executive Session. No Action at this time required by Council 11.1 Meeting was adjourned at 8:22p.m. Amber Hardy, Mayor ATTEST: Betty. Jol Hardman, City Secretary February21, 2023 Page 4/4 MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF CUMBY, TEXAS March 7, 2023 Ar recording of the full meeting may be found On CumbyTx.com website 1. CALL MEETING TO ORDER: Mayor Amber Hardy called the meeting to order at 12:04 p.m. 2. PLEDGE OF ALLEGIANCE, AND INVOCATION: Mayor Hardy led the Pledge of Allegiance 3. ROLL CALL & QUORUM REPORT: PRESENT were Mayor Amber Hardy; Mayor Pro Tem & Alderman 5 Rosina Duckworth; Alderman 21 Katherine Flinn and Alderman 3 Wayne Mobley. A quorum was present to hold the meeting, however, due to the absence of Alderman I Terry Ratliffa and Alderman 4 Aly Crocker a meeting could be held for discussion purposes and no action could take place. 4. INVOCATION: Mayor Hardy led the Invocation 5. PRESENTATION BY CITIZENS 6. ( CITY COUNCIL COMMENTS NONE Alderman Duckworth will give a full report of Grant status at the regularly scheduled meeting, March Pastor Terry Ratliff asked that City announce: April gth, willl be thel Easter Egg Hunt and April gth, will April 28-29-30: Spring Clean & May 5-6-7 Spring clean - POST, people are asking Cumby PD: Pick-up was sold: for $8,700; these funds willl be returned to. ARPA account to reimburse Mayor needs some kind ofi identification showing shei is "Mayor"; PD will print her a badge; asked that City Secretary research business cards: Mayor; Mayor Pro Tem; ChiefofPolice 14,2023 be Sun Rise Service in Cumby City Park some ofthel latest expense fort the two new(er) PD Vehicles 7. OLD BUSINESS 05-006). 7.1. Discussion/Action: Ordinance 0-2023-003. Bulk Water fees (Reference: Ordinance 0-2022- Discussion was held regarding recommended rates for bulk water, breaking this into gallon fee versus one "bulk" feef for all; need to consider what to charge. for Administration Feefor 7.2. Discussion/Action: Resolution 2023-0002, Appointment of a Representative to serve as a setting up account. Director on the ARK-TEX Council of Governments Board of Directors. Discussion was held regarding who would take on this assignment; Mayor Pro Tem. said. she was available to attend meetings; Action will take place at March 14, 2023 Regular Council Mtg. 8. 12:14 p.m. Mayor Hardy broke into EXECUTIVE SESSION - In accordance with Texas Government Code, Section 551.076, the City Council will recess into Executive Session (closed meeting) to discuss the following: March 7. 2023- MINUTES Pagc112 8.1. DISCUSSION: $Sec. 551.076. DELIBERATION REGARDING SECURITY DEVICES OR SECURITY AUDITS; CLOSED MEETING. This chapter does not require a governmental (1) the deployment, or specific occasions for implementation, ofs security personnel or devices; (2) as security audit. Discuss. BITfindings regarding recent City ofCumby Cyber audit. body to conduct an open meeting to deliberate: or 9. 2:19Mayor RECONVENE. INTO OPENSESSION-In: accordance with' Texas Government Code, Chapter 551, the City Council will reconvene into Open Session to consider action, if any, on matters discussed in Executive Session. 9.1. Action: IFAny-NOACTION 10. NEW BUSINESS 0.Discussion/Action: Business IT Service Corps Contract with City ofCumby for IT: services, City, Municipal Court, Police Department. (Referençe Ordinance 0-2020-10-01 Single Vendor 10.2. No discussion/action at this time; table until. March 14, 2023 City Council meeting Without Contract) 11. Meeting was adjourned at 2:20 p.m. Amber Hardy, Mayor ATTEST: Betty Jol Hardman, City Secretary March 7. 2023- MINUTES Pagc212 11:15AM 03/13/23 Accrual Basis City of Cumby Profit & Loss February 2023 Feb23 1,889.78 36,686.60 38,576.38 7.00 1,557.48 17.37 37.75 2,096.11 31.00 226.18 80.10 3,530.96 -6.57 7,577.38 7,577.38 30.00 30.00 66000 Payroll Expenses PENSIONE EXPENSE 66000. Payroll Expenses Other Total 66000. Payroll Expenses Public Safety Police Department SAFETYE EQUIPMENT Technology Reimbursement Auto Repair & Maintenance Fuel License & Support Telephone Uniforms Utilities Police Department- Other Total Police Department Total Public Safety Public Works Street Signs Total Public Works Water/Sewer ARPAI Project Expense ARPA- PDI Vehicle ARPAI Project Expense Other Total ARPAF Project Expense Technology Chemicals Deposit Refund Garbage Collection Fee Office Supplies Operating Supplies Postage Software Telephone Testing Uniforms Utilities Water/Sewer- Other Total Water/Sewer Total Expense Net Ordinary Income Net Income 2,097.40 142.95 2,240.35 67.36 467.18 175.00 9,304.56 152.12 3,057.78 519.90 129.60 111.84 83.00 31.99 16,179.02 323.69 32,843.39 98,992.92 -38,600.25 38,600.25 Page 2 11:15A AM 03/13/23 Accrual Basis City of Cumby Profit & Loss February 2023 Feb23 Ordinary Income/Expense Income Subdivision Fees PD Interest Earned License & Permits Permits/Registrations Public Safety Department Accident Report Training Total Public! Safety! Department Tax &F Franchise! Fees Property Tax Sales Tax Total Tax & Franchise Fees Water- Sewer New Service Connection Fee Garbage Revenue Late Fee Reimbursement Sales Tax Collected Sewer Revenue Tapf fee Water Revenue Total Water- Sewer Total Income Gross Profit Expense Administration Insurance Legal Fees Mayor/Counci Expenses Membership Office Supplies Professional Fees Software Technology Telephone Utilities Total Administration Mayor & Council Legal Expense Total Mayor & Counçil 30-5000 Municipal Court Collection Service Fee Security Technology Telephone Utilities Total 30-5000. Municipal Court Park Improvements Utilities Maintenance Total Park Improvements 390.00 134.68 963.65 88.46 12.00 733.36 745.36 22,902.62 17,304.26 40,206.88 35.00 3,964.87 300.00 365.45 326.33 3,971.39 1,800.00 7,100.60 17,863.64 60,392.67 60,392.67 250.00 181.00 357.17 29.98 72.97 820.00 140.26 396.64 27.79 3,530.96 5,806.77 101.00 101.00 8,783.69 51.99 565.79 65.58 3,530.96 12,998.01 1,000.00 59.99 1,059.99 Page 1 11:20AM 03/13/23 City of Cumby Unpaid Bills Detail As of March 13, 2023 Type IRS Bill Bill Totall IRS Jeffrey Hundley- Bill Total. Jeffrey! Hundley- Messer Fort McDonald Credit Bill Bill Bill Bill Bill Bill Bill Bill Bill Total Messer Fort McDonald Northeast Texas Disposal Bill Bill Bill Bill Bill Bill Total Northeast Texas Disposal O'Reilly Auto Parts Credit Credit Bill Bill Bill Total O'Reilly Auto Parts Republic Services Bill Total Republic Services Ron's Plumbing, LLC Bill Pmt -Check Bill Total Ron's Plumbing, LLC Underground Utility Supply Bill Pmt -Check 02/02/2023 Bill Bill Bill Bill Bill Bill Total Underground Utility Supply TOTAL Date Num Due Date Aging Open Balance 11/15/2021 12/31L... 05/21/2022 11/15/2022 2018- 11/25/2022 02/25/2023 Reimb.,. 03/07/2023 10/17/2022 CRED.. 05/19/2022 aprill2.. 05/29/2022 07/27/2022 Cumb... 08/26/2022 08/23/2022 JULY-. 09/22/2022 09/16/2022 Aug:2... 10/16/2022 10/17/2022 Sept2... 11/16/2022 11/21/2022 Oct20... 12/21/2022 12/20/2022 Nov'2... 01/19/2023 01/16/2023 Cumb... 02/15/2023 02/20/2023 Jan: 20..x 03/22/2023 11/27/2018 18800 12/27/2018 12/04/2018 18641 01/03/2019 12/05/2018 17233 01/04/2019 12/11/2018 18801 01/10/2019 12/21/2018 18804 01/20/2019 01/02/2019 21086 02/01/2019 11/05/2020 0372-.. 11/20/2020 03723... 05/27/2022 0372-. 06/26/2022 02/17/2023 Inv.03... 03/19/2023 02/25/2023 Inv 03... 03/27/2023 02/26/2023 Invo 07.., 03/08/2023 01/17/2023 9007 01/12/2023 Inv 10. 01/12/2023 01/16/2023 Inv: 25.. 02/15/2023 01/30/2023 Inv: 25... 03/01/2023 02/14/2023 Inv 26... 03/16/2023 02/24/2023 INV2... 03/26/2023 02/24/2023 Inv25... 03/26/2023 03/06/2023 Inv 26..c 04/05/2023 296 108 6 288 199 172 148 117 82 53 26 1537 1530 1529 1523 1513 1501 2,169.44 3,698.16 5,867.60 5.35 5.35 5,000.00 3,000.00 1,485.02 5,194.33 9,862.00 1,744.00 55.00 1,434.50 584.50 282.00 18,641.35 3,060.00 2,470.00 420.00 3,415.00 4,020.00 2,900.00 16,285.00 -7.63 -6.79 39.99 20.41 11.99 57.97 4,652.28 4,652.28 -660.50 660.50 0.00 -641.61 105.03 23.73 471.95 1,706.40 14.28 618.67 2,298.45 102,773.82 260 5 60 26 12 Page 2 11:20A AM 03/13/23 City of Cumby Unpaid Bills Detail As of March 13, 2023 Type ADT Security Services Bill Total ADT Security Services Anal Lab Corporation Bill Total Anal Lab Corporation AVR, Inc. Bill Total AVR, Inc. B&DS Signs Bill Total B&D DS Signs Bobkat Enterprises, Inc. Bill Pmt -Check Bill Bill Total Bobkat Enterprises, Inc. Business IT Service Corps Bill Bill Total Business IT Service Corps Card Service Center Bill Total Card Service Center Constellation Energy Bill Pmt -Check Bill Bill Total Constellation! Energy DPC Industries Bill Totall DPCI Industries Hall Oil Company Bill Bill Total Hall Oil Company Hopkins County Appraisal District Bill Total Hopkins County Appraisal District i3-Bearcat, LLC Bill Total i3-Bearcat, LLC inTouch by CumbyTel Bill Bill Bill Total inTouch by CumbyTel Date Num Due Date Aging Open Balance 02/20/2023 40436.., 03/07/2023 02/28/2023 Inv AO... 03/30/2023 02/28/2023 Invoic... 03/30/2023 02/28/2023 Inv 12..s 03/10/2023 07/13/2021 1205 02/23/2023 Inv 23.. 03/10/2023 02/25/2023 Inv 23.. 03/12/2023 02/15/2023 Inv 2280 03/02/2023 02/15/2023 Inv 2279 03/02/2023 02/28/2023 1/28-2... 03/15/2023 11/10/2022 5789 02/28/2022 2020. 02/28/2022 02/28/2023 2020 02/28/2023 02/22/2023 Inv 79... 03/24/2023 01/27/2023 Inv2 20... 02/11/2023 02/22/2023 Inv-21... 03/09/2023 03/01/2023 23-2n.2 03/31/2023 02/28/2023 02/01-... 03/15/2023 03/01/2023 04390... 03/16/2023 03/01/2023 04390... 03/16/2023 03/01/2023 04390... 03/16/2023 6 51.99 51.99 83.00 83.00 129,60 129.60 30.00 30.00 -0.02 49.98 187.45 237.41 1,189.00 1,540.42 2,729.42 3,442.47 3,442.47 -2.67 10,206.00 25,803.67 36,007.00 467.18 467.18 1,238.00 898.11 2,136.11 421.60 421.60 8,783.69 8,783.69 242.77 141.16 62.42 446.35 3 3 11 11 378 13 30 4 Page 1 MUNICIPAL COURT CUMBY TEXAS Feb-23 MONTHLY COLLECTIONS (deposits) Bankcard direct deposits/ Cash & M.O. OMNI $ 322.15 GHS $ 8,783.69 *Municipal Court State Acct $ 12,419.04 Municipal Court Technology Acct $ 534.80 Municipal Court Truancy Acct $ 422.85 Municipal Court. Jury Acct $ Municipal Court Security Acct $ 561.77 General Operating Account $ 14,000.00 8.43 Child Seatbelt $ 149.80 TOTAL $37,202.53 Cash & M.O. $4,954.25 Pwhljc GORES Pepont Feb.6 ODa3 Moréi 6 ja0as Pead wolls Check Chlorne and uarkry for SReNN4 Rouhne State beek, B6s! doturent for Sample qisi Checs ww? docunent for slte clean Bor SCECN + Docuvens for S Sta-ons water I MQIN breaks OF Lecks Localec Thoves Sankus Liwe 0ac RREE hus hOusL Pydro Lvg 4S Dnu X S Close to waler Fence EB P Re News + Sleevc Jin Whkr wour behud & Doi work Wdh School On 4hefe t EuE Of Way! O& New BL. Close +o School Valve Lins. Lot 6f Poug Hhs wo ntw- generalor P. MDDE Replace hattery aH WTR Wosle Watel Ron Por Cublouer Coll LU Moti al 4LL porella 3 coell ta Seref Live Runs wd oet Dorelton Cowercel Generator gt wwTP RMef ueek Sf 5-13- S17 29an Workon45 3 Mauk Eissueck W0. 59 Cty hal 16sceel ty weser 4 Pead O NR Read wekrs Manall tPodo Fush * Docuvent MGLA Park ChecH 3 twc week inCldug also Ms Dck hort 1 ftark en ACKS Pash Pu Mywe horkuns wA N & 6 a 9 99 4 Da E 5 m a E D6 a LE H E 1 a E DE De 9 16 m a s 6 D8 o E 8 POLICE ETYOF GUMBY 1856 Cumby Police Department February 2023 Activity Report Calls for Service Warning Citations Citations 928 91 78 169 0 8 21 17 Total Traffic Contacts Crash Reports Incident Reports Offense Reports Arrests New Hire Hackney & K9 Ace are currently in field training. We are in the process of securing some grants for much needed equipment at little Have implemented a new ticketing process exclusively for illegally parked vehicles. This is mainly to address the problem with illegally parked commercial vehicles at the rest areas. We are having a very positive response regarding this new method. Currently have one vehicle in the mechanic shop assessing an engine failure. Working with Cumby ISD as well as Commerce ISD on implementation ofl K9 services. Commerce ISD will be paying a fee: for us to provide K9 services monthly. Ifanyone has any questions, comments, or concerns regarding the Police Department, please visit with ChiefHundley directly as to avoid any here say and/or rumor control. to no cost to the city as well. Citations are currently being processed through the court... We will not charge Cumby ISD. Thank you. SHNOH/NVW 39vsn S3IVM ABONVIS/NOUYPISAM u 6 VAII E a TVDIGEW 6 4E 38I 38n1onHIS 1 4 3WIHVD 2 2 3HI SSVHS o 3 39VINOV o o 5 ALNNOD a LE ALIDI 2 2 CITY OF CUMBY BUILDING PERMIT REPORT March 14, 2023 (Reporting February 2023 Activity) 1. Commercial Building Permit: . None in. January /February 2023 ii. ISD project manager asked for permit process and it was provided. 2. Residential Permit: a. Building Permit issued: 1101 Donelton Cumby - NEW BUILD restarted andj paid an additional permit fee ast they had passed the Ordinance timeline as well as extension given by Council Many calls regarding several properties that are in the area for sale. Questions regarding: water access; what can be built (zoning); and can pre-fab buildings be brought in? Building Inspections are occurring on completed projects and payments have been made to City of Cumby; in turn, City of Cumby will make payments to Bureau Veritas for inspection services. Requirements for permits has slowed down considerably since summer. It will likely be cyclical Date: March 14, 2023 To: Mayor Hardy, Council Members Subject: Update on Grant and Potential Funding for City; Economic Development GRANTS: obligation is $17,500. Int Progress: Approved. Wastewater Treatment Plant Rehabilitation- $350,000 approved February 1, 2023. City's 1. Infrastructure Investment and. Jobs Act 2021 - Submitted January 16, 2023; pays for safe walking and bicycling networks. Application for sidewalks at Mill and Green Streets for school foot traffic. Schlumberg & Polk Engineering; free grant application preparation. 2. Hopkins County Grant for Warning siren systems - Hopkins County included Cumby as one of 10 sites to receive new sirens. Grant application submitted. January 15, 2023 to Texas Department 3. New well to increase city's capacity - Drinking Water State Revolving Fund, Grant/loan with forgiveness. Request amount $10M. Application. ACCEPTED andi included in DWSRF Intended Use Plan - Project Priority List on March 8, 2023. Schlumberg & Polk Engineering, prepared grant application at no cost to city. Texas Water Development Board, Project Information Form of Energy. (PIF) no: 14809. Application ID 1798450. 4. Meadows Foundation $100,000 request for park improvements DENIED. Matching grant program requires $50,000 from city funds which are unavailable. Grant request will be resubmitted when city! has matchingi funds. department. Deadline March 16, 2023. 5. SAFER Grants from FEMA. Grant preparer from Centex is preparing our submission fort fire 6. State Energy Conservation Office performed assessment of city's energy consumption. January 26, 2023. City could qualify for funding to make energy-saving improvements. Awaiting report 7. Park repairs: Waste Management, Inc. has grants available. Tax-exempt status required. Blackjack Grove Daughters requesting tax-exempt number. Will make application when tax 8. Alderman Mobley and Mayor Hardy volunteering labor/brick to repair 6 lamp post pedestals, install one lamp post and construct "Blackjack Grove Park" entrance sign. Need donations from of findings. exempt number is received. various businesses to: rebuild/repair brick planters, replace 1 lamp post, 3 light globes and repair concrete ramp-$16,000. Playground upgrades additional $50,000. 9. Texas Department of Agriculture Downtown Revitalization grant- - 5250,000-5500,000. Provides money for sidewalks, parking, infrastructure upgrades in designated downtown area, remediation of blighted areas. City must have public hearing, council approval and a certified grant preparer. Deadline for submission is May 3, 2023. May be deferred to next year due to 10. US Department of Agriculture, Rural Development programs -i infrastructure improvements. Cumby may qualify for grants as a disadvantaged city. Funds can be used to purchase, construct, and/o or improve essential community facilities, purchase equipment and pay related project short time constraint. expenses. Application period open year round. ECONOMIC DEVELOPMENT: Road. Waiting for responses. Requests for ai fresh food market to be builti in Cumby were: submitted to Brookshire's, H-E-B, Kroger, and Aldi. Sgt Painter, Economic Development Officer identified potential sites on West I-30 Frontage RESOLUTION R-2023-0002 A RESOLUTION MADE BY THE CITY COUNCIL OF THE CITY OF CUMBY TEXAS AUTHORIZING THE APPOINTEMENT OF A REPRESENTATIVE TO SERVE AS A DIRECTOR ON THE ARK-TEX COUNCIL OF GOVERNMENTS BOARD OF DIRECTORS WHEREAS, the ARK-TEX Council ofGovernments! (ATCOG) was organized by local governmental entities in 1966 and was chartered as a not-for-profit corporation under Chapter 391, Local Government WHEREAS, Reorganization in 1968 by the States of Texas and Arkansas as a sub-state political subdivision to allow. ATCOGI to plan, assist local governments and deliver public services, but has noj power WHEREAS, ATCOG is governed by a Board ofI Directors, and state law requires that this governing WHEREAS, ATCOG serves the Northeast Texas and Southwest Arkansas region that is comprised of nine (9) counties in Texas and one (1) in Arkansas, and includes cities, counties, school districts, and WHEREAS, the general purpose of ATCOG is to plan for the unified, far-reaching development of the region, eliminate duplication ofs services, and promote economy and efficiency through coordination; WHEREAS, the City of Cumby is a member in good standing with the ARK-TEX Council of WHEREAS, the City of Cumby has one position reserved on the ARK-TEX Council ofGovernments Code; and to tax or to regulate; and body be composed primarily of local government elected officials; and special districts with membership open to all interest governmental entities. Governments; and Board of Directors; and NOW, THEREFORE, BEI IT RESOLVED: ARK-TEX Council of Governments Board of] Directors. is hereby appointed to serve as Representative on the PASSED AND APPROVED by the City Council oft the City of Cumby this the day of 2023 Amber Hardy, Mayor ATTESTED TO: Betty Jo Hardman, City Secretary R-2023-0002 March 2, 2023 1 ORDINANCE NO. 2023-003 AN ORDINANCE OF THE CITY OF CUMBY AMENDING THE CITY'S CURRENTTRASHI RATES; ESTABLISHING RATES FOR TRASH SERVICEAS SHOWN ON THE "SCHEDULE OF SERVICES AND RATES" EXHIBIT A; AMENDING BULK WATER RATES AND PROVIDING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Council of the City of Cumby, Texas recognize the importance and necessity of amending the existing Schedule of Rates and Charges that equitably applies to those Customers and Entities that receive Services from the City; and, WHEREAS, as authorized under law, and in the best interest of the citizens of Cumby, Texas, the Mayor and City Council deems it expedient and necessary to adopt an amended SCHEDULE OFSERVICESAND RATES as included under EXHIBIT A"ofthis Ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF SECTION1: FINDINGS OF FACT. All ofthe above premises are hereby found to be true and correct legislative and factual findings of the City Council and are hereby approved and SECTION2: SCHEDULE OF SERVICES AND RATES. The Schedule of Services and Rates, attached hereto as "EXHIBIT A,"i is hereby adopted as effective and binding in and for the City of SECTION3: REPEAL OF CONFLICTING ORDINANCES. All Ordinances, or other Rate Schedules, or Policies of the City, or portions of those Ordinances and/or Policies, that conflict with the Provisions oft this Ordinance and the amendments tot the "Schedule ofServices and. Rates," EXHIBIT A shall be repealed unto the conflict only and shall otherwise remain in full force and SECTION4: SEVERABILITY. Should any paragraph or part or section of this Ordinance or the "Schedule of Services and Rates," EXHIBIT A be adjudged or held to be illegal or invalid, such severability shall not affect the validity of the remainder oft the Ordinance and the "Schedule SECTION5: EFFECTIVE DATE. This Ordinance and the "Schedule ofServices and Rates," EXHIBIT A shall be of full force and effect immediately upon the adoption by the City Council THE CITY OF CUMBY, TEXAS: incorporated into the body of this Ordinance asi ifo copied in their entirety. Cumby and is incorporated herein for all purposes. effect. ofServices and. Rates." of the City of Cumby. 0-2023-003 March 2, 2023 1Page ADOPTED AND APPROVED on this the 2023, by the City Council oft the City of Cumby, Texas. day of Amber Hardy, Mayor ATTEST: Betty Jo Hardman, City Secretary 0-2023-003 March 2, 2023 2Page CITY OF CUMBY Ordinance 0-2023-003 EXHIBIT A Schedule of Services and Rates 3Page CITY OF CUMBY 0-2023-003, Exhibit A $150.00 $200.00 $200.00 $250.00 $325.00 $35.00 $20.00 $10.00 $35.00 $35.00 $50.00 $35.00 $35.00 $2,250.00 $4,250.00 $2,250.00 $4,250.00 Deposit - Residential Owner (inside City Limits) Deposit - Residential Owner (outside City Limits) Deposit Residential Renter (inside City Limits) Deposit Residential Renter (outside City Limits) Deposit - Commercial Connection Fee Late Fee Disconnect Notice Disconnect Fee Reconnect Fee After-hour Reconnect Fee Transfer Fee Return Check Fee Water Tap Fee - Residential Water Tap Fee - Commercial Wastewater Tap Fee - Residential Wastewater Tap Fee - Commercial BULK WATER RATES/LOAD: *N New Account (one time) Set-up Fee: $20.00- Tol be discussed $10.00 $15.00 $30.00 $45.00 0-1000 Gallons 1001-2000 Gallons 2001 -3 3000 Gallons MONTHLY BASE RATE: 5001+ Gallons WASTEWATER RATES: $23.00 incl to 5000 Gallons $4.50/1,000 or thereof up gal part MONTHLY GARBAGE RATES: Residential within/outside 1Cart $20.00 the City Limits the City Limits Commercial Commercial Residential within/outside +Cart $10.00(EA) 1Cart $35.00 +Cart MONTHLY WATER RATES = CUSTOMERS WITHIN CITY: $10.00(EA) THE CORPORATE LIMITS OF THE MONTHLY DEMAND RATE: $10.50-F PLUS 5001 - 15000 Gallons $8.00/1,000 gal or part thereof 15001 - 50000 Gallons $8.50/1,000 gal or part thereof MONTHLY WATER RATES - CUSTOMERS OUTSIDE THE CORPORATE LIMITS OF THE HOUSING AUTHORITY: WATER USAGE 20001-50000 50001+ SEWER USAGE 20001+ $220.00 (INCL up to 20000 GAL) $5.50/1,000 gal or part thereof $ 7.00/1,000 gal or part thereof $220.00 (INCL up to 20000 $4.50/1,000 GAL) thereof 0-3 3000 Gallons 3001 - 5000 Gallons 50001+ Gallons $6.75/1,000 gal or part thereof $7.50/1,000 gal or part thereof $9.00/1,000 gal or part thereof gal or part CITY: MONTHLY DEMAND RATE 2001 -3 3000 Gallons 3001 - 5000 Gallons 5001+ Gallons $42.00 (INCL 2000 GAL) $5.50/1,000 gal or part thereof $5.70/1,000 gal or part thereof $7.00/1,000 gal or part thereof RATES. MAYI BE. SUMVECTTOTAKIFANT, 4IPage ORDINANCE NO. 2022-05-006 AN ORDINANCE OF THE CITY OF CUMBY AMENDING THE CITY'S CURRENT TRASH RATES; ESTABLISHING RATES FOR TRASH SERVICE AS SHOWN ON THE "SCHEDULE OF SERVICES AND RATES" (EXHIBIT A); AMENDING WATER AND WASTEWATER TAPE FEE AND PROVIDING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING WHEREAS, the Mayor and City Council of the City of Cumby, Texas recognize the importance and necessity of amending the existing Schedule of Rates and Charges that equitably applies to those Customers and Entities that receive Services from the City; AN EFFECTIVE DATE. and WHEREAS, as authorized under law, and in the best interest of the citizens of Cumby, Texas, the Mayor and City Council deems it expedient and necessary to adopt an amended SCHEDULE OFS SERVICESAND, RATES as included under "Exhibit A"ofthis NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY Ordinance; COUNCIL OF THE CITY OF CUMBY, TEXAS: SECTIONI FINDINGS OF FACT. All of the above premises are hereby found tob be true and correct legislative and factual findings of the City Council and are hereby approved and incorporated into the body of this Ordinance as if copied in their entirety. Services and Rates attached hereto as "Exhibit A" is hereby adopted as effective and binding in and for the City of Cumby and isi incorporated herein for all purposes. SECTION3. REPEAL OF CONFLICTING ORDINANCES. All Ordinances, or other Rate Schedules or Policies of the City, or portions of those Ordinances and/or Policies, that are in conflict with the Provisions oft this Ordinance and the amendments to the "Schedule of Services and Rates" (Exhibit A) attached hereto, shall be repealed unto SECTION4. SEVERABILITY. Should any paragraph or part or section of this Ordinance or the Schedule of Services and Rates" (Exhibit A) be adjudged or held to be illegal or invalid, such severability shall not affect the validity of the remainder of the SECTION5. EFFECTIVE DATE. This Ordinance and the "Schedule of Services and Rates" (Exhibit A) shall be of full force and effect immediately upon the adoption by the SECTION2. SCHEDULE OF SERVICES AND RATES. The Schedule of the conflict only and shall otherwise remain in full force and effect. Ordinance and the "Schedule of Services and Rates." City Council oft the City of Cumby. May 10,2022 Pagelof5 ADOPTED AND APPROVED on this 10th day of May 2022, by the City Council of the City of Cumby, Texas. Douglas Simmerman, RRh ATTEST: htglay faifmend Betty Jo Hardehan, City Secretary APPROVED. ASTOFORM: Charles Anderson, City Attorney May10,2022 Page 2 of5 CITY OF CUMBY Ordinance No. 2022-05-006 EXHIBIT A Schedule of Services and Rates May10, 2022 Page 3 of5 CITY OF CUMBY ORDINANCE 2022-05-006 Exhibit A Deposit Residential Owner (inside City Limits) Deposit Residential Owner (outside City Limits) Deposit Residential Renter (inside City Limits) Deposit- Residential Renter (outside City Limits). $150.00 $200.00 $200.00 $250.00 $325.00 $35.00 $20.00 $10.00 $35.00 $35.00 $50.00 $35.00 $35.00 $2,250.00 $4,250.00 $2,250.00 $4,250.00 Deposit - Commercial Connect Fee Late Fee Disconnect) Notice Disconnect Fee Reconnect Fee After Hour Reconnect Fee Transfer Fee Return Check Fee WaterTap Fee - Residential Water Tap Fee - Commercial Wastewater Tap Fee Residential Wastewater Tap Fee Commercial MONTHLY WATER RATES- CUSTOMERS WITHIN THE CORPORATE LIMITS OF THE CITY: MONTHLY DEMAND RATE $10.50PLUS 0-3,000 Gallons 3.001 - 5,000 Gallons 5,001 - 15,000 Gallons 15,001 - 50,000 Gallons 50,001+ Gallons $6.75 per 1,000 gallons orj part thereof $7.50 per 1,000 gallons or part thereof $8.00 per 1,000 gallons or part thereof $8.50 per 1,000 gallons or partt thereof $9.00 per 1,000 gallons or part thereof MONTHLY WATER RATES- CUSTOMERS OUTSIDE THE CORPORATE LIMITS OF THE CITY: includes 2,000 $42.00 gallons MONTHLY DEMAND RATE 2,001 -3,000 Gallons 3,001 -5,000 Gallons 5,001+ Gallons $5.50 per 1,000g gallons or part thereof $5.70 per 1,000 gallons or part thereof $7.00 per 1,000 gallons orj part thereof MONTHLY WATER RATES- COMMERCIAL WATER RATES INSIDE AND OUTSIDE THE CORPORATE LIMITS OF THE CITY: includes 2,000 $42.00 gallons MONTHLY! BASE RATE 2,001 -3.000 Gallons 3,001-5 5,000 Gallons 5,001+ Gallons BULK WATER RATE: $5.50 per 1,000 gallons or part thereof $5.78 per 1,000 gallons or part thereof $7.00 per 1,000 gallons or part thereof $45.00 PER LOADI MAXIMUM UP TO3,000 GALLONS May 10, 2022 Page 4 of5 WASTEWATER RATES MONTIVRASERATE 5,001t Gallons $23.00 includes up.tn.5,000Gallons $4.50 perL,000 gallonsar part.thereof MONTHLY GARBAGE RATES WEI NOWOFFER COMMERICALYARD: CONTAINTERS CALLFORADIOTF. Residential within the City Limits (1 cart) Residential outside City Limits (1 cart) Residential/ Commercial (per extra cart) $20.00 $20.00 SI0.00 $35.00 Commercial WATER USAGE 20,001 - 50,000 50,001t Sewer Usage 20,001 + HOUSING AUTHORITY. $220.00 includes up to 20,000 gallons $5.50 per 1,000 gallons or part thereof $7.00 per 1,000 gallons or partt thereof $220.00 includes upto20,000 Gallons $4.50 perL,000 gallons or part thereof_ ABOVE RATES: SUBJECTTO ANY ADDITIONALTAX May 10, 2022 Page 5 of5 Cityof CUMBY 100 Main Street Cumby TX, 75433 (903)994-2272 March 2023 STATEMENT TO: Cumby Youth Softball Association $1 1.00 Per Year Lease of] Building - 102 Depot Street, Cumby Texas $12.00 Per Year Liability Insurance - 102 Depot Street, Cumby Texas Last recorded payment: through 2012 Past Due: 10 years @ $13.00/year 2013-2023 $130.00 TOTAL DUE Due & Payable upon receipt CITY OF CUMBY yeaumty@raumbyalon P.O. .BOX349 CUMBY,TX.75433 PHONE903-9942272 FAX903-994-2650 JULY 16, 2010 Hem 8- Depot Street sprage:12.00 1m #13: Depot street: STATEMENT TO: CYSA *88- $1.00 PER YEAR LEASE OF BUILDING /102 DEPOT STREET, CUMBY,TX. $10.00. PER YEAR LIABILITY INSURANCE/102 DEPOT STREET, CUMBY,TX. gryear 20094 TOTAL DUE: $ 11.00 2010 1 20109 2011 11 aotal Jue #11.00 y 2011 pdzhu 2012 Dar 422.00 Atabbit PAID JUL 162010 City of Cumby Pd 22.00 caah CONTRACTUAL AGREEMENT BETWEEN THE CITYOF CUMBY,TEXAS AND CUMBY YOUTH SPORTS ASSOCIATION This contractual agreement is entered into on this date by the City of Cumby, Texas (hereinafter referred to as "Cumby") and Cumby Youth Sports Association (hereinafter referred to as "CYSA") (collectively referred to as the "Parties") to lease the building previously used by the City of Cumby, Texas Police Department (hereinafter referred to as the "building") on a yearly basis. The "Parties," when referençed to herein, shall also include their principals, past or present officers, directors, shareholders, owners, associates, employees, general partners, partners, limited partners, affiliates, representatives, legal representatives, attorneys, predecessors, successors, assigns, insurance companies, parent companies and/or subsidiaries (whether corporations, partnerships, limited partnerships, limited liability companies or proprietorships). I. Terms A. Consideration. CYSA shall pay Cumby $1.00 per year to lease the building. B. Utilities. CYSA shall be responsible for the payments ofa all utilities. C. Insurance. CYSA shall be responsible to reimburse Cumby the cost to insure the building within ten (10) days notice from Cumby of the cost to insure the building. D. Location. The building will remain wherein it is located at the time of the signing of this agreement until and unless Cumby and/or the Cumby Volunteer Fire Department requests that the building be re-located, which at that time CYSA will have thirty (30) days to safely re-locate the building at their expense. Cumby and CYSA/1 E. AbandnmentPayment of bills. The parties agree that if CYSA fails to timely pay any and all bills as they become due and/or abandons the building for a period of thirty (30) days Cumby shall take possession of the building ending the Lease. F. Representation of Comprehension ofDocument In entering into this Contract, the Parties represent that the terms of this Contract have been completely read and explained to them, and that those terms are fully understood and voluntarily accepted by them. G.F Parties' Intent. The Parties represent and warrant that they are executing this Contract of their own free will and accord without reliance on any representations of any kind or character not expressly set forth herein, after consultation with counsel, and that the Parties expressly assume the risk of any and all mistakes of law or fact, it being the intent of the Parties that this Contract be enforceable and binding. H. Successors and Assigns. This Contract shall become effective upon its execution by the Parties hereto, and thereafter shall be binding upon and inure to benefit of I. Governing Law. THIS CONTRACT SHALL BE GOVERNED BY AND the Parties. CONSTRUED IN ACCORDANCE WITH TEXAS LAW. J. Severability. Any provision ofthis Contract held by a court of competent jurisdiction to be invalid or unenforceable shall not impair or invalidate the remainder of this Contract, and the effect thereof shall be confined to the provision held to be invalid or illegal. Cumby and CYSA/2 K. Entire Agreement. This Contract and the other Contract documents shall constitute the entire agreement oft the Parties with respect to the matters contained herein and shall supercede all previous agreements, whether written or oral, related to such matters. THIS CONTRACT REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE QF PRIOR, CONIEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL. AGREEMENTS BETWEEN THE: PARTIES. Dated: 9-37- 2009. ff CYSA Cumby and CYSA/3