AGENDA NOTICE OF A SPECIAL MEETING OF THE 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 of Cumby, Texas will conduct a Special Meeting on March 2, 2023. at 5:30 p.m., Ift the public desires to speak during a specific agenda item, they must email srtr@cipotamiy.on by 4:00 pm on the day oft the meeting. The email must contain the 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; Alderman_@eityofcumby.com, Alderman2@cityofcumby.com; Abemasibolumbyson and temnasiposimis.son. The meeting agenda is posted online at www.cumbylx.com website. The meeting packet will be posted on  at100 East Main Street, Cumby, Texas, City Council Chambers.  www.cumbytk.com website as soon as iti is complete and issued to council.  1. CALLMEETING 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 if you wish to Pursuant to TEX. GOV'T CODE 551.0415, the Mayor, a City Council member and Staff may report on the following items of 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 to public health ands safety. Additionally, pursuant to TEX. GOV'TCODE 551.042, involving or Council members may request that items be placed on future City Council agendas.  speak that you follow guidelines posted at the bottom of this Agenda.  5. CITY COUNCIL COMMENTS  the Mayor  . OLD: BUSINESS 05-006).  6.1. Diseussion/Action: Ordinance 0-2023-003. Bulk Water fees (Reference: Ordinance 0-2022- 6.2. Discussion/Action: Resolution 2023-0002, Appointment of a Representative to serve as a 7. EXECUTIVE SESSION-In: accordance with' Texas Government Code, Section 551.076, the Council will recess into Executive Session (closed meeting) to Discuss the following: $Sec. 551.076. DELIBERATION REGARDING SECURITY DEVICES OR SECURITY CLOSED MEETING. This chapter does noti require a governmental body to conduct an open meeting AUDITS; to deliberate:  Director on the. ARK-TEX Council of Governments Board ofl Directors.  City  (1) the deployment, or specific occasions for implementation, of security personnel or devices; (2) asecurity audit. Discuss BIT findings regarding recent City of Cumby Cyber audit.  or  Fchruary 23. 2023  Pagc 112    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  discussed in Executive Session. 9. NEW BUSINESS  9.1. Diseussion/Action: Business IT Service Corps Contract with City ofCumby for ITs services, City, Municipal Court, Police Department. (Reference Ordinance 0-2020-10-01 Single Vendor  Without Contract) 10. 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 of security policy); and 551.087 (Deliberations Attendance by Other Elected or Appointed Officials - NOTICE OF POTENTIAL QUORUM: Itis anticipated that members of City Council or other city board, commissions and/or committees may attend ther 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 thes same items listed on the agenda, which occur at the meeting, buti no action willl be taken by such in attendance unless such item and action is specifically provided for on an agenda  regarding Economic Development: negotiations).  for that board, commission or committee subject to the Texas Open Meetings Act.  Presentation by Citizens Guidelines:  The Mayor will recognize those citizens who have signed up prior to the start of the meeting. Pursuant tol Resolution No. 2020-12 Citizens are given three minutes (3:00) to speak during "Presentation by Members oft the public may only speak once and cannot pass thei individual's time allotment to 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 of order. Continuation of this type of behavior could result in a request by the Mayor that the individual leave ther meeting, andi ifrefused, an order ofremoval. In compliance with the' Texas Open Meetings Act, no member ofCity Council may deliberate on citizen comments for items not on the agenda. (Attorney General  Citizens."  Direct your comments tot the entire Council, not to ani individual member.  Opinion - JC0169) CERTIFICATE:  Ihereby certify that the above Notice of Meeting was posted on the City Hall bulletin board on the February 23, 2023, at a place convenient and readily accessible to the general public at all times, and tot the city's website, tpy/xwwcumlyicom, in compliance with Chapter 551, Texas Government  Code.  L  Betty. Jo Hardman, City Secretary  hargeHilmy  *  Fcbruary 23, 2023  Pagc212    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 ofovemmemsAICOO) 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 ATCOG1 to plan, assist local governments and deliver public services, but has no power WHEREAS, ATCOG is governed by a Board ofl 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 eficiency through coordination; WHEREAS, the City of Cumby is a member in good standing with the ARK-TEX Council of WHEREAS, the City ofCumby has one position reserved on the ARK-TEX Council ofGovernments  Code; and  to tax or to regulate; and  body be composed primarily ofl local government elected officials; and  special districts with membership open to all interest governmental entities.  Governments; and Board of Directors; and  NOW,THEREFORE, BE: IT RESOLVED: ARK-TEX Council of Governments Board ofI 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  March2,2023  1    ORDINANCE NO. 2023-003  AN ORDINANCE OF THE CITY OF CUMBY AMENDING THE CITY'S CURRENT TRASH 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 OFSERVICES/ AND. RATES as included under EXHIBIT A"ofthis Ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF SECTIONI: 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 ofServices and Rates, attached hereto as EXHIBIT A,"isl 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 witht thel Provisions ofthis Ordinance and the amendments to 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 oft 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 ofthe remainder ofthe Ordinance and the "Schedule SECTION5: EFFECTIVE DATE. This Ordinance and the "Schedule ofs Services 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 oft this Ordinance as if copied in their entirety.  Cumby and is incorporated herein for all purposes.  effect.  ofServices and. Rates. .  oft 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  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 Tapl Fee - Residential Wastewater Tapl Fee - Commercial  BULK WATER RATES/LOAD: *New Account (one time) Set-up Fee: $20.00- To be discussed  $10.00 $15.00 $30.00 $45.00 5000 up to gal part  $250.00 0-1000 Gallons  1001- - 2000 Gallons 2001 - 3000 Gallons MONTHLY BASE RATE: 5001+ Gallons  $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  WASTEWATER RATES:  $23.00 incl Gallons $4.50/1,000 or thereof  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 THE CORPORATE LIMITS OF THE MONTHLY DEMAND RATE: $10.50- PLUS 3001 - 5000 Gallons $7.50/1,000 gal or part thereof 5001 - 15000 Gallons $8.00/1,000 gal or part thereof 15001 - 50000 Gallons $8.50/1,000 gal or part thereof MONTHILY WATER RATES - CUSTOMERS OUTSIDE THE CORPORATE LIMITS OF THE  $10.00(EA)  CITY:  HOUSING AUTHORITY:  WATER USAGE 20001 -5 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 thereof $220.00 (INCL up to 20000 GAL) $4.50/1,000 gal or part thereof  0-3 3000 Gallons  $6.75/1,000 gal or part thereof  Gallons 50001+  part  $9.00/1,000 gal or part thereof  CITY: MONTHLY DEMAND RATE 2001 -3 3000 Gallons 3001 - 5000 Gallons 5001+ Gallons  $42.00 (INCL2000 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. MAYBE. SUBVECTTOTAKAFANT,  4Page    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 OF 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: SECTION1. FINDINGS OF FACT.  All of the above premises are hereby found  to be true and correct legislative and factual findings of the City Council and are hereby approved and incorporated into the body oft 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 is 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 ofthis 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 ofthe City of Cumby.  May 10,2022  Page 1 of5    ADOPTED AND APPROVED on this 10th day ofl May 2022, by the City Council of  the City of Cumby, Texas.  Dhhi Douglass Simmerman, Mayor  L  ATTEST: Betty Hardbhan, City Secretary bales  aifmene  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 Retum 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 -1 15,000 Gallons 15,001 - 50,000 Gallons 50,001+ Gallons  $6.75 per 1,000 gallons or 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 part 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 3,000 Gallons 3,001- -5,000 Gallons 5,001+ Gallons  $5.50 per 1,000gallons 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  MONTHLYBASE 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  MONTIVBASERATE 5,001+ Gallons  $23.00 includes upto.s,mGallans $4.50 per.1,000 gallonsor part.thereof.  MONTHLY GARBAGE RATES WEI NOWOFFER COMMERICAL YARD CONTAINTERS CALLFORAQUOTE.  Residential within the City Limits (I cart) Residential outside City Limits (1 cart) Residential/ Commercial (per extra cart)  $20.00 $20.00 $10.00 $35.00  Commercial WATER USAGE 20,001-5 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 orj part thereof $220.00 includes uptn20,000Gallns $4.50 per.L.000 gallonsor part thereof_  ABOVE RATES SUBJECT TO. ANY. ADDITIONALTAX  May 10, 2022  Page 5 of5