AGENDA NOTICE OF REGULAR 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 of the City of Cumby, Texas will conduct a Regular Meeting on January 10, 2023, at 6:30 Ifthe public desires to speak during a specific agenda item, they must email cren@cipolcumiycon by 4:00 pm on the day oft the meeting. The email must contain the person'st 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@cityofcumby.com, Alderman2@cityofcumby.com; Alderman4@cityofcumby.com and Aaemmgsipofaumls.sem. The meeting packet will be posted on www.cumbylk.com website as soon as it is complete and issued to  p.m., at 100 East Main Street, Cumby, Texas, City Council Chambers.  The meeting agenda is posted online at www.cumbylx.com website.  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 thati 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:(I) 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 involving imminent threat toj public health and safety. Additionally, pursuant to TEX. GOVTCODESS1L.042, the Mayor  speak that you follow guidelines posted at thel bottom of this Agenda.  5. CITYCOUNCIL COMMENTS  orC Council members may request that items be placed on future City Council agendas.  City offices closed January 16th-7 MLK  CONSENT AGENDA & DEPARTMENT REPORTS item willl be removed from the consent agenda and will be considered separately. 6.1. Approval- - City Council Minutes December 13, 2022 6.2. Approval - 2022 December Financials (P&L) 6.3. Approval - Fiscal Year-to-Date 2022-2023 P&L 6.4. Approval -2022 December Vendor Summary 6.5. Approval Public Works Department Activity Report 6.6. Approval - Utility /Maintenance Work Order Report 6.7. Approval Police Department Activity Report 6.8. Approval Municipal Court Activity Report 6.9. Approval Building Permit Activity Report 6.10.Fire Department Activity Report January 10. 2023  All matters listed under this item are considered routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired by any Alderman on any item, that  Pagel 113    7. EXECUTIVE SESSION - In accordance with Texas Government Code, Section 551.001, etseq., the City Council will recess into Executive Session (closed meeting) to discuss the following: a) $551.071(1): Consultation with the Attorney Texas Municipal League Intergovermental Risk Pool on an matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Texas Open Meetings Act regarding pending or contemplated litigation, Cause CV45171, Bryony Hollan, individually and on behalf of the Estate of Donald Hollan and as next friend for D.H.Jr., C.H., and H.H., Plaintiffs, v The b) $551.071(I): Consultation with the City Attorney on a matter in which the duty of the attorney to the governmental! body under the" Texas Disciplinary Rules of Professional Conduct ofthe Statel Bar ofTexas clearly conflicts with the Texas Open Meetings Act regarding: (i) Shane Thomas, Public Works $551.074: (a) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee, or to hear a complaint or charge against an officer or employee: i)Shane Thomas, Public Works Department personnel, completion of 90-day Probation  City of Cumby, Texas; and. Jonathan S. Painter, Defendants.  department personnel  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. OLD BUSINESS  9.1. 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 9.2. Discussion: Update (ifany) Cumby ISD and HWH (project mgr) and Hopkins County Fire Chief regarding state ofCumby water lines to ensure proper pressure for fire system for new high school. May require future negotiations between all entities to see who will bear the cost (cost is yet Reach out to Kansas City Railroad: for access toj property or will require an easement-TBD  County  unknown). Mayor/Maintenance Supervisor)  Where does the upgraded line need tol be placed? ISD/HWH possibly provide manpower; cost. /f fees  Hopkins -J Fire Chief $50,988  Cost ofr material(s), e.g., pipe only (today's price (quote) is $24.28/sf and appx 2100sf-  10. NEW BUSINESS  10.1.Discussion: Plaçement of a living fir tree in Cumby City Park; with the aim of establishing community involvement to nurture towards a living Christmas tree each year for City of Cumby 10.2.I Diseussion/Action: Ordinance 2023-01; because oft thel burden and cost to City ofCumby, charge a$1.00 administrative fee for reprinting Utility bills. The cost to City ofCumby toj produce utility bills each month is $750(+/-). Additional burden when requestedi to reprint bills due to consumers not bringing with them when making payment. Proposed start date of March 2023 billing cycle. 103.Diseusion/ction: Public Works/Maintenance staff to take home city vehicle to transport  celebration. (Alderman Terry Ratliff)  (City Secretary /Mayor)  to/from City during after-hour call-out. (Mayor)  IL.ADJOURNMENT  January 10. 2023  Page213    Executive Sessions Authorized - The City Council fort the City of Cumby reserves right to adjourn into executive session at any time during the course oft this meeting to discuss any matter authorized by Texas Government Code Sections 551.071 (Consultation with Attorey); 551.072 (Deliberations related to Real Property); 551.073 (Deliberations related toj 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: It is anticipated that members ofCity Council or other city board, commissions and/or committees may attend the meeting in numbers that may constitute a quorum of 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 of 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 at the meeting, but 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 oft thei meeting. Pursuant tol Resolution: No. 2020-12 Citizens are givent three minutes (3:00) to speak during "Presentation by Members oft the public may only speak once and cannot passt the individual's time allotment to someone else. Show the Council members thes same respect and courtesy that you expect to be shown to you. The 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 thei meeting, and ifrefused, an order of removal. In compliance with the Texas Open Meetings Act, no member of City Council may deliberate on citizen comments for items not on the agenda. (Attorney General  Citizens."  Direct your comments to the entire Council, nott to an individual member.  Opinion JCO 0169) CERTIFICATE:  Ihereby certify that the above Notice of Meeting was posted on the City Hall bulletin board on the January 5, 2023, at a place convenient and readily accessible to the general public at all times, and to the city's website, tpsymvcumbyiscom, in compliance with Chapter 551, Texas Government  Code.  Ma  Jo  SEr Betty Hardman, City Secretary  VI  anuary 10. 2023  Page313