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 ofthe City of Cumby, Texas will conduct a Regular Meeting on July5.2022.atf 6:30 p.m.,at Ifthe public desires to speak during a specific agenda item, they must email surtup@eipoltumlycen by 4:00 pm on the day of 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; hemunl@epofaumhscm. smmdsbelumiyaens alderman4@cityofcumby.com; mbyalcemn@emailcon The meeting agenda and agenda packet are posted online at www.cumbylx.com website.  100] East Main Street, Cumby, Texas, City Council Chambers.  1. CALL: 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." Ify you wish to speak, you must follow these guidelines. As a courtesy to your fellow citizens and out of respect to our fellow citizens, we: request that ifyou wish to Pursuant to TEX. GOVT CODE 551.0415, the Mayor, a City Council member and Staff may report on the following items of community interest:(1) expression oft 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 ands safety. Additionally, pursuant to' TEX. GOV'T CODE 551.042, the Mayor Alli 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 of these items. Ifdiscussion is desired by any Alderman on any item, that  speak that you follow guidelines posted at the bottom of this Agenda.  5. CITY COUNCIL COMMENTS  or Council members may request that items be placed on future City Council agendas. . ( CONSENT AGENDA & DEPARTMENT REPORTS  item willl bei removed from the consent agenda and will be considered separately. 6.1. Approval - City Council Minutes, Regular Meeting, June 14,2022 6.2. Approval - City Council Budget Workshop Minutes, June 21,2022  6.3. Approval - 2022 June Financials 6.4. Approval - 2021-2022 Vendor Balance. Detail 6.5. Approval - Public Works Department Activity Report 6.6. Approval - Utility Maintenance Work Order Update Report 6.7. Approval - Police Department Activity Report 6.8. Approval- - Municipal Court Activity Report 6.9. Approval- - Building Permit Activity Report 6.10.1 Fire Department Activity Report  6.4.1. Messer, Fort & McDonald - recap of March 14 April /May 2022 billing (over $2500)  July 5, 2022  Page113    7. EXECUTIVE SESSION  7.1. In accordance with Texas Government Code, Section 551.001, et seq., the City Council will recess into 7.1.1.1. Discussion I Action: $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: City Secretary Betty Jo Hardman (Mayor 7.1.1.2. Discussion 1 Action: $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: Associate Judge Rita Graham (Alderman  Executive Session (closed meeting) to discuss the following:  Douglas Simmerman) Aly Crocker) System. (Alderman. Aly Crocker)  7.2. Discussion/Action: $ 551.089 Deliberation regarding Security Devices for Municipal Court Security  8. RECONVENE INTO OPEN SESSION:  8.1. In accordance with Texas Government Code, Chapter 551, the City Council will: reconvene into Regular 9.1. Diseussion/Action: Alderman 4, Aly Crocker, Committee update regarding review of Ordinances / 9.2. Discussion/Action: Resolution R-2022-06-1011 Tabled in June 14, 2022, Council Meeting: Amending City ofCumbyl Employee & Policy Manual asi it) Relates to: City ofCumby Participation with' TML; Normal Working] Hours, City Hall Staffa and) Maintenance Department Staff; Meall Periods; Overtime during a Week iny which there is a City Holiday; Flex-time Work schedule (REMOVED); and Exempt Employees; Costs to the City Associated with Training programs for Staff; and Notification of Accident Incidenti to City Secretary 9.3. Discussion/Action: Ordinance 0-2022-06-010 Tabled in June 14, 2022, Council Meeting Repealing, Revoking and Replacing Ordinance No. 97-5 and 82-A; Establishing hours and use of Cumby City Park  Session to consider action, ifany, on matters discussed in) Executive Session.  9. OLDI BUSINESS Resolutions  (Mayor Simmerman) (Mayor Simmerman) 10. NEW BUSINESS  1u.Dscusion/Action: Bamboo Street Right of Way Maintenance and Preservation  102.Dscusiom/Action: Ordinance 0-2022-07-011, Repealing and Revoking Ordinance 87-8, Restricting who 103.Diseusion/Action: Ordinance 0-2022-07-012, Repealing, Revoking and Replacing Ordinance 2003-13, An Ordinance oft the City Commission of the City of Cumby, Texas, Providing for the Distance of Place of Business from Church, Public School, or Public Hospital Repealing All Ordinances or Portions of Ordinances in Conflict Therewith; and Providing that this Ordinance Shall be in Full Force and Effect...." 104.Dscussion/Action: Resolution R-2022-07-1012, A Resolution of the City Council of the City of Cumby Texas authorizing the appointment of a representative to serve as a Director on the. ARK-TEX Council of 105.Dseussion/Action: 2022-2023 Fiscal Year Budget and 2022 Tax Rate (agenda item until Agenda approved  can hold public dances. "(Alderman Crocker)  (Mayor Simmerman) Governments Board ofI Directors & new tax rate determined)  IL.ADJOURNMENT  Executive Sessions Authorized - The City Council for the. City of Cumby reserves right to adjourn into executive session at time during the çourse oft this meeting to discuss any matter authorized by Texas Government Code Sections 551.071 with Attomey); 551.072 (Deliberations related tol Real Property); 551.073 (Deliberations related top Section 551.074 (Personnel Matter); 551.076 (Deliberations regarding the deployment of security prospective devices or the gifts implementation donations); ofsecurity policy); and 551.087 (Deliberations regarding Economic Development: negotiations). Attendance by Other Elected or Appointed Officials - NOTICE OFI POTENTIAL QUORUM: Itis anticipatedi that members of City Council or other city board, commissions and/or committees may attend the meeting in numbers that may constitute a quorum oft the other city boards, commission and/or committees. Notice isl hereby given that the meeting, tot the extent required law, is also notices as a meeting of the other boards, commissions and/or committees of the City, whose members may be by in  any or (Consultation  July 5, 2022  Page213    attendance. The members of thel 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 will be taken by such in attendance unless such item and action is specifically provided for on an agenda for that board, commission or committee subject tot the' Texas Open Meetings Act.  Presentation by Citizens Guidelines:  Thel Mayor will recognize those citizens whol haves signed up priort tot thes start oft the meeting. Pursuant tol Resolution No. 2020-12 Citizens ares given three minutes (3:00) tos speak during Presentation by Citizens." Members oft the public may only speak once and cannot pass the individual's time allotment to someone else. Direct your comments tot the entire Council, not to ani individual: member. Showt the Council members the: same respect and courtesy that you expect tol be shown toy you. Thel Mayor will rule any disruptive behavior, including shouting or derogatory statements or comments, out of order. Continuation oft this type ofbehavior could resulti in a request by thel Mayor that the individual leave the meeting, and if refused, 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 ont the agenda. (Attorney General Opinion - JC0169)  City Council Comment Guidelines:  Expressions oft thanks, congratulations, or condolences. Information regarding holiday schedules purposes oft thiss subdivision.  An honorary or salutary recognition of aj public official, public employee, or other citizen, except that a discussion regarding a change ins status ofa a person's public office or public employment is not honorary or salutary recognition for Information regarding as social, ceremonial, or community event organized or sponsored by an entity other than the Announcements involving ani imminent threat tot the public health and safety of people int the municipality or county that  Areminder about an upcoming event organized or sponsored byt the goveming body. governing body or an official ore employee oft the municipality or county; and  has arisen after posting oft the agenda.  CERTIFICATE:  Ihereby certify that the above Notice ofl Meeting was posted on the City Hall bulletin board on1 the, July 1,2022, at aj place convenient and readily accessible tot the general public at all times, and to the city's website, tps/hwwcumlyicom, in compliance with Chapter 551, Texas Government Code.  fhnen  ba  Betty. Jo Hardman, City Secretary  July 5, 2022  Page313        Meeting Minutes for June 14, 2022  CityofCumby City Council  1. CALLI MEETING TO ORDER - Mayor Simmerman called the meeting to order @ 6:30pm 2. PLEDGE OF ALLEGIANCE. AND INVOCATION was led by: Mayor and Christina Maples  3. ROLLCALL & QUORUMI REPORT  Attending:  Mayor Douglas Simmerman Alderman 1, Amber Hardy Alderman 3, Wayne Mobley 4. PRESENTATION BY CITIZENS 4.1. Nol Presentations by Citizens 5. CITY COUNCIL COMMENTS  Mayor Pro' Tem &. Alderman 5, Ryan) Horne Alderman 2, Katherine Flinn Alderman 4, Aly Crocker  Mayor Simmerman: Welcome to new aldermen: Ms. Amber Hardy, Place 1 and Ms. Katherine Thank you!! Sheryl Lackey for serving as Alderman 1 from 11/2021 to 05/2022. November 8, 2022, Election for: MAYOR, ALDERMAN PLACE 1 & PLACE2. July 5th-Tuesday Council Meeting for regular July meeting Church servicei int the park that all churches participated: in was outstanding over. Memorial  Flinn, Place 2  Day weekend!  6. CONSENT AGENDA & DEPARTMENT REPORTS  Alli 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 of these items. Ifdiscussion is desired by any Alderman on any item, that  item willl be removed from the consent agenda and willl be considered separately. 6.1. Approval - City Council Minutes, Regular Meeting, May 10, 2022 6.2.1. Review Messer Fort & McDonald March/ / April 20221 Bill 6.2.2. Repair for City Hall, Air Conditioner, Court-side & restructure vents in attic 6.3. Approval - 2021-2022 Vendor Balance Detail /Unpaid bill ledger 6.4. Approval - Public Works Department Activity Report 6.5. Approval - Utility Maintenance Work Order Update Report 6.6. Approval - Police Department. Activity Report 6.7. Approval- - Municipal Court Activity Report 6.8. Approval - Building Permit Activity Report 6.9. Approval - Firel Department Activity Report ther new RV sales moving into Cumby?  6.2. Approval- - 2022 May Financials  Alderman Horne said he was sorry to have missed last month's meeting and asked how the presentation went from Mayor Simmerman said that we should alsol have aj presentation from the new RV park; and they should complement each other- - RV sales; repairs; maintenance andi then the RV Park thati is inj planning /build now. Alderman Crocker expressed her concern regarding bills the City! has, including the Attorney bill. (City Secretary had provided al break-out of the current bill as well as the first month billing from April 2022 from Messer). She asked how the City plans toj pay and] how tol keep: from getting that high? What can we do to save? Mayor Simmerman said! hel had addressed] hours we weres spending with Attorney at last council meeting; and] hel knew that was going tol happen - expressed concern when interviewingi firms that this would change and impact budget as alli firms werel higher fees than thej past two (2)City. Attorney's City ofCumby hasl had.  June 14. 2022  Page 116    Charles Anderson, City Attorney, recommended that City has one or two people that contact their office to request work. They want to make sure it's going tol be very clear when asked to do something iti is approved by City. One or two people that are the office requestors; we want toi respond to what is wanted; but want tol bes sure we're responding appropriately. They want to ensure they only do what we need to do. Time is money - that is of course how they Mayor Simmerman responded andi reminded Council, there are more ways to address questions ori items to be placed onI next meeting agenda. Good] lesson in not just asking for every little thing; time is money! Everytime we email or Alderman Horne said wel have not seen al lot of change over thel last year; come prepared and have actual issues we're  operate.  request something- there is ai fee. Also, asks that Council come prepared; addressing. Hei made motion to approve Consent Agenda as presented;  Alderman Hardy 2nd 5/01 motion carried unanimously 7. OLD BUSINESS  7.1. Discussion: Alderman 4, Aly Crocker, Committee update regarding review of Ordinances /Resolutions Alderman Crocker reported that she has put a committee together, (one member may be backing out). Ordinances need al lot ofwork; some even list' "Commerce" versus Cumby as thel location thatt the Ordinance was prepared for. She does not yet have ai full report ready. Mayor Simmerman inquired as to whoi is on the committee? Alderman Crocker Reported: Sheryl Lackey; Betty McCarter; Rhondal Lemon. Alderman Crocker: Reported that some Ordinances we: may wish to repeal versus amending; suggestion - Commented that Officer Painteri is very knowledger regarding Codes, Ordinances, etc. Whati is good and what Associate. Judge (attending council meeting) Rita Graham said that they (Officer Painter and she) work hand 7.2. Discussion: Per the direction by Council in May 2022, meeting, Cumby Municipal Court has connected with County Judge Newsom's office; inner-local agency agreement isi inj place; they will: forward a copy of the document for Cumby files. Once secured, Cumby will send Truancy prevention diversion fund accumulated funds tol Hopkins County auditor'soffice, Shanna Halsbrook, quarterly. Alli funds upi tol March Governing body should review and approve they don'tknow when ity was passed; Thel Mayor indicated that ity was passed sometime early in his sitting as Mayor. Itis an inner-local agreement. County one and thena a small city within it; funds from Truancy fund will send every quarter; hold until end of next qtr. and then  Mayor Simmerman: Thank you for heading up. Will be al lot to work  repeal versus amend. isp priority.  inl hand and she would bel happy tol help.  31, 2022, willl be sent.  forward end ofe each quarter thereon.  8. NEW BUSINESS  8.1. Discussion: New Aldermen seated! May 16, 2022: Presentation by City Attorney regarding Open] Meetings ATTACHED AND MADE PART OF MINUTES; HANDOUTS FROM THE CITY ATTORNEY 8.2. Discussion/Action: Notice of Deadlinei tol File Applications for Place ont thel Ballot (Mayor)  and (potential) Walking Quorum situations (Charles Anderson, City Atty)  PRESENTED ATMEETING  Acopy oft thel Notice ofl Deadline tol File Application for Place on Ballot was included as] part of this month's Council Packet. It will be executed and posted by the City Secretary prior tot the deadline of June 23, 2022.  June 14, 2022  Page216    8.3. Discussion/Action: Resolution R-2022-06-1010 Calling for a General Election and Establishing the Procedure fort the General Election for City Officers tol bel Held on November 8, 2022, ini the City of Cumby,  Texas; and Providing for Other Matters Related to thel Election (Mayor) Alderman Crocker made motion to accept Resolution R-2022-06-1010 as presented  Alderman Horne 2nd 5/01 motion carried unanimously  Each council member, the mayor and the City Attorney, and the City Secretary signed the Resolution. It 8.4. Discussion/Action: Review Calendar for 2022-2023 Fiscal Year Budget and set Workshop date(s) (Mayor) Mayor Simmerman led the discussion, he wants Cumby to get prepared for workshops; Cumby has always been late and behind on thisi issue. Ms. Graham, Associate Judge alsoi in attendance, asked if anyone from the city department: need to attend workshop meetings? Mayor indicated that] he needs to get an email outs sO everyone can send recommendations of department needs and recommendations for 2022-2023 budget to Recommended dates of. June 21 and June 28 budget workshop; Alderman Horne is out of the country on 6/28; if all taken care of, we won't need to have two meetings and cancel June 28th. Last year it didn't happen, and City of Cumby got in a pickle. All items and expenses are "real numbers" versus estimated as Once thel budget is made approved by Council, the next: step will be to review the' Tax Rate. Last year, Tax Rate was "no new: revenue" wherein the tax rate stays the same, but] Municipality receives additional funds due to the increase inj property values. We are getting started in June on the budget which is really early. Once thel budget is determined; Councili then determines whether orI nota ai taxi increase is necessary. Its seems like something always comes up that keeps us from reviewing in time to meet the Texas State Statute timeline regarding budget andt tax rates each year (schedule attached as part oft this council packet). Should Council determine iti is necessary to1 raiset taxes above what used tol be "rolll back" and today is called "voter approval", then there mustl be an election by the voters, and this starts compressing the calendar/ time frame Alderman Horne said he is starting a: new job andi if we could push the start time ofmeeting to: 5:30 on 21st 8.5. Discussion/Action: Resolution R-2022-06-1011 Amending City of Cumby Employee & Policy Manual as itF Relates to: City of Cumby Participation with TML; Normal Working Hours, City Hall Staff and Maintenance Department Staff, Meall Periods; Overtime during a Week in which there is a City Holiday; Flex-time Work: chedule(REMOVED): and] Exempt] Employees; Costs tot the City Associated with' Training Alderman Horne referenced email sent tol him by Citizen SherylL Lackey; she was unablet to attend; and asked him to read before council. The email is attached hereto andi made aj part oft this minute packet. Associate Judge, Rita Graham attended the meeting. She contacted TMRS who reported that Cumby isi in compliance and contributing 1:1 ratio for retirement. Iti is also in an Ordinance for Cumby toj participate at 1:1. She further asked if not matching 1:1 city-wise; when did it stop? There is an Ordinance and if not Need to go back and find out who / when changed the match to each employee? There are clear minutes from ai meeting council and their vote; or something was changed - Ordinance: 2007-7 Effective January She further stated that the previous City Secretary changed the insurance contribution the City pays employees to earned income; and started taking taxes out. Ms. Graham believed that wasn'tappropriate? Ifiti is stated that iti is for "Medical Coverage reimbursement", shouldn'tthat be tax-free?  willl be sent tol Hopkins County Election officials.  Mayor.  int the past two fiscal year budgets presented.  ofv when eachi item is due tol be sent/ / posted /voted on published/etc.  Junet that would be preferred.  programs for Staff; and] Notification of Accident Incident to  City Secretary (Mayor)  matching; she would think that the City is supposed to reimburse; 1,2008; passed and approved by council: 11/13/2007.  June 14. 2022  Page316    City. Attorney Charles Anderson cleared things up when] hei reported: :.. I've been part ofRetirement plans for most of my career; now under retirement plan and iti is a great plan through TML". What I would tell youi is 5% and 5%- - iti is an apples and oranges: 5%1 from employee there is no fudging that; the 5% fort the city's contribution is what the retirement is worth when itj is to be paid. The city is liable as ift they made that 5%1 though-out their career. He explained that not every employee makes it to retirement; many leave before they vest. Many vest and take all in one lump sum; city is no longer due to contribute that number over the employees lifetime. Ift the employee that works 20 years; TMRS is looking at actuarial numbers; have enough money for you to pay - but you don't have toj pay all that money up front; I don'tknow any city that actually pays and that's where the % is set-up; then the city has tol have account set aside toj place the remaining % set aside. Best guess is when toj pay the - control over the money; employee leave - all city obligations go through TMRS and no obligation by the City. No other account is to be maintained by You can choose tol leave the way iti is currently written ini thel handbook; or updated as per the proposal which makes ital lot clearer ini my mind regardingl how that goes; TMRS: sends a statement every: year and addresses Next] Item: Time and Attendance: Ms. Graham read thej proposed statement regarding time and attendance; #3 on the resolution determine by the workload. Normal working hours of City Hall and court; or does it She further asked is "Court" part of City Hall? Does she follow under City Hall legally? City can decide where she is: Monday - Friday 8-5pm - work inside this building per mayor; Who determines Municipal Court workload; previously aj part-time position; saw how the court was in disarray. Question - does she need to work Saturday? Determine whether have enough to work 8-5; Courti is not slow; money has slowed down due to economics; phone is still ringing but most are: setting up payment plans. Still doing good. The  the city.  how much the %1 to be contributed by City.  just mean City Hall? Determine by workload of the city?  Mayor says it will be stated; notj just this council; determined by thel Mayor. Responsibilities for day-to-day operations of the city is thel Mayor;  Working Overtime during a "holiday" week: Ms. Graham spoke to this point stating: Tuesday - Friday; extral hours clocked in. Wel have 11 holidays paid- -you'll pay employee for o/t; alli in different departments other will apply to each; Gave example when she worked at another employer, they never worked moret than The Mayor said Cumby has "Beat this dog to death" (handbook). Inl his work life, hel has gone to work and done job and gol home. Idon'task for anything extra; and don't worry about al handbook; just do aj jobi that Alderman Crocker asked how impacting budget? And, what's best fort the city? Mayor Simmerman said his view was to look at what's best for employee. Keep good people. Alderman Crocker said that all her employees get holiday pay; and if they work over 32 hours, they get Mayor Simmerman said that overtime is emergency only. Option. is tol let them offe early; but if we doi that, and people take a couple of hours off then people start complaining. Never gonna make people happy Next Item: Ms. Graham spoke to Flex time to be removed in its entirety: Shel had emails back and forth when she went salary. City of Cumby's City Attorney (previous to this City Attorney) said she got flex time. Iftaking out flex time, then she wants to come off"salary". She stated: "BJ'sp pay ist right in line with minea asi isl Mr. Dudley. Why are they getting comp time andI Igetnothing? Icannot accumulate flex] hours?" Alderman Crocker stated that employee cannot compare to another person as duties / assignments are different and each will make what's appropriate for that job; not everyone make the same. Mayor Simmerman stated that Flex or Comp Time has to be approved by the mayor. Monday - Friday  that 401 hour workweek. : FLSA - how do we word this? Take off thel hour?  I'm supposed to do.  This document iss something tol look over.  overtime.  comb over some more and we can table and come back next month?  should work 8-5. June 14, 2022  Page416    Ms. Graham went on further that she was not allowed to hire anyone else part-time and during warrant round-up she ran court byl herself; and has continued to dos sO. Example: Just to get filing done; she gave ups Saturdayst to come up andl keepi itup. Last fiscal year council agreedt to allow met to roll-over accumulated flext time. Thel Mayor now: saysI Icannot accumulate more flex time. But, ifIhave: 501 minutes over 801 hours  ini two weeks, I cannot get flex time? Itried tot take flex time off andi it's not approved.  Mayor said we are paying Ms. Graham out for flex time accumulated.  Mayor Simmerman: City needs to clarify flex time. Flex time is not accumulated vacation time; Ms. Graham: Office Time is 8-5; we (staff) do not have ability to change; I should be accumulating flex versus comp time and City pays at 1:1 versus 1 to 1-1/2 for overtime. Hourly staff automatically get Mayor Simmerman: For employee issues, hash over it and chew on it. Again, table for next meeting. City Attorney contributed that the background is Federal law and Fair Labor Standard Act (FSLA). non- exempt classification: Non-exempt cannot work more than 40 hours without getting overtime; exempt people don't get paid over time and they are not eligible for comp time under FLSA. Cities can certainly Legal standpoint: flex time; work 14 hours day today - come in two hours tomorrow. IfI work 421 hours, Consistent non-exempt must be paid non-exempt; there is an option to pay exempt overtime or not pay Council determined to set aside Resolution R-2022-06-1011 and review in. July meeting. Council Hardy requested notes from Ms. Graham; andi review with what employee handbook has. 8.6. Discussion/Action: Ordinance 0-2022-06-010 Repealing, Revoking and Replacing Ordinance No. 97-5; Mayor Simmerman reviewed the Ordinance stating: this provides a 10:00pm closing time for the Park. Public can reserve and havei it open later. Ordinance like that inj place; allows police to stop and visit with kids that might bei in thej park late; especially ifthey are kicking ini the door. Also, the city isi noti responsible for determining hours or traffic at the Baptist Church (or any church/ / business). They should "pos!" their Alderman Crocker said she didn'tagree with 10:00pm closing time. Gavea an example ofas situation shel had at one time and went to the park late to sit and think. Does the Ordinance keep someone from going to the park today? Can police make a taxpayer leave that park? City may have a curfew, but none are posted. Mayor Simmerman responded, but we dol have problems in thej park. No, we are not. Dallas; but someone has tried tol kick in the doors recently. Gives thej police the authority that they cannot be there. Its 10:00pm  overtime.  go beyond that; always gol hourly - cannot always go exempt. I'm going tol have 21 hours of overtime to use for non-exempt employees.  overtime.  Establishing hours and use ofCumby City Park  own guidelines.  Why are we keep law abiding people from thej park?  do you know where your kids are? Thel PD can judge the circumstances /1 liability. Alderman Crocker: Iwant everything for law abiding citizens Mayor Simmerman: Iti is the Spirit of the law not thel letter oft the Iaw.  Council determined to set aside Ordinance 0-2022-06-010 and review in July meeting.  June 14, 2022  Page516    8.7. Discussion/Action: Ordinance 0-2022-06-011 Amending Drought Contingency Plan - City of Cumby,  No. 2016-05-001  City Attorney recommends that this is reviewed and then updated each year. Alderman Ryan made the motion to accept Ordinance 0-2022-06-011 as presented.  Alderman Crocker, 2nd  5/0 none opposed, motion carried unanimously 9. ADJOURNMENT-8.15adjourned  Mayor  QAk  ATTESTED:  to Forma  butth RHhr Betty Jo Hagdman, City Secretary  Charles  t4  June 14, 2022  Page 616    City Secretary From: Sent: To: Subject:  Ryan Horne Tuesday, June 14, 20227:16P PM City Secretary Fwd: Meeting June 14, 2022  Get Outlook for ios From: Sheryl Lackey To: Ryan:  Sent: Tuesday, June 14, 2022 5:36:20 PM Subject: Meeting. June 14, 2022  lam unable to attend tonight's meeting. (Iforgotlhad agreed to a dinner date.)Iwould like for you to read this for me Ispoke with a gentleman at TMRS, after informing him Iwas no longer a City Council Member, to verify that the city is matching the retirement: ata a: 1:1 ratio. He assured me that the City of Cumby isi in fact matching at a 1:1 ratio. lam still unclear as to what the' "Actuarial Valuation" is, however, if anyone has any questions they may call TMRS for verification. I'd like to caution if the Council would like to pass what the City Secretary is suggesting, that Ordinance 2007-7 needs to be repealed and/or amended as it sets the terms ofr requirements of TMRS. Normal working hours for city hall is to be determined by the "City". Who is the' "City"? lam a firm believer that ALL city employees' work schedules (other than PD) should be Monday through Friday 8 A.M. to! 5P.M. regardless oft the As far as overtime pay during al holiday that falls within the week and any hours worked over 32 hours. The FLSA considers overtime as any hours WORKED after 401 hours. Alllhave heard for months from an employee is how the city Ifeel the City Attorney needs to be contacted to make sure we have ALL employees "labeled" correctly, as Ifeel that we  before the discussion of line item 8.5.  department they work in.  isst struggling to make payroll.  have an employee who is not receiving their comp-time correctly andi instead is gaining "flex-time".    Meeting Minutes for June 21,2022 Cumby City Council Budget Workshop  I. II.  Call to Order: The Mayor called the Special Budget Workshop meeting of the City Council oft the City Present att ther meeting were: Mayor Douglas Simmerman, Alderman Amber Hardy, Alderman Katherine Flinn, Alderman Wayne Mobley, Alderman Aly Crocker. Alderman Ryan Horne arrived at 5:45pm Mayor Simmerman reviewed the packet contents: Included in the Workshop packet isa copy of:  to order at 5:30pm on June 28, 2022.  III. Discuss 2022-2023 Budget:  a. Local Government Code Title 4. Finances Subtitle A. Municipal Finances Chapter 102. Municipal Budget governing body oft the municipality....  Sec. 102.001. Budget Officer. The mayor ofa a municipality serves as the budget officer for the  b. 2022 Tax and] Budget Deadlines for Cities with Populations ofl less than 30,000  Mayor Simmerman pointed out the two columns included on deadline: Adopted Rate EXCEEDS Voter-Approval Tax Rate; Adopted Rate DOESN'TExceed Voter-Approval Tax Rate. Once the Council has approved the proposed 2022-2023 budget, it will then determine which method to use for the tax rate. At this time, Cumby does not have all materials from Hopkins Proposed 2022-2023 Budget, along with 5-year comparison of previous year's budgets, as well as d. Copy of City of Cumby Obligations from Texas Water Development Board along with bank e. Copy of Payment agreements between City ofCumby and Constellation are included in thej packet. Copy of Proposed Payment agreement between City of Cumby and IRS (2018 form 940) are  County, which includes the Voter-Approval Tax Rate.  Fiscal Year P&L2020-2021 and 2021-2022 are included in the packet. statement of funds held for this account are included in the packet.  included in the packet.  A discussion oft the: 2022-2023 Proposed Budget commenced.  The budget presented is based on "Actual" expenditures for the current fiscal year. Due to no City Secretary staff member inj place duringt thej previous year's budget preparation, the 2021-2022 budget was based on 2020-2021 Budget versus actual. This year, department costs have been splity properly and projections arel based on expenditures incurred Questions regarding thej proposed budget from council members were addressed by Mayor Simmerman.  to-date.    Thel Mayor requested that council members continuei toi review thep proposed budget; and, should there be any questions that were not addressed during the workshop, please contact him. The budget will be presented for approval at a council meeting to be held in August 2022. Following, the Council will proceed with tax rate discussions and determination to present to then be published according to the 2022 Tax and Budget Deadlines for Cities with IV. Adjourn: There being no further business, Mayor Simmerman adjourned the meeting at 6:35pm  Populations ofl less than 30,000.  RAh  Douglas Simmerman, Mayor  ATTESTED:  hplnt Betty Jo) Hardman, City Secretary    11:28/ AM 07/05/22 Accrual Basis  City of Cumby Profit & Loss June 2022  Jun 22  Ordinary Income/Expense Income Subdivision Fees PD Fines Permits/Registrations Tax & Franchise Fees Property Tax Sales Tax Total Tax &F Franchise Fees Water- Sewer New Service Connection Fee Water Transfer Fee Disconnect fee Garbage Revenue Late Fee Sales Tax Collected Sewer Revenue Tapi fee Water Revenue Bulk Water Water Revenue- Other Total Water Revenue Total Water Sewer Water Deposit Total Income Gross Profit Expense Building Inspector Postage Total Building Inspector Administration Late Fees & Interest Legal Fees Mayor/Council Expenses Membership Office Supplies Postage Property Tax Fees Software Technology Telephone Total Administration Mayor & Council Flower Fund Mayor & Council- Other Total Mayor & Council Municipal Court Office Expense Security State Fees Technology Telephone  120.00 29,577.77 3,706.28 1,186.17 10,318.45 11,504.62 140.00 35.00 35.00 4,806.61 722.80 394.93 6,552.02 10,250.00 45.00 12,182.53 12,227.53 35,163.89 745.00 80,817.56 80,817.56 28.63 28.63 10.13 2,161.50 1,208.00 29.98 139.47 131.28 398.19 77.47 2,449.07 244.21 6,849.30 109.29 35.00 144.29 43.28 8,904.31 5,420.71 80.33 158.78  Page 1    11:28A AM 07/05/22 Accrual Basis  City of Cumby Profit & Loss June 2022  Jun 22  Total Municipal Court Payroll Expenses PENSION EXPENSE Payroll Expenses Other Total Payroll Expenses Public Safety Code Enforcement Police Department Technology Legal Fees Auto Repair & Maintenance Fuel License & Support Office Supplies Telephone Uniforms Total Police Department Total Public Safety Water Deposit Refund Water/Sewer Water Sewer Main Repair Materia Lift Station Chemicals Legal Fees Maintenance Mileage Office Supplies Operating Supplies Postage Telephone Testing Utilities Total Water/Sewer Total Expense Net Ordinary Income Net Income  14,607.41 1,802.32 34,133.20 35,935.52 573.00 80.33 391.50 2,403.53 3,765.88 2,159.40 25.45 281.22 617.39 9,724.70 10,297.70 -131.48 900.00 3,000.00 691.89 105.00 2,832.17 102.81 88.88 -252.94 232.58 242.81 83.00 319.76 8,345.96 76,077.33 4,740.23 4,740.23  Page 2    11:30 AM 07/05/22 Accrual Basis  City of Cumby Profit & Loss  October 2021 through September 2022  Oct'21-S Sep 22  Ordinary Income/Expense Income Public Grant Funds Subdivision Fees PD Fines Interest Earned PermitsRegistrations Property Sale Public Safety Department Accident Report Total Public Safety Department Tax & Franchise Fees Franchise Property Tax Sales Tax Tax & Franchise Fees Other Total Tax & Franchise Fees Water- Sewer New Service Connection Fee Water Transfer Fee Disconnect fee Water- Sewer Adjustments Garbage Revenue Late Fee Sales Tax Collected Sewer Revenue Tapf fee Water Revenue Bulk Water Water Revenue- Other Total Water Revenue Water- Sewer Other Total Water- Sewer Water Deposit Total Income Gross Profit Expense Education /Classes / Materials Jury Duty Building Inspector Postage Building Inspector- Other Total Building Inspector Reconciliation Discrepancies Administration Fire Dpt utilities Late Fees & Interest Office Expense Election Insurance Legal Fees Maintenance Mayor/Council Expenses Membership Office Supplies  34,175.00 1,614.00 479,736.04 75.72 5,834.93 14,700.00 64.00 64.00 28,152.75 102,915.05 113,440.02 725.85 245,233.67 420.00 175.00 35.00 66.10 47,503.08 4,728.84 3,796.26 65,858.33 12,750.00 45.00 120,863.00 120,908.00 10,750.00 266,990.61 4,694.60 1,053,118.57 1,053,118.57 290.00 168.00 28.63 76.92 105.55 11,222.46 0.00 6,412.17 39.99 4,423.34 21,712.25 12,725.00 341.91 3,710.00 880.81 2,188.90  Page 1    11:30A AM 07/05/22 Accrual Basis  City of Cumby Profit & Loss  October 2021 through September 2022  Oct'21- Sep 22  Postage Professional Fees Property Tax Fees Public Notice Software Subscription Technology Telephone Utilities Administration- Other Total Administration Construction In Progress Debt Service Payment Processing Center TWDB Bond Total Debt Service Mayor & Council Flower Fund Mayor & Council- Other Total Mayor & Council Municipal Court State Comptroller-Court Legal Reference Material Judge Legal Fees Office Expense Postage Security Software Update Statel Fees Technology Telephone Travel & Training Utilities Total Municipal Court Park Improvements Utilities Maintenance Supplies Total Park improvements Payroll Expenses Medical Assistance Expense PENSION EXPENSE Child Support Payroll Expenses - Other Total Payroll Expenses Public Safety Code Enforcement Utilities Education Policel Department Postage Technology Reimbursement Legal Fees Auto Repair & Maintenance Automobile Purchase  448.56 138.58 3,359.63 995.95 258.77 61.99 9,001.49 1,512.75 4,097.80 1,128.41 73,438.30 537.34 200.00 49,253.00 49,453.00 211.28 35.00 246.28 116,539.18 312.48 1,306.48 1,621.00 454.47 298.75 10,434.31 5,500.00 57,634.80 4,104.01 1,992.55 710.82 3,500.00 204,408.85 113.98 1,606.25 52.99 1,773.22 3,191.12 17,434.80 357.93 337,535.30 358,519.15 573.00 0.00 150.00 5.00 14,349.27 1,082.36 703.00 29,387.57 17,370.00  Page 2    11:30A AM 07/05/22 Accrual Basis  City of Cumby Profit & Loss  October 2021 through September 2022  Oct'21-Sep: 22 2,556.08 22,195.26 3,400.03 101.42 2,788.64 78.00 971.53 695.58 3,500.00 99,183.74 7.00 99,913.74 650.00 650.00 -131.48 3,600.00 4,525.00 371.75 335.00 336.85 567.00 71.96 33,050.00 1,000.00 31.98 1,134.70 5,173.10 1,237.08 0.00 1,914.60 14,725.48 426.92 125.00 735.00 35,843.58 314.76 1,753.69 7,916.66 2,963.45 2,325.05 4,034.28 1,810.85 1,464.41 1,444.92 79.40 48,709.71 178,022.18 978,616.59 74,501.98 74,501.98  Equipment Fuel License & Support Office Supplies Telephone Testing Supplies Training Uniforms Utilities Total Police Department Public Safety Other Total Public Safety Public Works Debris Cleanup Total Public Works Water Deposit Refund Water/Sewer ARPAI Project Expense Water Sewer Main Repair Materia Technology Bank Fee Public Notice Membership UTILITY Cash Drawer Lift Station Water Meters Office Assitance Automobile Repairs Chemicals Deposit Refund Equipment Repairs Fuel Garbage Collection Fee Lab Fees Legal Fee Legal Fees Maintenance Mileage Office Supplies Operating Supplies Permit Postage Sales Tax Paid Software Telephone Testing Uniforms Utilities Total Water/Sewer Total Expense Net Ordinary Income Net Income  Page 3    11:30 AM 07/05/22  City of Cumby A/P Aging Summary As of June 30, 2022 Current 1-30 31-60 61-90 >90 TOTAL 0.00 0.00 0.00 0.00 0.00 0.00 83.00 0.00 0.00 0.00 0.00 83.00 0.00 0.00 0.00 0.00 -386.38 -386.38 119.00 0.00 0.00 0.00 0.00 119.00 120.60 0.00 0.00 0.00 -0.02 120.58 601.75 0.00 0.00 0.00 0.00 601.75 1,955.67 0.00 0.00 0.00 0.00 1,955.67 0.00 0.00 0.00 0.00 436.30 0.00 0.00 0.00 436.30 241.00 0.00 0.00 0.00 0.00 241.00 631.59 0.00 0.00 0.00 0.00 631.59 0.00 0.00 0.00 0.00 -278.00 -278.00 20.00 0.00 0.00 0.00 0.00 20.00 617.39 0.00 0.00 0.00 0.00 617.39 0.00 125.00 0.00 0.00 0.00 125.00 0.00 3,765.88 0.00 0.00 0.00 3,765.88 0.00 398.19 0.00 0.00 0.00 398.19 0.00 0.00 3,389.98 0.00 0.00 3,389.98 0.00 450.00 0.00 0.00 0.00 450.00 60.30 0.00 0.00 0.00 0.00 60.30 4,214.00 0.00 7,319.50 0.00 0.00 11,533.50 0.00 0.00 0.00 0.00 16,285.00 16,285.00 21.96 39.99 110.06 0.00 -257.59 -85.58 0.00 0.00 0.00 0.00 -6,000.00 -6,000.00 104.43 0.00 0.00 0.00 0.00 104.43 86.04 0.00 0.00 0.00 0.00 86.04 0.00 0.00 0.00 -11,391.76 0.00 -11,391.76 0.00 2,832.17 0.00 0.00 0.00 2,832.17 0.00 0.00 0.00 0.00 0.00 0.00 1,800.00 0.00 0.00 0.00 -1,692.39 107.61  7-H Construction Company Ana Lab Corporation Atmos Energy AVR, Inc. Bobkat Enterprises, Inc. Card Service Center Chris Childers Constellation Energy D&ED Discount. Auto Supply DataMax Leasing DPC Industries ELLEN BAILEY Farmers Electric Cooperative GALLS PARENT HOLDINGS, LLC Griffin Communications & Security Hall Oil Company Hopkins County Appraisal District IRS Martin's Texas Trucking, Inc. Matheson Tri-Gas, Inc. Messer Fort McDonald Northeast Texas Disposal O'Reilly Auto Parts Public Management, INC Purchase Power Quill Corporation Republic Services Texas Tank Services The CTE Brannon Corporation Underground Utility Supply TOTAL  0.00 18,703.44 18,703.44  10,676.73 8,047.53 10,819.54 -11,391.76 26,374.06 44,526.10  Page 1    11:34 AM 07/05/22  City of Cumby Vendor Balance Summary As of. June 30, 2022  Jun 30,22 83.00 -386.38 119.00 120.58 601.75 1,955.67 18,703.44 436.30 241.00 631.59 -278.00 20.00 617.39 125.00 3,765.88 398.19 3,389.98 450.00 60.30 11,533.50 16,285.00 -85.58 -6,000.00 104.43 86.04 11,391.76 2,832.17 107.61 44,526.10  Anal Lab Corporation Atmos Energy AVR, Inc. Bobkat Enterprises, Inc. Card Service Center Chris Childers Constellation Energy D&E Discount Auto Supply DataMax Leasing DPC Industries ELLEN BAILEY Farmers Electric Cooperative GALLS PARENT HOLDINGS, LLC Griffin Communications & Security Hall Oil Company Hopkins County Appraisal District IRS Martin's Texas Trucking, Inc. Matheson Tri-Gas, Inc. Messer Fort McDonald Northeast Texas Disposal O'Reilly Auto Parts Public Management, INC Purchase Power Quill Corporation Republic Services Texas Tank Services Underground Utility Supply TOTAL  Page 1    849 0 A 3  -   R e Ci a  26  13 : S 4  9  C 3  -  s 9    0  88  o 39s 0  N uw: 1  g933 9333 o o o a g    89 e 5 1  e  a S  s  3 5  0 a 1  3 S s  3  3  S 8 6  s 88  888 6e    S 3 1  u i 1  88 3 u 000 2 888 8888  8 2 0 888 38 35 8888 3338938333    e  s S 8 3  8 4 1 3  d0 - 3  0 N 3  0  s  08 1  28 888 66 :5 1 1w  o 3  N 3  s  s 3  388 88 38388338 0373 338 88 18 8 88 8833    3  s  a  d0 3 N s w s  8 N 3  d8  3  0 3  - 0 3 s  3  1  3s 3 9 33 3 933 o  0 o  0  E    Pwlolc  WORKS  See $-2022  Oune 29-20a2  x Dauly Rowhngs Pead wells  2eacl  heurs, Pull chlocie.  Restcual. Docunent P stats,  Check LIP+ Statious wwIP aund document  Porstate B umarked Top for loo fot CyL of  Pepair ILak. On 075 S.  Locato water Lina for Phipps Tap  LInE  SELL - New yeter mekr Bot + Peyslr  Poly for Sefuls.  SHA torkins On Tonk at Rump houss,- Leak,  marual + Radyo Reods - oA melers  call Locales Tap 275.N Ran 2 closged wwLns.  workt LA Piogless On is+ street Seual L  Doug Robef o Cowe  weet TCEG ( spector  L Rossiole Soulhions  Locate +  Manholes (in APE  Mark K Coll, for Locals  Set, 544  Porlabk Vactor For Fe)  2 Porloble  Tsday  Ruup tchords a wwTR  Tck up wilE To Run On Seperale  o  Plugs.  stof buer leat  * WoPK ofplops  Clean Tark 3 Pays (eek ow Cit, Properte ARR 9 mawt  Br  Puvp soulti wnclag Plew mpellrsontu  wok ofclers   IS w.O. TL  w.O.  compll  Guautus on  oper w.O.  G Sever Luue OA (SE st  oper W.O, Ow Spall leak an laret +Rris  Plusn Valvest Pocus    H9  B  E e lE N 4  2  s s  ER 24 N 2 4 s 2 1 s 6  B s e 2 4  2 1 s 6  a s le N 4 9 2 1 s s    9 4    00  3    ETYOF CUMBY 1856  Cumby Police Department June 2022 Activity Report  Calls for Service Warning Citations Citations  245 83 61 144 3 2 9 10  Total Traffic Contacts Crash Reports Incident Reports Offense Reports Arrests  We have 2 fulltime Police Officer vacancies  Recruit Grider was not able to satisfactory complete his training cycle. He was terminated on 06-28-22 Still considering hiring two part time positions to fill one of the full time slots in an effort to save the city money. We have added one experienced reserve police officer (non- paid) that will assist in coverage when available.    Silent Sentinel program is active on the city website.  National Night Out information has filtered in from the National Headquarters, I will be passing these along to Amanda Horne who  is my chairperson for NNO and does a fantastic job.  N NNO is October 4th, 2022  Coffee, Cops & Cars was held at the City Park on June 11th. This is privately funded by my wife and I. It was a success but want to see more people attend each month. Nonetheless, we made contact with a few citizens that had not met us before and had some really good interactions. Thanks to all my officers for showing up and Weare going to try to make this a monthly event on a Saturday morning, weather permitting, to increase our community involvement and interactions with the public and our first  participating.  responders.  Next event is scheduled for July 23rd.  Should anyone have any questions, comments, or concerns regarding the Police Department, please visit with ChiefHundley directly to avoid any here say and/or rumor control. Thank you.    CUMBY MUNICIPAL COURT DEPOSIT REPORT  DEPOSIT DATE June  DATE RANGE (0-1 (0-47-8008  monnly  TOTAL OF ONLINE PAYMENTS= 18,5l010. 18 3457.08  TOTAL OF MONEY ORDERS= TOTAL PAYMENTS=  50L00.03 SECURITY 310.92 -TECHNOLOGY 279.11 -TRUANCY FUND Al01.39 JURY FUND  33,1040.81  -GHS STATE ( OMNI  0,034.38 177.32  5.34  : TRANSFERABLE TO GENERAL 9,099.40  I DEPOSIT TO GENERAL 4,97.87  TOTAL DEPOSIT= 13,397.97  =% 5l0.00  PROCESSED  DATE 00.07.2045  RoaL    CITY QUARTERLY REPORT State Criminal Costs and Fees 06/01/2022 TO 06/27/2022  c. Cityi identification number 1-75-1379921-7 d. Cityr name andr mailing address  fReportf ford quartere ending  g.  e, Duec datec of report h. IMPORTANT Blackent this boxi ify youra address has changed. Showo changes! byt thep preprinted information.  CITYOF CUMBY 100E. MAIN STREET CUMBY TX 75433  Column1 1 TOTAL COLLECTED (State courto costs only) Dollars ando cents $3,315.45 $652.06 $0.00 $1,923.35 $189.04 $195.62 $1.03 $32.60 $226.03 $0.00  Column2 SERVICE FEE  Column3 AMOUNT DUE STATE (Col. 1minus Col,2)  SECTION :: Reports for offenses commited 1.01-01-20 Forward 2.01-01-04. -- 12-31-19 3. 09-01-91 - 12-31-03  $331.55 $65.21 $0.00 (4%)_$76.93 (5%)_$9.45 $19.56 $0.10 $0.00 $0.00 $0.00 11 12. 13. 14.  $2,983.90 $586.85 $0.00 $1,846.42 $179.59 $176.06 $0.93 $32.60 $226.03 $0.00 $0.00 $0.00 $0.00 $6,032.38  4. State Traffic Fine (STF2) Sept. 1, 2019f forward 5. State Traffic Fee (STF) prior to Sept. 1,2019 Report REPEALED COST (prior to. Jan. 1,2020) 6. Prior Mandatory Costs (JRF, IDF&JS) 7.Moving Violation Fees (MVF) 8.Truancy Prevention and Diversion Fund (TPD) 9.F Failure to Appear/Pay (FTA) (Report 2/3's off fee) 10. Time Payment Fees (TP) (Report 50% off fees) SECTION I: As applicable  11. Peace Officer Fees (Report 20% of fees from actions by state officer only.) 12. Motor Carrier Weight Violations (MCW) (Report 50% oft thet fines collected.) 13. Driving Records Fee (DRF) (Report 100% off fees collected.) 14.T TOTAL DUE FOR THIS PERIOD (Total ofl Items 11 through 13i in Column 3.)  ***DO NOT DETACH***  15.TOTAL AMOUNT DUE AND PAYABLE (Same as Item 14)  15.  $6,032.38  City! Name CUMBY  TCode Cityi identification no. Period 32620 1-75-1379921-7  Fora assistance call1 1-800-5 531-5441 ext. 342760r512-4634276  KCypec orp print name) sign here Title Phone number (Area code and number) (903)9 994-2666  certify  Make thea amount in Item 15p payablet to: State Comptroller Mailt to: Comptroller of Public Accounts P.O. Box 149361 Austin, TX78714-9361  thatt thei information abovei is truea ass shown inu ther records oft the treasuryoft thec city named.  Date  REPORT# #N MUNO01 Version# 40-144( (Rev.1 1-20/10) 06/28/2022 01:01PM  CITYOF CUMBY. TX  Page# #1    CITY OF CUMBY BUILDING PERMIT REPORT July 5,2022 (Reporting June 2022 Activity)  1. Commercial Building Permit: a. Requests:  Billboard House- - Sold - updating, possible plumbing in the future  1. Building an accessory storage building - no electrical, / plumbing att this  time  ii. Valero Gas Station - expansion: truck stop + restrooms ++ b. Motor Cycle Shop - Pending: Plumbing for restrooms (ADA Compliant)  Cumby ISD -V very active with vendors registering; waiting on Plan Approval from BV  2. Residential Permit: 3. Contractor Registration:  a. Various Contractor Registrations received for Cumby ISD 4. Many calls regarding permitting requirement for various type of build.  *Time requirement on City Secretary is increasing and now at approximately one-day (+-) each week for  building permit and processes.    SHNOH/NVI  39Vsn HELVM  A8 GNVIS / NOILVDIIS3ANI E - 2 3  VAII mcoco 4 9 3  TVDIGIWI 9E a a P  I8I I8NIONHIS 4 5 4 2 2  IHHEVD 1 1 0o 3 2  3HI SSVA9 E 9 2 6  39V38DV  3 Ls  ALNNOD H e9 DE 9 N e9  ALID E  00 0o 3 6        202  s RESOLUTION 2022-06-1011  A RESOLUTION, OF THE CITY COUNCIL OF THE CITY OF CUMBY TEXAS AMENDING THE CITY OF CUMBY EMPLOYEE & POLICY MANUAL ASI IT RELATESTO: CITY OF CUMBYPARTICIPATION WITHTEXASMUNICIPAL RETIREMENT SYSTEM; EMPLOYEES NORMAL WORKING HOURS; MEAL PERIODS; OVERTIME DURING A WEEK IN WHICH THERE IS A CITY HOLIDAY; FLEX-TIME WORK SCHEDULE (REMOVED); AND COSTS TO THE CITY ASSOCIATED WITH TRAINING PROGRAMS FOR STAFF; AND NOTIFICATION OF ACCIDENT/INCIDENTTO CITY SECRETARY  WHEREAS, The City ofCumby has the authority to adopt personnel rules and regulations concerning personnel matters, including but not limited to probationary periods, vacation leave regulations, compensation, professional conduct, performance evaluations, work schedules and  other personnel matter; and  WHEREAS, The City of Cumby wishes to amend certain sections of the City of Cumby  Employee & Policy Manual adopted by the City Council April 16, 2021,  NOW,THEREORE, BE IT RESOLVED:  1. The City Council ofthe City of Cumby amends 3.3 RETIREMENT, Section 3.3.1 in which a sentence would be added as follows: Texas Municipal Retirement System. The City participates in the Texas Municipal Retirement System (TMRS), which provides retirement benefits to eligible employees. All regular full-time employees are required to join' TMRS. EMPLOYEES WILL BE. ELIGIBLBTOJOIN ONCE' THEY COMPLETE THEIR PROBATION PERIOD AND ARE CONFIRMED AS. A FULL- 2. The City Council of the City of Cumby further amends 3.3 RETIREMENI, Section 3.3.1 to ensure that the City meets the TMRS provisions ofCity Matching contribution; a. Employees covered under TMRS are required to contribute 5% of the employee's pay to thei member's account. THECITYOF CUMBY. MATCHES THE EMPLOYEE CONTRIBUTION BASED ON TMRS PLAN PROVISIONS WHICH ARE UPDATED EACH YEAR BASED ON THEIR ACTUARIAL VALUATION. CITY OF CUMBY WILL UPDATE THEIR MATCH RATE ACCORDING TO THE ANNUAL ASSESSMENT BY TMRS. 2022 MATCH RATE IS 2.03% PER TMRS COMMUNICATION DATEDJUNE 4, 2021, REGARDING 2022 CITY CONTRIBUTION RATE. 3. The City Council of the City of Cumby amends Section 5.5.1 TIME AND ATTENDANCE and restates first paragraph: Normal working hours for most regular full-time employees, including non-shift employees, are Monday through Friday,  TIME: EMPLOYEE.  and restates paragraph two as follows:  RESOLUTION R-2022-06-1011  July 5,2022  Page 1of3    8:00am to 5:00pm, with one-hour for lunch, for a total of forty (40) hours per week. Public Works / Water Department employees' normal working hours are 8:00am to 5:00pm with additional on-call status periods for non-normal working hours as determined by the Department Director. This shall be restated as follows: NORMAL WORKING HOURS FOR CITY HALL STAFF WILL BE DETERMINED BY WORKLOAD OF THE CITY. PUBLIC WORKS / WATER DEPARTMENT EMPLOYEES NORMAL WORKING HOURS MAY BE ADJUSTED SEASONALLY AT THE AGREEMENT BETWEEN THE MAYOR AND THE PUBLIC WORKS/WATER DEPARTMENT SUPERVISOR. EMPLOYEES WILL WORK A 40-HOUR WEEK, WITH THIRTY: TO SIXTY MINUTE (30-60)LUNCH BREAKS. ADDITIONAL ON-CALL STATUS PERIODS FOR NON-NORMAL WORKING HOURS AS DETERMINED BY THE DEPARTMENT SUPERVISOR 4. The City Council of the City of Cumby amends Section 5.5.2, sub-section "Meal Periods." And REMOVES the last sentence that states: "EMPLOYEES MAY NOT EXTEND MEAL BREAKS BEYOND THEIR ASSIGNED PERIOD." 5. The City Council of the City of Cumby amends Section 5.4 OVERTIME AND COMPENSATORY TIME, Section 5.4.1. Overtime, paragraph 3: Official City Holidays falling during the normal work week, Monday - Friday, are not counted as hours worked towards overtime pay for non-shift employees. Amend by ADDING: HOWEVER, IF. ANEMPLOYEE WORKS OVER THE STANDARD WORK WEEK HOURS OF 40-HOURS WHEN A HOLIDAY FALLS WITHIN THE WEEK, OVERTIME WILL BE: PAID FOR HOURS WORKED OVER 32 HOURS Section 5.4.2 Compensatory time. Flex-time Work Schedule is removed in its entirety. 6. The City Council of the City of Cumby recognizes there is not a Section within the Employee & Policy Manual that addresses costs and expenses incurred, either by the employee or by the City, for employee education/training: as required by various staff a. SECTION 5 - TIME AND ATTENDANCE. 5.19. EMPLOYEE EDUCATION / TRAINING LEAVE: TIME AND COSTS ASSOCIATED WITH CONTINUED EDUCATION/TRAINING WILL BE APROVED BY b. STANDARD HOURLY / OR EXEMPT PAYROLL FOR TIME SPENT IN EDUCATIONAL CLASSES AND/OR TRAINING EXERCISES, UPTO AN EIGHT-HOUR WORKDAY EACH DAY IN ATTENDANCE, WILL BE PAID BY THE CITY OF CUMBY FOR EMPLOYEES IN TRANING / CONTINUED EDUCATION CLASSES/ WEBINARS OR OTHER MODES OR METHODS OF EDUCATIONAL CLASSES AND/OR TRAINING. IF THE CLASS IS APPROVED BY SUPERVISOR/MAYOR, EXPENSES ASSOCIATED TO THE COST OF TRAINING/CERTIFICATION CLASS AND FEES, ALONG WITH REIMBURSEMENT OF TRAVEL COSTS (IF ANY), WILL BE PAID BY THE CITY OF CUMBY. THE CITY  AND/OR THE. MAYOR MAY BEI NECESSARY.  positions, and would add the following SECTION:  THE: DEPARTMENT DIRECTOR AND THE. MAYOR.  RESOLUTION R-2022-06-1011  July 5, 2022  Page 2 of3    SECRETARY WILL WORK WITH STAFF TO DETERMINE THE MOST COST-EFFECTIVE MODE OFTRAVEL. TRAVEL RATES WILL BEPAID AT THE THEN CURRENT GOVERNMENT PER DIEM MILEAGE RATE. SHOULD A STAFF MEMBER RESIGN FROM CITY OF CUMBY WITHIN SIX (6) MONTHS OF TRAINING, THE EMPLOYEE IS OBLIGATED TO REIMBURSE THE COST OF THE EDUCATIONAL CLASSES AND/OR TRAINING (CLASS, BOOK, AND OTHER RELATED FEES). THIS AMOUNT MAY BE DEDUCTED FROM AN EMPLOYEE'S FINAL  PAYROLL CHECK.  7. The City Council of the City of Cumby would further amend SECTION 6 = EMPLOYEE POLICIES, Use of City Vehicles, Item number 10, last sentence to include: Accident reports, along with any law enforcement report, must be filed by the employee with the department director, the Mayor AND THE CITY SECRETARY.  PASSED AND APPROVED by the City Council of the City of Cumby on this telay of  June, 2022.  Douglas Simmerman, Mayor  ATTESTED:  Betty Jo Hardman, City Secretary  RESOLUTION R-2022-06-1011  July 5, 2022  Page 3of3    101)  p  RESOLUTION 2022-06-1012  Dalk  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUMBY TEXAS AMENDING THE CITY OF CUMBY EMPLOYEE & POLICY MANUAL AS IT RELATESTO: CITYOFCUMBYPARTICIPATION WITHTEXASMUNICIPAL RETIREMENT SYSTEM; EMPLOYEES NORMAL WORKING HOURS; MEAL PERIODS; OVERTIME DURING A WEEK IN WHICH THERE IS A CITY HOLIDAY; FLEX-TIME WORK SCHEDULE (REMOVED); AND COSTS TO THE CITY ASSOCIATED WITH TRAINING PROGRAMS FOR STAFF; AND NOTIFICATION OF ACCIDENT/INCIDENTTO CITY SECRETARY  WHEREAS, The City ofCumby has the authority to adopt personnel rules and regulations concerning personnel matters, including but not limited to probationary periods, vacation leave regulations, compensation, professional conduct, performance evaluations, work schedules and  other personnel matter; and  WHEREAS, The City of Cumby wishes to amend certain sections of the City of Cumby  Employee & Policy Manual adopted by the City Council April 16, 2021,  NOW,THEREFORE, BE IT RESOLVED:  1. The City Council oft the City of Cumby amends 3.3 RETIREMENT, Section 3.3.1 in which a sentence would be added as follows: Texas Municipal Retirement System. The City participates in-the Texas Municipal Retirement System (TMRS), which provides retirement benefits to eligible-employees. All regular full-time employees are required to join TMRS. EMPLOYEES WILLBEBLIGIBLETOJOINONCE THEY COMPLETE THEIR PROBATION PERIOD AND ARE CONFIRMED ASAFULL- 2. The City Council of the City of Cumby further amends 3.3 RETIREMENI,Setion 3.3.1 to ensure that the City meets the TMRS provisions of City Matching-contrbution; a. Employees covered under TMRS are required-to contribute 5% of the BV 5 employee's pay tot the member's: account. THECITY OF CUMBY MATCHES THE EMPLOYEE CONTRIBUTION BASED ON TMRS PLAN PROVISIONS WHICH AREUFDATED EACH YEAR BASED ON THEIR ACTUARIAL VALUATION. CITY OF CUMBY WILL UPDATE THEIR MATCH RATE AECORDING TO THE ANNUAL ASSESSMENT BY TMRS. 2022-MATCH RATE IS 2.03% PER TMRS COMMUNICATION DATEDJUNE 4, 2021, REGARDING 2022 CITY CONTRIBUTION RATE. 3. The City Council of the City of Cumby amends Section 5. 5.1 TIME AND ATTENDANCE and restates first paragraph: Normal working hours for most regular full-time employees, including non-shift employees, are Monday through Friday,  TIME EMPLOYEE.  and restates paragraph two as follows:  8  Mvo  RESOLUTION R-2022-06-1012  June 14, 2022  Page 1of3    8:00am to 5:00pm, with one-hour for lunch, for a total of forty (40) hours per week. Public Works / Water Department employees' normal working hours are 8:00am to 5:00pm with additional on-call status periods for non-normal working hours as determined by the Department Director. This shall be restated as follows: NORMAL WORKING HOURS FOR CITY HALL STAFF WILL BE DETERMINED BY WORKLOAD OF THE CITY. PUBLIC WORKS / WATER DEPARTMENT EMPLOYEES NORMAL WORKING HOURS MAY BE ADJUSTED SEASONALLY AT THE AGREEMENT BETWEEN THE MAYOR AND THE PUBLIC WORKS/WATER DEPARTMENT SUPERVISOR. EMPLOYEES WILL WORK A 40-HOUR WEEK, WITH THIRTYTO SIXTY MINUTE (30-60) LUNCH BREAKS. ADDITIONAL ON-CALL STATUS PERIODS FOR NON-NORMAL WORKING HOURS AS DETERMINED BY THE DEPARTMENT SUPERVISOR 4. The City Council of the City of Cumby amends Section 5, 5.2, sub-section "Meal Periods." And REMOVES the last sentence that states: "EMPLOYEES MAY NOT EXTEND MEAL BREAKS BEYOND THEIR ASSIGNED PERIOD." 5. The City Council of the City of Cumby amends Section 5.4 OVERTIME AND COMPENSATORY TIME, Section 5.4.1. Overtime, paragraph 3: Official City Holidays falling during the normal work week, Monday - Friday, are not counted as hours worked towards overtime pay for non-shift employees. Amend by ADDING: HOWEVER, IF. AN: EMPLOYEE WORKS OVER THE STANDARD WORK WEEK HOURS OF 40-HOURS WHEN A HOLIDAY FALLS WITHIN THE WEEK, OVERTIME WILL BE PAID FOR HOURS WORKED OVER 32 HOURS Section 5.4.2 Compensatory time. Flex-time Work Schedule is removed ini its entirety. 6. - The City Council of the City of Cumby recognizes there is not a Section within the Employee & Policy Manual that addresses costs and expenses incurred, either by the employee or by the City, for employee education/training as required by various staff a. SECTION 5 - TIME AND ATTENDANCE. 5.19. EMPLOYEE EDUCATION / TRAINING LEAVE: TIME AND COSTS ASSOCIATED WITH CONTINUED EDUCATION/TRAINING WILL BE APROVED BY b. STANDARD HOURLY / OR EXEMPT PAYROLL FOR TIME SPENT IN EDUCATIONAL CLASSES AND/OR TRAINING EXERCISES, UPTO. AN EIGHT-HOUR WORKDAY EACH DAY IN ATTENDANCE, WILL BE PAID BY THE CITY OF CUMBY FOR EMPLOYEES IN TRANING / CONTINUED EDUCATION CLASSES/ WEBINARS OR OTHER MODES OR METHODS OF EDUCATIONAL CLASSES AND/OR TRAINING. IF THE CLASS IS APPROVED BY SUPERVISOR/MAYOR. EXPENSES ASSOCIATED TO THE COST OF TRAINING /CERTIFICATION CLASS AND FEES, ALONG WITH REIMBURSEMENT OF TRAVEL COSTS (IF ANY), WILL BE PAID BY THE CITY OF CUMBY. THE CITY  AND/OR THE. MAYOR MAY BE: NECESSARY.  positions, and would add the following SECTION:  THE DEPARTMENT DIRECTOR AND THE MAYOR.  RESOLUTION R-2022-06-1012  June 14, ,2022  Page 2of3    SECRETARY WILL WORK WITH STAFF TO DETERMINE THE MOST COST-EFFECTIVEMODE OF TRAVEL. TRAVEL RATES WILL: BEPAID AT THE THEN CURRENT GOVERNMENT PER DIEM MILEAGE RATE. SHOULD A STAFF MEMBER RESIGN FROM CITY OF CUMBY WITHIN SIX (6) MONTHS OF TRAINING, THE EMPLOYEE IS OBLIGATED TO REIMBURSE THE COST OF THE EDUCATIONAL CLASSES AND/OR TRAINING (CLASS, BOOK, AND OTHER RELATED FEES). THIS AMOUNT MAY BE DEDUCTED FROM AN EMPLOYEE'S FINAL  PAYROLL CHECK.  7. The City Council of the City of Cumby would further amend SECTION 6 = EMPLOYEE POLICIES, Use of City Vehicles, Item number 10, last sentence to include: Accident reports, along with any law enforcement report, must be filed by the employee with the department director, the Mayor AND THE CITY SECRETARY.  PASSED AND APPROVED by the City Council of the City of Cumby on this iehly of  June, 2022.  Douglas Simmerman, Mayor  ATTESTED:  APROVED ASTOFORM:  Betty Jo Hardman, City Secretary  Charles Anderson, City Attorney  RESOLUTION R-2022-06-1012  June 14, 2022  Page 3 of3    City Secretary From: Sent: To: Subject:  City Secretary Friday, March 25, 2022 4:11 PM Doug Simmerman  EMPLOYEE HANDBOOK recommended a/dwp/se  Discyssion/Action: City of Cumby Employee Handbook: sl period and is a full-time city employee. (City Secretary  Add: TMRS contributions will not be made until a person completes the 90-day probationary Page 12, Section 3.3, second paragraph, second sentence: "The City of Cumby matches 42 the employee contribution at a 1to 1 rate... l? does this mean employees (are required to) contribute 5% and the city matches 5%? (That is not the rate the city is matching) Page 18, Section 5.1, Time and Attendance: first paragraph, 2nd sentence referencing "Public Works/Water Department employees' normal working hours are 8:00 a.m. to 5:00 p.m. with additional on-call status periods for non-normal working hours as determined by CHANGE TO: "Public Works/Water employees' normal working hours may be adjusted seasonally at the agreement between the Mayor and the Public Works/Water Department & Supervisor. Department employees will wok a 40-hour week with additional on-call status periods for non-normal working hours as determined by the Department Director and/or Page 18, Section 5.2 Breaks, sub-section "Meal Periods." Remove/Delete the last line that states: Employees may not extend meal breaks beyond their assigned period." Page 19, Section Overtime and Compensatory Time, Section 5.4.1,3rd. paragraph, Official City Holidays falling during the normal work week, Month-Friday, are not counted as hours worked towards overtime pay for non-shift employees:However, if an employeet works over the standard workweek hours of 40-hours when al holiday falls withinthe-weeky - overtime will be paid for hours worked over. 32. hours in that work Week7REPERENCE pa Section 5.5, 3rd paragraph, Compensation, last sentence: "Holiday leave and jury duty leave count towards the 40-hours worked for 1.5 time call-back compensation." Make this as standard for all employees to county towards the 40-hours worked for 1.5 time. Page 20, Payment of Compensatory Time, Flex Work Schedule and Exempt Employees. The City has employee(s) that are exempt and are tracking overtime" hours worked over 40 as "flex time"; is this accurate way or why track "hours over 40" for Exempt staff; are they entitled to accumulate and then take this time during the year? States they cannot and will not be paid for Flex time : anytime I've been exempt, "flex-time" was never accumulated, SO curious as to how/why this is done here at City of Cumby (?) Sections 5.6 Emergenty-Closmgs: Define semtarPurome'mm Poliee-Department, The Employee Handbook does not address Education / Training. Add a section to Expenses related to trainingcertification required by city employees' will be paid/reimbursed by the City of Cumby. This includes paying salary during training and travel-time to/from training event (ifany) up to 8/hr/day not to exceed 40-hours per week unless approved by the Mayor. The city will reimburse or pay direct for expenses incurred but not limited to: Training class, meals, and hotel. Hotel will bej paid if the training class is more than three-hours (3-hours) one-way from City Hall, 100 E. Main Street, Cumby TX 75433. Travel rates will be paid at the then current government per diem rate. Based  the Department Director.  the Mayor.  *  ether(?) incorporate:  yk  A  1    on cost oftravel, reimbursement willl bei made: for thel lessor oftravel via employee personal Ifthe City bears the cost of training and an employee leaves the employment of the city, with or without cause, within 12-months oft training, the employee must reimburse the cost oftraining (class, book and other fees). This amount may be deducted from an employee's  vehicle and/or round-trip airplane flight.  final payroll check.  AS  Page 28, Item 10, last sentence, add: ".. and City Secretary."  Thank you, BJ (BettyJo) Hardman City Secretary City of Cumby  P.O. Box 349 I 100 East Main I Cumby, TX 75433 Main: 903.994.2272 I Direct: 903.994.2083 I Fax: 903.994.2650  scretanyectyefumbycon  2    ORDINANCE 0-2022-06-010  REPEAL ORDINANCE 97-5 AND ORDINANCE8-IA  AN ORDINANCE OF THE CITY OF CUMBY TEXAS ESTABLISHING CITY OF CUMBY PARK: HOURS; REPEALING INCONSISTANT ORDINANCES AND ESTABLISHING Al PENALTY AND AN EFFECTIVE DATE.  WHEREAS, the City of Cumby, Texas, determines it is in the public interest and welfare NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CUMBY, SECTION1 1.] REPEAL. This Ordinance is adopted as stated herein and shall repeal and revoke the entirety of Ordinance No. 97-5 and Ordinance No. 82-1A. All ordinançes or parts thereof conflicting or inconsistent with the provisions of this ordinance as adopted herein are hereby amended to the extent of such conflict. In the event ofa conflict or inconsistency between this ordinance and any other code or ordinance of the City, the terms and provisions of this  to regulate the hours and use oft the Cumby City Park;  TEXAS:  ordinance shall govern.  SECTION2. Except as otherwise provided herein, no person or persons will be allowed in Cumby City Park on any one day outside thel hours of6:00 a.m. to 10:00 p.m., without a written  permit from the City ofCumby and signed by the Mayor.  SECTION3. Any person who shall violate any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not  to exceed $500.00. Each day ofviolation shall count as a separate offense.  SECTION4. This ordinance shall be effective from and after its date of passage PASSED AND APPROVED by the City of Cumby City Council on this the 51dayd of  July, 2022.  Mayor  B  ATTESTED TO: Betty Jo Hagdntan,  APPROVED! ASTOFORM:  b Haben  Secretary City  Charles  fh  Anderso/CivyAtomey  Ordinance 0-2022-06-010  July! 5, 2022  1    ORDINANCE 0-2022-06-012 01D REPEAL ORDINANCE97-5  y  AMORDINANCE OF THE CITY OF CUMBY TEXAS ESTABLISHING CITY OF CUMBY PARK HOURS; REPEALING INCONSISTANT ORDINANCES, AND ESTABLISHING A PENALTY AND AN EFFECTIVE DATE.  WHEREAS, the City of Cumby, Texas, determines it isi ini the public interest and welfare NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CUMBY, SECTION1. REPEAL. This Ordinance is adopted as stated herein and shall repeal and revoke the entirety of Ordinance No. 97-5. All ordinances or parts thereof conflicting or inconsistent with the provisions of this ordinance as adopted herein are hereby amended to the extent of such conflict. In the event ofa conflict or inconsistency between this ordinance and any other code or ordinance of the City, the terms and provisions of this ordinance shall govern. SECTION2. Except as otherwise provided herein, noj person or persons will be allowed in Cumby City Park on any one day outside the hours of 6:00 a.m. to 10:00 p.m., without a  to regulate the hours and use ofthe Cumby City Park;  TEXAS:  written permit from the City of Cumby and signed by the Mayor.  SECTION3. Any person who shall violate any ofthe provisions ofthis ordinance shall be deemed guilty ofar misdemeanor and, upon conviction thereof, shall be punished by a fine not  toe exceed $500.00. Each day of violation shall count as a separate offense.  SECTION 4. This ordinance shall be effective from and after its date of passage PASSED AND APPROVED by the City of Cumby City Council on this the  day  of  2022.  Douglas Simmerman, Mayor  ATTESTED TO:  APPROVED ASTO FORM:  Betty Jo Hardman, City Secretary  Charles Anderson, City Attorney    - Aa  ORDINANCE NO. 97-5 TO AMEND ORDINANCE  Dan  NO. 82-A  2  THE POLICY OF THE CITY OF CUMBYK PROHIBITING THE  LOITERING ON THE CUMBY CITY PARK AND PIET BAPTIST CHURCH PARKING LOT AFTER 10:00 P.M. WITHOUT A PERMIT SIGNED BY THE MAYOR; PROVIDING FOR A PENALTY NOT EXCEEDING $200.00 AND WHEREAS, THEPOLICE DEPARTMENT HAS ADVISED THAT DURING THE DRINKING BEERK PBSSIBLE SMOKING OF MARIJUANA AND LOITERING, SOMETIMES LASTING)UNTIL AFTER MIDNIGHT. THERE HAVE ALSO BEEN INSTANCES OF LEAVING BROKEN GLASS AND: CANS ON THE WHEREAS THis PRACTICE RESULTS UNNECESSARY NOISE IN THE WHEREAS, IT IS IN THE PUBLIC INTEREST AND WELFARE TO REGULATE THE HOURS AND USE OF THE CITY PARK ANDERSF BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CUMBY: SECTION 1. EXCEPT AS OTHERWISE PROVIDED HEREIN, NO PERSON OR PERSONS WILL BE ALLOWED EET CUMBY CITY PARK AFTER 10 P.M., WITHOUT A WRITTEN PERMIT FROM THE A) THERE WILEPENO LOITERING AT FIAGE-BAPTIST CHURCH SECTION 2. TACYEFEW PROVISIONS OF SECTION 1 OF THIS ORDINANCE SHALLAT APPLY TO APPROVED PRIVATE PUBLIC ENTERTANMENTS AND CIVIC BENEFITS. SECTION 3. ANY PERSON WHO SHALL VIOLATE ANY OF THE PROVISIONS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A BY A FINE NOT TO EXCEED $200.00. SECTION 4. HEREAS, AN EMERGENCY IS APPARENFOR THE IMMEDIATE PRÈSERWATION OF ORDER, GOOD GOVERMMENT AND PUBLIC SAFETY THAT REGAIRES THIS ORDINANCE TO BEPME)EFFECTIVE AT ONCE; THEREFORE, UPON: PASSAGE OF THIS ORDINANCE BY A VOTE OF AT LEAST TWO /25 MEMBERS OF THE CITY COUNCIL,/IT SHALL BE EFFECTIVE FROMAND AFTER THE DATE OF ITS PABSAGE, AS MADE AND PROVIDED BY IN THE CHARTER OF THE CITY OF CUMRY.    COURT COSTS. YEAR PAST GROUNDS. PARK AND AUTOMOBEs ONT PROPERTY; AND BAPFIST-CHURCH. NOW, THEREFORE:  W  cloak B fask u 10vpA PE  THERKHAVE BEEN NUMEROUS REPORTED CASES OF  NEteT, HBF-RODPINS AND DESTRUCTION OF  CITY OF CUMBY AND SIGNED BY THE MAYOR.  AFTER 10,00 P.M.  AE  PARTIES,  MISDEMEANOR  Bhs  AND, UPON CONVICTION THEREOF, SHALL BE PUNISHED  PASSED AND APPROVED THIS  1997.  MAYOR COMISSIONER Tat COMMISSIONER  - Zri  Vifho  0  Aakio    ORDINANCE NO. 82-1A AN ORDINANCE  DECLARING THE POLICY OF THE CITY OF CUMBY; PROHIBITING THE LOITERING ON THE CUMBY CITY PARK AFTER 10:00 P. M. WITHOUT A PERMIT SIGNED BY THE MAYOR; PROVIDING FOR A PENALIY NOT EXCEEDING2DO.  AND COURT COSTS. WHEREAS, the Chief of Police has advised that during the past year there have been numerous reported cases of drinking beer, possible smoking of marijuana and loit- ering, sometimes lasting until after midnight. There has also been instances of leaving broken glass on the WHEREAS, this practice results in unnecessary noise in the park, hot rodding automobiles on the streets of Cumby, WHEREAS, it is in the public interest and welfare to regulate the hours and use of the city park;  park grounds.  and destruction of property; and  NOW THEREFORE:  BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CUMBY: Section 1. Except as otherwise provided herein, no person or persons will be allowed to loiter on or use the Cumby City Park after 10:00 p.mo, without a written permit from the City of Cumby and signed by the Mayor, Section 2. The curfew provisions of Section 1 of this ordinance shall not apply to approved private parties, public entertainments and civic benefits, Section 3. Any person who shall violate any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $200.00. Section 4. WFEREAS, an emergency is apparent for the immediate preservation of order, good government and public safety that requires this ordinance to become effective at once; therefore, upon passage of this ordin- ance by a vote of at least two (2) members of the City Council, it shall be effective from and after the date of its passage, as made and provided by in the Charter of PASSED AND APPROVED THIS /Oth DAY OF Feby_1982.  the City of Cumby.  Samei athan  MAYOR    ATPEST: 1h a        6/30/22, 1:18F PM  Property Information  HOPKINS COUNTY  Home Return to Search  Print  Property Year2022 Map/Gis Property ID: R000000836 Geol ID: 20.0030.000,006.00  Information! Updated 6/30/2022 Previous Property 2/3 Next Property>  67)  30  67  30  30FrontageR  130trontageRd  R000000821  130Frontage/Rd  Frontagel Rd 130FrontageRd  Valero  R090009824  R900999834 R000000827  R00Q020580  htps/liswdataclientazurewebstes.nelnwbPlopervyMap.asp.aspa7dbkey-hopanscadsype-siusssdata-BAMBOO: TI08Id-R00000836Atime-2020.. 1/2    6/30/22, 1:18P PM  Property Information  Map data 02022 Imagery 02022, Maxar Technologies 20m  Reportar mape error  Southwest Data Solutions provides thisi information' "asi is" without warranty of any kind. Southwest Data Solutionsi isr notr responsible for any errors or omissions.  htpsuiswdataclientazurewebsles.newwebPlopertyMapaspadbkey-hopanscadsatype-slusisatm-BAMBOOST000836Btime-20220.. 2/2    ORDINANCE NO. 0-2022-07-011  AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUMBY, TEXAS, REPEALING AND REVOKING ORDINANCE 87-8 IN ITS' ENTIRETY AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING AN  EFFECTIVE DATE.  WHEREAS, the City Council of the City of Cumby, Texas, are in agreement that Ordinance 87- 8Prohibiting Public Dancing Within the Fire Limits of the City of Cumby, Texas, should be repealed, NOW,THEREFOREBEIFORDAINED BYTHE CITY COUNCIL OF THE CITY  OF CUMBY:  Section 1: Section 2:  Ordinance 87-8 is hereby repealed;  Ordinance 0-2022-07-11 shall be in effect from and after its date of passage.  PASSED AND APPROVED by the City ofCumby City Council on this the 51h day of  July 2022.  hh  Douglas Simmerman, Mayor  ATTEST:  APPROVED. ASTOFORM  betty &e Bhibnen Betty Jo Hgdman, City Secretary  Charles  LA -  Ordinance 0-2022-07-011  July! 5, 2022  1    ORDINANCE NO. 87-8  AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF CUMBY, TEXAS, RESTRICTING WHO CAN HOLD PUBLIC DANCES WITHIN THE FIRE LIMITS OF THE CITY OF CUMBY, TEXAS; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICC HEREWITH, AND PROVIDING A PENALTY FOR THE  VIOLATION THEREOF.  WHEREAS, the City Commission of the City of Cumby, Texas, are in agreement that parts of the ordinance prohibiting public dancing within the Fire Limits of the City of Cumby, Texas WHEREAS, the City Commission of the City of Cumby, Texas, also realize the necessity to restrict those individuals permitting public dancing within the Fire Limits of said City, NOW, THEREFORE, BE IT ORDAINED by the City Commission of the Section 1: That it shall hereafter be unlawful for any person or persons or the agent or employee of such person or persons with the exception of a non-profit organization to permit public dancing of any kind or character in any public building, public house, or place of business of any kind or character embraced within the Fire Limits of the City of Cumby, Texas, whether an admission fee is charged theretor oT not Section 2: Any person or persons, or the agent or employee of such person or persons, violating any of the provisions of this ordinance shall upon. conviction thereof, be deemed guilty ofa misdemeanor and be fined any sum not to exceed two hundred dollars ($200.00), and each separate day that public dancing shall be permitted in any public building, public house, or place of business of any kind or character, embraced within the Fire Limits of the. City of Cumby, Texas, shall be deemed a Section 3: A1l ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of conflict only. Section 4: That if any section, sentence, clause or phrase of this ordinance is for any reason held to be illegal, ultra vires, OT UncOnatAtuFiona1, such invalidity shall not effect the validity of the remaining portions of this ordinance. Section 5: This ordinance shall be in full force and effect PASSED AND APPROVED this the a day of Tovember 1987-  should be repealed, and  City of Cumby, Texas:  without prior consent of the City Commission.  second offense.  from and after its passage and approval.  James Strickland,  GE  ATTEST: PAAA  BPlankitb    ORDINANCE 0-2022-07-012  AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUMBY TEXAS, REPEALING AND REVOKING ORDINANCE 2003-13, AND PROVIDING FOR A DISTANCE FROM ACOHOLIC BEVERAGE SALES TO A CHURCH, PUBLIC OR PRIVATE SCHOOL OR PUBLIC HOSPITAL; PROVIDING A PENALTY AND PROVIDING AN EFFECTIVEDATE  WHEREAS, the City Council oft the City of Cumby desires to Repeal and Revoke Ordinance 2003- 13, An Ordinance of the City COMMISSION oft the City of Cumby, Texas Providing for the Distance of Place of Business From Church, Public School or Public Hospital Repealing all Ordinances or Portions of WHEREAS, the City Council of the City of Cumby will comply with Texas Alcoholic Beverage Code - ALCO BEV $ 109.33 Sales Near School, Church, or Hospital State Law governing the distance requirement for businesses engaging in the business of selling any alcoholic beverage as it pertains to  Ordinances in Conflict therewith; and Providing AN EFFECTIVE DATE;  churches, public or private schools or public hospitals.  NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF  CUMBY:  Section 1: Ordinance 2003-13 is hereby repealed;  Section 2: In accordance with Section 109.33, TEX. ALCOHOLIC BEV. CODE, the sale of alcoholic beverages by a dealer shall be unlawful within 300 feet of a church, public hospital, or a public or private school. Upon appropriate request ofa a public or private school, the sale ofalcoholic beverages by a dealer shall be unlawful within 1,000 feet of such public or private school. The measurements listed in this section shall be made in accordance with said Section 109.33. Section 3: This ordinance shall bei in effect from and after its date of passage.  Section 4: Violation oft this ordinance shall be punishable by a fine of up to $500.00 per day, with PASSED AND APPROVED by the City Council oft the City of Cumby this the 51 day  each day being a separate violation.  ofJuly 2022.  Douglas  Mayor  RAE  ATTESTED TO:  APPROVED ASTOORM:,  botk Q Hibnes Betty. Jol Hprdnkan, City Secretary  Charles  az  Ordinance 0-2022-07-012  July 5,2022  1    ORDINANCE NO, 2005-13  AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF CUMBY, TEXAS, PROVIDING FOR THE DISTANCE OF PLACE OF BUSINESS FROM CHURCH, PUBLIC SCHOOL, OR PUBLIC HOSPITAL REPEALING ALL ORDINANCES OR PORTIONS OF ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING THAT THIS ORDINANCE SHALL BE IN FULL FORCE AND BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CUMBY,  EFFECT, AFTER THE 18th DAY OF September  2003.  TEXAS:  No person shall sell, or engage in the business of selling any alcoholic beverage where the place of business ofsuch person is within 1000 feet of a church, public school, or public hospital and incorporating all other requirements of V.T.C.A., Alcoholic Beverage Code Section 109.33, as it pertains to churches, public schools, or public IFA ANY SECTION, CLAUSE, OR PHRASE OF THIS ORDINANCE SHALL BE HELD FOR ANY REASON TO BE ILLEGAL, ULTRA VIRES OR UNENFORCEABLE FOR ANY REASON, THEN SUCH INVALIDITY SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THIS THIS ORDINANCE SHALL SUPERSEDE ANY ORDINANCES IN CONFLICT HEREWITH AND SUCH PRIOR CONFLICTING ORDINANCES OR PARTS THEREOF ARE HEREBY REPEALED TO THE EXTENT THAT THEY CONFLICT THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FROM AND  hospitals.  ORDINANCE.  WITHTHIS ORDINANCE.  AFTER THE 18+h DAYOF September  2003.  PASSED AND APPROVED THIS THE 186b DAY/OF  2003.  Seplember  ATTEST: DRy A City Sedtetary  Daydinr    RESOLUTION R-2022-07-1012  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  CUNCIL OF GOVERNMENTS BOARD OF DIRECTORS  WHEREAS, the ARK-TEX Council lordovemmems(AICOO) 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 toj plan, assist local governments and deliver public services, but has noj power WHEREAS, ATCOG is governed by al Board ofDirectors, and state law requires that this governing WHEREAS, ATCOG serves the Northeast Texas and Southwest Arkansas region that is comprised ofr 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 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 ofGovernments Board ofl Directors.  Auger Daus/As Smmemmn hereby appointed to serve as Representative on the PASSED AND APPROVED by the City Council of the City of Cumby this the 51 day  ofJuly, 2022.  Douglas  Mayor  RAL  ATTESTEDTO:  bttpe Harlms Betty Jo Hordman, City Secretary  tp  R-2022-07-1012  July5,2022  1    A  "  RESOLUTION NO.. o/5-0!  RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUTHORIZING THE APPOINTMENT OF A REPRESENTATIVE TO Conua SERVE ON" THE. ARK-TEX COUNCIL OF GOVERNMENTS BOARD OF DIRECTORS. AS A DIRECTOR WHEREAS, the Ark-Tex Council of Governments was organized local entities in 1966 and. was chartered as a not-for-profit corporation by under governmental WHEREAS, Reorganization in 1968 by the States of Texas and Arkansas as asub-state AVAATCOEA plan, assistlocal govemments, and deliver WHEREAS, ATCOG is governed by a Board of Directors, and state law requires that this governing body. be composed primarily of local govemment elected officials. WHEREAS, ATCOG serves the Northeast Texas and Southwest Arkansas comprised of nine (9) counties in Texas and one (1) in Arkansas, and includes region is counties, school districts, and speclal districts with membership open to all interested cities, WHEREAS, the general purpose of ATCOG is to plan for the unified, far-reaching development oft the region, eliminate duplication ofs services, and promote economy and WHEREAS, The City of lono is a member in good standing with the Ark-Tex WHEREAS, The City of Cohu has one position reserved on the Ark-Tex Council NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Basela PamaTe Tite); Don Meck, is hereby appointed to serve as Representative on  TEXAS  Local Government Code.  Chapter 391,  services, but has no power to tax or to regulate.  public  that  governmental entitles.  efamgyogheodhasten Council of Governments; and  of Govemments Board of Directors; and  Chno TEXAS THAT:  Tex Council of Governments Board of Directors.  the Ark-  REVIEWED AND APPROVED THIS 1eEDA OF. JANUARY,2015.  ATTEST:  Cka  2000/20000  ouoo Jo S1TO  8100 881 £06 XVI 92:€2 STOZ/92/TO