AGENDA NOTICE OF REGULAR MEETING OFTHE CITY COUNCIL OF CUMBY, TEXAS  This notice is posted pursuant to the Texas Open Meetings Act. Notice hereby given that the City Council of the city of Cumby, Texas will conduct a Regular Meeting on June 14,2022.at6 6:30 p.m., Ift the public desires to speak during a specific agenda item, they must email srtn@sipolumlycon by 4:00 pm on the day oft the meeting. The email must contain thej person's name, address, phone number, and the agenda item(s) for which comments will be made. You may also communicate and send your comments to the City Councilmembers directly by emailing; ldermanl@cityofcumby.com, emamcbpoumtyaens Memantasibpolumly.sem: cumbyaldermanan5@gmail.com The meeting agenda and agenda packet are posted online at www.cumbylx.com website.  at 1001 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." Ifyou 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 thati ifyou wish to speak that you follow guidelines posted at the bottom ofthis Agenda. Pursuant to TEX. GOV'T CODE 551.0415(b), the Mayor and each City Council member may announce city events/community interests and request that items be placed on future City Council agendas. "Items of Community Interest" include items posted at the bottom ofthis Agenda  5. CITY COUNCIL COMMENTS  Welcome to new aldermen: Ms. Amber Hardy, Place 1 and Ms. Katherine Flinn, Place 2 Thank you!! Sheryl Lackey for serving as. Alderman 1 from 11/2021 to 05/2022. November 8, 2022 Election for: MAYOR, ALDERMAN! PLACE 1 AND PLACE2.  CONSENT AGENDA & DEPARTMENT REPORTS  All matters listed under this item are considered routine by the City Council and will be enacted by one motion. There will notl be separate discussion ofthese items. Ifdiscussion is desired by any Alderman on any item, that item will be removed from the consent agenda and will be considered separately.  6.1. Approval - City Council Minutes, Regular Meeting, May 10, 2022 6.2.1.1 Review Messer Fort & McDonald March /April 2022B Bill 6.3. Approval - 2021-2022 Vendor Balance Detail 6.4. Approval - Public Works Department Activity Report 6.5. Approval- 1-Utility /Maintenance Work Order Update Reprot 6.6. Approval - Police Department Activity Report 6.7. Approval - Municipal Court. Activity Report 6.8. Approval Building Permit Activity Report 6.9. Fire Department Activity Report  6.2. Approval - 2022 May Financials  6.2.2. Repair for City Hall, Air Conditioner, Court-side & restructure vents in attic  June 14, 2022  Pagc113    7. OLD BUSINESS Resolutions  7.1. Discussion: Alderman 4, Aly Crocker, Committee update regarding review of Ordinances / 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 is in place; they will forward a copy of the document for Cumby files. Once secured, Cumby will send Truancy prevention diversion fund accumulated funds to Hopkins County auditor's office, Shanna  Halsbrook, quarterly. All funds up to March 31,2022, will be sent.  8. NEW BUSINESS  8.1. Discussion: New. Aldermen seated May 16, 2022: Presentation by City Attorney regarding Open Meetings and (potential) Walking Quorum situations (Charles Anderson, City Atty) 8.2. Diseussion/Action: Notice ofI Deadline to File Applications for Place on1 the Ballot (Mayor) 8.3. Discussion/Action: Resolution R-2022-06-1010 Calling for a General Election and Establishing the Procedure for the General Election for City Officers to be Held on November 8, 2022, ini the City ofCumby, Texas; and Providing for Other Matters Related to thel Election (Mayor) 8.4. Discussion/Action: Review Calendar for 2022-2023 Fiscal Year Budget and set Workshop 8.5. Discussion/Action: Resolution R-2022-06-1011 Amending City of Cumby Employee & Policy Manual as it Relates to: City of Cumby Participation with TML; Normal Working Hours, City Hall Staff and Maintenance Department Staff; Meal Periods; Overtime during a Week in 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 Incident to 8.6. Discussion/Action: Ordinance 0-2022-06-010 Repealing, revoking and replacing Ordinance: No. 8.7. Discussion/Action: Ordinance 0-2022-06-011 Amending Drought Contingency Plan - City of  date(s)(Mayor)  City Secretary (Mayor)  97-5; Establishing hours and use of Cumby City Park  Cumby, No. 2016-05-001  9. ADJOURNMENT  Executive Sessions Authorized: This agenda has been reviewed and approved byt the City's legal counsel and the presence of any subject in any Executive Session portion oft the agenda constitutes a writteni interpretation ofTEX. GOVT CODE CHAPTER5 551 by legal counsel for the governmental body and constitutes an opinion by the attorney that the items discussed therein may be legally discussed int the closed portion ofther meeting considering available opinions ofac court ofr record and opinions oft the Texas Attorney General known to the attorney. This provisionl has been added tot thisa agenda witht thei intentt tor meet all elements necessary tos satisfy TEX. GOV'TCODE: 551.144(c): and the meeting is conducted by allj participants! inr reliance ont this opinion. The Council may vote: and/or act upon each ofthei items set out in this agenda. In addition, the city Council for the City of Cumby has ther right to adjour into executive session at any time during the course of this meeting to discuss any matter authorized Texas Government Code Sections 551.071 (Consultation with Attomey); 551.072 (Deliberations related to Real Property); by 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 of security policy); and 551.087 (Deliberations regarding Economic Attendance by Other Elected or Appointed Officials- -1 NOTICE OFI FOTENTIALQUORUM: Itis anticipated 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 extentr required by law, is also notices as a meeting of the other boards, commissions and/or committees of the City, whose members be in attendance. The members oft the boards, commissions and/or committees may participate in discussions on the same items may 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 to the' Texas Open Meetings. Act.  Development negotiations).  June 14, 2022  Pagc213    Presentation by Citizens Guidelines:  Thel Mayor will recognize those citizens whol haves signed upi prior tot the start oft the meeting. Pursuant tol Resolution No. 2020-12 Citizens are given three minutes (3:00) tos speak during' Presentation by Citizens." Members oft thej public may only speak once and cannot pass the individual's time allotment tos someone else. Direct your comments tot the entire Council, not to ani individual member. Show the Council members the same respect and courtesy that you expect tol be shown tos you. Thel Mayor will rule any disruptive behavior, including shouting or derogatory statements or comments, out of order. Continuation ofthis type ofbehavior could resulti in a request by thel Mayor that thei 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 fori items not ont the agenda. (Attomey General Opinion -JC0169)  City Council Comment Guidelines:  Expressions ofthanks, congratulations, or condolences. Information regarding holiday schedules salutary recognition for purposes of this subdivision.  An honorary or salutary recognition of a public official, public employee, or other citizen, except that a discussion regarding a change in status ofap person's public office or public employment is not honorary or Information regarding a social, ceremonial, or community event organized or sponsored by an entity other Announcements: involving an imminent threat tot thej public health and safety ofpeople ini ther municipality or  Ai reminder about an upcoming event organized or sponsored by the governing body. than the governing body or an official or employee of thei municipality or county; and  county that has arisen after posting oft the agenda.  CERTIFICATE:  Ihereby certify that the above Notice ofMeeting was posted on1 the City Halll bulletin board ont the, June 10,2022, at aj place convenient and readily accessible tot the general public at all times, and to the city's website, ps/pwgambyikK.om. in compliance with Chapter 551, Texas Government Code.  Harkmen  MOPK KINS  he  Betty Jo Hardman, City Secretary  A  June 14, 2022  Pagc313        MINUTES REGULAR MEETING CITY COUNCIL May 10, 2022.  1. CALL: MEETING TO ORDER @ 6:30pm  2. PLEDGE OF ALLEGIANCE AND INVOCATION by Mayor Simmerman 3. ROLL CALL & QUORUM REPORT-attemding the meeting were:  Mayor Douglas Simmerman Alderman Place 3, Wayne Mobley 4. PRESENTATION BY CITIZENS  (Holdover) Alderman Place 2, Amber Hardy Alderman Place 4, Aly Crocker  Don Bloom & Tommy Owens: They have recently purchased property offI-30 West and will be opening Great Outdoor RV. Presentation and brochures left (included as part of this council packet). Currently, have RV Dealership in Canton and sell Coachman and Catalina and Small and Sport Tech travel trailer; 5th wheel for % ton trucks and luxury; size: mid-teens to well over 100' 1 travel; self-contained. The segment of our population now interested in "RV'ing" is really growing. They have seen a boom in last couple of years; particularly with COVID. Once purchased, they will install a security fence; have scheduled to update and have survey of both properties. They will also construct a new-build two-bay shop close to where the Valero is located. They havel had an electrician out who checked out electric. Some construction may be delayed but hope to build int the next two-1/2 months. They will also be offering mobile service as well. Regarding Signage: Existing is the frame that was at one time attached to hotel on the property. They will get it cleaned up; have a new: face placed on the frame and use the existing structure. They wanted to ensure that the existing frame meets today's ordinances? Once the survey is complete, they will be able to determine and confirm that the signage is on their property. The owner oft the Valero, Rubal, has no issues with location. This will also remove the eye-sore" as  one travels down I-30 West. 5. CITY COUNCIL COMMENTS  A Special Meeting will be held to swear in Alderman Place 1 and Place 2, May 16 @ 5:15 pm Thank Utility Clerk for time she put in to prepare the Work Order spread sheet for council  May 30, 2022, is Memorial Day and City Hall will be closed C CONSENT AGENDA & DEPARTMENT REPORTS  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 oft 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, April 12, 2022 6.2. Approval - City Council Minutes, Special Meeting May 4, 2022 6.3. Approval - 2022. April Financials 6.4. Approval - Vendor Balance Detail (April 2022) 6.5. Public Works Department Activity Report 6.6. Police Department Activity Report 6.7. Municipal Court Activity Report 6.8. Building Permit Activity Report 6.9. Fire Department Activity Report  May 10, 2022  Pagel 116    City Secretary commented regarding Financials: City is searching for a CPA; first one: recommended did not have experience in QuickBooks. The problems appear to be associated with the CDBG Checking account not entered properly. All funds have been paid properly; the recordation in QuickBooks was not entered properly. Search continues and goal is tol have CPA review /repair prior to next council meeting. Alderman Crocker made motion to approve the Consent Agenda, with the amendments submitted by Holdover Alderman 1 tot the April 12, 2022 Minutes (attached and made part of this report).  Alderman Mobley, 2nd the motion 3/0 none against motion carried 7. EXECUTIVE SESSION:  Thel Mayor broke the Regular Council meeting at 6:45 for Executive Session:  7.1. In: accordance with Texas Government Code, Section 551.001, et seq., the City Council will recess 7.1.1. $ 551.071(1): 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 of the State Bar of Texas clearly conflicts with the Texas Open Meetings Act 7.1.2. Discussion: $ 551.089 Deliberation regarding Security Devices for Municipal Court 7.1.1.Discussion: $ 551.071(2) attorney advice on use of funds received into the Municipal Court  into Executive Session (closed meeting) to discuss the following:  regarding: Security Systems for City Hall. Proposed Security System. (Alderman Ryan Horne)  for fines. (Alderman Lackey)  Thel Mayor Reconvened into Open Session at 6:56 pm.  7.2. In accordance with Texas Government Code, Chapter 551, the City Council will reconvene into Regular Session to consider action, if any, on matters discussed in Executive Session. The Council Approved additional funds for the City Hall security update as follows: Alderman Hardy made the motion to approve funding required to add the camera by the  police storage building to the security budget. Alderman Crocker 2nd the motion; 3/0: none against, the motion carried Aly  8. OLD BUSINESS Crocker) the City ofCumby; Alderman Mobley 2nd the motion; 3/0 none against, Motion Carried  8.1. Discussion/Action: Resolution R-2022-05-1008 Appointing an Auditor for the City (Alderman Alderman Crocker made motion to approve Resolution-R-2022-05 1008 appointing an auditor for  8.2. Discussion/Action: Resolution R-2022-05-1009 Amending Resolution No. 001-2014 A Resolution of the City Council oft the City of Cumby, Texas Repealing any Previous Resolution or Investment Policy and Providing for Investment Policy Scope, Standard of Care, Investment Objectives, Delegating of Authority and Appointment ofInvestment Officer, Ethics and Conflicts ofInterest, Authorized. Investments, Strategies, Safekeeping: and Custody, Diversification, Internal Controls, Market Yield, Reporting, Adopting and Providing an Effective Date. Declaring Investment Officer for City of Cumby (Mayor Simmerman); the Mayor indicated that Holdover Alderman Lackey found the Resolution /Notice for Mayor to act as Investment Officer in past  minutes; and it was agreed to table this item.  May 10, 2022  Pagc216    8.3. Diseussion/Action: Ordinance 0-2022-5-005 - Amending Ordinance 2022-02-06 costs for Building Plan review to capture fees from Building Inspector consulting firm and amending Move Permit Clause. (City Secretary / Mayor Doug Simmerman): - brought back in) May meeting. Alderman Hardy made: motion to pass Ordinance 0-2022-5-005 Amending ordinance 2022-02-06 costs for Building Plan review to capture fees from Building Inspector consulting firm and  amending Movel Permit Clause; Alderman Mobley 2nd the Motion; 3/0 none against, the Motion Carried  8.4. Discussion: Status of Payment plan for IRS outstanding past due amount of $16,698.78 (City Secretary)- - The City Secretary pointed out that thel IRS fee /penalty incurred from thel December 2018 945 reports was now included in the Financials. We continue to try to contact them to set-  upapayout plan as well.  9. NEW BUSINESS  9.1. Diseussion/Action: Appointment of committee to review Ordinances / Resolutions to determine which is the "newest" and effective for City of Cumby. Option for discussion is to hire firm to complete codification of City of Cumby Resolutions/Ordinances (fees have been requested from Discussion: We have sO many Resolutions / Ordinances on the books and that may be potentially conflicting. Mayor agreed to appoint Aly Crocker as the Chair ofa Committee to. Review Ordinances and Resolutions for the City of Cumby to determine what is the most recent and thus what is in force. Alderman Crocker will form her own committee and then report to the council on progress. Alderman Crocker stated that shei is currently off on Monday and Tuesday from her full-time job and will start at beginning and go through all of them (Ordinances / Resolutions). Mayor advised that she should be mindful of who selecting to be on the committee to avoid a walking quorum. She further noted that Ms. Duckworth provided excellent reports to the council and perhaps she would be available. /1 have Review ordinances and report to the council and make a decision. As a committee appointed by the City Secretary reported that there are services that could put all in order. Example: Commerce Texas has an effective site on Municode". Municode reviews and then places all online and have electronic version available. Costi is $10K to set-up and then annual feet thereafter. Thisi isar nice tol have; however, The Mayor further advised it will be al lot of reading for the committee; recommends committee meets periodically; likely will be individuals on the committee coming in and reviewing Ordinances and Resolutions at City Hall; not a lot of people free at same time. Each could study Ordinançes / Resolutions and then report on what each found. Organizational meeting; assign a certain number of Ordinances to each; then come back with recommendations; Committee Chair would then report back 9.2. Discussion: AVRI billing system; more specifically the current Ordinance for rates and what AVR currently has in our billing system and what we need to dot to correct thisi issue. (Alderman! Lackey) City Secretary reported AVR system is now set-up (or will be as of June 1, 2022) with correct billing rates: A base rate feei is supposed to be charged; and then a usage rate should be charged in addition to base rate. Utility Admin has found errors which has consumed a lot of her time. She continues to  two companies that provide codification services.)(Alderman Crocker)  time toj join committee.  council iti is a public body; post when it meets.  city does not have funds currently.  to Council with action items.  research each individual account and see ifthey are: right  May 10, 2022  Pagc316    Apparently when AVR system was set-up, fees were not set-up properly and the system has never 9.3. Discussion/Action: Ordinance No. 2022-05-006 An Ordinance amending Ordinance 2021-11- 010 and 2021-11-013 setting trash rates, water and wastewater tap fees for City ofCumby Utility Mayor Simmerman reported that when Republic Trash increased rates to the City for Services (due to price of steel and truck manufacturing; gasoline pricing; and personnel costs); we reviewed the trash rates for the City and realized that they should be simplified and consistent. We have set Republic Trash as City of Cumby solid waste vendor; they will also now provide big dumpsters and roll-off. In the past, construction or other customers could schedule this with any company. Republic will: now be exclusive in City of Cumby and all will have to use Republic and schedule service through City of Cumby. Republic will take care of the billing and send a % to City of Cumby. We will work with Republic to determine how many cans each customer has; and, ensure people are billed appropriately. There have been gaps in the system and most people are only billed for one (1) trash can. Ifa customer requires a 2nd trash can, it will come from Republic. They will start eliminating services of picking up anything except refuse in Republic trash cans. Additionally, customers are allowed "x Will this anger customers? Right now, both Cumby and Republic are losing money. Cumby gets charged for every can Republic picks up; if they are not Republic cans, they shouldn't be picked up. Republic will also provide an App wherein the customer can "follow the trash truck" on trash day to know when it will be by their home /business; they can report that at trashcan was "missed". Water tap and' Wastewater tap: fees are also increasing. The cost to the city has raised exponentially; as well as other cities around us have raised fees. Example: Miller Grove water tap fee is $2,550. How will this impact residents? Ifnew home build or owner requires a new wastewater or water tap When we break out time and labor and materials; some projects we lose money on and some we gain on. We are waiting on the TCEQ report to see how many additional taps can be added by Cumby for Alderman Hardy made aj motion to accept Amendments to ordinances 0-2021-11-010 and 0-2021-11-  charged water rates on that basis (set-up in 2020).  customers. (Mayor Simmerman)  bulk trash', e.g., size ofa washing machine.  line, the new fee will be charged.  new: service. 013.  Alderman Mobley 2nd the motion; 3/0 non against, Motion carried  9.4. Discussion/Action: Responsibility and Role of City Secretary (City Secretary & Mayor Simmerman) - Roles and responsibilities assigned to City Secretary and discussion of how the The Mayor led the discussion regarding responsibilities and roles of City Secretary for City of Cumby. Unless you see what she does on a daily basis; she has sO much on her plate; payables; payroll; minutes; permits; council meetings; keeps getting more and more on her plate. What do you give upt to keep doing everything? She could work 10-12 hours a day and notl keep up. Council needs to think about what we need to do to keep office running efficiently and effectively. We need another office staffmember. Other cities have assigned permitting to Ordinance Enforcement Officer. Would need to determine ifl Painter is willing to take that on but more importantly does he have the time. That added to his responsibilities could also change his work schedule. Perhaps schedule permitting on specific days? (City Hall has already posted - but not enforcing). Police: wel have hired another andl have a possibility tol hire. Aj part-time person could cross-train and help  Council/Mayor would advise priorities and scheduling  May 10, 2022  Pagc 416    where help needed. Utilities could use help; court could use some help. Responses toj job posting in the past; four (4) didn't show up for work; most did not have a clue about what city secretary does. Wel had people with pizza delivery experience responding for the job. Question is: can we afford it? P&L statement; numbers are in line. Things to think about moving forward in 2022- To raise revenues, the City may: need to raise Water rates; Texas Rural Water Assn. can take our numbers and tell us if we're losing. How long are we out? Our water should be paying our bills Many cities are just like Cumby. Gone 30-40 years without raising water rates and property taxes and noi money put back to take care ofit. Think about water rates and property taxes... Taxes went up due to school bond. People want streets fixed; but street materials is expensive. Maintain the city; property taxes bring in less than $100K/y year. As we move forward; thinking about City Secretary position and keep in mind to generate that money and keep the city operating efficiently Nothing can take off her plate because all ofit is priority. When there is a request for anything - she has to stop doing the city business and do research for items requested: building permits; ordinances; resolutions; laws; record retention; and ion and on which is part ofthe problem. Mayor feelsi in his mind that no one is doing anything illegal, and we are noti trying tol hide anything. Texas statutes and codes are here to protect the residents and the City; however, when we must research and dig through ordinances to justify an answer on how we are doing things; it takes up valuable Before you request something - ask yourself: Are they necessary? Move forward. Be supportive Very knowledgeable about what is going on in that chair. Impressed that has stayed and is a 9.5. Diseussion/Action: Ordinance 0-2022-05-007 Amending Ordinance 2020-12-01 Amending  2023 budget planning.  and not the percentage that comes from Court.  and effectively.  time.  trooper; commend BJ.  Bank Signatures (City Secretary /Mayor Simmerman)  Alderman Crocker made the motion to approve Ordinance 0-2022-05-007;  Alderman Hardy 2nd the motion; 3/0 non opposed; Motion carried  9.6. Discussion/Action: Ordinance 0-2022-05-008 Amending Ordinance 2020-12-01 - Amending Alderman Hardy made the motion to approve Ordinance 0-2022-05-008 Amending Financial  Financial Institution Processes (City Secretary /Mayor Simmerman)  Processes;  Alderman Crocker 2nd the motion; 3/0 none against; motion carried  9.7. Discussion: Appointment of Municipal Judge for City of Cumby (Alderman Lackey) Mayor met Raines County Jenkins Franklin who ist their JP. He owns drycleaner; character seems like ag good person. Mayor approached him and asked if he would be interested in being the Municipal Judge for Cumby. He is entertaining the thought. Not a local; no connection to the city; clean-cut young man; articulate. High character and elected by Raines County. Council would like tol Meet face toi face with him. Judge is required one time ai month for court. Ms. Rita is an associate judge and can handle many items as well. Affordable and pay for one time a month when comes to court. Raines will send him to judge school versus Cumby paying. Ask him to come during council meeting; Rita schedule for court; have been pushing back and had warrant round-up. Mayor will set-up time with  him. May 10, 2022  Pagc516    9.8. Discussion and/or Action: Authorizing the Staff and the Mayor to take all reasonable steps to seek out Juvenile Case Manager Services for the City of Cumby and bring back to Council for approval a suitable agreement, including, but not limited to an interlocal agreement, for such The Mayor said that Ms. Rita Graham contacted case manager for Hopkins county; works in Brad Cummings office. We don't deal with. Juvenile cases. We are not big enough. The funds go through the offices; and where to send Truancy; interlocal agreement; they would be here for us. Alderman Hardy made al Motion to set-up an inner local agreement with Hopkins County case  services. (Alderman Lackey)  manager for Cumby. juvenile cases, ifany. Alderman Mobley 2nd; 3/0 none against, the motion carried.  10. ADJOURNMENT = there being no further business, the meeting adjourned at 8:01pm  Simmerman, Mayor  ApE  ATTESTED:  bat Sfihmus Betty. Jo Hagdinah, City Secretary  APPROYEDASTO FORM, Charles Anderson,CijA Attorney TR  May 10, 2022  Pagc 616    10:43AM 06/10/22 Accrual Basis  City of Cumby Profit & Loss May 2022  May 22  Ordinary Income/Expense Income Subdivision Fees -PD Fines Interest Earned PemmitsRegistrations Tax &F Franchise Fees Franchise Property Tax Sales Tax Total Tax & Franchise Fees Water. Sewer New Service Connection Fee Water- Sewer Adjustments Garbage Revenue Late Fee Sales Tax Collected Sewer Revenue Water Revenue Water- Sewer- Other Total Water- Sewer Water Deposit Total Income Gross Profit Expense Building Inspector Administration Late Fees &1 Interest Office Expense Insurance Legal Fees Maintenance Mayor/Council Monthly Fee Membership Office Supplies Postage Software Technology Telephone Total Administration Debt Service Payment Processing Center TWDB Bond Total Debt Service Mayor & Council Flower Fund Total Mayor & Council Municipal Court Postage Security State Fees Technology Telephone  120.00 49,061.28 3.23 115.00 23,462.82 1,732.13 14,385.01 39,579.96 70.00 66.10 5,246.25 672.35 438.95 6,700.33 12,175.38 10,000.00 35,369.36 20.00 124,268.83 124,268.83 76.92 100.00 39.99 -605.00 6,604.50 279.41 150.00 14.99 45.43 42.90 37.65 637.00 394.37 7,741.24 200.00 9,277.50 9,477.50 101.99 101.99 39.86 170.00 6,550.77 438.25 136.94  Page 1    10:43A AM 06/10/22 Accrual Basis  City of Cumby Profit & Loss May 2022  May: 22  Total Municipal Court Park Improvements Utilities Total Park Improvements Payroll Expenses Medical Assistance Expense PENSION EXPENSE Child Support Payroll Expenses- -Other Total Payroll Expenses Public Safety Police Department Technology Legal Fees Auto Repair & Maintenance Equipment" License & Support Telephone Total Police Department Total Public Safety Water/Sewer Water Sewer Main Repair Materia Technology Bank Fee Automobile Repairs Chemicals Deposit Refund Fuel Garbage Collection Fee Legal Fees Maintenance Mileage Office Supplies Operating Supplies Postage Software Telephone Testing Uniforms Utilities Total Water/Sewer Total Expense Net Ordinary Income Net Income  7,335.82 20.00 20.00 353.36 2,486.71 119.31 33,518.70 36,478.08  1,920.38 127.00 4,805.34 42.39 1,200.00 150.00 8,245.11 8,245.11 850.00 66.14 19.00 10.00 1,114.97 325.00 942.00 4,721.26 588.00 2,832.17 64.35 271.62 870.91 487.91 119.00 168.35 296.92 60.60 200.77 14,008.97 83,485.63 40,783.20 40,783.20  Page 2    10:50 AM 06/10/22 Accrual Basis  City of Cumby Profit & Loss October1,2 2021 through June 10, 2022  Oct1,'21-Jun1 10,2 22  Ordinary Income/Expense Income Public Grant Funds Subdivision Fees - PD Fines Interest Earned License &F Permits PemmitsiRegistrations Property Sale Public Safety Department Accident Report Total Public Safety Department Tax &1 Franchise Fees Franchise Property Tax Sales Tax Tax & Franchise Fees Other Total Tax &F Franchise Fees Water- Sewer New Service Connection Fee Water Transfer Fee Water- Sewer Adjustments Garbage Revenue Late Fee Sales Tax Collected Sewer Revenue Tapi fee Water Revenue Water- Sewer Other Total Water- Sewer Water Deposit Totall Income Gross Profit Expense Education / Classes/ / Materials Jury Duty Building Inspector Reconciliation Discrepancies Administration Fire Dpt utilities Late Fees & Interest Reimbursement for Travel/Gas Officel Expense Election Insurance Legal Fees Maintenance Mayor/Council Monthly Fee Membership Office Supplies Postage Professional Fees Property Tax Fees Public! Notice Software Subscription Technology  34,175.00 1,494.00 457,853.87 75.72 1,728.03 2,128.65 14,700.00 64.00 64.00 28,152.75 111,864.14 92,986.31 725.85 233,729.05 280.00 140.00 66.10 42,821.47 3,986.04 3,413.87 59,477.81 2,500.00 109,027.69 10,750.00 232,462.98 4,149.60 982,560.90 982,560.90 290.00 168.00 76.92 11,222.46 0.00 13,798.37 666.82 39.99 4,423.34 21,712.25 10,563.50 341.91 1,752.00 850.83 2,049.43 317.28 138.58 3,359.63 995.95 181.30 61.99 8,894.91  Page 1    10:50 AM 06/10/22 Accrual Basis  City of Cumby Profit & Loss October 1, 2021 through June 10, 2022  Oct1,'21-Jun 10, 22  Telephone Utilities Administration-  Other Total Administration Construction In Progress Debt Service Payment Processing Center TWDBI Bond Total Debt Service Mayor & Council Flower Fund Total Mayor & Counci! Municipal Court State Comptroller-Court Legal Referencel Material Collection Service Fee Judge Legal Fees Office Expense Postage Security Software Update State Fees Technology Telephone Travel & Training Utilities Total Municipal Court Park Improvements Utilities Maintenance Supplies Total Park Improvements Payroll Expenses Medical Coverage-various City % Mediçal Assistance Expense PENSION EXPENSE Child Support Payroll Expenses Other Total Payroll Expenses Public Safety Utilities Education Police Department Postage Technology Reimbursement Legal Fees Auto Repair & Maintenance Automobile Purchase Equipment Fuel License & Support Office Supplies Telephone Testing Supplies Training  1,329.30 20,917.93 1,128.41 93,523.72 537.34 400.00, 88,828.50 89,228.50 101.99 101.99 74,052.06 312.48 34,351.69 1,306.48 1,621.00 411.19 298.75 10,139.31 5,500.00 65,770.23 4,032.39 1,859.55 100.00 15,320.13 215,075.26 113.98 1,606.25 52.99 1,773.22 1,318.60 1,519.16 15,632.48 357.93 320,892.25 339,720.42 0.00 150.00 5.00 14,242.71 1,082.36 311.50 27,138.90 17,370.00 2,556.08 18,429.38 3,400.03 75.97 2,533.19 78.00 971.53  Page 2    10:50 AM 06/10/22 Accrual Basis  City of Cumby Profit & Loss October 1, 2021 through. June 10, 2022  Oct1,121-Jun 10, 22 78.19 15,320.13 103,592.97 7.00 103,749.97 650.00 650.00 -131.48 3,600.00 4,075.00 345.51 335.00 336.85 567.00 71.96 30,050.00 1,000.00 31.98 1,134.70 4,481.21 1,237.08 0.00 1,914.60 14,725.48 426.92 125.00 630.00 33,011.41 155.95 1,664.81 8,589.64 2,963.45 2,089.09 4,034.28 1,810.85 1,282.39 1,361.92 79.40 112,587.93 234,719.41 1,090,705.73 -108,144.83 -108,144.83  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    w  8 a S  3  8 E 3  3  YN a 0o a 3 a o  2 1  0 o  0 oo -  3 0 o  o o 0o    89 E W u  2  S  y 6 S S  3  S  3  S - 3 88  3  0 3  S  3 8 00 d  888 B88  uu  3 3   3 1 1 a  uuw u -  000 NNO 838 8888 a 38 m3 883 38 5 3338 3834333333 3    2  3 3  S  0 co S  3  S S 5  888 A: 1 vw  N 3  s  u  S s  S S  4 2 m 1  N 3  88 00 56666666 9873 338 88 38 d8 88 0000    Lic# TACLB27535C R&N Contractors, LLC 660 CR1 1122 Brashear, Tx 75420 Email: wakertechosecmaitcom  Estimate Date: S 05/11/2022  RN COMMERETAL AEFATGERAMON Brashear," TX. 903-246-2463  Estimate No:  515  NPERET G-12 Quantity  For:  City Hall Of Cumby  Code Description  Amount  Estimate to replace 5-ton evaporator case coil. Old coil is leaking Freon. Includes new case coil, labor, drier, drain safety switch, emergency drain pan and welding  $2,457.93 $2,457.93*  charge,  Parts Subtotal  $2,457.93  *Indicates non-taxable item  Subtotal Total Total  $2,457.93 $2,457.93 $2,457493  CITY OF CUMBY /GENERAL FUND R&N Contrators, LLC Type Reference 5/11/2022 Bill Estimate 515  5/24/2022 Discount Check Amount  28424 Payment 2,457.93 2,457.93  Date  Original Amt. 2,457.93  Balance Due 2,457.93  General Operating  Estimate 515- Replace 5-ton Evap Coil, labor, et  2,457.93  1/1    28425 Payment 279.41 279.41  CITY OF CUMBY/G GENERAL FUND R&NC Contrators, LLC Type Reference 5/11/2022 Bill Inv 2466  5/24/2022 Discount Check Amount  Date  Original Amt. 279.41  Balance Due 279.41  General Operating  Inv 2466  279.41  increase return air volume also  USA USA Run Cap 5 mfd R-410a R-410A Fuel Fuel charge fee  2 $18.93 $37.86* 3 $43.85 $131.55* $10.00 $10.00*  Parts Subtotal  $179.41  Code Labor  Description: Tech with helper  Quantity 1  Rate $100.00  Amount, $100.00* $100.00  Labor Subtotal  *Indicates non-taxable item  Subtotal TAX 8.25% Total PAID  $279.41 $0.00 $279.41 $0.00 $279.41  Balance Due  1/2    ONCOR.  May 18, 2022  To the Honorable Mayor and Members of the City Council City of Cumby  Re: Oncor Electric Delivery Franchise Payment  In accordance with the provisions oft the franchise agreement between Oncor Electric Delivery and the City, Oncor Electric Delivery will make a franchise payment by Automated Clearing House on or before 06/01/2022 for the rights and privileges from 06/01/2022 thru 05/31/2023. This franchise payment is based on the total kWh delivered  to retail customers within the city limits as follows:  Basis Period 04/01/2021 - 03/31/2022  Total kWh 6,715,174.00  Factor .003494  Payment Amount $23,462.82  Should youl have any questions, please feel free to contact me.  Willis Oncor Electric. Delivery B  Received' by City ofCumby Date: 5/31/2022 Affix Official City Seal:  Name: BBHhhen Title: City Surtary    BR 2E N 2 4 6 2 1 6 6  s 4E 9 2 4 o 2 1 6 6  5 4E De 2 4 D8 2 1 6 6    5  n  9  D  o  B 2  N    o  a  E  3  3  a   4    5 -  -  0  8    9        Public  looeks  Moy 5 00a2  Sunt 5-:0003  * Dauly RoutiEs Read wells Ond Chek. Ror the Statz. Check Lft Statiow for statz  Eheek Reac Pumps hrs  Pall Chlocine Residual Docwent  wwTP and-docuyent  watze PePpur 2 Leaks  Locats Lmors  Staft TCE 8 Uaspectiors only hnac 4-S Dscreponices., Repair mau at Green  Mus  Dug Q uskes  StRErt on Deutou A Lng Locokel LnE tufnecl ou fo be welw 3  Lint 9pin to Punp houss Pullt Coupore Melet Reports  Reac meties  Call Lh Relocees on Denton Lwe st  Stil  to figurs Our how to shut SOK  Hank TR4ms Por Leak Seuer Top wack Foc nond dus s Cus  Wosle  Woler RoA  Sever PMEPGINC  of CuSE seruice lne et Koe Ci Me mwket  Por Lire Epom Her house to main Ex Plainsho her to Call Encorc 6o Sce f He Poked hole In her S.5. wyen Hhe Ron Eket Sefoicc. She wont Cleonowt told her il would be Fd months Oat Need to Beplece Portobk Rmp Fchorels ot WWT  WOek Ordlers -10 hrs of Rore Reservalons - Sheces OT.  Cleon Pork L check 7 doys Leer Runp soclion Chonce Iwpellers oN M+R ChoNs out 5 neler Regisbrs. Roun H Flood 1SSLes awwTR. Sunstol LoAver Chlof meptor at wTE 35 Issued lay yavt Fush Vhlese d Docuips  yowing; al Chy Properhieg twice Excpt wTP Lach  15-  ustoner Senefoled worlorder    BTYAP* CUMBY 1856  Cumby Police Department May 2022 Activity Report  Calls for Service Warning Citations Citations  236 156 111 267 2 4 7 5  Total Traffic Contacts Crash Reports Incident Reports Offense Reports Arrests  We still have 1 fulltime Police Officer vacancy  One recruit has started. He is very young and inexperienced so he will be in training for 2-3 months with another officer. He is in week Iam in the final stages ofal background check on a parttime police officer applicant. This will save the city money as benefits will not be offered for part time employees. IfI can fill the last fulltime position  #3 oftraining at this time.  with 2 part timers, that is my goal.  The list ofactive city ordinances were posted on Facebook as well as City of Cumby website (code enforcement); and are official, several residences have  May 2022 PD Report    been observed for possible violations; and Officer Painter/City! Hall have received many calls /emails regarding violations and questions.  Chevy truck unit is striped and has seats placed back inside (replacing dog kennel). Still airing out and deep cleaning from the mess it was left in. Again, at no cost to the city. All repairs have been covered by insurance and Seizure funds and our own labor. This unit will be placed back in service in  about a weeks' time.  Silent Sentinel program is active on the city website. The PD Mission  statement is also listed on the City of Cumby website.  National Night Out information has filtered in from the National Headquarters, Iwill be passing these along to Amanda Horne who is my  chairperson for NNO and does a fantastic job.  Coffee, Cops & Cars is scheduled to be at the City Park on June 11th. This is privately funded by my wife and myself. Ihave been approached by a couple ofresidents that want to pitch in and sponsor the event and help buy the donuts and coffee. Mrs. Rebecca Posten has asked to help with this June 11th event. We are 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 responders.  Should anyone have any questions, comments, or concerns regarding the Police Department, please visit with Chief Hundley directly to avoid any here say and/or rumor control. Thank you.  May 2022 PDI Report    CUMBY MUNICIPAL COURT DEPOSIT REPORT  DEPOSIT DATE ma TOTAL OF ONLINE PAYMENTS= 33,5104.85 558745 1.390.31 al20.05  DATE RANGE 4l415.31-200  monthly  TOTAL OF MONEY ORDERS= TOTAL PAYMENTS=  8989.0Le 551.28 4491.07 4104.85 9.41  41,553.91  C GHS -STATE OMNI  SECURITY TECHNOLOGY -TRUANCY FUND -JURY FUND  TRANSFERABLE TO GENERAL 15,421.04  DEPOSIT TO GENERAL 7411.45  TOTAL DEPOSIT= 35,888109  =% 55.190  PROCESSED  Rbhauu  DATE L.a095    CITY OF CUMBY BUILDING PERMIT REPORT June 14, 2022 (Reporting May 2022. Activity)  1. Commercial Building Permit:  a. Great Outdoor RV -] Discussions regarding new build; water meter(s) b. Final inspections For motorcycle shop: Sign/Electrical - still waiting on electrical  provider to install the meter!  2. Residential Permit:  a. Residential Permit: Stephana Burkett, builder for Stinson 217 Commerce Street b. Residential Permit: Permit details provided to a variety of solar installation companies Residential Permit: Kemodel/Accessory Bldg- - K Greene, 208 Frisco Street d. Residential Permit: Electrical 1-111 E. Main, tree fell onto electrical line during storm;  had to bei replaced from house to meter box  3. Contractor Registration:  a. Various Contractor Registrations received for all permitted properties 4. Many calls regarding permitting requirement for various type ofbuild.  *Time requirement on City Secretary is increasing and now at approximately one-day (+-) each week for  building permit and processess.    SHNOH/NVW  39vsn HELVMI  A8C GNVIS/ 4 E 2 0 2 NOIIVDIIS3ANI,  VAII 3 cooo 9  TVOIGII  9F0  guI 38n1onaIS 4 3 4 2 2  IHHHVD - - 99 3  38I SSVHS E 00 13 1 2 5  39VINDV 5 : E Da  ALNNOD H LB DE a N  ALID E 9 00 8o 3        $551.143. Prohibited Series of Communications; Offense; Penalty (a) A member of a governmental body commits an offense if the member: (1) knowingly engages in at least one communication among a series of communications that each occur outside of a meeting authorized by this chapter and that concern an issue within the jurisdiction of the governmenta. body in which the members engaging in the individual communications constitute fewer than a quorum of members but the members engaging in the series of communications constitute a quorum of members; and (2) knew at the time the member engaged in the communication that the series of  communications:  (A) involved or would involve a quorum; and the series of communications.  (B) would constitute a deliberation once a quorum of members engaged in  (b) An offense under Subsection (a) is a misdemeanor punishable by: (1) a fine of not less than $100 or more than $500;  (2) confinement in the county jail for not less than one month or more than six  months;  (3) both the fine and confinement.  Tex. Gov't Code Ann. S 551.143 (West)    NOTICE OF DEADLINE TO FILE. APPLICATIONS FOR  PLACE ON THE BALLOT (AVISO DEI FECHA LIMITE PARA PRESENTAR SOLICITUDES Notice is hereby given that applications for a place on the CITY OF CUMBY Regular Election ballot to elect COUNCIL MEMBER PLACEN NO.1AND PLACEI NO.2; AND, MAYOR FORTWO(2) YEAR Por la presente se notifica que. las solicitudes para un lugar en la boleta electoral regular de la CIUDAD DE CUMBY para elegir al MIEMBRO: DEL CONCEJOLUGAR: NUM. 1 YLUGARNO.2;Y, ALCALDE POR DOS (2). ANOS plazos cada uno podrà presentarse durante el siguiente tiempo:  PARA UNLUGAR: EN. LA BOLETA)  terms each may be filed during the following time:  Filing Dates and Times:  (Fechas y Horario para. Entregar Solicitudes)  Start Date: Satudy.Jmly23,202 End Date: Monday, August 22, 2022 AT5:00 P.M.  (Fecha. Inicio)  (Fecha. Limite)  Office Hours: Monday - Friday: 8:00. A.M.-5:00P.M.  (Horario de la Oficina)  Physical address for filing applications inj person forj place on the ballot: (Direccion afisica para presentar las. solicitudes en persona, para un lugar en la boleta)  City of Cumby, Texas 100 E. Main St. Cumby, Texas 75433  La Ciudad de Cumby, Tejas 100 E. Main St. Cumby, Texas 75433  Address to mail applications for place on the ballot (ifi filing by mail):  (Direccion a donde enviar las solicitudes para un lugar en la bolete (encase de presenter por correo))  City of Cumby, Texas 100E E. Main St. Cumby, Texas 75433  La Ciudad de Cumby, Tejas 100 E. Main St. Cumby, Texas 75433  Betty. Jo Hardman. City Secretary / Secretaria de la Ciudad (Nombre en letra de molde del Oficial de Archivos) patg Hrfmn  Printed Name of Filing Officer  Signature offling Officer (Firma del Oficial de Archivos) June 16,2022 Date Posted (Fecha de publicacion)  FILED FOR RECORD HOPKINS COUNTY, TEXAS 2:49 pm, Jun 23 2022 TRACY SMITH, COUNTY CLERK    Order Election: August 22, 2022 (deadline)  23. June 2022 23. July 2022 22 Aug 2022 26 Aug 2022 24 Oct 2022 4 Nov 2022 8 Nov 2022  Deadline to Post Notice of Candidate Filing first day to file a place on the general election ballot Last day to file for a place on the General election ballot Last day to file declaration of write-in candidacy  First day of early voting Last Day of early voting  VOTE - we will have location here in Cumby as voting place    RESOLUTION: NO. R-2022-06-1010  A RESOLUTION OF THE CITY OF CUMBY, TEXAS, CALLING FOR A GENERAL ELECTION AND ESTABLISHING THE PROCEDURE FOR THE GENERAL ELECTION. FOR CITY OFFICERSTOBEHELDONNOVEMBER 8,2022, INTHECITY OF CUMBY, TEXAS; AND PROVIDING FOR OTHER MATTERS RELATED TO THE  ELECTION  WHEREAS, the laws of the State of Texas provide that on November 8, 2022, there shall be a WHEREAS, the Texas Election Codes applicable to said election, and in order to comply with said Code, al Resolution should bej passed calling the election and establishing thej procedures tol be followed  general election for municipal officers; and  in said election and designating the voting place for said election; and  WHEREAS, the City ofCumby, Texas (the" "City") lies within thel boundaries ofHopkins County, WHEREAS, the City approves and agrees to conduct the City General Election jointly with other political subdivisions in Hopkins County in accordance with Texas Election Code Chapter 271; and WHEREAS, The City and other political subdivisions ini the area. have made provisions to contract with the Hopkins County Election Officer to conduct the City's election, pursuant to Chapter 31, Texas NOW,THEREFORE, BE: IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF Section 1. General Election Ordered. A general election shall be held on November 8, 2022, to elect the following city officers; One (1) Mayor and two (2) Aldermen, being Place 1 and Place 2, oft the  Texas; and  Election Code 791, Texas Gov'tCode. THE CITY OF CUMBY, TEXASTHAT:  City ofCumby, Texas; each to serve a term oft two (2) years.  Section 2. Filing Period: Candidates fort the above offices may: file their application beginning at 8:00 a.m. on July 23,2022 and shall file their applications no later than 5:00 p.m. on August 22, 2022. All candidates for the office to be filed in the election to be held on November 8, 2022, shall file their application to become candidates with the City Secretary of the City of Cumby, Texas on a form as Section 3. Drawing. The order in which the names ofthe candidates are to be printed on thel ballot shall be determined by a drawing conducted in accordance with Section 52.094 ofthe' Texas Election Code. Section 4. Ballots and Printed Materials. The ballots used for the election shall comply with the Texas Election Code and be on the form provided by the City to the Hopkins County Election Officer (the "Election Officer"): for use on the voting devices and ballots used by Hopkins County. The official ballots, together with such other election materials as are required by the Texas Election Code, as amended, shall be printed in both English and Spanish languages, and shall contain such provisions, markings, and Section 5. Joint Election. The City agrees to conduct a joint election with the political subdivisions designated by the Election Officer, provided that such political subdivisions hold an election  prescribed by thel Election Code oft the State ofTexas.  language as required by law.    on November 8, 2022, in all or part of the same territory as the City. The joint election for political subdivisions in Hopkins County will be conducted in accordance with state law, this resolution, and the Section 6. Conduct of] Election. The Election Officer and his/her employees and appointees, and the election judges, alternate judges and clerks properly appointed for the election, shall hold and conduct the election in the manner provided by the Election Services Contract and the law governing the holding of  contract for election services with Hopkins County ("Election Services Contract").  general elections by general law cities of the State ofTexas.  Section 7. Election Precinct and Polling Places. The election precincts for the election shall be the election precincts established by Hopkins County, provided that each shall contain and include geographic area that is within the City. Election Day voting shall be conducted at places, times, and locations authorized and required by state law and the Election Officer. The returns for the precincts in Hopkins County will be provided by the precinct, and the Election Officer shall tabulate and provide the election returns for the election. Any polling place may be changed by the Election Officer upon Section 8. Election Officer. The Election Officer is appointed to serve as the City's Election Officer, Joint Barly Voting Clerk and the. Joint Custodian of Records for precincts which may be affected, too conduct the City's election on November 8, 2022. Ast the City's Election Officer and Early Voting Clerk, thel Election Officer shall coordinate, supervise, and conduct alla aspects ofadministering votingi int the City's  compliance with state and federal law.  election in compliance with state law and the Election Services Contract.  Section 9. Early Voting. Early voting, both by personal appearance and by mail, will be conducted by the Election Officer in accordance with the Texas Election Code. Barly Voting by personal appearance shall be conducted at places, time, and locations authorized and required by state law and the Election Officer. Early voting shall commence on October 24, 2022 and continue through November 4, 2022. Early voting by City residents may be conducted at any Hopkins County early voting location and  any location exclusively designated by the Election Officer for City residents.  Section 10. Election Judges and Clerks. The presiding. judges, alternate presiding. judges, and clerks for the election shall bes selected and appointed by Hopkins County and its appointees in compliance with the requirements of state law, and such judges and clerks sO selected by Hopkins County and its appointees are hereby designated and appointed by the City Council as the election officers, judges, and clerks, respectively, for the holding of said general election. The presiding, judges, alternate presiding judges, and clerks shall perform the functions and duties of their respective positions that are provided by state law. The City Council will further confirm and appoint the election judges and alternate election  judges that are appointed by Hopkins County for the election.  Section 11. City Secretary. The City Secretary, or designee, is instructed to aid the Election Officer in the acquisition and furnishing of all election supplies and materials necessary to conduct the election as provided by the Election Services Contract. The City Secretary will serve as Regular Early Voting Clerk for the City to receive requests for applications for early voting ballots and forward those applications to the. Joint Early Voting Clerk. The City Secretary is further authorized to give or cause to be given notices required for the election and to take such other further action as is required to conduct the election in compliance with the Texas Election Code; provided that, pursuant to the Election Services Contract between Hopkins County and the City, the Election Officer shall have the duty and be responsibility for organizing and conducting the election in compliance with the Texas Election Code; and forj providing all services specified to be provided by the Election Services Contract. The Election Officer shall give the notices required by the Texas Election Code to be given for the election not required to be  given by the City under thel Election Services Contract.    Section 12. Notice of] Election. Notice ofthe election shall be given by posting a notice containing a substantial copy of this resolution on the bulletin board used for posting notices of meetings of the governing body at the City Hall and at the aforesaid election day polling places not later than the twenty- first (215) day before the election, and by publishing said Notice of Election at least one time, not earlier than thirty (30) days nor latert than ten (10) days prior to said election, in ai newspaper ofg general circulation within the City. The notice that is posted and the notice that is published in a newspaper of general  circulation within the City will be written inl both English and Spanish.  Section 13. General. The Election officer shall hold said election in accordance with the Texas Election Code and the Election Services Contract, and only resident qualified voters of said City shall be eligible to vote at said election. Returns of election shall be made known as soon as possible after the closing oft the polls; and the election returns shall be canvassed by the City Council not earlier than thet third day after the election (November 11, 2022), nor later than the eleventh day after the election (November  19, 2022).  Section 14. Effective Date: Election Code. This Resolution shall bei in full force and effect from and after its passage on the date shown below; provided that if any term or provision of this Resolution conflicts with, or is inconsistent with, the Texas Election Code, the Texas Election Code shall govern, and Section 15. Open Meetings. It is official found and determined that the meeting at which this Resolution is passed was open to the public as required and that public notice ofthei time, place, and purpose  control and the Election Officer shall comply with the Texas Election Code.  ofsaid meeting was given as required by Chapter 551, Texas Government Code.  PASSED AND APPROVED THIS 14TH DAY OF. JUNE: 2022.  Douglass Simmerman,  GAL  Mayor  Ryan! Horne, AG  Pro Tem & Alderman  Mayor  5  ak Amber Hardy, "sa  hrss Katherine Flinn, Alderman 2 Aly Dly  2%  Crocken Alderman4  Alderman 3  ATTEST:  APPROVED. ASTOFORM;  Prtiy ge NA A Betty. Jol Hardblan,"City Secretary  M7    1011  &  pP  RESOLUTION 2022-06-1012  Dat  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUMBY TEXAS AMENDING THE CITY OF CUMBY EMPLOYEE & POLICY MANUAL AS IT RELATESTO: CITYOF CUMBY PARTICIPATION WITHTEXAS MUNICIPAL 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 of Cumby 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. TheCity Council of 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-theT Texas Municipal Retirement System (TMRS), which provides retirement benefits to eligibleemployees. All regular full-time employees are required toj join TMRS. EMPLOYEES WILLBEBLIGBLE TOJOIN ONCETHEY COMPLETE THEIR PROBATION PERIOD. AND ARE CONFIRMED ASAFULL- 2. The City Council of the City of Cumby further, amends 3.3 RETIREMENI,Aion 3.3.1 to ensure that the City meets the TMRS provisions ofCity Matchingeontrbution; a. Employees covered under TMRS are requiredto contribute 5% of the employee's pay tot thei member's account. THECITY OF CUMBYMATCHES THE EMPLOYEE CONTRIBUTION BASED ON TMRS PLAN PROVISIONS WHICH AREUPDATED EACH YEAR BASED ON THEIR ACTUARIAL VALUATION. CITY OF CUMBY WILL UPDATE THEIR MATCH RATE AECORDING TO THE ANNUAL ASSESSMENT BY TMRS. 2022MATCH RATE IS 2.03% PER TMRS COMMUNICATION DATEDJUNE 4, 2021, REGARDING 2022 CITY CONTRIBUTION TRATE. 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-2022-06-1012  June 14, 2022  Pagelof3    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. EMPLOYBES 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. ANEMPLOYEE WORKS OVER THESTANDARD 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 BDUCATION / 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, UPTOAN EIGHT-HOUR WORKDAY EACH DAY IN AITENDANCE, 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. C. IF THE CLASS IS APPROVED BY SUPERVISOR /MAYOR, EXPENSES ASSOCIATED TO THE COST OF TRANING/CEATIECATON 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.  RESOLUTIONI R-2022-06-1012  June 14,2022  Page 2 of3    SECRETARY WILL WORK WITH STAFF TO DETERMINE THE MOST COST-EPFECTIVE. 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 the 14th day of  June, 2022.  Douglas Simmerman, Mayor  ATTESTED:  APROVED AS TOI FORM:  Betty Jo Hardman, City Secretary  Charles Anderson, City Attorney  RESOLUTION R-2022-06-1012  June 14, 2022  Page 3of3    City Secretary From: Sent: To: Subject:  City Secretary Friday, March 25, 20224:11PM Doug Simmerman  EMPLOYEE HANDBOOK- recommended /dwopelsee  Discussion/Action: City of Cumby Employee Handbook: sl period and is a full-time city employee. (City Secretary  o 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 a2 the employee contribution at a 1tolrate... " 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 a3 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 of40-hours when al holiday falls within.the-weky overtime will be paid for hours worked over 32 hours in that work week-7REFERENCE 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 1.51 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/y why this is done here at City of Cumby (?) Section 5.6 Emergenvyciosmgs: Define EsemtmrPersomne" Pelice-Depattment, The Employee Handbook does not address Education / Training. Add a section to Expenses related to raming/certification 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 but not limited to: Training class, meals, and hotel. Hotel will be paid ifthe 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.  sk  -ether(?) incorporate:  unless approved by the Mayor. The city will reimburse or direct for  s  pay  expenses incurred  A  1    on costoftravel, reimbursement willl be made: for thel lessor oftravel via employee personal Ifthe City bears the cost of training and an employee leaves the employment oft 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.  ge A AS  final payroll check.  Page 28, Item 10, last sentence, add: (. and City Secretary. .  Thank you, BJ (BettyJo) Hardmaw 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  secretary@cityofcumby.com  2    ORDINANCE 0-2022-06-012 01D REPEAL ORDINANCE97-5  DA  ANORDINANCE OF THE CITY OF CUMBY TEXAS ESTABLISHING CITY OF CUMBY PARK HOURS; REPEALING INCONSISTANT ORDINANCES, AND ESTABLISHING AI PENALTY AND AN EFFECTIVE DATE.  WHEREAS, the City ofCumby, Texas, determines it isi in 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 ofs such conflict. In the event ofa conflict ori inconsistency between this ordinance and any other code or ordinance oft the City, the terms and provisions ofthis 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 the hours of6:00 a.m. to 10:00 p.m., without a  toi regulate the hours and use of the Cumby City Park;  TEXAS:  written permit from the City of Cumby and signed by the Mayor.  SECTION3. Any person who shall violate any oft the provisions of this ordinance shall be deemed guilty ofa 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 AS TO FORM:  Betty Jo Hardman, City Secretary  Charles Anderson, City Attorney    ORDINANCE NO. 97-5 TO AMEND ORDINANCE NO. 82-A  us  DECLARING THE POLICY OF THE CITY OF CUMBYK PROHIBITING THE LOITERING ON THE CUMBY CITY PARK AND PIRêT BAPTIST CHURCH PARKING LOT AFTER 10:00 P.M. WITHOUT A PERMIT SIGNED BY THE MAYDR; PROVIDING FOR A PENALTY NOT EXCEEDING $200.00 AND WHEREAS, THEPOLICE DEPARTMENT HAS ADVISED THAT DURING THE PAST YEAR THERKHAVE BEEN NUMEROUS REPORTED CASES OF DRINKING BEERA PASSIBLE SMOKING OF MARIJUANA AND LOITERING, SOMETIMES LASTINGUNTIL AFTER MIDNIGHT. THERE HAVE ALSO WHEREAS THfs 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 ANDEIRSF-E 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 TOLOITER ON-GR-USE-TE CUMBY CITY PARK AFTER 10 P.M., WITHOUT A WRITTEN PERMIT FROM THE A) THERE WILERENO LOITERING AT FIRGF-BAPTIST CHURCH SECTION 2. TAEEYFEW PROVISIONS OF SECTION 1 OF THIS ORDINANCE SHALLAT 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 AND, UPON CONVICTION THEREOF, SHALL BE PUNISHED BY A FINE NOT TO EXCEED $200.00. SECTION 4. HEREAS, AN EMERGENCY IS SAFETY PRESERWATION OF ORDER, GOOD GOVERNAENT AND PUBLIC THAT REQMIRES THIS ORDINANCE TO BEPME)EFFECTIVE AT ONCE; AT LEAST THEREFORE, UPON PASSAGE OF THIS ORPINANOE BY A VOTE OF TWO/2) MEMBERS OF THE CITY COUNCIL,/IT SHALL BE EFFECTIVE FROMAKD AFTER THE DATE OF ITS AND PROVIDED BY IN THE CHARTER OF THE CITY PAGSAGE, OF CUMBY.    COURT COSTS. BEEN INSTANCES GROUNDS. PARK AND AUTOMORIAS PROPERFY; AND BAPFHT-CHURCN. NOW, THEREFORE:  clon pe - E   %  OF LEAVING BROKEN GLASS AND CANS ON THE  AND DESTRUCTION OF  CITY OF CUMBY AND SIGNED BY THE MAYOR.  Gmmunuty Lightlrua Bhr  AFTER 10,00 PM.  MISDEMEANOR IMMEDIATE  THE AS MADE 1997.  APPARNFOR  PASSED AND APPROVED THIS  MAYOR/ PaA4E S COMMISSIONER  -  Aty  Vhihhe  j  &  Aakis    ORDINANCE NO. 82-1p 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 PENALTY NOT EXCEEDINGE20LE 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; 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. WHEREAS, 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 10th DAY OF Febrgy_1982.  park grounds.  and destruction of property; and  NOW THEREFORE:  the City of Cumby.  Lames  MAYOR  ATPEST:    rhla    ORDINANCENO.0-2022-06-011 AMENDINGORDINANCE2016-05-011 AMENDING ORDINANCE2011-6 AMENDINGORDINANCE2005-7A  AN ORDINANCE REGULATING A DROUGHT CONTINGENCY PLAN FOR THE CITY OF CUMBY; PROHIBITING CERTAIN USES OF WATER PROVIDED TOTHE CITY'S WATER CUSTOMERS; PROVIDING A PENALTY FOR VIOLATION OF SAID ORDINANCE; REPEALING PROVISIONS OF PRIOR ORDINANCES IN CONFLICT THEREWITH; DECLARING AN EMERGENCY AND MAKING THIS ORDINANCE EFFECTIVE  MMEDIATELY.BEIFORDAINED BYTHE CITY OF CUMBY. SECTION1:DECLARATION OF POLICY,PURPOSE AND. INTENT.  IN ORDER TO CONSERVE THE AVAILABLE WATER SUPPLY AND PROTECT THE INTEGRITY OF WATER SUPPLY FACILITIES, WITHPARTICULAR REGARD FOR DOMESTIC WATER USE, SANITATION AND FIRE PROTECTION, AND TO PROTECT AND PRESERVE PUBLIC HEALTH, WELFARE AND SAFETY AND MINIMIZE THE ADVERSE IMPACTS OF WATER SUPPLY SHORTAGE OR OTHER WATER SUPPLY EMERGENCY CONDITIONS, THE CITY OF CUMBY HEREBY ADOPTS THE FOLLOWING REGULATIONS AND RESTRICTIONS WATER USES: REGULATED OR PROHIBITED UNDER THIS DROUGHTCONTINGENCY PLAN ARE CONSIDERED TO BE NON-ESSENTIAL AND CONTINUATION OF SUCH USES DURING TIMES OF WATER SHORTAGEOROTIER EMERGENCY WATER SUPPLY CONDITIONS ARE DEEMED TO CONSTITUTE A WASTE OF WATER WHICH SUBJECTS THE OFFENDERS)TO  ONTHE DELIVERY. AND CONSUMPTION OF WATER.  PENALTIES ASI DEFINEDI INSECTIONXOFTHIS PLAN.  SECTION I: PUBLICINVOLVEMENT  OPPORTUNITY FOR THE PUBLIC TO PROVIDE INPUT INTO THE PREPARATION OF THE PLANWASPROVIDEDBYTHECITY OF CUMBY BY MEANSOF A COUNCILMEETING.  SECTION I: PUBLICI EDUCATION  THE CITY OF CUMBY WILL PERIODICALLY PROVIDE THE PUBLIC WITH INFORMATION ABOUT THE PLAN, INCLUDING INFORMATION ABOUT THE CONDITIONS UNDER WHICH EACH STAGE OF THE PLAN IS TO BE INITIATED OR TERMINATED AND THE DROUGHT RESPONSE MEASURES TO BE IMPLEMENTED IN EACH STAGE. THIS INFORMATION WILL BE: PROVIDED BY MEANSO OF A MBETING,LETTER, PHONECALL OR FLIERS. SECTION VIII: CRITERIA FOR INITIATION AND TERMINATION OF DROUGHT THE MAYOR OR HIS/HER DESIGNEE SHALL MONITOR THE WATER SUPPLY AND/OR DEMAND CONDITIONS ON ADAILY: BASIS AND SHALLI DETERMINE WHEN CONDITIONS WARKANTINTTATION: OR IERMINATIONOFEACH STAGE OFT THE PLAN,THATIS, WHEN  RESPONSE STAGES  THE SPECIFIED TRIGGERS. ARE. REACHED.  1    SECTION: - IV: COORDINATION WITHTCEQ AND OTHER WATER PLANNING GROUPS. THE MAYOR OR HIS/HER DESIGNEE SHALL NOTIFY TCEQ OF ANY MANDATORY WATER USE RESTRICTION IMPOSED ON CUSTOMERS. THIS NOTICE, WHICH IS REQUIRED BY TCEQ RULES, MUST BE PROVIDED WITHIN FIVE WORKING DAYS OF THE DAY THE MANDATE WAS ISSUED. THE INITIATION AND CESSATION OF THESE RESTRICTIONS MUSTBE MADE KNOWN TO THE ICEODROUGIRTCORDNATDRAT3D23A0S.  SECTION V: AUTHORIZATION  THE MAYOR OR HIS/HER DESIGNEE IS HEREBY AUTHORIZED AND DIRECTED TO IMPLEMENTTHE APPLICABLE PROVISIONS OF THIS PLAN UPON DETERMINATIONTHAT SUCH IMPLEMENTATION IS NECESSARY TO PROTECT PUBLIC HEALTH, SAFETY AND WBLFARE. THE MAYOR OR HIS/HER DESIGNEE, SHALL HAVE THE AUTHORITY TO INITIATE OR TERMINATE DROUGHTOR OTHER WATER SUPPLY EMERGENCY RESPONSE  MEASURES ASDESCRIBEDIN: THEE PLAN. SECTION VI: APPLICATION  THE PROVISIONS OF THIS PLAN SHALL APPLY TO ALL PERSONS, CUSTOMERS AND PROPERTY UTILIZING WATER PROVIDED BY THE CITY OF CUMBY. THE TERM "PERSON" AND "CUSTOMER" AS USED IN THE PLAN INCLUDE INDIVIDUALS, CORPORATIONS,  ARINERSHIPS,ASSOCIATESAND: ALL OTHER LEGAL ENTITIES.  SECTION VII: DEFINITIONS  FOR THE PURPOSE OF THIS PLAN, THE FOLLOWING DEFINITIONS SHALL. APPLY: AESTHETIC WATER USE: WATER USE FOR ORNAMENTAL OR DECORATIVE PURPOSES COMMERCIAL AND INSTITUTIONAL WATER USE: WATER USE WHICH IS INTEGRALTO THE OPERATIONS OF COMMERCIAL AND NON-PROFIT ESTABLISHMENTS AND GOVERNMENTAL ENTITIES SUCH AS RETAIL ESTABLISHMENIS, HOTELS AND MOTELS, CONSERVATION: THOSE PRACTICES, TECHNIQUES AND TECHNOLOGIES THAT: REDUCE THE CONSUMPTION OF WATER, REDUCE THE. LOSS OR WASTE OF WATER, IMPROVE THE EFFICIENCY IN THE USE OF WATER OR INCREASE THE RECYCLING AND REUSE OF WATER SO THAT A SUPPLY IS CONSERVED AND MADE AVAILABLE FOR FUTURE OR CUSTOMER: ANY PERSON, COMPANY OR ORGANIZATION USING WATER SUPPLIED BY DOMESTIC WATER USE: WATER USE FOR PERSONAL NEEDS OR FOR HOUSEHOLD OR SANITARY PURPOSES: SUCH ASDRINKING, BATHING,HEATING, COOKING, SANITATION OR: FOR CLEANING Al RESIDENCE, BUSINESS, INDUSTRY ORINSTITUTION.  SUCHASFOUNTAINS, REFLECTING POOLSAND WATER GARDENS.  RESTAURANTS. ANDO OFFICE BUILDINGS.  ALTERNATIVEUSES. THE CITY OF CUMBY.  2    EVEN NUMBER ADDRESS: STREET ADDRESS, BOX: NUMBERS OR RURAL POSTAL ROUTE ODD NUMBER ADDRESS: STREET ADDRESS, BOX NUMBERS OR RURAL POSTAL ROUTE INDUSTRIAL WATER USE: THE USE OF WATER IN PROCESSES DESIGNED TO CONVERT MATERIALS OFLOWER VALUEINTO FORMS HAVING GREATER USABILITY ANDVALUE. LANDSCAPE IRRIGATION USE: WATER USED FOR THE IRRIGATION AND MAINTENANCE OF LANDSCAPED AREAS, WHETHER PUBLICLY OR PRIVATELY OWNED, INCLUDING RESIDENTIAL AND COMMERCIAL LAWNS, GARDENS, GOLF COURSES, PARKS AND NON-ESSENTIAL WATER USE: WATER USES THAT ARE NOT ESSENTIAL NOR REQUIRED FORTHE PROTECTION OFI FUBLICHEALTISAFETY AND WELFARE, INCLUDING: GOLFCOURSES, EXCEPTOTHERWISE PROVIDED UNDER THIS PLAN;  NUMBERS ENDINGI IN0246BANDLOCATONS WITHOUTADDRESSES.  NUMBERS ENDINGIN13579.  RIGHT-OF-WAYANDMEDIANS.  (a) IRKIGATONOFLANDSCAPEAREAS, INCLUDINGPARASATAILETICFIELDSAND (b) USE OF WATER TO WASH ANY MOTOR VEHICLE, MOTORBIKE, BOAT, TRAILER, (c) USE OF WATER TO WASH DOWN ANY SIDEWALKS, WALKWAYS, DRIVEWAYS, (d) USE OF WATER TO WASH DOWN BUILDINGS OR STRUCTURES FOR PURPOSES (e). FLUSHING GUTTERS OR PERMITTING WATER TO RUNORACCUMULATE IN ANY (f) USE OF WATER TO FILL, REFILL OR ADD TO ANY INDOOR OR OUTDOOR (g) USE OF WATER INA: FOUNTAIN ORI POND: FOR. AESTHETICOR SCENICPURPOSES (h) FAILURETO! REPAIRACONTROLLABLELEAK. (s) WITHINA REASONABLE PERIOD. AFTER HAVING BEENGIVENNOTICE DIRECTINGTHE REPAIR OFSUCH LEAK(s); () USE OF WATER FROM HYDRANTS FOR CONSTRUCTION PURPOSES OR ANY THE TRIGGERING CRITERIA DESCRIBED BELOW AREI BASED ONSTAISICALANALYSIS  AIRPLANE OR OTHER VEHICLE;  PARKINGLOTS, TENNISCOURIS, OR OTHER HARD-SURFACEDAREAS:  OTHER THAN IMMEDIATE FIREI PROTECTION;  GUTTER ORSTREET;  SWIMMING OSOBACIZA-TTErOOLS  EACETVIERENACESAYIDDSUPOATAQUATCUR:  AND  OTHER PURPOSES OTHER THAN: FIREFIGHTING. OF AVAILABLE WATERI FOR WATER USAGE.  STAGEITRIGGERS-MILD WATER SHORTAGE CONDITIONS  REQUIREMENTS FOR INITIATION: CUSTOMERS SHALL BE: REQUIRED TO VOLUNTARILY CONSERVE WATER AND ADHERE TO THE PRESCRIBED RESTRICTIONS ON CERTAIN WATER USES, DEFINED IN SECTION VII- DEFINITIONS, ANNUALLY MAY 1 THROUGH REQUIREMENTS FOR TERMINATION: STAGE 1 OF THE PLAN MAY BE: RESCINDED AFTER  SBPTEMBER 30. SEPTEMBER 30.  3    STAGEZTRIGGERS-MODERATE WATER SHORTAGE CONDITIONS  REQUIREMENTS FOR INITIATION: CUSTOMERS SHALL BE REQUIRED TO COMPLY WITH THE REQUIREMENTS AND RESTRICTIONS ON CERTAIN NON-ESSENTIAL WATER USES PROVIDED IN SECTION IX OF THIS PLAN WITH A 20% DECREASE IN THE AVERAGE REQUIREMENTS FOR TERMINATION: STAGE 2 OF THE PLAN MAY BE RESCINDED WHEN ALLOF THE CONDITIONSLISTED ASTRIGGERINGEVENTSHAVECEASED TO EXISTI FOR A PERIOD OF 24 HOURS. UPON TERMINATION OF STAGE 2, STAGE 1 BECOMES  WATER VOLUME PUMPED.  OPERATIVE.  STAGESTRICGERS-SEVERE WATERSHORTAGE CONDITIONS  REQUIREMENTS FOR INITIATION: CUSTOMERS SHALL BE REQUIRED TO COMPLY WITH THE REQUIREMENTS AND RESTRICTIONS ON CERTAIN NON-ESSENTIAL WATER USES FOR STAGE3OFTHIS PLAN WITH. A OADECREASEINTHE AVERAGE WATER PUMPED. REQUIREMENTS FOR TERMINATION: STAGE 3 OF THE PLAN MAY BE RESCINDED WHEN ALLO OF THE CONDITIONSLISTED, ASTRIGGERING EVENTS HAVE CEASED TO EXISTFOR A PERIOD OF 2 CONSECUTIVE DAYS. UPON TERMINATION OF STAGE 3, STAGE 2  BECOMESOPERATIVE  STAGB4TRIGGERSGERS-CRITICAL WATER SHORTAGECONDITIONS  REQUIREMENTS FOR INITIATION: CUSTOMERS SHALL BE REQUIRED TO COMPLY WITH THE REQUIREMENTS AND RESTRICTIONS ON CERTAIN NON-ESSENTIAL WATER USES FORSTAGE 40FTHIS PLAN WITH. A 40% DECREASE INAVERAGEWATER PUMPED. REQUIREMENTS FOR TERMINATION: STAGE 4 OF THE PLAN MAY BE RESCINDED WHEN ALL OF THE CONDITIONS LISTED ASTRIGGERING EVENTSHAVECEASED TO EXIST FOR A PERIOD OF 2 CONSECUTIVE DAYS. UPON TERMINATION OF STAGE 4, STAGE 3  BECOMES OPERATIVE.  STAGESTRIGGERS-EMERGERGENCYWATERSHORTAGE CONDITIONS  REQUIREMENTS FORINITIATION: CUSTOMERS SHALL BE REQUIRED TO COMPLY WITH THE REQUIREMENTS ANDRESTRICTIONS FORSTAGESOF THISE PLAN WHEN THE MAYOR, OR HIS/HER DESIGNEE, DETERMINES THAT A WATER SUPPLY EMERGENCY EXISTS 1) MAJOR WATER LINE BREAKS, OR PUMP(s) OR SYSTEM FAILURES OCCUR, WHICH CAUSE UNPRECEDENTED LOSSOFCAPABILITY TO PROVIDE WATER SERVICE;OR 2)NATURAL OR: MAN-MADECONTAMINATION OF WATER SUPPLY SOURCE(s). REQUIREMENTS FOR TERMINATION: STAGE 5 OF THE PLAN MAY BE RESCINDED WHEN ALLOF THE CONDITIONS LISTED. ASTRIGGERING EVENTS HAVE CEASED TO EXISTE FOR  BASED ON:  A PERIODOF2CONSECUTIVEDAYS.  4    SECTION IX: DROUGHTI RESPONSESTAGES  THE MAYOR OR HIS/HER DESIGNEE, SHALL MONITOR THE WATER SUPPLY AND/OR DEMANDCONDIIONS ON A DAILY: BASIS. AND, INACCORDANCE WITITHETRIGGERING CRITERIA SET FORTH IN SECTION VIII OF THIS PLAN, SHALL DETERMINE THAT. A MILD, MODERATE, SEVERE, CRITICAL, EMERGENCY OR WATER SHORTAGE CONDITIONEXISTS NOTIFICATION OF THE PUBLIC: THE MAYOR OR HIS/HER DESIGNEE SHALL NOTIFY THE  AND SHALLIMPLEMENTTE FOLLOWING NOTIFICATION: PROCEDURES:  PUBLICBY! MEANSOFONE ORMORE OF THE FOLLOWING:  PUBLIC SERVICE. ANNOUNCEMENTS  TAKE-HOME) FLIERS PHONE CALLS  ADDITIONAL NOTIFICATION: THE MAYOR OR HIS/HER DESIGNEE SHALL NOTIFY DIRECTLY, OR CAUSE TO BE: NOTIFIED DIRECTLY, THE FOLLOWINGINDIVIDUALSAND  ENTITIES: MAYOR FIRE CHIEF TCEQ MAJOR WATER USERS PUBLICFACILITY MANAGERS SCHOOL  STAGEIRESPONSE -I MILD WATER SHORTAGE CONDITIONS  GOAL:ACHIEVE. A VOLUNTARY20)AREDUCTIONINTHE DAILY. AVERAGE TOTAL SUPPLY MANAGEMENT MEASURES: REDUCE OR DISCONTINUE FLUSHING OF WATER  WATER DEMAND.  MAINS. AND. FIREHYDRANTS.  VOLUNTARY WATER USE: RESTRICTIONS:  (a) CUSTOMERS ARE REQUESTED TO VOLUNTARILY LIMIT THE IRRIGATION OF LANDSCAPED AREAS TO SUNDAYS AND THURSDAYS FOR CUSTOMERS WITH A STREET ADDRESS ENDINGIN/ ANE EVENNUMBER 02468)ANDSATURDAYSAND WEDNESDAYS FOR WATER CUSTOMERS WITH A STREET ADDRESS ENDING IN AN ODD NUMBER (1,3,5,7,9), AND TO IRRIGATE LANDSCAPES ONLY BETWEEN THE HOURS OF 8:00p.m.TO MIDNIGHT(200am) AND 6:00 a.m. TO 9:00 a.m. ON DESIGNATED WATERINGDAYS.  (b) ALLOPERATIONS OF THE CITY OF CUMBYSHALLA ADHERETO WATER USE (c) WATER CUSTOMERS ARE REQUESTED TO PRACTICE WATER CONSERVATIONS ANDTO: MINIMIZEOR DISCONTINUE WATER USE FORNON-ESSENTIALPURPOSES.  RESTRICTIONS PRESCRIBED FOR STAGE20FTHE PLAN.  5    STAGE2RESPONSE- MODERATE WATERSHORTAGECONDITIONS  GOAL:. ACHIEVE. A VOLUNTARY3090EDUCTION IN THEI DAILYA AVERAGETOTALWATER SUPPLY MANAGEMENT MEASURES: REDUCE OR DISCONTINUE FLUSHING OF WATER MAINS, REDUCED OR DISCONTINUEDIRRIGATIONOF PUBLICLANDSCAPEDAREAS; WATER USE RESTRICTIONS:UNDERTHREATOFPENALTYFOR VIOLATION, THE. FOLLOWING WATER USE RESTRICTIONS SHALL APPLYTOALLPERSONS: A) IRRIGATION OF LANDSCAPED AREAS WITH HOSE-END SPRINKLERS OR AUTOMATICIICIRRIGATIONSYSTEMS SHALLBELIMITEDTO WEDNESDAYS AND SATURDAYS FOR WATER CUSTOMERS WITH A STREET ADDRESS ENDING IN AN ODD NUMBER (1,3,5,7,9), AND SUNDAYS AND THURSDAYS FOR CUSTOMERS WITH A STREET ADDRESS ENDING IN AN EVEN NUMBER (0,2,4,6,8), AND IRRIGATION OF LANDSCAPED AREAS IS FURTHER LIMITED TO THE HOURS OF 8:00 p.m. - 8:00 a.m. ON DESIGNATED WATERING DAYS. HOWEVER, IRRIGATION OF LANDSCAPED AREAS IS PERMITTED AT ANYIMEIFITISBY MEANSOF. A HAND-HBLD HOSE,A FAUCET FILLED BUCKET OR WATERING CANOFFIVE(S) GALLONS OR LESS, ORDRIP IRRIGATION SYSTEM. B) USE OF WATER TO WASH ANY MOTOR VEHICLE, MOTORBIKE, BOAT, TRAILER, AIRPLANE OR OTHER VEHICLE. IS PROHIBITED EXCEPTONI DESIGNATED WATERING DAYS: BETWEENTHE HOURS OF 8:00 p.m. AND 8:00 a.m. SUCH WASHING, WHEN ALLOWED, SHALL BEI DONE WITH A HAND-HELD BUCKETOR A HAND -HELD HOSE EQUIPPED WITH A POSITIVE SHUTOFF. NOZZLE FOR QUICK RINSES. VEHICLE WASHINGMAY BEI DONE AT ANY TIME ON THE IMMEDIATE PREMISES OF A COMMERCIAL CARWASH OR COMMERCIAL SERVICE STATION. FURTHER, SUCH WASHING MAY BE EXEMPTED FROM THESE REGULATIONS IF THE HEALTH, SAFETY AND WELFARE OF THE PUBLIC IS CONTINGENT UPON FREQUENT VEHICLE CLEANING, SUCH AS GARBAGE TRUCKS AND  DEMAND.  VEHICLES USED' TO TRANSPORTFOOD AND PERISHABLES.  C) USE OF WATER TO FILL, REFILL OR ADD TO ANY INDOOR OR OUTDOOR SWIMMING POOLS, WADINGPOOIS,ORJACUZZI-TYPE POOLS IS PROHIBITED EXCEPTON DESIGNATED WATERINGDAYS BETWEENTHE) HOURS OF 8:00 p.m. - 8:00a.m.  D) OPERATION OF ANY ORNAMENTAL FOUNTAIN OR POND FOR AESTHETIC OR SCENIC PURPOSES IS PROHIBITED EXCEPT WHERE NECESSARY TO SUPPORT AQUATIC LIFEOR WHERE! SUCHI FOUNTAINS OR PONDS ARE EQUIPPED WITH A RECIRCULATION  SYSTEM.  E) USE OF WATER FROM HYDRANTS SHALL BE LIMITED TO FIREFIGHTING, RELATED. ACTIVITIES, OROTHER ACTIVITIES: NECESSARYTOMAINTAIN PUBLIC HEALTH, SAFETY, AND WELFARE, EXCEPT THAT USE OF WATER FROM DESIGNATED FIREHYDRANTS FOR CONSTRUCTION PURPOSES! MAY BE ALLOWED UNDER SPECIAL  PERMIT FROMTHE CITY OF CUMBY.  F)USEOF WATER FOR THE IRRIGATIONOFPARKSBALLFIELDSOF: ANY TYPE) ISPROHIBITED: EXCEPTON. DESIGNATED WATERING. DAYS. BETWEEN THEHOURSOFS:00 p.m. AND 8:00 a.m. HOWEVER, IF THE PARKS UTILIZE A WATER SOURCE OTHER THAN    THAT PROVIDED BY THE CITY OF CUMBY, THE FACILITY SHALL NOT BE SUBJECTTO  THESE. REGULATIONS.  OALLRESTAURANIS ARE) PROHIBITED FROMS SERVING WATERT TO PATRONS H) THE FOLLOWING USES OF WATER. ARE DEFINED AS NON-ESSENTIAL AND ARE 1) WASH DOWN OF ANY SIDWALKS, WALKWAYS, DRIVEWAYS, PARKING LOTS, 2) USE OF WATER TO WASH! DOWNBUILDINGSORSTRUCTURESFOR PURPOSES 4)FLUSHING OF GUTTERS OR PERMITING WATER TO RUNOR ACCUMULATEIN 5)FAILURET TOI REPAIR A CONTROLLABLABLELEAK(S) WITHIN A REASONABLEPERIOD AFTER HAVING BEEN GIVENNOTICEICEDIRECTING THE REPAIR OFSUCHLEAKG).  EXCEPTUPON REQUESTOF THE PATRON.  PROHIBITED:  TENNISC COURTS, OR OTHER HARD-SURFACED/ AREAS; OTHER THAN IMMEDIATE: FIREI PROTECTION; 3) USE OF WATER FOR DUST CONTROL; ANY GUTTER OR STREET; AND  STAGE3RESPONSE-SEVERE WATER: SHORTAGE CONDITIONS  GOAL:ACHIEVE. A VOLUNTARY409REDUCTION: IN' THEI DAILY AVERAGETOTALWATER SUPPLY MANAGEMENT MEASURES: REDUCE OR DISCONTINUE FLUSHING OF WATER MAINS, REDUCEDORI DISCONTINUEDIRRIGATONOPUBLCLANDSCAPEDAREAS: WATER USE RESTRICTIONS- ALL REQUIREMENTS OF STAGE 2 SHALL REMAIN IN EFFECT: DURING STAGE3 WITHTHE EXCEPTION OF WATERING HOURS. THESTAGE 31 HOURS SHALL BE: WEDNESDAYS FOR WATER CUSTOMERS WITH A STREET ADDRESS ENDING IN AN ODD NUMBER (1,3,5,7,9), AND THURSDAYS FOR CUSTOMERS WITH A STREET ADDRESS ENDING! PAAOAPAAMANONE HOURS OF 8:00 p.m.  DEMAND.  12:00a.m. ONI DESIGNATED WATERINGDAYS.  STAGE4RESPONSE: - CRITICAL WATER SHORTAGE CONDITIONS  GOAL:ACHIEVE A VOLUNTARYSOAREDUCTIONINTHE DAILY AVERAGE TOTAL WATER SUPPLYMANAGEMENTMEASURES: NOINSTALLATION: OF NEW WATER TAPS. WATER USE RSTRICTIONS-ALLREQUIREMENTSA OF STAGEZAND3SHALLREMAIN IN EFFECT DURING STAGE 4 WITH THE EXCEPTION OF WATERING HOURS. THE STAGE4HOURS SHALL BE: NOOUTSIDE WATERING WILL BE ALLOWED. HOWEVER, WATERING ISPERMITTEDAT ANYTIME IF ITI IS BY MEANS OF A HAND-HELD HOSE, A FAUCETFILLED BUCKET OR WATERING CAN OF FIVE( (5) GALLONS OR LESS, ORDRIP  DEMAND.  IRKIGATIONSYSTEMA  7    STAGESRESPONSE- EMERGENCYWATERSHORTAGECONDITIONS GOAL:ACHIEVE A VOLUNTARY6094DUCTION, INTREDAILYAVERAGE TOTAL SUPPLY MANAGEMENT MEASURES: THE CITY OF CUMBY WILL DISCONTINUE THE FLUSHING OF WATER MAINS, DISCONTINUE IRRIGATION OF PUBLIC LANDSCAPED AREAS, AND WILL PROCURE WATER FROM SULPHUR SPRINGS AND/OR CASH WATER  WATER DEMAND.  SUPPLY.  WATER USE: RESTRICTIONS- ALLI REQUIREMENTS OFSTAGEZ,JAND4 SHALL REMAIN. INJ EFFECTDURINGSTAGESWITHTHE EXCEPTIONOF WATERING  HOURS. NOOUTSIDE WATERING WILLBE4 ALLOWED.  SECTION X: ENFORCEMENT  (A)NO PERSON SHALL KNOWINGLY OR INTENTIONALLY ALLOW THE USE OF WATER FROM THE CITY OF CUMBY FOR RESIDENTIAL, COMMERCIAL, INDUSTRIAL, AGRICULTURAL GOVERNMENTAL, ORANY OTHERPURPOSEINAMANNER CONTRARY TO ANY PROVISION OF THIS PLAN, OR IN AN AMOUNTIN EXCESS OF THATI PERMITTED BY THE DROUGHT RESPONSE STAGE IN EFFECT AT THE TIME PURSUANT TO ACTION TAKEN BY THE MAYOR, OR HIS/HER DESIGNEE, IN ACCORDANCE WITH PROVISIONS OF  THIS PLAN.  (B) ANY PERSON WHO VIOLATES THIS PLAN IS GUILTY OF A MISDEMEANOR AND UPONCONVICTIONSHALLBE. PUNISHEDBY, A FINE OFNOTLESSTHAN $100.00. AND NOT MORETHAN $200.00 EACHI DAYTHAT ONE ORI MORE OF THE: PROVISIONS! IN' THIS: PLANIS VIOLATED SHALL CONSTITUTE A SEPARATE OFFENSE. IF A PERSON IS CONVICTED OF THREE OR MORE DISTINCT VIOLATIONS OF THIS PLAN, THE MAYOR SHALL, UPON DUE NOTICETO THE CUSTOMER, BE. AUTHORIZED TOI DISCONTINUE WATER SERVICETO THE PREMISES WHERE SUCH VIOLATIONS OCCUR. SERVICE DISCONTINUED UNDER SUCH CIRCUMSTANCES SHALL BE RESTORED ONLY UPON PAYMENT OF A RECONNECTION CHARGE, HEREBYESTABLISHEDATS25.00, ORI MOREAND: ANY OTHER COSTS INCURRED BY THE CITY OF CUMBY IN DISCONTINUING SERVICE. IN ADDITION, SUITABLE ASSURANCE MUST BE GIVEN TO THE MAYOR THATTHE SAME ACTION SHALL NOT BE REPEATED WHILETHE: PLANIS IN EFFECT. COMPLIANCE WITHTHIS PLAN: MAYA ALSOI BE  SOUGHTTHROUGH INJUNCTIVE! RELIEFIN' THEDISTRICTCOURT:  (C) ANY PERSON, INCLUDING A PERSON CLASSIFIED AS A WATER CUSTOMER OF THE CITY OF CUMBY, IN APPARENT CONTROL OF THE PROPERTY WHERE A VIOLATION OCCURSOR ORIGINATES SHALL BEI PRESUMED TOBETHE VIOLATOR, AND PROOF THAT THE VIOLATION OCCURRED ON THE PERSON'S PROPERTY SHALL CONSTITUTE A REBUTTABLE PRESUMPTION THAT THE PERSON IN APPARENT CONTROL OF THE PROPERTY COMMITTED THE VIOLATION, BUT ANY SUCH PERSON SHALL HAVE THE RIGHT TO SHOW THATHE/SHE DID NOT COMMIT THE VIOLATION. PARENTS SHALL BE PRESUMED TO BE RESPONSIBLE FOR VIOLATIONS OF THEIR MINOR CHILDREN AND PROOFTHAT. A VIOLATION, COMMITTED BY. A CHILD, OCCURRED ON PROPERTY WITHIN THE PARENTS; CONTROL SHALL CONSTITUTE A REBUTTABLE PRESUMPTION THATTHE PARENT COMMITTED THE VIOLATION, BUT ANY SUCH PARENT MAY BE EXCUSED IF HE/SHE PROVESTHATHESHEHADPREVIOUSLYDIRECTED THE CHILD NOTTO USE THE  8    WATER AS IT WAS USED IN VIOLATION OF THIS PLAN AND THAT THE PARENT COULD  NOTHAVEREASONABLY KNOWNOFTHEVIOLATION.  (D) ANY EMPLOYEE OF THE CITY OF CUMBY, POLICE OFFICER, OR OTHER EMPLOYEE DESIGNATED BY THE MAYOR MAY ISSUE A CITATION TO. A PERSON HE/SHE REASONABLY BELIEVES TO BE IN VIOLATION OF THIS ORDINANCE. THE CITATION SHALLI BE] PREPARED INI DUPLICATE AND SHALLCONTAINTHE NAME. AND ADDRESS OF THE ALLEGED VIOLATOR, IF KNOWN, THE OFFENSE CHARGED, AND SHALL DIRECT HIM/HER TO APPEAR. INTHEMUNICIPAL COURTONTHEDATE SHOWNON' THE CITATION FOR WHICH THE DATE SHALL NOT BE LESS THAN 3 DAYS NOR MORE THAN 5 DAYS FROM THE DATE THE CITATION WAS ISSUED. THE ALLEGED VIOLATOR SHALL BE SERVED A COPY OF THE CITATION. SERVICE OF THE CITATION SHALL BE COMPLETE UPON DELIVERY OF THE CITATION TO BE ALLEGED VIOLATOR, TO AN AGENT OR EMPLOYEE OF A VIOLATOR, OR TO A PERSON OVER 14 YEARS OF AGE WHO IS A MEMBER OF THE VOILATOR'S IMMEDIATE FAMILY OR IS A RESIDENT OF THE VIOLATOR'S RESIDENCE. THE ALLEGED VIOLATOR SHALL APPEAR IN MUNICIPAL COURT TO ENTER A PLEA OF GUILTY OR NOT GUILTY FOR THE VIOLATION OF THIS PLAN.. IFTHE. ALLEGED VIOLATORI FAILSTO APPEAR INMUNICIPAL COURT, A WARRANT FOR: HSAEARRESTMAYBE: SSUED.ASUMMONSTOAPPEAR MAYI BE ISSUED INLIEU OF AN ARREST WARRANT. THESE CASES SHALL BE EXPEDITED AND GIVEN PREFERENTIAL SETTING IN MUNICIPAL COURT BEFORE ALL OTHER CASES. THE FINE IF ANY SECTION, SENTENCE, CLAUSE OR PHRASE OF THIS ORDINANCE IS FOR ANY REASON HELD TO BE ILLEGAL, ULTRA VIRES OR UNCONSTTUTIONALZ SUCH INVALIDITY SHALL NOT AFFECTTHE VALIDITY OF THE REMAINING PORTIONS OF THIS  HALLNOTEXCEED $500.00 FOR. EACH VIOLATION.  ORDINANCE.  PASSED AND. APPROVED THIS14TH DAYOF. JUNE2 2022.  Douglass  Mayor  pAE  ATTEST:  Degotr emas Betty. Jo Hapfban, City Secretary  APPPVEDASTgPORYE  Charles  ZL  9