AGENDA OFTHE CITY COUNCILOF CUMBY, TEXAS  NOTICE OF REGULAR MEETING  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 May 10, 2022, at 6:30 p.m., Ifthe public desires to speak during a specific agenda item, they must email srtppeipolumboycon by 4:00 pm on the day oft the meeting. The email must contain the person's name, address, phone number, and the agenda item(s) for which comments will be made. You may also communicate and send your comments to the City Councilmembers directly by email: aldermanQcityofcumby.com; emmaspotouniyses lderman4@cityofcumby.com; umoyalemm@ymalcemn, The meeting agenda and agenda packet are posted online at psypww.cipoleumeycom/mdexaintm.  at 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." 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 that ify you wish to speak that you follow guidelines posted at the bottom ofthis Agenda.  Melanie Seely: Recommendation to add something to city! hall after-hours answer message  tocall "911"toi reach dispatch or Hopkins County.  5. CITY COUNCIL COMMENTS  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 ofCommunity Interest" include items posted at the bottom ofthis Agenda  May30.2022, is Memorial Day and City Hall willl be closed  6. 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 will be removed from the consent agenda and will 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  Pagc 113    7. EXECUTIVE SESSION:  7.1. Ina 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: S 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)  8. RECONVENE INTO OPEN SESSION:  8.1. In accordance with Texas Government Code, Chapter 551, the City Council will reconvene into Regular Session to consider action, ifa any, on matters discussed in  Executive Session. 9. OLD BUSINESS Crocker)  9.1. Disceussion/Action: Resolution R-2022-05-1008 Appointing an Auditor for the City (Alderman 9.2. Discussion/Action: Resolution R-2022-05-1009 Amending Resolution No. 001-2014 A Resolution of the City Council of 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 9.3. Discussion/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 9.4. Discussion: Status of Payment plan for IRS outstanding past due amount of $16,698.78 (City  Investment Officer for City of Cumby (Mayor Simmerman) Permit Clause. (City Secretary/Mayor Doug Simmerman)  Secretary) 10. NEW BUSINESS  10.Discussion/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 10,2.Discussion: AVR billing system; more specifically the current Ordinance forrates and what AVR currently hasi in our billing system and what we: need to dot to correct this issue. (AldermanLackey) 103.Discusion/Action: Ordinance No. 2022-05-006 - An Ordinance amending trash rates, water and wastewater tap fees for City ofCumby Utility customers. (Mayor Simmerman) 10.4. Discussion/Action: Responsibility and Role of City Secretary (City Secretary & Mayor Simmerman) Roles and responsibilities assigned to City Secretary and discussion of how the Council/Mayor would advise priorities and scheduling 105.Discussion/Action: Ordinance 0-2022-05-007 Amending Ordinance 2020-12-01 Amending Bank Signatures (City Secretary / Mayor Simmerman) 106Discussion/Action: Ordinance 0-2022-05-008 Amending Ordinance 2020-12-01 - Amending Financial Institution Processes (City Secretary / Mayor Simmerman) 10.7.Discussion: Appointment of Municipal Judge for City ofCumby (Alderman! Lackey)  two companies that provide codification services.) (Alderman Crocker)  May 10.2022  Pagc213    10.8.] 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  services. (Alderman Lackey)  11. ADJOURNMENT  Executive Sessions Authorized: This agenda has been reviewed: and approved by the City's legal counsel and the presence of any subject in any Executive Session portion oft the agenda constitutes: a written interpretation OfTEX. GOV'T CODE CHAPTER 551 by legal counsel for the governmental body and constitutes an opinion by the attorney that the items discussed therein may be legally discussed in the closed portion oft the meeting considering available opinions ofac court ofr record and opinions oft the Texas Attorney General known tot the attorney. This provision hasb been addedt tot thisa agenda with thei intentt to meet all elements necessary tosatisfy TEX. GOYTCODESSL1440: andt the meetingi is conducted by all participants inj reliance ont this opinion. The Council may vote and/or act upon each oft thei items set out ini this agenda. In addition, the city Council for the City ofCumby has the right to adjoum into executive session at any time during the course of this meeting to discuss any matter authorized by Texas Government Code Sections 551.071 (Consultation with Attorey); 551.072 (Deliberations related to Real Property); 551.073 (Deliberations related top 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 Offcials-NOTICEC OFI FOTENTIALQUORUM: Itisa 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. Noticei ist hereby given thatt thei meeting, tot the extent required by law, is also notices as a meeting of the other boards, commissions and/or committees of the City, whose members may be in attendance. The members of the boards, commissions and/or committees may participate in discussions on the same: items listed on the agenda, which occur at the meeting, but no action 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.  Development: negotiations).  Presentation by Citizens Guidelines:  Thel Mayor will recognize those citizens whol have signed up prior tot the start oft the meeting. Pursuant tol Resolution No. 2020-12 Citizens are given threer minutes (3:00) tos speak during Presentation by Citizens." Members of the public may only speak once and cannot pass thei individual'st time allotment to someone else. Direct your comments to the entire Council, not to ani individual member. Showt the Council members thes same respect and courtesy that you expect to be shown to) you. The Mayor will rule any disruptive behavior, including shouting or derogatory statements or comments, out of order. Continuation of this type of behavior could resulti ina a request by the Mayor that the individual leave the meeting, andi 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. (Attomey General Opinion - JC0169)  City Council Comment Guidelines:  Expressions oft thanks, congratulations, or condolences. Information regarding holiday schedules salutary recognition for purposes oft 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 the public health and safety ofp people in the municipality or  Ar reminder about an upcoming event organized or sponsored by the governing body. than the governing body or an official or employee of the municipality or county; and  county that has arisen after posting of the agenda.  CERTIFICATE:  ytity that the above Notice of Meeting was posted on the City Hall bulletin board on May6, convenient and readily accessible to the general public at all times, and to the city's wwwciyofeumby.com, in compliance with Chapter 551,Texas Government Code.  9 farlma (Betty Jol Hardman,  balf  City Secretary Pagc313    MINUTES REGULAR MEETING OFTHE CITY COUNCIL APRIL 12, 2022  1. CALLMEETING TO ORDER - Mayor Simmerman called the meeting to order @ 6:30pm 2. PLEDGE OF ALLEGIANCE AND INVOCATION was led by Mayor Simmerman and Ms.  Diedre miples - respectively.  3. ROLL CALL & QUORUM REPORT: Attending the meeting were:  Mayor Doug Simmerman Alderman 3: Wayne Mobley A quorum was established. 4. PRESENTATION BY CITIZENS  Mayor Pro Tem & Alderman 5: Ryan Horne  (Holdover) Alderman 1: Shery Lackey (Holdover) Alderman 2: Amber Hardy  Alderman 4: Aly Crocker  Angela Lee spoke regarding Building Permits: as we go forward and see the growth oft the town; she would like to see homeowners having a choice ofv what they do tot their homes & properties and  that the permitting process not be to overbearing to restrict growth. 5. CITY COUNCIL COMMENTS: Mayor Simmerman announced:  April 15th- City Hall will be closed in honor of Good Friday April 16h @ 3:00pm - Easter egg hunt in City Park  April 17h @ 7:00a.m. Sunday Sunrise Services City) Park - lighthouse community Baptist Additionally, there will be a bake sale after / during the egg hunt @ city park; 100% will got to the Baptist church for funding; assuming this will go towards camp fort the kids  church  6. 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 of these 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, March 8, 2022  6.2. Approval- - 2022 March Financials 6.3. Approval - 2021-2022 Vendor Balance Detail 6.4. Public Works Department. Activity Report 6.5. Police. Department Activity Report 6.6. Municipal Court Activity Report 6.7. Building Permit Activity Report 6.8. Fire Department Activity Report  Alderman Lackey asked that item 6.1 and 6.2 be removed from the consent agenda to be discussed separately. Discussion regarding items 6.2 and 6.3- Financials. The City Secretary discussed the difficulty shei is experiencing due to the number ofp people who were: in the "city's books' over thej past 18-24: months prior to her coming onboard. She has reçonciled all bank accounts except for the General Fund, Operating Account and Water Sewer. These continue to take a "back seat" due to other responsibilities and problems that continue to come across the secretary's desk. She also shared that she is now spending one (1) day each week (or more) on' "building permit" items and questions. Further, she agreed, the financials are not correct as presented to council, not because ofany mismanagement or misappropriation, but due toi the fact  that bank accounts have not been reconciled for a full year cycle.  April 12, 2022  Minutes of Council Mecting  Pagc116    Alderman Lackey: made al Motion to açcept the consent agenda with removal ofi items 6.2 and 6.3;  Alderman Crocker, 2ndt the Motion; Approve items 6. Strike out 6.2. and 6.3 Alderman Mobley, 2nd the Motion; highly supported by City Secretary. 5/0 Motion carried unanimously  Alderman Crocker, made Motion to Table Items 6.2 and 6.3 and come back to them in the next regular Items 6.2 and 6.3 have been tabled until a CPA/Auditor can review QuickBooks and financials. This is  council meeting  The Mayor adjourned the regular meeting at 6.56pm to go into executive session. Mayor Simmerman reconvened the Regular Council meeting at 8:43pm ACTIONS FROM' THE EXECUTIVE SESSION:  Alderman Lackey made motion to accept quote from BIT to move forward with upgrading the  Municipal Court security system. Alderman Crocker 2nd the motion 5/0 none against, the motion carried unanimously  Alderman Hardy made motion to approve. Resolution R-2022-04-1006 Modifying and Approving an Alternate Design for a Storm Shelter Under Section 423.4, ofthe 2015 International Building Code fort thel Proposed Cumby Independent School District Construction ofa) High School Campus  (2022-2023);  Alderman Horne 2nd the motion  5/0 none against, the motion carried unanimously.  7. OLD BUSINESS  7.1. Discussion: Final presentation by Ms. Anna Duckworth regarding history of Blackjack Grove Ms. Duckworth reported that it was an honor to do this research and she appreciated the city appointing her and making it possible. She has submitted a formal written report to the Mayor. To address several residents' concerns and comments, Ms. Duckworth reviewed the reason why she researched changing the name back to Blackjack Grove. She was certainly not researching nor presenting to "change for change's sake"; but for history. In history, this should be the only Blackjack Grove and perhaps in the world and we own the name; we celebrate Blackjack Grove Day; why not take the name back? Her research led to conclude this could easily be accomplished. City Council has authority to approve; and the cost is $30 or so to record the name in the county Regarding impact on Residents: this would have no impact on the residents because they are identified by zip code; Post Office doesn't care what we call ourselves none of this would be impacted; would not have to cost very much money. If we could get grants, they could do a lot for this town: fix infrastructure; roads; generate new business; detailed items of what would have  and research concerning the name ofCity ofCumby. (Anna Duckworth)  clerk's office.  to change; the signs would be the only expense.  April 12, 2022  Minutes of Council Mccting  Pagc216    Some signs are optional, and some would have to change. Texas historical district would help; Historic Blackjack Road - nothing wrong with carrying Blackjack Grove in addition to Cumby; Recommendation from her Research: She would like to see the City launch an information campaign of benefits of taking back the name: highlighting it and potentially put some money in the city's pocket; theme festivals; flea markets; sell souvenirs - bumper stickers; etc. Perhaps at some point, set up an exploratory committee to come up with options or place an ordinance accepting name. She is a Certified genealogist and have had a wonderful time with her research.  historical commission would take care oft that for us.  Blackjack Grove heritage is deep; and she is proud to call it home. Mayor Simmerman thanked Ms. Duckworth for all ofh her efforts and research.  7.2. Discussion/Action: Bonding for City Secretary, Utility Clerk, Court Clerk (City Secretary at City Secretary presented the council with costs (appx 5% ofbond value is the cost oft the bond, e.g., $10,000 bond would be +/- $50) and a definition ofa Surety Bond. Discussions held; with Ms. Angela Lee asking if the city would carry the cost of the bond; ori if staff would carry part oft the Alderman Lackey made. Motion to carry $10,000 bond on the City Utility Clerk, Deborah Hudson; $50,0001 bond on each City Secretary, Betty. Jo Hardman and) Rita Graham, Municipal Court Clerk.  request of Council)  costs. It was determined that cost is borne by the city.  Alderman Hardy 2ndt the Motion 5/0, none against, Motion Carried Unanimously  7.3. Discussion/Action: Ordinance 0-2022-04-005 Amending Ordinance 2022-02-005: Amend to include Municipal State Fund; Municipal Security Fund; Municipal Technology Fund with no expiration date. Amend: Ordinance 2022-02-005 An Ordinance of the City of Cumby Texas Establishing a Municipal Court Local Truancy Prevention and Diversion Fund and Municipal Court Jury Fund and Ordinance No: 2002-04 An Ordinance that the City of Cumby, Texas establishing a Municipal Court Technology Fund; providing for the assessment and collecticn of am municipal court technology fee; providing for publication and effective date; providing for City Secretary shared that thisi is" "housekeeping" issue. City needs tol have the Ordinance in place. When the council approved the Truancy Prevention and Diversion and Jury Fund accounts, it was discovered that there was no Ordinance authorizing the other Municipal Court bank accounts.  expiration date. (Alderman Ryan Horne)  Alderman Horne made Motion to approve the Ordinance as presented  Alderman Hardy 2nd the Motion, 5/0, motion carried unanimously  8. NEW BUSINESS  8.1. Discussion/Action: Resolution R-2022-04-1002 Approving Building a Permanent Stage to be Constructed in Cumby City Park by Daughters of Blackjack Grove, a 501c3 nonprofit Kendra Hood spoke to this; Landon company will build a metal stage; it will be designed by like to build a stage; discuss with builder what is needed; metal cannot tear up. Daughters of  organization. (Alderman Ryan Horne) Lindoh_Nabers,  They havel had ar metal 20x201 trailer over the years. Would  Blackjack Grove will pay: for cost to build and then maintain.  April 12. 2022  Minutes of Council Mcoting  Pagc316    Council agreed, definitely need a stage; look better; in the past, they (BJD) rented one for $200; Size will be the same as the stage rented last year 16x20. This gets used more than one would think Council would request that before start building, blue print drawing be submitted to Council: for review City Secretary advised that the Park is not currently included in City's Property /Liability Insurance  and, in thej past have also used a trailer  and approval.  Coverage held with TML. She has been given the task to research coverage. Alderman Horne made the motion to accept the Resolution as read  Alderman Crocker 2nd Motion 5/0 motion carried unanimously  8.2. Discussion: Daughters of Blackjack Grove: 501c3 nonprofit organization intention to donate funds raised from events held in support ofCity Park in the City of Cumby Texas to the City ofCumby The Mayor and Council thanked the Daughters of Blackjack Grove for their efforts and all they do for Ms. Kendra Hood, representing Daughters of Blackjack Grove, spoke. Their mission is to support Cumby City Park. They do not sponsor scholarships for the school or anything else; all they do is for the park. They help replace and maintain landscaping, etc. They want to give a donation to the Park Fund and will make a donation once a year. This will vary as it will be based on funds raised during eachy year's Blackjack Grove Day event. The City has difficulty supporting aj park that big. Their desire is for any funds donated would of course only be used in support of the Park; and funds would go to Mayor Simmerman and council thanked Ms. Hood and Daughters of] Blackjack Grove.  City Park Fund. (Alderman Ryan Horne)  thel Park  that City ofCumby account.  8.3. Discussion/Action: 2022 Spring Clean Day for City ofCumby residents. A discussion regarding dates of when City of Cumby will hold Spring Clean 2022: Decision will be based on number of trash receptacles and length oft time (receptacles available) offered at no fee by Republic; as well as City of Cumby Maintenance staff availability to assist on-site and have staff available during Council agreed to host over two weekends: 22-23-24 April and 29-30. April 2022. It: should be completed prior to Daughters of Blackjack Grove event which is always held the Saturday before Alderman Horne made the motion to split the cleanup and hold on the 3rd and 4th week of April  Spring Clean event (at the trash site). (Alderman Ryan Horne)  Mother's] Day celebration.  (determined by availability of Republic receptacles) Alderman Lackey 2md the Motion; 5/0 motion passes  8.4. Discussion/Action: Ordinance 0-2022-04-003 to Renew Franchise Agreement with Atmos  Energy. (Mayor Doug Simmerman) Alderman Crocker 2nd the Motion; 5/0 none against; motion carried unanimously  Alderman Lackey made thel Motion to approve the Ordinance as read  8.5. Recognize: Petition presented by Ms. Sharon Ward-Hart during February 8, 2022, Presentation by Citizens, City Council Meeting in which she presented a request of the residents of the Black Grove Addition, City of Cumby requesting that once the work on the Cumby school track is  April 12. 2022  Minutes of Council Mccting  Pagc416    completed, M&R Drive will be repaired as promised. Second: M&R Drive remain a dead-end street; Third: No parking signs to be placed along all private property; Fourth: a speed limit sign Council recognized Ms. Ward-Hart's petition and request and agreed that this may at some point come back as an. Agenda item. (NOTE: When an item is presented by Citizen in "Presentation by Citizens" ont the council agenda, thei item must ber recognized by council: fori it tol bej placed on future 8.6. Discussion/Action: Resolution R-2022-04-1003 Appointing an Auditor for the City (Alderman Discussion was held that there were originally three auditors the city sent the RFP onto; two were going to respond; however, never heard from one and the other decided he didn'thave capacity to submit response (Mike Ward). The council also discussed potentially appointing CPA to review and correct the financials for City of Cumby; as well as continue searching for an Auditor. The cost is noti in 2021-2022 budget and City would) haveal hardtime paying for both: CPA and Auditor. An Audit is a must to ensure the city meets the obligations of2012 Obligation funds provided by Texas Water Development Board and current /: future Federal grants. Therefore, the city will Alderman Hardy expressed concerns ofl hiring Mike Ward in this position due to some questions Auditor must be hired. An auditor will come in and evaluate and go through the books; make recommendations; report; and then come back with recommended processes. The city must of course determinei ifiti is in1 the best interest ofthe city to then follow-through with recommendations 8.7. Discussion/Action: Ordinance 0-2022-04-006 - Amending Ordinance 2022-02-06 Costs for Building Plan review to capture fees from Building Inspector consulting firm. (Mayor Doug Alderman Lackey asked that this item be tabled until she could go through and compare against 8.8. Disceussion/Action: A request by Council Member to add agenda items to the Consent Agenda each month for City ofCumby City Council meeting. (Alderman Lackey)(Addendum 1 attached) 8.9. Discussion/Action: A request by City of Cumby City Council Member to add policies to City of Cumby Employee & Policy Manual. (Alderman Lackey) (Addendum 1 attached) Discussion was held, and it was agreed the items presented and requested by Alderman Lackey would be covered under adding a Bond on city employees. Additionally, most were unwieldy, cumbersome, and unnecessary. It was pointed out that the city only employs three (3) people in city offices and there is no capacity for daily tasks to bei monitored by another staff member. 8.10.I Discussion/Action: Resolution R-2022-04-1004 -Move ARPA grant funds from basic Water/Sewer checking account into an interest-bearing account; and, 90-day CD: fund until funds Funds would be held in separate account for accounting purposes and these may as well be in interest bearing account(s). Alderman Hardyi inquired ast to1 the use ofinterest that would be earned;  be posted. (Alderman Cocker)  agenda.) Crocker)  continue to focus on finding an Auditor. she may have about past audit.  presented.  Simmerman)  Ordinance 2022-02-06 and brought back to agenda for next council meeting.  are: required for projects as determined by City Council. (City Secretary)  April 12, 2022  Minutes of Council Mccting  Pagc516    and it was agreed that any interest would stay with thei funds generating the interest (which is how  these funds are currently treated by City processes). Alderman Crocker 2nd Motion; 5/0 none opposed, motion carried unanimously  Alderman Hardy made the motion to accept the Resolution as read;  ..Discussiom/Ation: Resolution R-2022-04-1007-1 Establishing al Permit Fund Checking Account Fees that are submitted to the City for permitting (new/ /remodel/residential/commercial) would be placed into a Permit Fund account; payments made in regard to expenses incurred by the City for inspection; permitting; or other costs associated with permitting, would then be paid from this  (City Secretary)  checking Permit Fund account. Alderman Mobley 2nd Motion; 5/0 none opposed, motion carried unanimously  Alderman Crocker made the Motion to accept the Resolution as read  9. ADJOURNMENT, there being no further business, the meeting was adjourned at 9:36pm  AL  Douglas Simmerman, Mayor  baty G Hfmen Betty Joardman, City Secretary  APPROVED as to. Form  CALSK Charles Anderson, City Attorney  April 12. 2022  Minures of Council Mceting  Pagc616    b.1 ApuIRtL  Consent Agenda:  6.1 - Minutes, Regular Meeting of April 12, 2022:  Add to 6.2 and 6.3 Financials:  Alderman Lackey stated, "After discussions with Betty Jo regarding the shape of QuickBooks are in and the errors, I cannot approve the financials. Paraphrasing LGC 'The treasurer shall render... a full statement of the receipts and payments." I believe until the issue(s) are resolved Council cannot get an accurate accounting. For those reasons I cannot in good conscience approve the financials at this time." 8.7 - Strike out go through and compare against 0-2022-02-06 and replace with Doug, I know there was not a motion brought to the table, but Iask that this be tabled until I can do more research and bring back to the next meeting. 8.8 - Add that it was advised that Council review what they would want to be included in the Consent Agenda and bring it back to the next meeting. 8.9 - Add, Alderman Lackey stated that these items were added, due to the deadline, before knowing the bonding of the city employees were being added to the agenda. Strike out the city only employs three (3) people in city offices and replace  22.075(c)  8.1 - Strike out read and replace with written. 8.4 - Strike out read and replace with presented.  with there are only two (2) people in house (or employed). 8.10 - Strike out read and replace with written. 8.11 - Strike out read and replace with written.  Ta Compent  Coucler  R Fpul 12,3022 Kepirmer aly At Pasz  Crocku sh ay muctngi  S  > Recich 7fz  'mat    yag 1B, 2022-  bey gu HAIRneN Cay secutzuy    MINUTES May 4, 2022  SPECIAL MEETING City Council  1. CALLMEETING TO ORDER - 5:00pm 3. ROLL CALL & QUORUM REPORT Present: Mayor Douglas Simmerman Holdover Alderman 1: Sheryl Lackey Holdover Alderman 2: Amber Hardy 4. PRESENTATION BY CITIZENS posted at the bottom of this Agenda.  2. PLEDGE OF ALLEGIANCE. AND: INVOCATION- - led by Mayor Douglas Simmerman and Mayor Pro Tem respectively  Mayor Pro Tem & Alderman 5: Ryan Horne Alderman 3: Wayne Mobley Alderman 4: Aly Crocker  The City Council welcomes "Presentation by Citizens." Ifyou wish to speak, you must follow these guidelines. Asa courtesy to your fellow citizens and out of respect to our fellow citizens, we. request that ifyou wish to speak that you follow guidelines Ginger Peeks: Council, City employees, contracted employees. Business, all that goes on ini this room is tol better the city, we. have witnessed and watched witch hunts; people have left; come back. We would recommend that City Council gets procedures inj place for City Employees. What are the steps tol let them know what is expected? What are the steps toi fix; resolve; before you run someone out oft town? Fix this first. Attacks have got to stop. The negativity that goes with the city has got to stop. Wei need positive to come in; wel have ai fabulous police department. Wel have a Chieft that does more for the community than has ever been done. This reprimand and misinformation and defamation of character has got to Megan Baxter- speak at council meeting: Iwilll be speaking in general about the role oft the city council and the future of our town. Ms. Baxter had aj prepared statement which she read. City Council- My name is Megan, and II have lived in Cumby most of my life. I'm here tonight just to serve as a reminder as to why all of you are sitting here. Because unfortunately I think some of you have forgotten the reason you ran for these positions in the first place. I have watched for at least thel last 4-5 years people come in, whether they physically lived here or not, andi runi for city council or be some form of employee with the city, a lot oft them for their own personal gain, ort to get rid ofthis person or that person because they don't like them, and) Ithink everyone here can agree we are: still trying tos sort out thei mess that created. All ofyous sit here tonight and serve as a city of Cumby council member, or mayor, you were voted in or appointed, and) your jobi is to serve this city. It is to make the best possible decisions for this city. It's to put your personal feelings aside and make decisions for the greater good of this city. You agreed and swore to being honest. You agreed to sit behind that table and listen with an open mind to every citizen that walked thru the door, andt to be open to every situation even ifit wasn'ty what you believed. You are not here to make your life easier; you are not here to get that person you don't like fired, and you are not here to spread rumors, and threaten citizens with lawsuits for talking about said rumors that you spread! You are not here to demote or fire employees (with reason) and then bring them backj just because you get along with them better then who isl here. There was ai reason they were fired/ demoted. I want to make sure everyone is aware that iti is illegal to discuss what ist talked about in an executive session outside of that room, andi iti is distasteful. Regardless of what position youl hold. Itruly have hope that we (Cumby) are heading in a more positive direction, for the future of our town and our children. With that Iwill leave you with this, you guys hold this towns future ins your hands please don't let it gol back to how it was, we have come a long way and should not let our personal feelings mess that up, because the matter that you are all trying to discuss tonight isn'tj just affecting you guys, this is affecting the entire town. And getting rid of Chief Hundley, and more so bringing back an already demoted Robertson is not what's best for Cumby. Thanks. CriN McMullin: What the ladies said is great; they said it all. She would like to add, ift the Council put as much effort in moving forward as we do holding the city back, we'd be at thet top of small towns tol livei in. Words of Wisdom: ....do Amanda Horne: Hope that the elected officials of the city hear what the citizens that have attended are saying. They are Angela Lee: ChiefHundley brought compassion. He has never profited (profiled?). As with other employee that needed assistance with QuickBooks, has the City Provided training to he andl his officers? They are here toj protect ands serve. We livel here for small town atmosphere; please put back confidence ini the city. Ifa crisis you can call on him. Question City  stop.  Marcia Mickles: Agree with Ginger Peeks statement.  Chris Norfleet: Agree with the ladies. unto others : and Karma comes around.  talking loud and clear; People are gong to be upset should anything happen to Chief.  Council: integrity. May 4 2022  Spccial Mccling Minutcs  Pagc 112    Christina Beck: New to the city; moved to town, scared for her (challenged) son's safety. First people she met was the Mayor and the Chief ofl Police. Both) have been very kind. The Chief has been loving and caring to my family. My son lives at home (20 ands special needs). He and his officers have been compassionate; son is in as safe place; all officers are Mr. Tyler McBride: does not live in Cumby, asked ifl he could speak - Mayor Simmerman allowed. Former Fire and Federal Law) Enforcement. First thing that willl happen ifyoug getr rid ofa good Chief, you will also lose and get rid of good cops. When 1st moved to Texas "Cumby was aj place that had bad cops". Now - when come to Cumby, don't want to  good men.  Sharon Starley: All Good, agree with other speakers  break thel Law! Youl lose a good Chief, you willl lose good officers. Nicky Petty: Email statement (attached) read.  5. CITY COUNCIL COMMENTS thel bottom oft this Agenda showing upi tor meeting.  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 Mayor wenta aroundi the council table for comments. All lcouncil members commented that they appreciated the turn-out and citizens  Blackjack Grove Day coming up; like to see Citizens show up and come outi in force.  Aly Crocker encouraged residents to send emails; good things or bad things; want tol hear from citizens.  Mayor Simmerman broke for Executive Session at 5:18pm  6. EXECUTIVE SESSION  6.1. In accordance with Texas Government Code, Section 551.001, et seq., the City Council will recess into Executive Session 6.1.1.1. $551.071(1): Consultation with the City Attorney on ai matter in which the duty oft the attorney tot theg governmental body under the Texas Disciplinary Rules of Professional Conduct oft the State Bar of Texas clearly conflicts with 6.1.1.2. $551.074: (a) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal ofa public officer or employee, or to hear a complaint or charge against an officer or employee: Police Chief  (closed meeting) to discuss the following:  the Texas Open Meetings Act regarding: () Police ChiefHundley  Hundley (Alderman Wayne Mobley)  Executive Session ended at 6:28pm  7. ACTION: 6:30- - Mayor Simmerman returned council to Open Session. 7.1. Action, if any, from items discussed in Executive Session: 6.1.1.1.a and 6.1.1.2-NO, ACTION  8. OLD BUSINESS  8.1. Discussion/Action: Resolution R-2022-04-1002 Review of metal stage design (ifr ready). Ift the design is not yet ready for review, we would ask that the Council give the Mayor and/or Mayor Pro Tem the authority to approve in lieu of another Special Council Meeting. Their Goal is tol have this installed prior to 2022 Blackjack Grove Day (May 14,2022)(Alderman Ryan) Horne) - Design was not yet ready; when iti is finalized, Mayor or Mayor Pro Tem authorize when design is ready.  9.A ADJOURNMENT: There being no further business, council adjourned at 6:31pm  Douglas Simmerman, Mayor  Qh  Billy fe #ifmur Betty Jo Hardmhan, City Secretary APPROVED as to Form Lhak Tl Melissa Cranford, City Attorney  May 4. 2022  Spccial Mccting Minulcs  Pagc212    City of Cumby Unpaid Bills Detail As of May 9, 2022  60.60 + 83.00 + 913.11 + 120.00 + 192.66 + Total7-H Construction Company 537.34 + Airgas USA 2:826-92 + 135:826.66 + Total Airgas USA  Type Bill Pmt -Check Bill Pmt -Check Billl Pmt -Check Bill Pmt -Check Billl Pmt -Check Bill Bill Bill Ana Lab Corporation Bill Bilr: Credit Bill  Date 04/26/2021 1003 04/28/2021 1007 06/02/2021 1008 08/20/2021 1010 08/31/2021 1012  Num Due Date Aging Open Balance  114.95 + 7-H Construction Company  -44,059.00 -5,000.00 -30,316.50 126,179.00 -3,545.50 209,100.00 60.60 60.60 55.00 59.95 114.95 83.00 83.00 913.11 913.11 *res -386.38 Kmes -386.38 120.00 120.00 -0.02 34.58 49.90 29.98 19.05 59.17 192.66 537.34 537.34 1,637.92 1,189.00 2,826.92 5,965:32 5,36532 131,716.06 4,110.60 135,826.66 28.00 291.84  Rk  epBa'  05/04/2022 Order... 05/14/2022 02/02/2022 Inv 56.., 03/04/2022 03/30/2022 Inv 54... 04/29/2022 04/30/2022 Inv A0... 05/30/2022 04/21/2022 April/... 05/21/2022 05/11/2021 30326...-  365.98 * Alliance Document Shredding, Inc. 241-00 + 150.00 + Total Alliance Document Shredding, Inc, 1,052-65 + 20.00 + 80.00 + Total Ana Lab Corporation 170.00 + AT&T Mobility 4:971-44 + 6:550-77 + TotalA AT&T Mobility 12:094-49 + Atmos Energy 20000 + 49.00 + Total Atmos Energy 1200.00 * AVR, Inc. 353.36 + 400.00 + TotalAVR, Inc. 60.30 + Bobkat Enterprises, Inc. 1497000 + 162.99 + 16:285-00 + 134.03 + 83.97 + 660-00 + 286.90 * 167113:02 129.96 * 2:832-17 + 96.88 + 586026 + 1,674-90 + 185,100-496*  66 10  2  04/30/2022 Inv 03... 05/30/2022 07/13/2021 1205 04/11/2022 Inv 22... 04/26/2022 04/13/2022 Inv 22.. 04/28/2022 04/14/2022 Inv 22. 04/29/2022 04/22/2022 Inv 22... 05/07/2022 04/28/2022 Inv 22. 05/13/2022 04/26/2022 2022-... 05/26/2022 04/18/2022 Inv 2013 05/03/2022 04/18/2022 Inv. 20... 05/03/2022 02/25/2022 28289 02/25/2022 02/22-.. 02/25/2022 02/28/2022 2020... 02/28/2022 04/28/2022 62320... 05/19/2022 03/24/2022 Inv 14. 04/03/2022 03/26/2022 Inv 14... 04/05/2022  Bill Pmt Check Bill Bill Bill Bill Bill Total Bobkat Enterprises, Inc. Bureau' Veritas North Americal Inc. Bill Business IT Service Corps Bill Bill  13 11 10 2  137.37 + Total Bureau' Veritas North America Inc.  6 6  8:188-75 + Total Business IT Service Corps 3.10 + Constellation Energy  Bill Pmt Check Bill Bill Bill Total Constellation Energy D&E Discount. Auto Supply Bill Bill  73 70    36 34  Page 1    10:45 AM 05/09/22  City of Cumby Unpaid Bills Detail As of May 9, 2022  Type Bill TotalD&E E Discount Auto Supply DataMax Leasing Bill Totall DataMax Leasing Doug Simmerman, City Council Bill Total Doug Simmerman, City Council DPC Industries Bill Bill Total DPC Industries ELLEN BAILEY Bill Pmt -Check Total ELLEN BAILEY Farmers Electric Cooperative Bill Total Farmers Electric Cooperative Gas & Supply of Campbell Bill Total Gas & Supply of Campbell Griffin Communications & Security Bill Total Griffin Communications & Security Hall Oil Company Bill Bill Bill Bill Total Hall Oil Company i3-Bearcat, LLC Bill Total i3-Bearcat, LLC IRS Bill Total IRS J&M Tire Shop Bill Total J&M Tire Shop J.J.'s Quick Lube Bill Total, J. J.'s Quick Lube KOLOGIK Bill Total KOLOGIK  Date  Num Due Date Aging Open Balance  03/26/2022 Inv1 14... 04/05/2022 04/15/2022 Inv. LJ... 05/02/2022 05/05/2022 May2... 05/15/2022 04/18/2022 Inv.79. 05/18/2022 04/18/2022 Inv.79.. 05/18/2022 08/15/2019 25854  34 7  46.14 365.98 241.00 241.00 150.00 150.00 631.59 421.06 1,052.65 -278.00 -278.00 20.00 20.00 80.00 80.00 170.00 170.00 1,566.63 1,064.48 1,102.50 1,237.83 4,971.44 6,550.77 6,550.77 12,094.49 12,094.49 20.00 20.00 49.00 49.00 1,200.00 1,200.00  05/04/2022 CUMB... 05/19/2022 04/26/2022 Omv3 3... 05/06/2022 05/01/2022 Inv 1817 05/11/2022 03/22/2022 Inv 12.. 03/22/2022 04/04/2022 Inv. 12.. 04/14/2022 04/18/2022 Inv1 13.. 04/18/2022 04/29/2022 Inv 13..- 04/29/2022 05/04/2022 CUMB... 05/16/2022 11/15/2021 12/31/... 05/21/2022 04/21/2022 Inv. 45... 04/21/2022 05/04/2022 ORDE... 05/14/2022 05/04/2022 70210... 05/14/2022  3  48 25 21 10  pk  18  Page 2    10:45 AM 05/09/22  City of Cumby Unpaid Bills Detail As of May 9, 2022  Type Liberty National Life Insurançe Company Bill Total Liberty National Life Insurance Company Martin's Texas Trucking, Inc. Bill Total Martin's Texas Trucking, Inc. Matheson Tri-Gas, Inc. Bill Total Matheson Tri-Gas, Inc. Messer Fort McDonald Bill Total Messer Fort McDonald NAPA Auto Parts-SS Bill Total NAPAA Auto Parts-SS Northeast Texas Disposal Bill Bill Bill Bill Bill Bill Total Northeast Texas Disposal O'Reilly Auto Parts Credit Bill Bill Bill Total O'Reilly Auto Parts Pitney Bowes Bill Total Pitney Bowes Public Management, INC Bill Pmt -Check Bill Pmt -Check Total Public Management, INC Pump Solutions, Inc. Bill Total Pump Solutions, Inc. Purchase Power Bill Total Purchase Power Quill Corporation Bill Total Quill Corporation Republic Services Credit  Date  Num Due Date Aging Open Balance  04/21/2022 Cumb... 05/06/2022 04/18/2022 Inv 95... 05/03/2022 04/30/2022 Inv 00... 05/30/2022 04/21/2022 Inv 16... 05/01/2022 05/05/2022 Inv04... 05/15/2022 11/27/2018 18800 12/27/2018 12/04/2018 18641 01/03/2019 12/05/2018 17233 01/04/2019 12/11/2018 18801 01/10/2019 12/21/2018 18804 01/20/2019 01/02/2019 21086 02/01/2019 11/05/2020 0372-.. 06/10/2021 0372-.. 07/10/2021 04/18/2022 Refo 03... 05/18/2022 04/18/2022 Inv 03... 05/18/2022 04/02/2022 Inv. 10... 04/29/2022  3 6  353.36 353.36 400.00 400.00 60.30 60.30 1,497.00 1,497.00 162.99 162.99 3,060.00 2,470.00 420.00 3,415.00 4,020.00 2,900.00 16,285.00 -18.00 41.97 104.77 5.29 134.03 83.97 83.97 -6,000.00 -6,000.00 epe -12,000.00 660.00 660.00 137.37 137.37 286.90 286.90 -16,113.02  8  1229 1222 1221 1215 1205 1193  303  10  04/26/2021 1004 03/10/2022 1014  04/26/2022 Inv.20... 05/26/2022 03/16/2022 Feb2... 04/15/2022 03/23/2022 Inv 23... 04/22/2022 04/26/2022 Refun...  24 17    Page 3    10:45 AM 05/09/22  City of Cumby Unpaid Bills Detail As of May 9, 2022  Type Total Republic Services Sam Crocker Bill Total Sam Crocker Texas Municipal League Bill Bill Total Texas Municipal League Texas Municipal Retirement Systems Bill Total Texas Municipal Retirement Systems Texas Tank Services Bill Total Texas Tank Services The CTE Brannon Corporation Bill Pmt Check Bill Pmt Check Bill Pmt -Check Billl Pmt -Check Total" The CTBrannon Uline Bill Total Uline Underground Utility Supply Credit Bill Bill Total Underground Utility Supply VSPGraphic Group Bill Bill Total VSPGraphic Group TOTAL  Date  Num Due Date Aging Open Balance  -16,113.02 129.96 129.96 7,597.75 591.00 8,188.75 3.10 3.10 2,832.17 2,832.17 -5,450.00 -2,050.00 -4,100.00 -3,525.00 -15,125.00 96.88 96.88 vk 255.92 330.34: 143647. 584.26 289.95 1,384.95 1,674.90 63,811.62 *185,100.44  04/18/2022 Ticket.. 04/28/2022 04/01/2022 2022-... 04/11/2022 04/05/2022 Memb.. 04/15/2022 04/18/2022 LateF... 04/18/2022 05/02/2022 Inv 3063 05/17/2022 04/27/2021 1005 06/02/2021 1009 08/20/2021 1011 03/10/2022 1015 Corporation  11 28 24 21  jetks  04/11/2022 Order... 05/11/2022 02/15/2022 CR24.a 11/30/2021 Inv. 24.. 12/30/2021 12/13/2021 Inv 24... 01/12/2022 04/02/2022 Est1 13..s 04/12/2022 04/06/2022 Est1 13... 04/16/2022  130 117 27 23  * Inclurkes,  Conste-llfion  pagout  125 fine/dur  Page 4    6:19PM 05/10/22 Accrual Basis  City of Cumby Profit & Loss October 2021 through April 2022  Oct' '21- Apr 22  Ordinary Income/Expense Income Public Grant Funds Subdivision Fees- -PD Fines Interest Earned License &1 Permits Misc Revenues Utility 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 Garbage Revenue Late Fee Sales Tax Collected Service Fee Collected Sewer Revenue Tapi fee Water Revenue Water Deposits Applied Water Revenue- Other Total Water Revenue Water Sewer- Other Total Water- Sewer Water Deposit Total Income Gross Profit Expense Jury! Duty CDBG Reconciliation Discrepancies Administration Fire Dpt utilities Late Fees &1 Interest Reimbursement for Travel/Gas Office Expense Election Insurance Legal Fees Maintenance Mayor/Council Monthly Fee Membership Office Supplies Postage Property Tax Fees Public Notice Software Subscription  34,338.44 1,350.00 402,296.32 40.71 963.65 750.00 14,700.00 64.00 64.00 4,689.93 71,694.32 38,931.14 4,809.38 120,124.77 105.00 140.00 25,067.98 3,382.72 2,262.49 70.00 41,951.18 2,500.00 520.00 76,229.13 76,749.13 496.47 152,724.97 3,409.60 730,762.46 730,762.46 168.00 39,075.50 11,222.46 0.00 13,652.51 666.82 886.85 4,423.34 17,113.55 3,728.00 62.50 1,467.99 848.83 4,279.43 229.63 2,961.44 995.95 308.07 61.99  Page 1    6:19PM 05/10/22 Accrual Basis  City of Cumby Profit & Loss October 2021 through April 2022  Oct'21-Apr: 22 5,069.01 769.47 -45.00 28,419.07 85,899.45 537.34 200.00 69,975.50 70,175.50 312.48 44,286.10 1,306.48 1,621.00 738.66 258.89 1,190.00 5,500.00 43,864.34 3,365.74 1,578.46 100.00 25,320.13 -72.62 129,369.66 33.98 1,606.25 52.99 1,693.22 13,145.77 238.62 269,715.92 283,100.31 0.00 150.00 5.00 11,838.97 1,082.36 184.50 21,936.73 17,370.00 2,513.69 167.48 18,429.38 40.63 541.34 2,220.02 78.00 591.11 78.19 20,320.13 -13.10  Technology Telephone Training Utilities Total Administration Construction In Progress Debt Service Payment Processing Center TWDB Bond Total Debt Service Municipal Court Legal Reference Material Collection Service Fee Judge Legal Fees Office Expense Postage Security Software Update State Fees Technology Telephone Travel & Training Utilities Municipal Court- Other Total Municipal Court Parkl Improvements Utilities Maintenance Supplies Total Park Improvements Payroll Expenses 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 Equipment Repairs Fuel License & Support Office Supplies Telephone Testing Supplies Training Uniforms Utilities Police Department- Other  Page 2    6:19 PM 05/10/22 Accrual Basis  City of Cumby Profit & Loss October 2021 through April 2022  Oct'21-Apr2 22 97,384.43 97,534.43 650.00 3,175.00 3,825.00 30.42 125.59 279.37 236.00 336.85 866.00 71.96 550.00 1,000.00 227.99 31.98 1,124.70 3,366.24 786.49 0.00 972.60 5,807.48 426.92 125.00 273.00 29,702.63 91.60 1,154.83 6,389.21 2,963.45 1,352.09 4,034.28 1,691.85 1,007.62 1,065.00 18.80 89,946.02 1,681.16 157,581.12 880,338.00 149,575.54 -149,575.54  Total Police Department Total Public Safety Public Works Debris Cleanup Street Repair Total Public Works Training Expenditure Water Deposit Refund Water/Sewer Technology Bank Fee Public Notice Membership UTILITY Cash Drawer Lift Station Water Meters Mowing 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 Water/Sewer- Other Total Water/Sewer Total Expense Net Ordinary Income Net Income  Page 3    PANIIC  WOEKS  APRIL 5,0003  MANT4-SDa2  *  DAT ROWHLNES  READ WELLs Dacy Punp checks and Document tioon Check Chlorue Residuas  CWeck Lift stcaion an WwTP  and  docuent For stote Repair 3 lCAks Get Ready for statt wos MoUEd to metcr Regorts Reqo Meters  *WQTE2  Lock Out meters nepectou  CLP  Stal tRyingto Locgy waler Lne on LIE Dendo  S+ill  to  final Peicins fer water  LIz ogo Wowell 3 homes Huy57s +4ia9. CoJl Iw Localles for TApsont Depot Alle  * Sewte.  Setkel - 4 Closged bnss  Alle to lecate Phpps Seuer ure fer To? appY A to Top of PipE Sac To7Ping saddle ARBled  AOns touh 3 days Of Rain. Cleon w 6u Plowts COncret bn Rod Need a Mors *WoPK Erders  aso 3 Loads of erskd  Complk 3D 3.0 Tssued by pavt Coaplole 34. W.D. Issued Dy Culy Hall. now RW Properlies Exce WTP, 3+es in He month, wofked dumpslers fer Cuty Clean City. EASeS' E93 HoNt E Church Srueas  worked. mn meet  Peady for BG  ihn Rart  da -  S0lufions  Pumps t MRèCoore  veet BA SohL Saesve to discuss  Impellers to Stop  2  a wQS There  a  Soulutions  74  Rump  Chorerd on 5-53  No cost to City  lush Valves + Docunent.    E 2e e 2 4 o 2 1 6 6  LE 1e 00 2 4 D0 2 1 6 6    # de a    6 DE  DE d0  -  D0 a D0 - -              &      2        ETYOF CUMBY 1856)  Cumby Police Department April 2022 Activity Report  Calls for Service Warning Citations Citations  286 76 65 141 2 7 13 17  Total Traffic Contacts Crash Reports Incident Reports Offense Reports Arrests  We: still have 2 fulltime Police Officer vacancies  One: recruit starts soon. He is very young and inexperienced SO he will be in training for 2-3 months with another officer. The numbers on this monthly report are inaccurate due to the loss ofservice by AT&T for 3G network and hotspot capability. New hotspot cards have come in and are in service and fully operational. Still working on an updated list ofactive city ordinances and for them to become official, several residences have been observed for  possible violations.    The 2015 Explorer unit has been put into service. Istriped the vehicle myself and some equipment was donated by agency contacts. This allowed us to save a loto ofmoney and the rest will be covered with seizure funds. No expense to the city whatsoever. Chevy truck unit (Old K9), is back from body shop, was wrecked 3 times by former employee, and is awaiting striping to be replaced from body shop repairs. This is scheduled to be done this month. Again, at no cost to the city. All repairs have been covered by  insurance and Seizure funds and our own labor.  Silent Sentinel program will go active as soon as the city website is active. Ibriefly discussed this program in the recent executive session but can advise further if anyone has question.  Implementing a public awareness type program for special needs children and adults. Again, briefly touched on this in the executive session. It's asafety sticker program. Stickers will be made for  house windows/doors, as well as vehicles.  Iwill supply a demo ofthe stickers once they are ready for  disbursement.  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.    CUMBY MUNICIPAL COURT DEPOSIT REPORT  DEPOSIT DATE April  DATE RANGE 359 44.85-0045  nhonthly  TOTAL OF ONLINE PAYMENTS= 39,074.11 0513.15 10,(0110.58  TOTAL OF MONEY ORDERS= TOTAL PAYMENTS=  13,984.31  4a,058.34  ( GHS -STATE - OMNI  SECURITY TECHNOLOGY -TRUANCY FUND -JURY FUND  51070 494.30 384.34  359.18  7.003  : TRANSFERABLE TO GENERAL 11,554.03  =DEPOSIT TO GENERAL 1,1090.08  TOTAL DEPOSIT= 33,3407.48  =% 55.39  PROCESSED BV Roeu  DATE_ 5.3.2055    CITY OF CUMBY BUILDING PERMIT REPORT MAY10,2022  1. Commercial Building Permit:  a. Request for information from Great Outdoor RV - Extensive discussion regarding initial  remodel; fence (security); followed by new build b. Final inspections For motorcycle shop: Sign/Electrical  2. Residential Permit:  a. Residential Permit Packet provided to: Mr.Jared Rodriguez. just purchased property on b. Residential Permit Packet and Ordinances discussed at length and provided to ten (10) People/companies (new build/ /remodel /g gas linei installation / culvert drains / etc. etc.  Tarrant & 275  3. Contractor Registration: 4. Many calls:  a. Received four registrations for Electrical Engineer a. permits that City of Cumby does not yet have inj place:  Boring Permit: Right of way for Spectrum contractor(s) laying fiber cable (nothing needed as they! had permits from State / Federal. ii. Solar Panel: Instructed them to use. 2015 ICC International Building Code  Electrical requirements (minimum) iii. Fencing/Swimming pool"  5. Interviewing two (2) inspection firms:  *Time requirement on City Secretary is increasing and now at approximately one-day (+1-) each week. I am tracking and have kept the Mayor and Mayor Pro Tem informed as to how much time this is now taking out ofa week. Discussion regarding who else could take care of this process - how was it done in  the past?    City Secretary From: Sent: To: Cc: Subject: Attachments:  City Secretary Tuesday, May 03, 20229:28 AM BITS Support Doug Simmerman; Ryan Horne PLEASE POST ON CUMBY WEBSITE  2022.03.31 Cumby Contractor Registration Applicationpdf 2022.01.20 Residential  Permitting Package.pdf; Commercial Permitting Packet.pdf  His Stephen,  Please call me and we can walk through posting all this on Cumbytx.com.  Let's also post on the old website as we have al lot oft traffic coming in regarding permitting.  CITY OF CUMBY BUILDING PERMITHOURS:  Wednesdayand Thursday eachweek:  9:30-11:30 2:00-4:30  Please calltoschedule an appointment: 903)994-2083 City of Cumby Building Permit packages, Residentialand Commercial, are available Al hard copyr may be picked upa at City Hall, 100 E. Main Street, CumbyTX 75433.  online ww.chyocumbycom.  Thank yow,  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  eretanyechefumbycon    SHNOH/NV  I9vsn SEIVM  3  ABGNAS/NOLVOISAN F -  VAWI 3 0o 8 4  7VOIGIWI  D0 E 0  3HI aanionaIs) 4 3 4 2  3813 8VJ 1 1 o o  38I SSVIS E 9 E 2  39VBNDV 7 3 5 3 3  ALNNOJ H e D8 3  ALID E  D0 0o    CITY OF CUMBY, TEXAS RESOLUTION NO. R-2022-05-1008  A RESOLUTION OF THE CITY OF CUMBY, TEXAS APPOINTING MIKE WARD ACCOUNTING AND FINANCIAL CONSULTING AS THE AUDIT FIRM OF AS THE CITY OF CUMBY; AUTHORIZING MIKE WARD TO ACTON  THE CITY'S BEHALF ASI ITS AUDITOR.  WHEREAS, the City Council has the authority the City Charter to appoint by the affirmative vote ofa majority City Council a competent, duly qualified licensed and practicing  Auditor in the State ofTexas to serve as the Municipal Auditor;  WHEREAS, the City Council desires that Mike Ward to act on behalf oft the City of WHEREAS, the City Council recognizes the benefits of designating  Cumby as its Municipal Auditor;  Mike Ward ofthe Auditing Firm of Mike Ward Accounting & Financial Consulting as the City ofCumby's) Municipal Auditor to include liability coverage offered as a result oft the City's participation in the Texas Municipal League Intergovernmental Risk Pool; NOWTHEREFORE, BE IT RESOLVED BYTHE CITY COUNCIL OF THE CITY OF That Mike Ward is now designated as the City of Cumby's Municipal Auditor to serve with full authority in that capacity unless and until a majority of the full membership of PASSED. AND. APPROVED by a majority oft the ofthe City Council ofthe City ofCumby,  CUMBY,TEXAS:  the City Council votes otherwise; or their contract is complete.  Texas, this the 10 day of May, 2022.  ATTEST:  Cetrmir  Douglas  Bétty. Jol Hardhan, City Secretary  &AL  APPROVED: ast to. FORM: Charles Anderson, City City ofCumby  24  Resolution' No. R-2022-05-1008  Page 1 of1    RESOLUTION NO, R-2022-05-1009  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUMBY, TEXAS AMENDING RESOLUTION NO. 001-2014 AND REPEALING ANY PREVIOUS RESOLUTION OR INVESTMENT POLICY AND PROVIDING FOR INVESTMENT POLICY SCOPE, STANDARD OF CARE, INVESTMENT OBJECTIVES, DELEGATION OF AUTHORITY AND APPOINTMENT OF INVESTMENT OFFICER, ETHICS AND CONFLICTS OF INTEREST, AUTHORIZED INVESTMENTS, STRATEGIES, SAFEKEEPING AND CUSTODY, DIVERSIFICATION, INTERNAL CONTROLS, MARKET YIELD, REPORTING, WHEREAS, the City of Cumby acknowledges the high priority of providing necessary guardianship of public funds in the municipal sector; and,  ADOPTING AND PROVIDING AN EFFECTIVE DATE.  WHEREAS, the City Council expressly intends to set high fiscal standards, delegate treasury and investment duties to appropriated officials, and to review the actual WHEREAS, the City Council hereby intends to implement investment requirements set forth in the Texas Government Code, 2256.005, Public Funds Investment, Subchapter A - Public Funds Investment Act and Subchapter B - Investment of Public NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SECTION 1. That the City of Cumby Investment Policy attached hereto as Exhibit "A" SECTION 2. That the Mayor shall serve as Investment Officer and this SECTION 3. All provisions of the resolutions of the City of Cumby: in conflict with the provision of this Resolution are hereby repealed, and all other provisions of the Resolutions not in conflict with the provisions of this Resolution, shall remain in full PASSED AND APPROVED at a Regular Meeting of the City Council of the City of  pertormance at regular intervals; and  Funds;  CUMBY, TEXAS:  is the official policy of the City of Cumby, Texas. Resolution shall take effect immediately from its passage.  force and effect.  Cumby, Texas on this the 10th day of May 2022.  -  Mdley g fhlnis  Douglas Simmerman,) BAL  Betty. Jo Mardman, APPROVED. ASTOF FORM: Eha 2 Charles AndersonCity. Attorney  City Secretary    CITY OF CUMBY INVESTMENT POLICY  All investments made by the City of Cumby shall comply with the Public Funds Investment Act (Texas Government Code Chapter 2256, Subchapters A and B) and all  federal, state and local statutes, rules or regulations. INVESTMENT POLICY ADOPTION AND REVIEW  This policy shall be adopted by Resolution by the City Council and shall be reviewed not less than annually by the City Council. The Council shall adopt a written instrument stating that it has reviewed the investment policy and investment strategies and that the written instrument sO adopted shall record any changes made to either the investment The Council shall perform a compliance audit of management controls on investments and adherence to the Council's established investment policies. The compliance audit  policy or investment strategies.  shall be performed in conjunction with the annual financial audit.  SCOPE  This investment policy applies to the investment activities of the City of Cumby. All financial assets including all governmental funds, enterprise funds and other funds that may be created from time to time shall be administered in accordance with the  provisions of these guidelines. INVESTMENT AUTHORITY  The City Council shall designate one or more employees or officers as investment officer(s) to be responsible for the investment of its funds pursuant to this policy. Authority granted to a person to invest City funds is effective until rescinded by the Within 12 months after assuming duties, the investment officer(s) of the City shall attend at least one training session and receive not less than ten hours of training relating to their respective responsibilities under the Public Funds Investment Act. The investment officer(s) must also subsequently attend investment training not less than once in a two- year period and receive not less than ten hours of instructions relating to investment  Council or until termination of the person's employment by the City.  policies under the Public Funds Investment Act. STANDARD OF CARE/NVESTMENT OBJECTIVES  Investments shall be made with the judgment and care, under prevailing circumstances that a person of prudence, discretion and intelligence would exercise in the management of his or her own affairs, not for speculation, but for investment, considering the probable safety of capital and the probable income to be derived. Investment strategies shall have as their primary objective safety, investment liquidity  City of Cumby - Investment Policy Exhibit  Page1of6    and maturity sufficient to meet anticipated cash flow requirements. Investments shall be  governed by the following objectives in order of priority: 1. Preservation and safety of principal;  2. Liquidity; and 3. Yield  Ind determining whether an investment officer has exercised prudence with respect to an 1. The investment of all funds, rather than the prudence of a single investment, 2. Whether the investment decision was consistent with the Council's written  investment decision, the following shall be taken into consideration:  over which the officer had responsibility.  investment policy. PERSONAL INTEREST  A City investment officer who has a personal business relationship with a business organization offering to engage in an investment transaction with the City shall file a statement disclosing the personal business interest. An investment officer who is related within the second degree by affinity or consanguinity, as determined by Government Code Chapter 573, to an individual seeking to sell and investment to the City shall file a statement disclosing that relationship with the City and with the Texas Ethics Commission. For purposes of this policy, an investment officer has a personal 1. The investment officer owns ten percent or more of the voting stock or shares of the business organization or owns $5,000 or more of the fair market value of the 2. Funds received by the investment officer from the business organization exceed ten percent of the investment officer's gross income for the previous year; or 3. The investment officer has acquired from the business organization during the previous year investments with a book value of $2,500 or more for the personal  business interest with a business organization if:  business organization'  account of the investment officer.  QUARTERLY REPORTS  Not less than quarterly, the investment officer shall prepare and submit to the Council a written report of investment transactions for all funds covered by the Public Funds Investment Act. This report shall be presented to the Council not less than quarterly, 1. Contain a detailed description of the investment position of the City on the date of  within a reasonable time after the end of the period. The report must:  the report;  2. Be prepared jointly and signed by all City investment officers.  City of Cumby -1 Investment Policy Exhibit  Page 2of6    3. Contain a summary statement for each pooled fund group. The report must be prepared in compliance with generally accepted accounting principles and must  state:  a. Beginning market value during the period; b. Additions and changes to the market value during the period; - Ending market value for the period; and d. Fully accrued interest for the reporting period.  4. State the book value and market value of each separately invested asset at the beginning and end of the reporting period by the type of asset and fund type 5. State the maturity date of each separately invested asset that has a maturity 6. State the account or fund or pooled group fund in the City for which each 7. State the compliance of the investment portfolio of the City as it relates to the City's investment strategy expressed in the City's investment policy and relevant If the City invests in other than money market mutual funds, investment pools or accounts offered by its depository bank in the form of certificates of deposit, or money market accounts or similar accounts, the reports shall be formally reviewed at least annually by an independent auditor, and the result of the review shall be reported to the  invested. date.  individual investment was acquired.  provisions of law.  Council by that auditor. AUTHORIZED INVESTMENTS  The City may purchase, sell and invest its funds under its control in investments described below, in compliance with its adopted investment policies and according to the standard of care set out in this policy. The Council shall permit investment of City funds in only the following investment types, consistent with the strategies defined in 1. Obligations of or guaranteed by, governmental entities as permitted by 2. Certificates of deposit and share certifcates as permitted by Government Code 3. Fully collateralized repurchase agreements permitted by Government Code 4. Banker's acceptances as permitted by Government Code 2256.012. 5. Commercial paper as permitted by Government Code 2256.013.  this policy:  Government Code 2256.009.  2256.010. 2256.011.  6. Two types of mutual funds as permitted by Government Code 2256.014: money  market mutual funds and no-load mutual funds.  City of Cumby - Investment Policy Exhibit  Page 30 of6    7. A guaranteed investment contract as an investment vehicle for bond proceeds provided it meets the criteria and eligibility requirements established by 8.F Public funds investment pools as permitted by Government Code 2256.016. The City may use electronic means to transfer or invest all funds collected or controlled  Government Code 2256.015. ELECTRONIC FUNDS TRANSFER  by the City.  SAFETY AND INVESTMENT MANAGEMENT  The main goal of the investment program is to ensure its safety and maximize financial returns within current market conditions in accordance with this policy. Investments shall be made in a manner that ensures the preservation of capital in the overall portfolio, and offsets during a 12-month period any market price losses resulting from the interest-rate fluctuations by income received from the balance of the portfolio. No individual investment transaction shall be undertaken that jeopardizes the total capital position of  the overall portfolio. LIQUIDITY AND MATURITY flow requirements. DIVERSITY  The City's investment portfolio shall have sufficient liquidity to meet anticipated cash  The investment portfolio shall be diversified in terms of investment instruments, maturity scheduling, and financial institutions to reduce risk of loss resulting from over concentration of assets in a specific class of investments, specific maturity or specific  issuer.  MONTITORING MARKET PRICES  Monitoring shall be done monthly or more often as economic conditions warrant by using appropriate reports, indices, or benchmarks for the type of investment. The investment officer shall keep the Council informed of significant declines in the market value of the City's investment portfolio. Information sources may include inancialinvestment publications and electronic media, available software for tracking investments, depository banks, commercial or investment banks, financial advisors, and  cPlesentalvesAdvsors of investment pools or money marketi funds.  SAFEKEEPING AND CUSTODY  The City shall retain clearly marked receipts providing proof of the City's ownership, or the City may delegate to an investment pool the authority to hold legal title as custodian of investments purchased with City funds. All investment transactions except  City of Cumby - Investment Policy Exhibit  Page 40 of6    investment pool funds and mutual funds shall be executed on a delivery versus  payment basis.  SELLERS OF INVESTMENTS  Av written copy of the investment policy shall be presented to any person offering to engage in an investment transaction with an investing entity or to an investment management firm under contract with an investing entity to invest or manage the entity's investment portfolio. For purposes of this policy, a business organization includes investment pools and an investment management firm under contract with an investing entity to invest or manage the entity's investment portfolio. The qualified representative of the business organization offering to engage in an investment transaction with the City shall execute a written instrument in a form acceptable to the City and the business organization substantially to the effect that the business organization has: 1. Received and thoroughly reviewed the City investment policy; and  2. Has acknowledged that the business organization has implemented reasonable procedures and controls in an effort to preclude investment transactions conducted between the City and the organization that are not authorized by the The investment officer may acquire or otherwise obtain any authorized investment described in the City's investment policy from a person who has not delivered to the City  City's policy.  the instrument described above. BROKERS/DEALERS  Prior to handling investments on behalf of the City, brokers/dealers must submit required written documents in accordance with law. Representatives of broker/dealers shall be registered with the Texas State Securities Board and must have membership in the Securities Investor Protection Corporation (SIPC), and be in good standing with the  National Association of Securities Dealers.  SOLICITING BIDS telephone or electronically. INTERNAL CONTROLS  Inc order to get the best return on its investments, the City may solicit bids in writing, by  A system of internal controls shall be established and documented in writing and must include specific procedures designating who has authority to withdraw funds. Also, they shall be designed to protect against losses of public funds arising from fraud, employee error, misrepresentation by third parties, unanticipated changes in financial markets, or imprudent actions by employees and officers of the City. Controls deemed most  important shall include:  City of Cumby - iInvestment Policy Exhibit  Page 5of6    1. Separation of transaction authority from accounting and record keeping and  electronic transfer of funds. 2. Avoidance of collusion. 3. Custodial safekeeping. 4. Clear delegation of authority. 5. Written confirmation oft telephone transactions. transactions and rationale. 7. Avoidance of bearer-form securities.  6. Documentation of dealer questionnaires, quotations and bids, evaluations,  These controls shall be reviewed by the City's independent auditing firm.  City of Cumby - Investment Policy Exhibit  Page 60 of6    ORDINANCE NO: 0-2022-05-005  AN ORDINANCE AMENDING ORDINANCE 2022-02-06 PROVIDING FOR CONTRACTOR REGISTRATION, PERMITTING AND YEARLY FEE; PROVIDING FOR RESIDENTIAL PLAN REVIEW AND COMMERCIAL PLAN REVIEW REQUIREMENTS AND FEES; PROVIDING FOR MOVING INSPECTION, NEW RESIDENTIAL PERMIT, RESIDENTIAL REMODEL, NEW COMMERCIAL, COMMERICAL REMODEL AND/OR ALTERATION OF COMMERCIAL PROPERTY STRUCTURE, DEMOLITION, AND SIGN PERMIT REQUIREMENIS, TERMS AND FEES. ALSO ESTABLISHING THE LOGEVITY OF PERMITS ISSUED UNDER THIS ORDINANCE; ESTABLISHING A PENALTY FOR THE VIOLATION OF THE TERMS OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING AN: EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, thel Mayor and City Council recognize the importance and necessity ofa amending the WHEREAS, as authorized under law, and in the best interest oft the citizens ofCumby, Texas, the Mayor and City Council deems it expedient and necessary to adopt this Ordinance amending the existing WHEREAS, the Council finds that the City ofCumby will: incur additional costs in regard to each item, such as setting up and maintaining files, administering proper billing and financial accounting, and having the files available for any needed City follow up inspections, and that these additional costs are at  existing permit requirements, terms, and fees, and  permit requirements, terms and fees;  least 15% of the fees charged by the City's consultant. NOW' THEREFORE, BE: IT ORDAINED:  SECTION 1, FINDINGS OF FACT. All the above premises are hereby found to be true and correct legislative and factual findings oft the City Council and arel hereby approved and incorporated into the body SECTION 2, REGISTRATION, LICENSURE, PLAN SUBMISSIONS AND REVIEW AND PERMIT REQUIREMENTS, TERMS AND FEES. The following is hereby adopted as effective and  ofthis Ordinance as if copied in their entirely.  binding in and for the City of Cumby and is incorporated herein for all purposes.  A. ANNUAL CONTRACTOR REGISTRATION:  No Fee. (Fees are not allowed for Electrical, Plumbing, therefore, we are waiving for all Each person who performs electrical, plumbing, heating/AC (HVAC), and general contractors are. considered contractors and must register annually with the City of Cumby prior to beginning work. Contractor should be licensed in at least one oft these areas; and must also provide copy ofLicenses (ifapplicable); along with copy of driver's license and a Certificate  contractors).  ofI Insurance (COI).  Fees for all the following are considered to be the cost ofs service incurred by the City of Cumby,  15% plus May 10, 2022  administrative fee Ordinance: No. 0-2022-05-005  Page 1of3    B. PLAN SUBMISSION AND REVIEW: Residential House Plan and Commercial Plan Review. Two (engineered stamped) copies ofl Plans must be submitted to the City of Cumby. Plans must be submitted prior to receiving a permit. The Plan must be submitted at least ten (10) business days prior to the date the applicant intends to begin utilizing the permit; and the Plan must be approved by the building inspector prior to issuance oft the requested permit(s). C. MOVING INSPECTION FEE: Before any prevously-constructe4, fabricated, and/or used structure(s) intended for living and/or residential purposes, including but not limited to, homes constructed on-site, mobile homes, modular homes, and/or any other homes partially or totally constructed off-premises, as well as any other residences that are to be moved from either from one premise to another location within the city limits or one premise outside the city limits to inside the city limits of the City of Cumby, Texas, there must first be an inspection from the Company that willl ber moving the structure, along with a Certificate ofInsurance; or, performed by City of Cumby building inspector with ai non-refundable fee to determine ift the structure is  structurally sound to move.  D. PERMITS REQUIRED: Permits are required fort the following:  1. NEW: RESIDENTIAL PERMIT AND RESIDENTIAL REMODEL PERMIT:  The permit fee includes one of each of the following inspections listed on Addendum A and attached hereto. This Addendum may be updated and made part ofthis Ordinance from time to time and will be published as required for . The permit fee includes one of each of the following inspections listed on Addendum B and attached hereto. This Addendum may be updated and made part oft this Ordinance from time to time and will be published as required for  City Ordinances.  ii. NEW COMMERCIAL PERMIT AND COMMERCIAL REMODEL PERMIT:  City Ordinances.  ii. ALTER EXISTING COMMERCIAL STRUCTURE PERMIT: A determination at thet time ofPlan submission and review will ber made as tot the number ofi inspections, iv. DEMOLITION PERMIT: No Fee for Residential Demolition (Permit is still required). AIl Plans submitted for issuance ofa demolition permit must comply with the Asbestos Survey Requirements as part of Senate Bill 509, and the applicant must also file with the City ofCumby an Asbestos Affidavit Verification of Survey. V. SIGN PERMITS. In the event any work is started or proceeded without prior obtaining the necessary permit, the applicable specific fee shall be doubled to obtain the required permit. Ifa permit is denied, the sign content permit fee willl be refunded. E. COST INCREASES: Ini the event that additional inspections are required, as determined by the City of Cumby, the permit price will increase accordingly. The increased amount will be F. LONGEVITY OFI PERMITS: All permits shall be valid for a term of180 days from the date  and increase, ifany, to cost.  determined prior to the final inspection.  ofthe last inspection or from the date thej permit was issued.  Ordinançe No. 0-2022-05-005  Page 2of3  May 10, 2022    SECTION3. PENALTY PROVISION. Any person, firm, corporation or business entity violating this Ordinance shall be deemed guilty ofar misdemeanor, and upon conviction thereof, shall bes subject to ai fine not to exceed the sum of FIVE HUNDRED AND NO/100 DOLLARS ($500.00), unless the violation is related to fire safety, zoning, or public health and sanitation, including dumping and refuse, in which case the fine shall not exceed the sum of TWO THOUSAND AND NO/100 DOLLARS ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall: not preclude the City of Cumby from filing suite to enjoin the violation. The City retains all legal rights and remedies available to it pursuant to local, state, and federal laws. SECTION 4. REPEAL OF CONFLICTING ORDINANCES. All Ordinances, or other Policies oft the City, or portions of those Ordinances and/or Policies, that are in conflict with the Provisions of this Ordinance shall be repealed unto the conflict only and shall otherwise remain in full force and effect. SECTION 5. SEVERABILITY. Should any paragraph or part or section ofthis Ordinance be adjudged or held to be illegal or invalid, such severability shall not affect the validity or the remainder of the SECTION 6. EFFECTIVE DATE. This Ordinance shall be of full force and effect immediately upon  Ordinance.  the adoption by the City Council.  ADOPTED AND. APPROVED on this 10th day of] May 2022.  Douglas Simmerman, Mayor  DAhm  ATTEST:  AAn Betty. Jo, areman,'City Secretary APPROVED. as to. Form:  IAK  Charles Anderscn, City Attornéy  Ordinance: No. 0-2022-05-005  Page 3of3  May 10, 2022    Ordinance 0-2022-05-008 Addendem, A  Cityof  CUMBYx  Typical New Residential Inspections  BVT Task Management System has the ability to add other department approvals toi the list of  required inspections, as requested by the city.  Plumbing Rough Water Service Yard Sewer Form Board Survey Foundation ElectricRough Mechanical Rough Gas Rough Piping/Test Plumbing Top-Out Framing Energy Insulation Construction Electric Gas Final Electrical Final Mechanical Final Plumbing Final Energy Final Building Final Customer Svc. Insp. Form T-Pole Flatwork/Approach  Cityo of Cumby Version 01/20/2022    Ordinance 0-2022-05-008 AddendumB  Cityof  CUMBY  Typical Commercial Inspections  BV1 Task Management System has the ability to add other department: approvals to the listof  requiredinspections, as requested by the city.  Temporary Power Pole Vard Sewer Water Service Plumbing Rough Gas Wrap Customer Svc. Insp. Form Foundation Pier/Footing Retaining Wall Sprinkler/Double Check Backflow Framing Plumbing Top-Out Gas Rough Pressure Test Mechanical Rough Electrical Rough Insulation (energy) Drywall Electrical underground Gasi in Slab Gas Underground Grease Duct Mechanical Underground Tilt Panel Grade Beam Veneer Slab Add On Construction Electric Gas Temporary Gas Final Mechanical Final Plumbing Final Electrical Final Energy Final Building Final  City cfombyver-onoyzoponz    ORDINANCE NO. 2022-05-006  AN ORDINANCE OF THE CITY OF CUMBY AMENDING THE CITY'S CURRENT TRASH RATES; ESTABLISHING RATES FOR TRASH SERVICE AS SHOWN ON THE SCHEDULE OF SERVICES AND RATES" (EXHIBIT A); AMENDING WATER AND WASTEWATER TAPE FEE AND PROVIDING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING WHEREAS, the Mayor and City Council of the City of Cumby, Texas recognize the importance and necessity of amending the existing Schedule of Rates and Charges that equitably applies to those Customers and Entities that receive Services from the City;  AN EFFECTIVE DATE.  and  WHEREAS, as authorized under law, and in the best interest of the citizens of Cumby, Texas, the Mayor and City Council deems it expedient and necessary to adopt an amended SCHEDULE OF SERVICESA AND RATES as included under "Exhibit A"ofthis NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY  Ordinance;  COUNCIL OF THE CITY OF CUMBY, TEXAS: SECTIONI. FINDINGS OF FACT.  All of the above premises are hereby found  to be true and correct legislative and factual findings of the City Council and are hereby approved and incorporated into the body of this Ordinance as ifo copied in their entirety. Services and Rates attached hereto as "Exhibit A" is hereby adopted as effective and binding in and for the City of Cumby and is incorporated herein for all purposes. SECTION3. REPEAL OF CONFLICTING ORDINANCES. AII Ordinances, or other Rate Schedules or Policies of the City, or portions of those Ordinances and/or Policies, that are in conflict with the Provisions oft this Ordinance and the amendments to the "Schedule of Services and Rates" (Exhibit A) attached hereto, shall be repealed unto SECTION4. SEVERABILITY. Should any paragraph or part or section of this Ordinance or the "Schedule of Services and Rates" (Exhibit A) be adjudged or held to be illegal or invalid, such severability shall not affect the validity of the remainder of the SECTION5. EFFECTIVE DATE. This Ordinance and the "Schedule of Services and Rates" (Exhibit A) shall be of full force and effect immediately upon the adoption by the  SECTION2. SCHEDULE OF SERVICES AND RATES.  The Schedule of  the conflict only and shall otherwise remain ini full force and effect.  Ordinance and the "Schedule of Services and Rates."  City Council oft the City of Cumby.  May 10, 2022  Page 1of5    ADOPTED AND APPROVED on this 10th day of May 2022, by the City Council of  the City of Cumby, Texas.  RAhin Douglas Simmerman, Mayor  L  ATTEST:  Athy Ofihnen Betty Jo Hardéhan, City Secretary  APPROVED ASTOFORM:   Charles  Anderson, City Attorney  May10,2022  Page 2 of5    CITY OF CUMBY Ordinance No. 2022-05-006  EXHIBIT A  Schedule of Services and Rates  May10, 2022  Page 3 of5    CITY OF CUMBY ORDINANCE: 2022-05-006 Exhibit A  Deposit Residential Owner (inside City Limits) Deposit Residential Owner (outside City Limits) Deposit Residential Renter (inside City Limits) Deposit Residential Renter (outside City Limits).  $150.00 $200.00 $200.00 $250.00 $325.00 $35.00 $20.00 $10.00 $35.00 $35.00 $50.00 $35.00 $35.00 $2,250.00 $4,250.00 $2,250.00 $4,250.00  Deposit - Commercial Connect Fee Late Fee Disconnect Notice Disconnect Fee Reconnect Fee After Hour Reconnect Fee Transfer Fee Retum Check Fee Water Tap Fee - Residential Water Tap Fee - Commercial Wastewater Tapl Fee - Residential Wastewater Tap Fee - Commercial  MONTHLY WATER RATES- CUSTOMERS WITHIN THE CORPORATE LIMITS OF  THE CITY:  MONTHLY DEMAND RATE $10.50PLUS  0-3,000 Gallons 3.001 - 5,000 Gallons 5,001-1 15,000 Gallons 15,001 - 50,000 Gallons 50,001+ Gallons  $6.75 per 1,000 gallons or part thereof $7.50 per 1,000 gallons or part thereof $8.00 per 1,000 gallons or part thereof $8.50 per 1,000 gallons or part thereof $9.00 per 1,000 gallons or part thereof  MONTHLY WATER RATES- CUSTOMERS OUTSIDE THE CORPORATE LIMITS OF  THE CITY:  includes 2,000 $42.00 gallons  MONTHLY: DEMAND RATE 2,001 -3,000 Gallons 3,001-5 5,000 Gallons 5,001+ Gallons  $5.50 per 1,000gallons or part thereof $5.70 per 1,000 gallons or part thereof $7.00 per 1,000 gallons or part thereof  MONTHLY WATER RATES- - COMMERCIAL WATER RATES INSIDE AND OUTSIDE  THE CORPORATE LIMITS OF THE CITY:  includes 2,000 $42.00 gallons  MONTHLY BASE RATE 2,001- -3 3.000 Gallons 3,001-5,000 Gallons 5,001+ Gallons BULK WATER RATE:  $5.50 per 1,000 gallons or part thereof $5.78 per 1,000 gallons or part thereof $7.00 per 1,000 gallons or part thereof  $45.00 PER LOAD MAXIMUM UP TO3,000 GALLONS  May10, 2022  Page 4 of5    WASTEWATER RATES  MONTIYBASERATE: 5,001t Gallons  $23.00 includes uptos,00Gallnns $4.50 per1,000 gallonsor part thereof_  MONTHLY GARBAGE RATES WEI NOW OFFER COMMERICALYARD: CONTAINTERS CALLFORAOUOTE.  Residential within the City Limits (I cart) Residential outside City Limits (I cart) Residential/ Commercial (per extra cart)  $20.00 $20.00 $10.00 $35.00  Commercial WATER USAGE 20,001 - 50,000 50.001t. Sewer Usage 20,001 +  HOUSING. AUTHORITY.  $220.00 includes up to 20,000 gallons $5.50 per 1,000 gallons or part thereof $7.00 per 1,000 gallons or partt thereof_ $220.00 includes uptn20,000Gallons $4.50 perL000g gallons.or part thereof  ABOVE RATES SUBJECT TO ANYADDITIONALTAX  May 10, 2022  Page 5 of5    AMENDMENTTO REFUSE COLLECTION, REMOVAL, AND DISPOSAL CONTRACT This Amendment (the" "Amendment")t to the. Agreement is entered into as ofthe 1St day ofJune 2022, by and between Republic Waste Services of Texas, Ltd. dba Republic Services of Campbell ("Contractor") and City of Cumby, Texas ("City")(collectively referred to herein as the "Parties" and individually as a WHEREAS the Parties entered into the Refuse Collection, Removal and Disposal Contract (hereinafter "Contract") dated [t June 2012 to provide certain waste removal services in accordance with the Contract; AND WHEREAS, the Parties desiret to amend the term oft the Contract as set forth more fully herein. NOW, THEREFORE, in consideration of the mutual covenants contained herein and other consideration, the receipt and sufficiency ofwhich is hereby acknowledged, the parties hereby agree as follows: Except as specifically provided in this Amendment, each and every provision of the Contract, as amended through the date hereof, remains, andi is, in all respects, in full force and effect. 2. "Section 4.02, REMUNERATION", Page 7: This section is hereby revised to read as follows: "Rate adjustments must be approved by Cily of Council. The change in the Consumers Price Index according lo the change in the Burecu of Labor Statisties, United: States City-lverage - II lems CPI- garbage -trash index and other factors may be used io adjust the rates. The Contractor shall provide  "Party").  nolice ofo an increase in cost due to the Disposal Site being ased." 3. "Section 12. TERM", Page 8: This section is hereby revised to read as follows:  "The lerm af this Coniract is hereby extended) for aj fhve (5), jear period beginning. June 1, 2022 and ending, fhve (5), Jear thereafier. Thereafier, this. greemen! shall be renewved for an additional period of 4. "Section 19. EXCLUSIVITY" Page 10:This section is hereby revised to read as follows: "Contractor shall have the exclusive right to collect Wasle Alaterial from Residential Unils, Small Commercial Units. Industrial Units and Construction Units within the Ciy during the Term of this 5. Exhibit A. Rates, Page 12": This exhibit is hereby replaced with the below Rate Schedule. IN WITNESS WHEREOF, the parties have executed this Amendment as of the date first set forth above.  (5). years upon mutual consent oft the parties.  Contraci.  Republic Waste Services of Texas, Ltd. dba City OfCumby, Texas  Republic Services of Campbell  By: Its: Print Name:  By: hhs  Its: Mayor  Print] Name: Douglas Simmerman  Classified as Confidential-External.    EXHIBITA RATE SCHEDULE June 1,2022  Residential- - Franchise fee of3%i included in rate Once weekly solid waste collection/disposal Once weekly brush/bulk collection 1 cuy yd Price includes blue bag Recycling at city facility  $13.52 $4.30  2nd Cart  Commercial Hand Collect Cart-$21.10 Extra-$6.15 Commercial Containers Size 2YD 3YD 4YD 6YD 8YD  1XWK 2XWK EXTRA $77.71 $101.26 $0.00 $124.56 $0.00 $175.14 $0.00 $228.16 $0.00  $0.00  $31.89 $32.37 $56.86 $73.90 $85.27  Gates/casters $2.00 pers services Exchange/delivery $91.51 Excess trash $65.00 per. yard  Roll off Containers Size 20yd 30yd 40yd Disposal pert ton $40.13 Notes: Spring cleanup annually -41 roll offhauls free  Delivery Rental/day $74.56 $74.56 $74.56  Haul $348.11 $348.11 $348.11  $3.98 $3.98 $3.98  Classified as Confidential- External    ORDINANCE NO. 0-2022-05-007  AN ORDINANCE AMENDING ORDINANCE NO. 2020-12-01 OF THE CITY COUNCIL OF THE CITY OF CUMBY, TEXAS. APPROVING SIGNATORIES Whereas, the City Council oft the City of Cumby finds iti is necessary to amend and adopt NOWTHEREFORE, BE: IT ORDAINED BY THE CITY COUNCIL OF THE CITY  AND AUTHORIZATION ON CITY BANK. ACCOUNTS  policy and procedure for authorized signatories for the City;  OF CUMBY TEXAS: L.  This ordinance amends Ordinance 2020-12-01 and shall continue to have effect until express written notice ofi its rescission or modification has been received and recorded by any financial institution. Exhibit A, "Signatures", may be updated as appropriate with change in Counciland/or Staffwithout: requiring an amendment toi this Ordinance, The City of Cumby agrees to the terms and conditions of any account agreement, properly opened by any authorized representative(s) of the City, and authorizes any financial institution, at any time, to charge this corporation for all checks, drafts, or other orders, for the payment of money, that are drawn on the financial institution, regardless of by whom sO long: as they contain thei required number ofs signatures int the proper combination for this purpose and resemble specimens as collected and presented herein as "Exhibit A" and can be updated as needed through the certified If indicated, any person listed below (subject to any expressed restrictions) is  0-2022-05-007;  2.  meeting minutes oft the City ofCumby;  3.  authorized to: A. Mayor B. Mayor Pro-Tem C.City Secretary D.I Municipal Court Clerk  Each following require two authorized signatures from A and C/D: or Band CD  i. ii.  Open any deposit or checking account(s) in the name oft this corporation. Endorse checks and orders for the payment of money and withdraw funds on iii. Apply for, receive and utilize credit, debit, automated teller machine cards or other access devices to exercise those powers authorized by this Resolution. Under the terms oft the agreement, credit, debit cards will be in effect until cancelled by the customer. The card will be accepted by the depositor regardless of the signatures includedi in this resolution. The City assumes all responsibility and liability for the use of the card and thei financial institution assumes no liability until such time the financial institution is notified that the card is to be cancelled. iv. Transfer funds from any established account to another established account.  deposit with this Financial Institution.  Ordinance 0-2022-05-007  Effective May 10, 2022    7.  That if any sec:ion, provision, subsection, paragraph, sentence, clause, phrase or word in this ordinance or application thereof to any person or circumstance is held invalid by any court ofc competent jurisdiction, such holdings shall not affect the validity ofthe remaining portions of this ordinance, and the City Council of the City of Cumby, Texas hereby declares it wou.d have enacted such remaining portions, despite such invalidity. This Ordinance shall be ini full force and effect immediately uponi its passage in accordance Itisl hereby officially found and determined that the meeting at which this ordinance is passed was open to the public as required and that public notice of the time, place and purpose ofs said  8. 9.  with the provisions oft the Tex. Loc. Gov't. Code.  meeting was given as required by the Open Meetings Act. PASSED AND APPROVED this the 10 day of Mey  2022.  Douglas  Mayor  BRL  Hner Secretary  Betty. Jo  hags  ATTEST & APPROVED ASTOFORM: ak TAA Charles Anderson, City Attorney  Ordinance 0-2022-05-007  Effective May 10, 2022    Exhibit A  Title A Mayor  Name Doug Simmerman Ryan Horne Betty Jo Hardman Rita Graham  Signature  B Mayor Pro-Tem C City Secretary  9A1  bitiy fogt Hfm  D Municipal Court Clerk  Bad  Ordinance 0-2022-05-007  Effective May 10, 2022    ORDINANCE NO. 0-2022-05-008  AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUMBY,TEXAS APPROVING AUTHORIZATION ON CITY: FINANCIAL INSTITUTION Whereas, the City Council of the City ofCumby finds it is necessary to amend and adopt NOWTHEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY  PROCESSES  ar new policy and procedure for authorized signatories for the City;  OF CUMBY TEXAS:  1. 2. 3.  This ordinance amends Ordinance 2020-12-01 and it shall continue to have effect until express written notice of its rescission or modification has been received and recorded by All transactions, ifany, with respect to borrowings by or on behalf of the City of Cumby with any financial institution prior to the adoption of this resolution are hereby ratified, Any oft the persons named below, sol long as they acti in a representative capacity as agents of this corporation, are authorized to make any and all other contracts, agreements, stipulations and orders which they may deem advisable for the effective exercise of the powers indicated below, from time to time with any financial institution, concerning funds deposited in any financial institution, moneys borrowed from any financial institution or any other business transacted by and between the City of Cumby and any financial Any and all prior ordinances adopted by the City Council of the City of Cumby and certified to any financial institution as governing the operation ofthe city's account(s), are in full force and effect, unless supplemented or modified by this authorization; 5. The City of Cumby agrees to the terms and conditions of any account agreement, properly opened by any authorized representative(s) of the City, and authorizes any financial institution, at any time, to charge this corporation fort the payment ofmoney, that are drawn on the financial institution, sO long as they are approved by the mayor or the mayor pro tem and contain the required number of signatures in the proper combination for this purpose and resemble specimens as collected and presented herein as "Exhibit A"and can be updated as needed through the certified meeting minutes oft the City of Cumby; Ifindicated, any person listed below (subject to any expressed restrictions) is authorized  any financial institution; approved and confirmed;  institution subject to any restrictions stated below;  4.  6.  to:  A. Mayor B.I Mayor Pro-Tem  Each following require two authorized signatures:  i.  Borrow money on behalf and in the name of this corporation, sign, execute and  deliver promissory notes or other evidence ofindebtedness.  Ordinance 0-2022-05-007  Effectivel May 10, 2022    ii.  Endorse, assign, transfer, mortgage or pledge bills receivable, warehouse receipts, bills of lading, stocks, bonds, real estate or other property now owned or hereafter owned or acquired by this corporation as security for sums borrowed, and to discount the same, unconditionally guarantee payment of all bills received, negotiated or discounted and to waive demand, presentment, protest, notice of That if any section, provision, subsection, paragraph, sentence, clause, phrase or word in this ordinance or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holdings shall not affect the validity oft thei remaining portions of this ordinance, and the City Council of the City of Cumby, Texas hereby declares it would have enacted such remaining portions, despite such invalidity. This Ordinance shall bei ini full force and effect immediately upon its passage in accordance Iti is hereby officially found and determined that the meeting at which this ordinance is passed was open to the public as required and that public notice oft the time, place and purpose ofsaid  protest and notice ofnon-payment.  7.  8. 9.  with the provisions ofthe Tex. Loc. Gov't. Code.  meeting was given as required by the Open Meetings Act.  PASSED AND APPROVED this the 10 day of_ May  ,2021.  Simmerman,Mayor  BAL  hetly  hr Betty Jol Hardman, City Secretary  ATTEST & APPROVED AS' TOI FORM:  Charles Anderson, City Attorney  Ordinance 0-2022-05-007  Effective May 10, 2022    Exhibit. A  Title A Mayor  Name Doug Simmerman Ryan Horne  Signature  B Mayor Pro-Tem  Ordinance 0-2022-05-007  Effective May 10, 2022    Exhibit A  Title A Mayor  Name Doug Simmerman Ryan Horne  Signature  B Mayor Pro-Tem  REE  008  Ordinance 0-2022-05-007  Effective May 10, 2022