CITY OF CUMBY  CITY COUNCIL MEETING BOOK  REGULAR MEETING April 12, 2022    AGENDA NOTICE OF REGULAR MEETING OFTHE CITY COUNCILG OF CUMBY,TEXAS  This notice is posted pursuant to the Texas Open Meetings Act. Notice hereby given that the City Council of the city of Cumby, Texas will conductal Regular Meeting on April 12.2 2022, nt 6:30 D.m., Ifthe public desires (0 speak during as specific agenda item, they must email cncipolumlvcon by 4:00 pm on the day of the meeting. The email must contain the person's name, address, phone number, and the agenda item(s) for which comments will be made. You may also communicate and send your comments to the City Councilmembers directly by emailing emapbpotamissons The meeting agenda and agenda packet are posted online at ts/rwcivolcumeycom/indesshu  at100 Enst Main Street, Cumby, Texas. City Council Chambers.  ommm2ecbpofambosomns emansfhipofumlscun  emamasipotumiyaon:  lderman-@cityofcumby.com;  1. CALLI MEETING TO ORDER  2. PLEDGE OF ALLEGIANCE AND INVOCATION 3. ROLL CALL & QUORUM REPORT 4. PRESENTATION, BY CITIZENS  The City Council welcomes "Presentation by Citizens." Ify you wish to speak, you must follow these guidelines. As a courtesy to your fellow citizens and out of respect to our fellow citizens, we request that ifyou wish to speak that you follow guidelines posted at the bottom ofthis Agenda. O Mrs. Calhoun would like to present adding al Little Library Box for residents of City of  Cumby for consideration.  5. CITY COUNCILE COMMENTS  Pursuant to TEX. GOV'T CODE 551.0415(b), the Mayor. and each City Council member announce city cvents/community interests and request that items be placed on future City Council may agendas. "Items ofCommunity Interest" include items posted at the bottom oft this Agenda  April 15w_City Hall will be closed in honor ofG Good Friday April 16" @: 3:00pm - Easter egg hunt in City Park April 17h @ 7:00a.m. Sunday Sunrise Services City Park  6. CONSENT AGENDA & DEPARTMENT REPORTS  All matters listed under this item are considered routine by the City Council and will be enacted one motion. There will not be separate discussion oft these items. Ifd discussion is desired by any Alderman by on any item, that item willl 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 April 12, 2022  Pagc114    7. EXECUTIVE SESSION  7.1, In accordance with" Texas Government Code, Section: 551.001, et seq., the City Council will recess 7.1.1.1.8 551.071(1): Consultation witht the City Attorney on a matter in which the duty oft the attorney to the governmental body under the' Texas Disciplinary Rules of Professional Conduct oft the State Bar ofTexas clearly conflicts with the Texas Open Meetings Act 7.1.1.2. $551.074: (a) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee, or to hear a complaint or charge against an officer or employee: Police Chief Hundley (Alderman Wayne  intol Executive Session (closed meeting) to discuss the following:  regarding: (i) Police ChiefHundley  Mobley)  7.2. Diseussion/Action: $ 551.089 Deliberation regarding Security Devices for Municipal Court 7.3. Disceussion/Action: $551.0891 Deliberation regarding Security inj place and retention ofe email for Alderman laptops and process in which they are transitioned to (next) incoming Alderman / 7.4. Discussion/Action: $551.071(2): Consultation with the City Attorney on a matter in which the duty oft the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct ofti the State Bare ofTexas clearly conflicts with the Texas Open. Meetings Act regarding: ()R Resolution R-2022-04-10061 Modifying and Approving an Alternate Design: fora a Storm Shelter Under Section 423.4, of the 2015 International Building Code for the Proposed Cumby Independent School District Construction ofal High School Campus 202-2023)Alderman Ryan 8.1. Discussion: Final presentation by Ms. Anna Duckworth regarding not changing City of Cumby 8.2. Diseussion/Action: Bonding for City Secretary, Utility Clerk, Court Clerk (City Secretary at 8.3. 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 collection of a municipal court technology fee; providing for publication and effective date; providing for 9.1. Diseussion/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 9.2. Discussion: Daughters of Blackjack Grove: 501c3 nonprofit organization intention to donate funds raised from events held in support of City Park int the City of Cumby Texas to the City ofCumby 9.3. Diseussion/Action: 2022 Spring Clean. Day for City ofCumby residents. A discussion: how long to offer Spring Clean 2022: based on number of trash receptacles and length regarding of time (receptaçles available) offered at no fee by Republic; as well as City of Cumby Maintenance: staff availability to assist on-site and a staff member available during the complete the Spring Clean 9.4. Discussion/Action: Ordinance 0-2022-04-003 to Renew Franchise Agreement with Atmos  Proposed Security System. (Alderman Ryan Horne) council member, (Alderman Sheryl Lackey)  Horne) 8. OLD BUSINESS  name to Blackjack Grove. (Anna Duckworth)  request of Council)  expiration date. (Alderman Ryan Horne).  9, NEWI BUSINESS  organization. (Alderman Ryan Horne) City Park Fund. (Alderman Ryan Horne)  event. (Alderman Ryan Horne) Energy. (Mayor Doug Simmerman)  Aprii 12. 2022  Puec214    9.5. 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 oft the Black Grove Addition, City of Cumby requesting that once the work on the Cumby school track is 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: as speed limit sign 9.6. Diseussion/Action: Resolution R-2022-04-1003 Appointing an Auditor for the City (Alderman 9.7. Discussion/Action: Ordinance 0-2022-04-006 Amending Ordinance 2022-02-06 costs for Building Plan review to capture fees from Building Inspector consulting fimm. (Mayor Doug 9.8. Discussion/Action: A request by Council Member to add agenda items to the Consent Agenda each month for City of Cumby City Council meeting. (Alderman Lackey) (Addendum 1 attached) 9.9. Diseussion/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) 9.0.Discusion/Action: Resolution R-2022-04-1004 -Move ARPA grant funds from basic Water/Sewer checking account into an interest-bearing (30-60-90-day) account and held until funds are: required for projects as determined by City Council. (City Secretary) .1.Dseussion/Action: Resolution: R-2022-04-1007-1 Establishing a Permit Fund Checking Account  bey posted.. (Alderman Cocker)  Crocker) Simmerman)  (City Secretary) 10. ADJOURNMENT  Executive: Sessions Authorized: This agendal has been reviewed and approved by the City's legal counsel andt the presence ofany subjecti in any Executive Session portion ofthes agenda constitutes a writteni interpretation OfTEX. GOV'T CODE CHAPTER: 551 byl legal counsel for the govermental body and constitutes an opinion by the attorney that the items discussed therein may be legally discussed int the closed portion ofther meeting considering available opinions ofa court ofr record and opinions ofthe Texas Attorney Generall knownt tot the attorney. Thisp provision has been addedt tot this agenda with thei intentt tor meet alle elements necessary tos satisfy TEX. GOV'T CODE5 551.144(c): andt the meetingi is conducted by ally participants int reliance ont this opinion, The Council may vote and/or act upon each ofthei itemss set outi int 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 Govemment Code Sections 551.071 (Consultation with Attomey); 551.072 (Deliberations related to Real Property): 551.073 Texas (Deliberations related to prospective gifts ord donations); Section: 551.074 (Personnel. Matter); 551.076 (Deliberations regarding the deployment of security deviçes or the implementation of security policy); and 551.087 (Deliberations regarding Economic Attendance by Other Elected or Appointed Officials-NOTICE OFI POTENTIALQUORUN: Itis anticipated that members of City Council or other city board, commissions and/or committees may attend the meeting in numbers that mays constitute a quorum oft the other city boards, commission and/or committees. Noticei ish hereby given that the meeting, to the extentr law, is also notices as a meeting of the other boards, commissions and/or committees of the City, whose members requiredby be in attendance. The members oft the boards, commissions and/or committees may participate in discussions on the same items may listed on the agenda, which occur at the meeting. but no action will be taken by such in attendance unless such item and action is specifically provided for on an agenda fort that board, commission or committee subject tot the Texas Open Meetings Act. The? Mayor will recognize those citizens who have signed up prior to the start oft the meeting. Pursuant tol Resolution No. 2020-12 Citizens are givent three minutes (3:00) t0 speak during' Presentation by Citizens." Members oft the public may only speak once and cannot pass the individual's time allotment to someone else. Directy your comments tot the entire Council, not to ani individual member, Showt the Council members the: same respect and courtesy thaty youe expect to bes shownt toy you. The Mayor will rule any disruptive behavior, including shouting or derogatory statements or comments, out, of order. Continuation ofthist type ofbehavior could result inar 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 Council deliberate on citizen. comments: fori items noti on thet agenda. (Attomey General Opinion- JC0169) City  Development negotiations).  Presentation by Citizens Guidelines;  may  City Council Comment Guidelines: April 12, 2022  Expressions of thanks, congratulations, or condolences. Information regarding holiday schedules  Pagc314    An honorary or salutary recognition of a public official, public employee, or other citizen, except that a discussion regarding a change ins status ofay person's public office or public employment is not honorary or Ar reminder about an upcoming event organized or sponsored by the governing body. Information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body or an official or employee of the municipality or county; and Announcements involving ani imminent threat tot the public health and safety of people in the municipality or  salutary recognition for purposes ofthis subdivision.  county that has arisen after posting oft the agenda.  CERTIFICATE:  Ihereby certify that the above Notice of Meeting was posted on the City Hall bulletin board on the April8,2022, at ap place convenient and readily accessible to the general public at all times, and to the city's website, itpsvwy.cilyocumby.com, in compliance with Chapter 551, Texas Government  Code.  betige Hps Betty. Jo. Hardman, City Secretary  April 12.s 2022  Pagc414    April 12, 2022 Addendum to Agenda City Secretary From: Sent: To: Cc: Subject:  2  Cumby Alderman1 1 Monday, April 04, 2022 4:34PM City Secretary Doug Simmerman for the April 12, 2022  Items for Consent Items of EVERY Regular City of Cumby Council Meetings and items  Good afternoon.  Jami requesting that starting on April 12, 2022, and EVERY month following these items be placed on the Consent Items oft the. Agenda; especially with thet financial, meter, and! blllingi issues the city is facing this isa wayt to be  transparent forr not only council members but citizens alike:  Financials:  Profit/loss Detail Report Unpald Detail Report Vendor Detail Report Check Detail Report  Maintenance (Along with what is currently being provided.  Workorder: Spreadsheet (Completed Workorders fort the previous month and any Open/Incomplete Workorders,  again since September1, 2021. Unread meter reporti from RG3 and AVR. AVR Billing Error report.  Items lam requesting to add to new business of the April 12, 2022, Agenda: (WORDING WILLI NEED TO BE CHANGED FOR CLARITY AND LEGALITY. Or possibly combine some ifi it makes it flow better and easier.) Policy of quarterly inventory of maintenance equipment or upon new purchases being added Immediately. Policy ofa a receipt writteni for ALL forms of monies for collection to the City ofCumby. (Doug and I had already discussed this months ago, and he agreed this should be being done. Courtside already does this.) Cash acceptance policy for Utilities and any "city-side" business; necessity of2 signatures on receipt, (Courtside Policy of $150.00 left ini the "city-side" money drawer at the end oft the business day, requiring 2 people to sign Policy of vault/safe; necessity of2 people required to go into the vault/safe. (Has been an unwritten policy Policyf forp placement, retrieval of moneys goingi in and out oft the vault/safe; necessity of 2 people to count and list currency amounts with grand total, seal and signe envelope for placing in vault/safe andi requiring 2 people to verify when money is retrieved matches. (I'ms sure BJ willl be able to word this much better than! I have.) (This maybe al legal clarification.) Addition to the Employee Handbook witha a clause of "workday begins at 8 a.m, fora all City Employees (except for PD); your may clocki in before; however, you will not start getting paid until 8 a.m. (This is something that most placesl have spoken with follows, again, this may require checking with the City Attorney. lam requesting am to be included ina any correspondence with the legal team ifso.) (AGAIN, WORDING WILL NEED TO BE CHANGED FOR CLARITY AND LEGALITY. OR POSSIBLY COMBINE SOME IF ITN MAKES IT FLOW BETTER AND EASIER.)  already does this.) the cash reconciliation form, already.)  1    Again, thet first parta are items lam requesting tol be added toi the Consent Agenda EVERY MONTH, second part is) justf for IfyoushouldH have any questions, or need clarification, please feel freet to email mei and Iwill tryt to clarify as best asl can; however, most oft these items aret things that Doug and Ihave discussed for better checks and balances as well as  this meeting.  thep protection oft the employees and the city. Thanking youi in advance, Sheryl  2    CONSENT AGENDA & DEPARTMENT REPORTS  City Council Regular Meeting Minutes March 8, 2022  March 2022 Financials  Unpaid Bills Detail (as of April 11, 2022) P&L (10/2021 - 03/2022)  March 2022 Public Works Department Activity Report and Meter Report  March 2022 Police Department Activity Report March 2022 Municipal Court Activity Report March 2022 Building Permit Activity Report March 2022 Fire Department Activity Report    MINUTES OF THE REGULAR MEETING  OF THE  CITY COUNCIL OF CUMBY, TEXAS MARCH 8, 2022  Attending the meeting: Mayor Douglas Simmerman Mayor Pro Tem & Alderman 5, Ryan Horne (Holdover) Alderman 2, Amber Hardy Alderman 3, Wayne Mobley Alderman 4, Aly Crocker Absent from meeting: (Holdover) Alderman 1, Sheryl Lackey A Quorum was established  1. CALL MEETING TO ORDER - Mayor Simmerman called the meeting to order at 2. PLEDGE OF ALLEGIANCE AND INVOCATION- was led by Mayor Simmerman and  6:30pm  Mayor Pro Tem, Ryan Horne, Ied the invocation  3. PRESENTATION BY CITIZENS  The City Council welcomes "Presentation by Citizens." Ify you wish to speak, you must follow these guidelines. As a courtesy to your fellow citizens and out of respect to our fellow citizens, we The Mayor will recognize those citizens who have signed up prior to the start oft the meeting. Pursuant to Resolution No. 2020-12 Citizens are given three minutes (3:00) to speak during Members of the public may only speak once and cannot pass the individual's time allotment to Show the Council members the same respect and courtesy that you expect to be shown to you. Jodie and Brandon Phipps - Ifr required, requesting a (Temporary) Waiver ofOrdinance 2021-12- 015 regarding Manufactured and Mobile Homes during new: residential build. Documents were presented by Mrs. Jodie Phipps 207 W Main Street; 51 Denton Street, where they have intention ofb building aj permanent residence. Top provide shelter during new build, the Phipps purchased and brought into the city an RV Cottage home. They contacted city to make sure they could move an "RV"home for temporary residéncy. Ms. Phipps further noted that] Park Model Recreation Vehicle (PMRV) is an RV; they poured a concrete slab; purchased the PMRV home and had it delivered. PMRVisi intended asi temporary living; it does note exceed 400SF; certified byl RV: standards; PMRV titled through motor vehicles. State ofTexas PMRV1 travel plates; inspection; operate on highways; not: ai mobile nor manufactured home. She stated that she doesn'tbelieve this PMRVi is in violation of City of Cumby Manufactured and/or Mobile Home Ordinance 2021-12-015. Their goal is to eventually move the PMRV to an area fori recreation. They wish and want to comply with City of Cumby ordinances and have tried to do SO. Their intention is good and do not want to raise future  request that ify you wish to speak that you follow these guidelines.  "Presentation by Citizens." someone else.  Direct your comments to the entire Council, not to an individual member.  February 8. 2022  Pageill    concerns when they have permanent residence. Package of documents and licenses pertaining to Ms. Anna Duckworth, update regarding Cumby name change to historical Blackjack Grove-I no new update, waiting for public hearing and response regarding interest level oft the City Residents  the PMRV were emailed February 23, 2022, to the City.  and Council.  Citizens then spoke to the issue ofName Change from Cumby to Blackjack Grove. Ms. Amber Hardy, speaking as a citizen and not council expressed concern regarding name Ms. Susan Tremor spoke to the name change from Cumby to Blackjack Grove: thank you for allowing me to speak; on behalf of the citizens ofCumby we have concerns about the name change. Most of us have roots in Cumby; my family built and ran the round-up café; granddaddy lived in one ofthe homes on Frisco Street; Ms. Tremor gave history of family and roots in Cumby. Cumby is the only place we have called home. We have raised our children and now they are raising their children; we have life-long friendships. Cumby Cemetery committee: family members and friends who are all buried here. Cumby is where they lived and died; not] Blackjack Grove. Consider changing name ofthet town after the name has been Cumby for 126 years is upsetting and causing stress to citizens. Memories are ofCumby and not Blackjack Grove. Work in unity versus discord. Most of local people she has talked to are against the name change. Celebrate Blackjack Grove Day each year. We have 150 names on aj petition asking that we: not change the name and Ms. Niki Pettit spoke to the name change from Cumby to Blackjack Grove. Back in the day it was Blackjack Grove, it was a completely different idea; rowdy settlement with a couple of bars; the only incorporated city; Cumby name proud to celebrate; incorporated in 1811. Friendship and Blackjack Grove - expressed concern and: family history for name ofCumby. Small piece ofs small-town life; our home, our memory, and our heritage. There are also address issues when Interstate 30 service road addresses were updated. The Post Mistress, Nita Jo, did everything she could. The name (of the road) changed in 2018- recently consistently use legal address; most businesses are run through on-line databases; on-line forms; ordering anything; doctor appointments; on-line map databases. Mine still doesn't pop up as an on-line address. Difficulty with receiving anything and google-I don't exist. County doesn'trecognize on Property tax; once converts - it isn't as easy to change something. Her last point is the potential costs and headaches for Cumby Adam Kenney - spoke regarding name change from Cumbyt to. Blackjack Grove. His wife has lived in Cumby whole life; don't see it being a feasible option. Always knew as Cumby; logistics nightmare; remember what all the citizens would have to change: driver's license; known addresses; etc. Why would the city be spending grant funds for this when city streets are in bad shape; need to apply monies to better the town instead of Ms. Kendra Hood - Daughters of Blackjack Grove build a stage @ City Park - renting a space; borrowing trailers; stolen; found someone that could build aj platform 16x24 metal that quote and use at Xmas and other programs; stay in same spot; years and years the trailer sat there. Daughters would pay for it; can put on the April 12, 2022, agenda - givel him enough time. Mr. Monty Lackey - business statement. Requested a meeting packet which he received, thank you. He stated hel had a hard time following. January 14, 2022, the unpaid bills detail; it did not yet  change;  will stand in disagreement ifit comes to a vote  independent school district.  aname change. This would make it difficult for citizens.  February 8. 2022  Pagc2l11    include the monies owed tol IRS nor to Constellation Energy. Ifyou back up to $vendor balance as  ofFebruary 28; these are included.  4. 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 of Community Interest" include: Expressions of thanks, congratulations, or condolences. Information regarding holiday schedules  An honorary or salutary recognition ofa public official, public employee, or other citizen, except that a discussion regarding a change in status ofaj person's public office or public employment is not honorary or salutary recognition for purposes ofthis subdivision. Ar reminder about an upcoming event organized or sponsored by the governing body. Information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body or an official or employee ofthe municipality or county; and Announcements involving an imminent threat to the public health and safety of people in the  municipality or county that has arisen after posting oft the agenda.  Mayor Simmerman stated that he went to the Hopkins County NETLSA Livestock show and Cumby was well represented in the sale. FFA is very near and dear to my heart; always participate -t thank you for what they did; Grand Champion Steer came out of Cumby; Tatum White. Alderman Crocker stated that she liked the turn out of citizens tonight. Recommended that for those that are really concerned; show up and voice your opinion. Council can't make decisions when the room is empty; pick up the phone; check Facebook and call us. Makes me proud that Alderman Mobley also stated he also liked the turnout and everyone being here; we need input.  you're interested in the city.  Mayor Simmerman recognized the school board in attendance.  Alderman Hardy stated that she appreciated Officer Painter came out and cleared fallen trees SO she could "escape"; last year was Alderman Horne. She also asked if she could query: Ms.  Duckworth what is the reason behind the name change?  Ms. Duckworth spoke and expressed her love of the place; it's history and the respect Ie have for people that lived here. She has an historical building on her property. Keenly interested in history; including the Native American culture; town has been recorded int the State ofTexas Historical records since before 1830; oldest named place in Texas predates the Alamo and everything in Texas History. Why? Who is Cumby = ai man who never lived here; confederate soldier; historical reasons to change name back to Blackjack Grove. Alderman Horne stated citizens are allowed and would like to participate in all conversation; with name change; welcome to come and talk about whatever they want; that doesn'tmean an action is taking place. No action is being taken; citizen has been doing research; I know what has been talking about; come to your city council meeting's. No time, effort, grants are being done on our  February 8. 2022  Page 3111    end. Regarding Grants, three (3) city council members not getting paid - citizens reallocated to road maintenance. By end ofyear and next election, no city council 1/mayor will bej paid. We still have two that are paid due to the election cycle. You're being heard; things take time; streets didn'tcrumble overnight; won't get repaired overnight. Stay informed and come out. Appreciate  you coming out tonight and being respectful of comments. 5. 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 bes separate discussion ofthese items. Ifdiscussion is desired by any Alderman on any item, that item will be removed from the consent agenda and will be considered separately. 5.1. Approval - City Council Minutes, Regular Meeting, February 8, 2022 5.2. Approval - City Council Minutes, Special Meeting, February 10, 2022 5.4. Approval - 2021-2022 Fiscal Year Vendor Balance Detail (Alderman Lackey)  5.3. Approval - 2022 February Financials 5.5. Public Works Department Activity Report  5.5.1. Public Works Department: The Unread meter reports from RG3 and AVR,i.e., ifthe meeting is inj March, Council would need these for the bills due for the 2 previous months. (Bills due 5.5.2. The. Error Report when processing billing from AVR,i.e., ifthe meeting is in March, Council will need these for the bills due for the 2 previous months. (Bills due March and February) 5.5.3. Spreadsheet ofall completed work orders from the previous month's preparation oft monthly meetings packets to the current monthly meetings including any incomplete work orders. With the exception ofthis meeting, any completed work orders and any incomplete work orders from September 1, 2021, to the day you are finalizing the council 5.5.4.. New form for maintenance with the report for meters that are not working, and specific work orders done. That is all, and I am sure: maintenance is doing a great] job. Ik know he has done al lot for the city. This is for Informational purposes only. (Alderman Crocker) 5.7.1. Spreadsheet oft the Court Totals for the current and last Fiscal Year (Alderman Lackey)  March and February)(Alderman Lackey)  (Alderman Lackey)  packets. (Alderman Lackey)  5.6. Police Department Activity Report 5.7. Municipal Court Activity Report 5.8. Building Permit Activity Report 5.9. Fire Department Activity Report Alderman Mobley, 2nd  Alderman Ryan Horne made motion to accept Consent Agenda as presented  4/1; with Alderman Crocker voting against, motion carried  . - OLD BUSINESS  6.1. Request from Cumby ISD Superintendent Shelly Slaughter for deletion in its entirety, Section 423.4 of the International Building Code, Section 423.4, adopted by the City of Cumby (Date) with specific reference to Storm Shelters Education. ISDi is asking the city 6.1.1. AN ORDINANCE OF THE CITY OF CUMBY, AMENDING THE INTERNATIONAL BUILDING CODE ORDINANCE BY. AMENDING SECTION 423.4 GROUP E OCCUPANCIES, AND PROVIDING FOR A PENALTY AS  to consider:  February 8. 2022  Puge4l11    PROVIDED BY THE GENERAL PROVISIONS OF THE CODE OF 6.1.2. Cumby ISD is seeking this action SO that the district can move forward with building as safe and structurally sound high school that will still have a "safe room" that is constructed to withstand 200: mph winds and accommodate the high school occupancy of140, and up to 250 people. This action will ensure that the district is in the best position to eliminate portable building classrooms as well as move forward with the currently planned number of classrooms in the new high school. In no way is the district making an unrealistic request, norist the District seeking special consideration. Ins surrounding towns and districts, these codes are not in place; therefore, these buildings do not have "safe rooms", nor are they required to. These buildings in other towns are still safe and structurally sound buildings, as are Cumby ISD's current  ORDINANCES.  buildings.  The ISD Board was present. President Jason Hudson opened their meeting. Six (6) members attended the meeting, and a quorum of the School Board were present: Secretary David Tremor; Vice President Marsha Krotky, and Members: Kyle Pettit and Kenny Campbell were present; as  well as Superintendent Shelly Slaughter. Public comments = no one signed up. Mr. Hudson opened with a statement:  School Attorney; superintendent;, legal advisor Mr. Rick Lambert, we appreciate you being at the last school board meeting. What we want to do regarding the code Intent is tol be as transparent as possible. Believe Rick (Lambert) can explain better Mr. Rick Lambert the spoke: I'm here to provide information about the legality of the city waiving or amending Section 423.4 oft the IBC Code. I'm with the Powell Law Firm and am Attorney for Cumby School District. I'm here to specifically address the legality and what the district is proposing to build a very safe structure fori the kids at school. I'mi not going to go through the safety issues; but Mr. Aggen, architect of the project, is here to talk more specifically to the structure. Perhaps  change for the City ofCumby.  than I:  relating to the legality oft the action may be helpful.  According to the local government code statute, IBC 2012 adopted for these types of structures; city's had an option to adopt later version and that are more stringent; statutory provision allows for amendments to the code; as. long as they are done so by ordinance and they are done sO after public hearing before the council. Since the version of the code adopted is not a required statutes and is allowed to be amended if council is to adopt as amended it would bel lawful. Lawful authority and you, the council, would have immunity as well as the city and individually as alderman and mayor for your actions under the states court claim act. Acting in your governmental function - you have immunity except as peculiarly waived by the torte claim act. Cities, school districts or other governmental - all have immunity. Two instances would have a waiver under section 101.021 governmental unit that is acting within its governmental functions would be liable ifthere isi injury or damage to an employee or omission if there is negligence if an employee is  February 8. 2022  Page5l1l    operating a motor vehicle. Not talking about ai motor vehicle and this code is specifically for, schools. 2nd provision ift there is personal injury caused by real property use - but its' not the city's use and operation; potentially if anything the school district may have = adoption of its development code would not have liability for that Short presentation Ifwe do this- we are asking for a waiver - there is no repercussions for the city? City is liable for actions; but you don't have liability discretionary decisions - by exercising its discretion waiver to its code would not have liability under the torte claim act - liability is only under the two provisions listed. No liability to the city nor to its officers nor Mr. Heath Aggen, Architect: fort the project then gave a briefoutline ofthe "Ask": Requesting that Council change from 250 mph to 200 mph - 2015 IBC adopted; requires a storm shelter that meets the safety level of a 250 mph IBC 500 code - has to be designed and are very expensive; single line item; what proposing and what asking is to go from 250 mph to 200 mph. In that one little step can save al lot ofmoney and still provide a safe place. The code is only for the NEW structure. It is not intended to service the entire campus of kids, only the kids in the new structure. Designated one area of building to withstand up to 200 mph winds. Alderman Hardy asked if Council decreased the requirement to the requested 200mph winds, would it meet the 2012 code? Mr. Aggen replied that there is no provision in the 2012 code at all; the requirement for the 250MPH wind and other restrictions occurred in the 2015 code - one line - back of the ICC 500. IfCity of Cumby had the 2012 IBC code in force, we wouldn't bel having this discussion. He further stated that that's what we' 've done in Miller Grove; any community that does not have a code in place we were required to adopt code to 2012; changed that to go to Superintendent Slaughter reiterated that many don't have the IBC code at all; and this would be  regarding the liability.  employees.  Hits the school - space is there ] kids would be safe - slightly lower level.  2013. IBC code; Texas Board of] Education believes it is safe for the students.  the only school in our area that has that room. Discussion with the Council followed:  Alderman Hardy asked if the expense of the room is a problem; got the bond passed; was this expense not known at the time requested? City of Cumby as things progressed, code changed Mr. Aggen: Code; 2018 is more prohibitive, provides entire safe space toi the entire school adding two rooms. IfCouncil agrees to change, it would be a cost savings: $300-$400K. Alderman Horne: Hypothetically, should the Council agree, is this going to be the only issue comes before the council? E.g., changing any other part ofthe 2015IBC? Alderman Crocker: What happens if Council votes "no"; whati impact on the school building?  through-out the process.  February 8 2022  Page6l1l    Mr. Aggen: Take classrooms out of the building and would have to have portable outside Alderman Horne: losing the portable buildings or keep? Iwould be "no" about thisi if we lower a code for kids; with that new information - talking to multiple firms; pulled out a lot of numbers and schools and towns meeting with Ms. Slaughter to talk to her about this; codei is ridiculous, but they must deal with it. Very few cities have changed ordinance. Ihave a kid out there; want the Mr. Aggen: Difference is space SF for the 200-mph structure; smaller room doesn't take up as much space = can still build classrooms; 250mph they would have to have bathroom; HVAC; generator - significant space; structure oft the cap; oundmton,inerememaly gets higher- - structure Ms. Slaughter: We're not giving up safety; at no time are we going to put kids in a building that is not safe; I also have grand kids in the elementary school. Never been a huge safety concern  buildings.  best school; don't want to cut corners where. kids' safety is involved.  changes when you go: from one to another.  until this; not cutting corners.  Ms. Marsha Krotky stated: Iti is and will still be the safest building around.  Alderman Horne: If we took out the HVAC; generator; could the walls still meet the 250 MPH Mr. Aggen: We are fighting commodities and supplies; noj penny to spare currently; trying to give them ai facility that they need and deserve. I've given everything in this building as efficiently and cost effectively as possible. Put their kids in and grow into; elementary school next; and get them asafe room also. Working hard on this project; put this out tomorrow. We are trying toj provide this community with a brand-new safe space they can get; and at a budget they can afford. Alderman Horne: We still have a concern about other aspects that will impact the city: roads; Mr. Aggen: Goal is to get those kids off the street running and back on a track; and is already safer. This is one of the best boards I've worked with. Community related board - loves this Alderman Horne: Iwill always ask questions. Nice enough to sit down and answer and want Mr. Aggen: IfCouncil does not approve this request, we'll have to lose space. We will have to Mr. Bobby Yarborough: get the smaller kids out of the portables; get them in the main building Alderman Mobley: if we do this; keep the classrooms. Not be in portables? Three main  versus 200 MPH?  gates; etc.  community.  everyone to hear the same information.  seek another bond and we' re not going to achieve the desired completion.  would be one oft the main achievements for their safety.  structures?  February 8. 2022  Page 7111    Mr. Aggen: Remove Portables and push them into one the solid structures. Move to the existing high school. Three different campus' and all would be in al building and out of! portables. Walls- still a cost thing - very pleased with it; given great information; getting rid of portables; Ms. Marsha Krotky: All things I'm hearing ist the things that we were pushing the bond and almost all promised were still included. We're having to adjust not only this room; we're bringing the project in budget We're talking about an administrative change to give all that was promised. Mr. Sullivan - The ofHVAC must be designated fort that room only; functioning classroom -good  safest for the kids.  question.  Mayor Simmerman then called for a vote.  Alderman Ryan Horne made the motion to accept the amending of IBC Code Ordinance 423.4.  Entertain a motion: Alderman Mobley 2nd 4/0: none against, Motion carried unanimously.  There being no other business for the ISD Board, President Hudson thanked the City Council for  meeting with them and adjourned the ISD Board meeting at 7:23p.m.  OLD BUSINESS CONT'D:  6.2. Discussion/Action: City of Cumby Filing Authority (City Secretary) declares Alderman land Alderman 2 positions unopposed in the upcoming May 7,2022, election; and/ori no candidate to governing body (City Council) A Certification of Unopposed and/or No Candidates for Other Political Subdivisions (not county) in accordance with Section 2.051 - 2.053; Texas Election Code was signed by the City Secretary and presented to the Alderman Crocker made the motion to accept the Certification of Unopposed and/or No  council.  Candidates for Other Political Subdivisions. Alderman Amber Hardy 2nd 4/0 none against; Motion carried unanimously  6.3. Discussion/Action: City Council Cancels the Special Election scheduled for May 7,2022, due to no or unopposed candidates for Alderman Place 1 and/or Alderman Place 2. Order ofCancellation: in accordance with Section 2.053(a) of the Texas Election Code. Alderman Crocker made the motion that the City of Cumby cancel the May 7, 2022, election for Alderman Place 1 and Place 2 due to no or unopposed candidates.  February 8. 2022  Page 8111    Alderman Mobley 2nd  4/0: none against; Motion carried unanimously  6.4. Discussion/Action: City Council accepts Alderman Place 1, Sheryl Lackey, resignation letter of August 13, 2021, submitting resignation effective immediately after adjournment of the City of Cumby's meeting, August 17, 2021, with effect following canvassing of May 7, 2022, election, on the 5th day following the election, May 13,2022, when new  Alderman Place 1 and Place 2 will be seated.  Alderman Aly Crocker made motion to accept the motion as read;  Alderman Mobley 2nd  4/0: none against; Motion carried unanimously  6.5. Discussion/Action: Resolution R-2022-03-001 A Resolution of the City Council of the City ofCumby, Texas, to Appoint a City Attorney for the City of Cumby, Texas.  Public Notice was posted on Texas Municipal League job board as well as in RFP'si received are attached for review and potential approval/selection.  Sulphur Springs News Telegram.  City Secretary confirmed, there were 41 responses toi received. Mayor Simmerman asked ifanyone Alderman Mobley stated that although he does not know the attorney's, one of the people that is ini the firm of Scott, Ray Pemberton, he does know them well. They are part ofhis family; and, do not want nepotism. Complete transparency = don't want to cause a rift. Mayor Simmerman Mayor Simmerman stated: He has communicated with Messer Fort and McDonald on different occasion and communicated with Julie Ford in this Law firm. They are based out of Frisco. A college roommate of! his went on to be a lawyer and when he had a question; Mayor Simmerman called him and he told me that he had worked with Julie Ford. Mayor Simmerman has communicated with her; never met her; she was very informative and gave direction when we did not] have a city attorney. They do have degrees in city planning before they became attorney'sand something city of Cumby will need in planning. Mayor Simmerman stated that when we need, Alderman Horne asked if this was the firm out of Frisco that we discussed before- Mayor Simmerman confirmed, they sent in an RFP when the city hired Ms. Thompson. Alderman Mobley: Ilike local people; ifI didn't know Trina, I would have recommended Ray, Pemberton. With Messer Fort McDonald being the nearest, the other is in Sherman.  could speak to any of these?  thanked him for providing this information and coming forward.  they can be here.  Alderman Horne: Isay no to Jay Garret. He was fired. Cumby and size even though based out of] Frisco and Sherman.  Mayor Simmerman: Speaking regarding Messer, their client list are cities that are similar to  February 8. 2022  Pagc9l1l    Alderman Hardy: Inquired as to the attorney fees?  Mayor Simmerman responded that we're likely looking at around $200/hour; noted in their application that we would have access to legal aids; counsel; ifjust needed to come sit in paralegal  one has al law degree one doesn't  Wolfe @ $175; paralegal $60 Messer @ $210/hour Land development and special attorney on their board; Mayor Simmerman: Motion on the floor Mayor Simmerman: Died for lack ofa 2nd  Discussion was then held regarding experience of firms:  Wolfe or Messer- one or the other; water is notl listed; water sewer. road land development  Alderman Mobley: Moved that we take Wolfe, Tim & McCoy  Alderman Horne: I'm not opposed; don'twant tol hop on cheapest one; city of Cumby; big flag is The mayor stated that we can ask for clarification from all firms and table until we get some answers from each regarding specific experience. We would then needi tol have a "special meeting"  annexation - not marked onl here and that is an area we need to look into.  ofthe council to vote on this item.  Alderman Hardy made the motion that City of Cumby appoint Messer, Fort and McDonald  as city attorney for the city of attorney Alderman Crocker 2nd 4/0 none against; Motion carried unanimously.  6.6. Discussion/Action: Take the: necessary action for the City Secretary to become the City's Mayor Simmerman asked ifMs. Hardman was already a Notary? Response: Yes. When Alderman Hardy made the notion to appoint the City Secretary as City's Notary.  Notary. (Alderman Lackey).  renewal comes, the city will pay for renewal.  Alderman Crocker 2nd  4/0 none against; the Motion carried unanimously  6.7. Discussion/Action: City Secretary take the Open Meetings Act training; as well as. ALL City employees take the Public Information Act Training (if they have not yet); and Appoint the City Secretary as the Officer of] Public Information for the "City Side" (As the Court Clerk serves as the Officer of Public Information for the "Court Side" and the Chief of Police, serves as The Officer ofl Public Information for the "PD".) (Alderman Lackey)  Fcbruary 8, 2022  Pagc 10/11    Alderman Crocker made the motion to appoint the City Secretary as the Officer ofPublic Information for the City Side; and that she must complete Open Meetings as well as Public information Act training; further that ALL employees complete the Public Information Act  Training Alderman Mobley 2nd  4/0 none against; the Motion carried unanimously  6.8. Discussion: Bonding of Court Clerk; Utility Clerk and City Secretary. Any employee that handles funds for the City ofCumby. Review costs and "actions" ifbonded or ifr not This was an item requested by Alderman Lackey; she is not present sO can only surmise the reason for this request. Bond ensures specific incident acting as an employee covered up to $IM; this coverage would go through a risk management bonding service; it is not The City Secretary was asked to come back with costs /rates and more: information. 6.9. Discussion/Action: Ordinance No. 2021-11-10. Section 2, Fees, Deposits. & Notices. Service Calls; recommend that City add Maintenance start and end date / time on Work City Secretary provided ai recap provided was that Order Forms; and it was easy enough to  bonded. (Alderman Lackey).  held within other liability coverage with TML.  Order forms. (Alderman Lackey)  add; Mayor Simmerman said he will talk to Maintenance supervisor  7. NEW BUSINESS 7.1. NONE  8. ADJOURNMENT - There being no other business, the meeting was adjourned at  7:57pm on March 8, 2022.  Douglas Simmerman, Mayor  ATTEST:  Betty Jo Hardman, City Secretary  Fchruary 8. 2022  Pagc 11111    3:29 PM 04/11/22  City of Cumby Unpaid Bills Detail As of April 11,2022  Type 7-H Construction Company Bill Pmt -Check Bill Pmt -Check Bill Pmt -Check Bill Pmt -Check Bill Pmt -Check Total 7-H Construction Company Alliance Document Shredding, Inc. Bill Total Alliance Document Shredding, Inc. Anal Lab Corporation Bill Total Anal Lab Corporation AT&T Mobility Bill Total AT&TI Mobility Atmos Energy Credit Bill Bill Total Atmos Energy AVR, Inc. Bill Total AVR, Inc. Bobkat Enterprises, Inc. Credit Credit Bill Bill Bill Bill Bill Total Bobkat Enterprises, Inc. Card Service Center Bill Total Card Service Center Constellation Energy Bill Pmt -Check Bill Bill Bill Total Constellation Energy Cumby Telephone Bill Bill Bill Total Cumby Telephone D&ED Discount Auto Supply Bill Bill 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  -44,059.00 -5,000.00 30,316.50 7 -126,179.00 -3,545.50 209,100.00 59.95 59.95 83.00 83.00 184.77 184.77 -386.38 463.22 835.00 911.84 120.50 120.50 -11.79 -23.48 44.15 52.97 77.77 57.99 49.97 247.58 1,629.72 1,629.72 -5,365.32 5,365.32 133,838.22 4,146.87 137,985.09 64.22 243.09 131.94 439.25 28.00 291.84 46.14  03/30/2022 Inv 54... 04/29/2022 03/31/2022 Inv A0... 04/30/2022 03/06/2022 28725... 04/05/2022 05/11/2021 30326... 12/08/2021 Acct3... 12/08/2021 12/08/2021 1/2py.. 12/18/2021 04/04/2022 Inv 03... 05/04/2022 10/31/2021 2111-... 10/31/2021 CRS st... 02/23/2022 Inv 22... 03/10/2022 03/09/2022 Inv 22... 03/24/2022 03/15/2022 Inv 22... 03/30/2022 03/22/2022 Inv 22... 04/06/2022 03/24/2022 Inv 22... 04/08/2022 04/03/2022 02/25-... 04/18/2022 02/25/2022 28289 02/25/2022 02/22-. 02/25/2022 02/28/2022 2020: 02/28/2022 03/28/2022 Stmt6 6... 04/15/2022 04/01/2022 04390. 04/11/2022 04/01/2022 04390... 04/11/2022 04/01/2022 04390.. 04/18/2022 03/24/2022 Inv 14... 04/03/2022 03/26/2022 Inv 14. 04/05/2022 03/26/2022 Inv 14. 04/05/2022  6  124 114  32 18 12 5 3  45 42  8 6 6  Page 1    3:29PM 04/11/22  City of Cumby Unpaid Bills Detail As of April 11, 2022 Num  Type Total D&E E Discount Auto Supply DPC Industries Bill Total DPC Industries ELLEN BAILEY Billl Pmt -Check Bill Total ELLEN BAILEY Griffin Communications & Security Bill Total Griffin Communications & Security Hall Oil Company Bill Bill Total Hall Oil Company i3-Bearcat, LLC Bill Totali i3-Bearcat, LLC Leigh Thompson Bill Pmt -Check Total Leigh Thompson Lower Colorado River Authority Bill Total Lower Colorado River Authority Matheson Tri-Gas, Inc. Bill Total Matheson Tri-Gas, Inc. Northeast Texas Disposal Bill Bill Bill Bill Bill Bill Total Northeast Texas Disposal O'Reilly Autol Parts Credit Total O'Reilly Auto Parts Omnibase Services of Texas Bill Total Omnibase Services of Texas Pitney Bowes Bill Total Pitney Bowes Public Management, INC Bill Pmt -Check Bill Pmt Check  Date  Due Date Aging Open Balance  365.98 399.59 399.59 -278.00 278.00 0.00 170.00 170.00 1,566.63 1,064.48 2,631.11 8,933.34 8,933.34 -2,225.00 2 -2,225.00 491.00 491.00 62.32 62.32 3,060.00 2,470.00 420.00 3,415.00 4,020.00 2,900.00 16,285.00 -18.00 -18.00 1,001.07 1,001.07 83.97 83.97 -6,000.00 -6,000.00  03/21/2022 Inv 79... 04/20/2022 08/15/2019 25854 10/04/2021 INV2. 10/14/2021 04/01/2022 Inv. 12... 04/15/2022 03/22/2022 Inv 12... 03/22/2022 04/04/2022 Inv. 12.. 04/14/2022 04/07/2022 Cumb... 04/15/2022 01/04/2022 28190  179  20  03/30/2022 InvLA... 04/29/2022 03/31/2022 Inv 00... 04/30/2022 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-  1201 1194 1193 1187 1177 1165  04/07/2022 Report... 04/15/2022 04/04/2022 Inv Cu..e 05/04/2022  04/26/2021 1004 03/10/2022 1014  Page 2    3:29PM 04/11/22  City of Cumby Unpaid Bills Detail As of April 11,2022 Num  Type Bill Total Public Management, INC Purchase Power Bill Total Purchase Power Quill Corporation Bill Bill Total Quill Corporation Republic Services Bill Total Republic Services Texas Municipal League Bill Bill Total Texas Municipal League Texas Tank Services Bill Total Texas Tank Services The CTE Brannon Corporation Bill Pmt -Check BillF Pmt -Check Bill Pmt -Check Billl Pmt -Check Total The CTE Brannon Corporation Underground Utility Supply Credit Bill Bill Bill Bill Bill Bill Bill Bill TOTAL  Date  Due Date Aging Open Balance  01/20/2022 ARPA... 02/28/2022 03/16/2022 Feb2.. 04/15/2022 03/10/2022 Inv. 23.. 04/09/2022 03/23/2022 Inv23... 04/22/2022 03/26/2022 Inv 00... 04/05/2022 04/01/2022 2022- 04/11/2022 04/05/2022 Memb. 04/15/2022 04/01/2022 Inv 3033 04/16/2022 04/27/2021 1005 06/02/2021 1009 08/20/2021 1011 03/10/2022 1015 02/15/2022 CR24... 11/30/2021 Inv. 24... 12/30/2021 12/13/2021 Inv 24... 01/12/2022 12/28/2021 Inv 24... 01/27/2022 01/04/2022 Inv. 24... 02/03/2022 01/10/2022 Inv 24... 02/09/2022 01/31/2022 Inv 24... 03/02/2022 01/31/2022 Inv 24... 03/02/2022 01/31/2022 Inv-24... 03/02/2022  42  1,800.00 -10,200.00 137.37 137.37 86.97 286.90 373.87 4,652.28 4,652.28 7,597.75 591.00 8,188.75 2,832.17 2,832.17 -5,450.00 -2,050.00 -4,100.00 ? -3,525.00 -15,125.00 -2,048.00 255.92 330.34 597.60 192.83 1,182.10 128.96 505.38 70.00 1,215.13 -47,183.35  2  6  102 89 74 67 61 40 40 40  Total Underground Utility Supply  0 8 2 : 5 CO 0 - 0 & 0 5 0 5    V 0 CV 1  N / 3 2 o  & / CO 5 N 2V 0 2 5 No 3 & 5 8 N M 0o 8 CV / co 2 1 C  O  0 y 00 1 NO CV  5 o  3 0 o  o 00 8 CU  CV c N o 0 5  9 2 1O 0 j 3 N) 3 0 0 8 - 0 8  6 9 CU CO  ( 3    3:37 PM 04/11/22 Accrual Basis  City of Cumby Profit & Loss October 2021 through March 2022  Oct'21- Mar 22  Ordinary Income/Expense Income Public Grant Funds Subdivision Fees PD Fines Interest Earned Misc Revenues- Utility Property Sale Public Safety Department Accident Report Training Total Public Safety Department Tax & Franchise Fees Property Tax Sales Tax Tax &F Franchise Fees- Other Total Tax & Franchise Fees Water- Sewer Garbage Revenue Late Fee Sales Tax Collected Service Fee Collected Sewer Revenue 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 Firel Dpt utilities Late Fees & 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 Technology Telephone Utilities  34,143.05 990.00 298,724.12 8.60 750.00 14,700.00 40.00 725.85 765.85 53,630.00 34,264.41 4,083.53 91,977.94 17,968.48 2,971.97 1,515.49 70.00 27,274.78 240.00 51,038.40 51,278.40 496.47 101,575.59 3,109.60 546,744.75 546,744.75 168.00 39,075.50 -0.01 0.00 1,526.60 56.00 831.85 4,423.34 9,162.44 2,525.00 62.50 1,290.99 144.84 3,840.81 192.69 2,961.44 995.95 266.09 61.99 4,440.76 620.60 28,333.42  Page 1    3:37 PM 04/11/22 Accrual Basis  City of Cumby Profit & Loss October 2021 through March 2022  Oct' '21- Mar 22  Total Administration 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 Total Park Improvements Payroll Expenses PENSION EXPENSE 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 Total Police Department Total Public Safety Public Works Debris Cleanup Street Repair  61,737.31 200.00 69,975.50 70,175.50 312.48 34,351.69 1,306.48 1,600.00 661.61 230.90 1,020.00 5,500.00 43,864.34 2,829.40 1,436.83 100.00 25,320.13 -72.62 118,461.24 33.98 1,606.25 1,640.23 11,348.48 218,362.30 229,710.78 0.00 150.00 5.00 9,918.49 1,047.86 184.50 12,485.93 17,370.00 2,516.51 167.48 13,265.07 40.63 541.34 1,647.74 78.00 22.43 78.19 20,320.13 -4.07 79,685.23 79,835.23 650.00 2,775.00  Page 2    3:37 PM 04/11/22 Accrual Basis  City of Cumby Profit & Loss October 2021 through March 2022  Oct' '21 Mar 22  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 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  3,425.00 30.42 125.59 164.58 12.00 336.85 866.00 71.96 550.00 1,000.00 227.99 31.98 1,102.70 2,253.29 786.49 0.00 972.60 28,971.62 426.92 125.00 26,037.47 44.80 1,154.83 5,141.12 2,963.45 1,088.60 2,621.28 1,211.35 834.75 982.00 18.80 84,176.93 1,681.16 165,856.52 770,241.31 -223,496.56 -223,496.56  Page 3    PubcLC wORkS  MatCh2022- APRI2028  * Dally RoutiNES  BEPD WELIS DaLL4 Pump CHELEs and. dOCWRINSAILEN CAK Ch lorinE  Rasiduals Check WATER, DOrEC 002t st. Por  LIPAStaNlOnS an wwTP  CAeN bac Screen an documNt RPalf 4 (nch woter Main Cort ractor  into,  Cbst to bambboo Road + -30  Kuft Hoson obout Leak DDOmil  Flishmakcrial Lis an workI e oW Permet  Landneath D755 epPY 4Do B tock Locale Cuat6e Lint for  TRS rto (e  PhpP Dap. Wales  SEWER  APPY 03 houes oW Reports for Cuty  Couvel.  -3 fof meter's  Gidecator Rm. *waStz watsa. Cleon up at Rlawt RPR2 DRe E et.Sewzes ee Calledi for Locates-  PIck  New  in Pump foc LISA  Ran Lintow. list. an ERiscO Loo& 19 For collapse  Gehertor PM. * woRk  Orders.  Compleled 30 Darly wor & Ofdefs  Metef won K DCder   UDEK ofoecs Isssued throus cty Hall DDw + weed eat. Green LL Slat Mt R.LIF slal  Lell +3+4+5  WOPKIAs Oh sewer Plowt tOcay FLush ualves' +Docunaxtahox  Lecl nuesfonao E Locates OA Barker St    D2+2 RePert for Cuty. Cowell  Pof.MoAHh of marche  2G3 - Read pelers  356  RG3 Www. Read mekers  5.L  monual Reals Linwwta)  84  regsH  30  Duplcak  Accowwt  d- MIL.  hurehes  H-N Nobills  1  Agrch L to mpcch3.  M Pepairek meker  cchs Thock Neey to loe deleted  a  adio Reads that ARI Pcuta manual  S - MEtERS  6 ? 6  accnt That afe ov LIStEuN Read.  FYI  4-7-2219  hy fa) +- ab la    ETYOF* CUMBY 1856)  Cumby Police Department March 2022 Activity Report  Calls for Service Warning Citations Citations  253 64 68 133 3 1 9 3  Total Traffic Contacts Crash Reports Incident Reports Offense Reports Arrests  We still have 2 fulltime Police Officer vacancies Interviews are scheduled for this week  The numbers on this monthly report are mnaccurate due to the loss ofservice by AT&T for 3G network and hotspot capability. New  hotspot cards are due in any day now.  C Officers are using personal cell phones as hotspots in order to use some ofour electronic capabilities and ease the load on  the court.  Awaiting updated list ofactive city ordinances, several residences  have been observed for possible violations.    Two patrol vehicles that have been in the shop, are now back and will be placed into active duty soon. This will allow for some much-needed maintenance on remaining vehicles.  Iwas able to save a lot ofmoney by getting some equipment National Night Out packet has arrived, and we are registered again for this year. Amanda Horne has agreed to assist with this again andI expect it to be an even larger success than last year.  donated to us by my agency contacts.  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 Maych 022DATE RANGE 3.1-3.38 : 2043  monhhly  TOTAL OF ONLINE PAYMENTS = 41,834.12  TOTAL OF MONEY ORDERS= TOTAL PAYMENTS=  13,1340.40 2a887 583.30  54,900.54  ( GHS S STATE OMNI  SECURITY TECHNOLOGY  8,805.44  Ja, 990.85  313.0l0 498.03 9.91  JUVY/TRUANCY FUND  J JURY FUND  - TRANSFERABLE TO GENERAL 19,308.4L  =DEPOSIT TO GENERAL 11,925.33 =% 5L.le 9o  TOTAL DEPOSIT= 31,133.109  PROCESSED 34  DATE 4.1.2025  Bohore    CITY OF CUMBY BUILDING PERMIT: REPORT APRIL 12,2022  1. Commercial Building Permit Issued: Our agent for BV had surgery which put City behind on tracking this project. We spent time tracking; discussing the project with BV Plan personnel; and a. BVi issued follow-up and requirements outstanding to builder 03/28/2022. Remaining Permits to bei filed: Mechanical, Electrical, Plumbing, and other finish-out per information communicated to owner/ /builder. Code Enforcement as well as Maintenance will continue to watch this project as it progresses.  then catching the actual newly assigned inspector up to date.  2. Residential Permit:  a. Residential Permit Packet provided to: Mr. Sergio Mendez. He submitted building plans (one copy and will bring another), completed the application and will send inl his MEP Contractors to complete permit forms. Permit Package fee pending ($50.00) b. Residential Permit Packet provided to: Ms. Cindy Makovicke, purchased the 228 Commerce property (old ag farm area); plans are to build al Bardominium; Residential Permit Packet provided for Remodelscheduled. at 401 Mill Street, City of  Cumby  3. Contractor Registration: 4. Many calls:  a. Received one complete package for Electrical Engineer a. permits that City of Cumby does not yet have in place:  Boring Permit: Right ofway for Spectrum contractor(s) laying fiber cable (nothing needed as they had permits from State /I Federal. ii. Solar Panel: Instructed them to use 2015 ICC International Building Code b. Determine location of5 properties (city or not city) to then relay information as to City  Electrical requirements (minimum)  Limits or not City Limits.  i. Maintenance has assisted in this and responded to Work Orders tracking down  "where locations are"  5. Process:  a. Prepared ai new Contractor Registration Form (attached)  *Time requirement on City Secretary is increasing and now at approximately one-day (+-) each week. I will track and keep City Council apprised as to time requirement as these continue to increase.    SHNOH/NVW  39VsnE HELVM  A8GNVIS/ /NOLV9IISIANI) E  VAWI 3 8o 8  1VDIQIWI  9 E  IHH a8nionaIs) 4 5 4  31 JVD 1 - o  E8I SSVHS E 9 1A  39VIHDV 5 1 5 DE 3 -  ALNNOD 5 ee  ALID F D9    EXECUTIVE SESSION    OLD BUSINESS    Notes for City Council regarding Surety Bond cost  April 12, 2022  Recommend: $10,000 (minimum) The $10K is the lowest bond that can be purchased. The surety bond: must be on the individual-I not on1 the "position"  The annual cost is based on face value; example $501 for $10K; $1000 for $I00K. The total costi is less iftaken out The surety bond covers the city as well as the individual against fines, wrongful acts, competent performance, Should an employee leave during coverage, the policy can of course be terminated; the city would receive a refund on remaining coverage (ifany); and a new bond issued on the nexti individual taking the position.  fori multiple years. performance issues.  NOTARY:  Al Notary Public is a public servant with statewide jurisdiction who is authorized to take acknowledgments, protest instruments permitted by law tol bej protested (primarily negotiable instruments and bills and notes), administer oaths, take depositions, and certify copies of documents not recordable in the public records. Al Notary Public is personally liable for negligence or fraud in the performance of the duties of the office. The bond is toi insure that the person injured can recover at least $10,000.00, but this does not protect the Notary Public from personal liability for thei full extent of damages caused by al breach of official duty. In addition to civil liability, Notaries Public: may be: subject to criminal prosecution and the revocation or A public official bond guarantees the honesty and faithful performance ofaj public official's duties as prescribed by law or regulation, including thel honest account ofall monies entrusted to the official according tot the law. Public Official bonds are generally for thej protection of the taxpayers and the penalty or amount oft thel bond should be adequate to protect these interests. In the event that those duties are not fulfilled, the obligation to indemnify thej public for any loss, regardless ofhow the loss occurred, rests solely upon the Public Official, to the point of pledging all ofh his or her personal assets. Itis only when the Public Official fails to meet this obligation that the surety is exposed to loss. The key areas ofbond obligation revolve around Competent Performance, Wrongful Acts and Responsibility for acts of These bonds assure ther recovery off fines, fees, and or expenses, levied by state regulators for non-compliance with state regulations and ordinances. These bonds also assure recovery of losses incurred, that result from a Unlike an insurance policy, the bond does not step in and pay losses for you. Thel bond guarantees that you will be able toj pay any losses up to the face amount oft the bond. The bond will only payi in your stead in the  suspension of their notary public commission' by the Secretary of State's office.  PUBLIC OFFICIAL:  subordinates  public official's non-compliance with these regulations.  event that you are financially unable toi meet your obligations.  Respectfully submitted, Betty. Jo Hardman City Secretary    CITY ORDINANCE NO. 0-2022-04-005  AN ORDINANCE OF THE CITY COUNCIL OF CUMBY, TEXAS AMENDING ORDINANCES 0-2022-02-005 ESTABLISHING A MUNICIPAL COURT LOCAL TRUANCY PREVENTION AND DIVERSION FUND AND A MUNICIPAL COURTJURY FUND; AND ORDINANCE 2002-4 ESTABLISHING A MUNICIPAL COURT TECHNOLOGY FUND; BY COMBINING ALLMUNICIPAL COURT FUNDS INTO ONE ORDINANCE, ORDINANCE 0-2022-04-005 TO INCLUDE: A MUNICIPAL COURT LOCAL TRUANCY PREVENTION AND DIVERSION FUND, A MUNICIPAL COURT JURY FUND; A MUNICIPAL SECURITY FUND (established November 2006); A MUNICIPALSTATE FUND (established November 2006); AND, A MUNICIPAL TECHNOLOGY FUND (established November 2006);; PROVIDING FOR SEVERABILITY; PROVIDING  FOR PUBLICATION AND EFFECTIVE DATE  WHEREAS, Article 134.103 of the Texas Local Government Code provides for the treasurer to allocate the court costs received under this section to the following accounts and funds SO that each receives to the extent practicable, utilizing historical data as applicable, the same amount of money the account or fund would have received ifthe court costs for the accounts and funds had been collected and reported separately, except that the account or fund may not receive less than the following percentages: a courthouse security fund or municipal court security fund 35%, as appropriate; the local truancy prevention and diversion fund 35.7143%; the justice court technology fund or municipal court technology fund, as appropriate 28.5714%, and the county or  municipal jury fund, as appropriate 017143%.  NOWTHEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CUMBY, SECTION 1. Establishment of a Municipal Court Truancy Prevention and Diversion Fund, al Municipal Jury Fund, a Municipal Security Fund, a Municipal State Fund and a Municipal Technology Fund. This Ordinance is hereby approved to establish and/or retain existing Municipal Court' Truancy Prevention and Diversion Fund, a Municipal Jury Fund, a Municipal Security Fund (established November 2006), a Municipal State Fund (established November 2006) and a Municipal Technology Fund (established November 2006), pursuant to Section 134.103 ofTexas  TEXAS:  Statutes.  Ordinance 0-2022-04-005  April 12,2022    SECTION2. Designated Use of Fund(s) and Administration. The Funds shall be used only for the purpose of Truancy Prevention and Diversion matters, Jury matters, Municipal Security matters, Municipal State matters and Municipal Technology matters respectively. Council of the City of Cumby, Texas and may at their discretion be deposited into interest bearing  The Fund(s) shall be administered by or under the direction of the City  account(s), unless otherwise directed by law.  SECTION3. Severability. If any provision, section, subsection, sentence, clause or phrase of this ordinance, or the application of same to any person or set circumstances for any reason is held tol be unconstitutional, void or invalid or for any reason unentorceable, the validity of the remaining portions of this Ordinance or the application thereby shall remain in effect, it being the intent of the City Council of the City of Cumby, Texas in adopting this ordinance, that no portion thereof or provision contained herein shall become inoperative or fail by any reason of  unconstitutionality or invalidity of any portion or provision.  SECTION4. Publishing and Effective Date. City Ordinance 0-2022-04-005 shall be in full force and effect on April 12, 2022, in accordance with the provisions of the Texas Statutes  Section 134.103.  SECTION5. Open Meetings. It is hereby officially found and determined that the meeting in which this Ordinance is passed was open to thej public as: required and that public notice oft the time, place and purpose of said meeting was given as required by the Open Meetings Act.  PASSED and APPROVED by the City Council of the City of Cumby the  day of  2022.  Douglas Simmerman, Mayor  Betty Jo Hardman, City Secretary APPROVED as to FORM  Charles Anderson, City Attorney  Ordinance 0-2022-04-005  April 12,2022    3/31/22, 3:44 PM  LOCAL GOVERNMENT CODE CHAPTER 134. CRIMINAL FEES PAYABLE TO LOCAL GOVERNMENT  LOCAL GOVERNMENT CODE TITLE 4. FINANCES  SUBTITLE C. FINANCIAL PROVISIONS APPLYING TO MORE THAN ONE TYPE OF LOCAL  GOVERNMENT  CHAPTER 134. CRIMINAL FEES PAYABLE TO LOCAL GOVERNMENT  SUBCHAPTER A. GENERAL PROVISIONS  Sec. 134.001. PURPOSE. The purpose of this chapter is to consolidate  and standardize collection of fees payable to a local government in  criminal matters by: treasuryi or  (1) an officer of a court for deposit in a county or municipal (2) an officer of a county or municipality for deposit in the  county or municipal treasury, as appropriate.  Added by Acts 2019, 86th Leg., R.S. Ch. 1352 (S.B. 346), Sec. 1.05, eff.  January 1, 2020.  Sec. 134.002. DEFINITIONS. (a) In this chapter:  (1) "Fee" means a criminal fee listed under Section 134.003. (2) Treasurer" means the custodian of money in a municipal or (b) In this chapter, a person is considered to have been convicted in (1) a judgment, a sentence, or both a judgment and a sentence are (2) the person receives community supervision, deferred  county treasury, as appropriate.  a case if:  imposed on the person;  adjudication, or deferred disposition; or  (3) the court defers final disposition of the case or imposition  of the judgment and sentence.  Added by Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 1.05, eff.  January 1, 2020.  Sec. 134.003. CRIMINAL FEES. This chapter applies to the criminal  fees imposed under Sections 134.101, 134.102, and 134.103.  tps/lsiatules.captiolesasgpwDoc.ohtm/G.134.hm  1/6    3/31/22,3:44F PM  LOCAL GOVERNMENT CODE CHAPTER 134. CRIMINAL FEES PAYABLE TOL LOCAL GOVERNMENT  Added by Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 1.05, eff.  January 1, 2020.  SUBCHAPTER B. COLLECTION AND REMITTANCE OF LOCAL CRIMINAL FEES Sec. 134.051. COLLECTION, REMITTANCE, AND DEPOSIT OF FEES. (a) A court clerk shall collect and remit to the county or municipal treasurer, as applicable, all fees in the manner provided by this section.  (b) An officer collecting a fee in a case in municipal court shall remit the money to the municipal treasurer for deposit in the municipal  treasury.  (c) An officer collecting a fee in a justice, county, or district court shall remit the money to the county treasurer for deposit in the  county treasury.  (d) A court clerk collecting a fee shall remit the money to the municipal or county treasurer, as applicable, for deposit in the municipal Added by Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 1.05, eff.  or county treasury, as appropriate.  January 1, 2020.  Sec. 134.052. ALLOCATION OF DEPOSITED FEES. (a) Money collected under Subchapter C as court costs imposed on offenses committed on or after January 1, 2020, shall be allocated according to the percentages provided  by Sections 134.101, 134.102, and 134.103, as applicable.  (b) Money collected under Subchapter C as court costs imposed on offenses committed before January 1, 2020, shall be distributed using historical data sO that each account or fund receives the same amount of money the account or fund would have received if the court costs for the accounts and funds had been collected and reported separately. Added by Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 1.05, eff.  January 1, 2020.  SUBCHAPTER C. LOCAL CRIMINAL FEES  Sec. 134.101. LOCAL CONSOLIDATED FEE ON CONVICTION OF FELONY. (a) A person convicted of a felony shall pay $105 as a court cost, in addition to  all other costs, on conviction.  (b) The treasurer shall allocate the court costs received under this section to the following accounts and funds sO that each receives to the  htps/Istatules.capto.lexasgowDosLG/nt/LG.134.htm  2/6    3131/22,3:44PM  LOCAL GOVERNMENT CODE CHAPTER 134. CRIMINAL FEES PAYABLE TOLOCAL GOVERNMENT  extent practicable, utilizing historical data as applicable, the same amount of money the account or fund would have received if the court costs for the accounts and funds had been collected and reported separately, except that the account or fund may not receive less than the following  percentages:  (1) the clerk of the court account (2) the county records management and  38.0953 percent; 23.8095 percenti 0.9524 percent; 9.5238 percent; 3.8095 percent; and 23.8095 percent.  preservation fund  (3) the county jury fund  (4) the courthouse security fund  (5) the county and district court technology  fund  (6) the county specialty court account  Added by Acts 2019, 86th Leg., R.S. Ch. 1352 (S.B. 346), Sec. 1.05, eff.  January 1, 2020.  Sec. 134.102. LOCAL CONSOLIDAIED FEE ON CONVICTION OF CLASS A OR B MISDEMEANOR. (a) A person convicted of a Class A or Class B misdemeanor shall pay $123 as a court cost, in addition to all other costs, on  conviction.  (b) The treasurer shall allocate the court costs received under this section to the following accounts and funds sO that each receives to the extent practicable, utilizing historical data as applicable, the same amount of money the account or fund would have received if the court costs for the accounts and funds had been collected and reported separately, except that the account or fund may not receive less than the following  percentages:  (1) the clerk of the court account (2) the county records management and (3) the account for prosecutor's fees  32.5203 percenti 20.3252 percenti 16.2602 percent;  preservation fund  htps/istalutes.capiolesasgpwDoci.cLG/ntm/_6G.134.htm  3/6    3/31/22,3:441 PM  LOCAL GOVERNMENT CODE CHAPTER 134. CRIMINAL FEES PAYABLE TOL LOCAL GOVERNMENT  (4) the county jury fund  0.8130 percent; 8.1301 percent; 3.2520 percent; 2.4390 percent; and 16.2602 percent.  (5) the courthouse security fund  (6) the county and district court technology (7) the court reporter service fund (8) the county specialty court account  fund  Added by Acts 2019, 86th Leg., R.S.. Ch. 1352 (S.B. 346), Sec. 1.05, eff.  January 1, 2020.  Sec. 134.103. LOCAL CONSOLIDATED FEE ON CONVICTION OF NONJAILABLE MISDEMEANOR. (a) A person convicted of a nonjailable misdemeanor offense, including a criminal violation of a municipal ordinance, shall pay $14 as a  court cost, in addition to all other costs, on conviction.  (b) The treasurer shall allocate the court costs received under this section to the following accounts and funds sO that each receives to the extent practicable, utilizing historical data as applicable, the same amount of money the account or fund would have received if the court costs for the accounts and funds had been collected and reported separately, except that the account or fund may not receive less than the following  percentages:  (1) the courthouse security fund or municipal (2) the local truancy prevention and diversion (3) the justice court technology fund or  35 percent; 35.7143 percenti 28.5714 percent; and 0.7143 percent.  court building security fund, as appropriate  fund  municipal court technology fund, as appropriate  (4) the county or municipal jury fund, as  appropriate  Added by Acts 2019, 86th Leg., R.S. Ch. 1352 (S.B. 346), Sec. 1.05, eff.  January 1, 2020.  SUBCHAPTER D. ALLOCATION AND USE OF CERTAIN CRIMINAL FEES  htps.istatutes.capiolevasgowDocat.om1.G.134.hm  4/6    3/31/22,3:441 PM  LOCALGOVERNMENT CODE CHAPTER 134. CRIMINAL FEES PAYABLE TOLOCALG GOVERNMENT  Sec. 134.151. MAINTENANCE OF FUNDS AND ACCOUNTS. (a) A county or municipal treasurer, as applicable, shall maintain in the county or municipal treasury a fund or account to which money is allocated under Section 134.101, 134.102, or 134.103, to the extent that the fund or account is not required by other law. Money in an account maintained under this section may be used only for the purposes provided by this subchapter. (b) An account or fund maintained under this section in a county treasury may be administered by or at the direction of the county  commissioners court. January 1, 2020.  Added by Acts 2019, 86th Leg., R.S.y Ch. 1352 (S.B. 346), Sec. 1.05, eff.  Sec. 134.152. CLERK OF THE COURT ACCOUNT. Money allocated under Section 134.101 or 134.102 to the clerk of the court account maintained in the county treasury as required by Section 134.151 may be used by a county only to defray costs of services provided by a county or district clerk. Added by Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 1.05, eff.  January 1, 2020.  Sec. 134.153. COUNTY SPECIALTY COURT ACCOUNT. Money allocated under Section 134.101 or 134.102 to the county specialty court account maintained in the county treasury as required by Section 134.151 may be used by a county only to fund specialty court programs established under Subtitle K, Added by Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 1.05, eff.  Title 2, Government Code.  January 1, 2020.  Sec. 134.154. COUNTY OR MUNICIPAL JURY FUND. Money allocated under Section 134.101, 134.102, or 134.103 to the county or municipal jury fund maintained in the county or municipal treasury, as applicable, and as required by Section 134.151 may be used by a county or municipality only to fund juror reimbursements and otherwise finance jury services. Added by Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 1.05, eff.  January 1, 2020.  Sec. 134.155. COUNTY RECORDS MANAGEMENT AND PRESERVATION FUND. Money allocated under Section 134.101 or 134.102 to the county records management  hitps.istatutes.capiolevasgowDocs.dmtmlG.134.htm  5/6    3/31/22,3:44F PM  LOCALGOVERNMENT CODE CHAPTER 134. CRIMINAL FEES PAYABLE TO LOCAL GOVERNMENT  and preservation fund maintained in the county treasury as required by Section 134.151 may be used by a county only to fund records management and Added by Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 1.05, eff.  preservation services performed by the court clerk.  January 1, 2020.  Sec. 134.156. LOCAL TRUANCY PREVENTION AND DIVERSION FUND. (a) Money allocated under Section 134.103 to the local truancy prevention and diversion fund maintained in the county or municipal treasury as required by Section 134.151 may be used by a county or municipality to finance the salary, benefits, training, travel expenses, office supplies, and other necessary expenses relating to the position of a juvenile case manager employed under Article 45.056, Code of Criminal Procedure. If there is money in the fund after those costs are paid, subject to the direction of the governing body of the county or municipality and on approval by the employing court, a juvenile case manager may direct the remaining money to be used to implement programs directly related to the duties of the juvenile case manager, including juvenile alcohol and substance abuse programs, educational and leadership programs, and any other projects designed to prevent or reduce the number of juvenile referrals to the  court.  (b) Money in the fund may not be used to supplement the income of an  employee whose primary role is not that of a juvenile case manager. Added by Acts 2019, 86th Leg., R.S.. Ch. 1352 (S.B. 346), Sec. 1.05, eff.  January 1, 2020.  Sec. 134.157. ACCOUNT FOR PROSECUTOR'S FEES. Money allocated under Section 134.102 to the account for prosecutor's fees maintained in the county treasury as required by Section 134.151 may be used by a county only Added by Acts 2019, 86th Leg., R.S. Ch. 1352 (S.B. 346), Sec. 1.05, eff.  to defray the costs of services provided by a prosecutor.  January 1, 2020.  htps.istatutes.capliolvasgowDoci.cntmlL6.134.htm  6/6    NEW BUSINESS    RESOLUTION R-2022-04-1002  Al RESOLUTION MADE BY THE CITY COUNCIL OF THE CITY OF CUMBY TEXAS AUTHORIZING DAUGHTERS OF BLACKJACK GROVE TO INSTALL AJ PERMANENT STAGE IN THE CITY PARK OF THE CITY OF CUMBY  WHEREAS, Daughters of Blackjack Grove is a 501c3 community organization holds two to three events each year raising funds in support oft the City Park, City of Cumby; WHEREAS, the City Council oft the City of Cumby recognizes that it would be an attribute to add permanent stage to the City of Cumby City Park, creating a permanent space  for all events scheduled to hold and is an asset for city residents; NOW, THEREFORE, BE IT RESOLVED:  1. The City Council oft the City of Cumby authorizes the Daughters of Blackjack Grove to design and have constructed aj permanent (metal) stage in the City Park, City of 2. The City Council oft the City of Cumby understands that the Daughters ofl Blackjack Grove will hire, pay and work with a contractor to ensure sound construction and 3. The final Building Design of the permanent (metal) stage will be submitted to City of  Cumby;  installation ofthe permanent metal stage; and  Cumby City Council for review and approval prior to construction. PASSED AND APPROVED by the City Council oft the City of Cumby this the  day  2022.  Douglas Simmerman, Mayor  ATTESTED:  Betty Jol Hardman, City Secretary  Resolution: R-2022-04-1002  April 12, 2022    ORDINANCE, NO: 0-2022-04-003  AN ORDINANCE OF THE CITY COUNCIL OR THE CITY OF CUMBY TEXAS GRANTING TO ATMOS ENERGY CORPORATION, A TEXAS AND VIRGINIA CORPORATION, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO CONSTRUCI, MAINTAIN, AND OPERATE PIPELINES AND EQUIPMENT IN THE CITY OF CUMBY, HOPKINS COUNTY, TEXAS, FOR THE TRANSPORTATION, DELIVERY, SALE, AND DISTRIBUTION OF GAS IN, OUT OF, AND THROUGH SAID CITY FOR ALL PURPOSES; PROVIDING FOR THE PAYMENT OF A FEE OR CHARGE FOR THE USE OF THE PUBLIC RIGHTS-OF-WAYS; AND PROVIDING THAT SUCH FEE SHALL BE IN LIEU OF OTHER FEES AND CHARGES, EXCEPTING AD VALOREM TAXES; AND REPEALING ALL PREVIOUS GAS FRANCHISE  ORDINANCES.  BEI ITORDAINED BY THE CITY COUNCIL OF THE CITY OF CUMBY, TEXAS:  SECTION 1. GRANT OF AUTHORITY: The City of Cumby, Texas, hereinafter called "City," hereby grants to Atmos Energy Corporation, Mid-Tex Division, hereinafter called "Atmos Energy," its successors and assigns, consent to use and occupy the present and future streets, alleys, highways, public utility easements, public ways and other public places ("Public Rights-of-Way"), for the purpose of laying, maintaining, constructing, protecting, operating, and replacing therein and thereon pipelines and all other appurtenant equipment (the "System") to deliver, transport, and distribute gas in, out of, and through City for persons, firms, and corporations, including all the general public, and to sell gas to persons, firms, and corporations, including all the general public, within the City corporate limits, as such limits may be amended from time to time during the term oft this franchise, said consent being granted for  at term ending December 31,2047.  SECTION 2. CONSTRUCTION. MAINTENANCE. OPERATION & RELOCATION OF  ATMOS ENERGY FACILITIES:  A. Atmos Energy shall lay, maintain, construct, operate, and replace its pipes, mains, laterals, and other equipment to minimize interference with traffic, place or cause to be placed appropriate barriers to mark excavations or obstructions, and restore to approximate original condition all Public Rights-of-Way that it may disturb. In determining the location of the facilities oft the City and other users of Public Right-of-Way within City, City shall minimize interference with then existing facilities of Atmos Energy and shall require other users of Public Rights-of-Way to minimize interference with existing facilities of Atmos Energy. In the event ofa conflict between the location of the proposed facilities of Atmos Energy and the location of the existing facilities of City or other users of Public Rights-of-Way within Public Rights-of-Way that cannot  Cumby Gas Franchise Page 1    otherwise be resolved, City or an authorized agent ofCity shall resolve the conflict and determine  the location oft the respective facilities within the Public Rights-of-Way.  Atmos Energy or contractors working on behalf of Atmos Energy shall not be required to pay for street cutting, street excavation or other special permits related to excavations in Public Rights-of- Way in connection with Atmos Energy's operations in Public Rights-of-Way. City shall provide Atmos Energy with its annual capital improvements plan as well as any updates or changes as soon as thej plan, update, or change becomes available. City shall notify Atmos Energy as soonas reasonably possible of any projects that will affect Atmos Energy's facilities located in the Public Rights-of-Way. When required by City to remove or relocate its mains, laterals, and/or other facilities lying within Public Rights-of-Way, Atmos Energy shall do sO as soon as practically possible with respect to the scope of the project. In no event shall Atmos Energy be required to remove or relocate its facilities in less than thirty (30) days from the time notice is given to. Atmos  Energy by City.  B. IfCity, in constructing its sewers, drainage, water lines, streets, or utilities, should request that Atmos Energy remove or relocate its mains, laterals, and other facilities lying within Public Rights-of-Way, Atmos Energy shall do sO at its own expense for facilities that are in conflict, unless such work is for the primary purpose of beautification or to accommodate a private developer. Facilities are deemed to be in conflict to the extent that the proposed City facilities are determined by Atmos Energy to be inconsistent with gas distribution industry standard safe operating practices for existing facilities. Atmos Energy shall not be required to relocate facilities toac depth of greater than four (4): feet unless prior agreement is obtained from Atmos Energy. When Atmos Energy is required by City to remove or relocate its mains, laterals, and other facilities lying within Public Rights-of-Way to accommodate a request by City, and costs of utility removals or relocations are eligible under federal, state, county, local or other programs for reimbursement of costs and expenses incurred by Atmos Energy as a result of such removal or relocation, and such reimbursement is required to be handled through City, Atmos Energy costs and expenses shall be included in any application by City for reimbursement if Atmos Energy submits its cost and expense documentation to City prior to the filing oft the application. City shall provide reasonable written notice to Atmos Energy of the deadline for Atmos Energy to submit documentation of the costs and expenses of such relocation to City. In the event that the City does not provide sufficient written notice to Atmos Energy as set forth in this paragraph, the City  Cumby Gas Franchise - Page 2    shall be responsible for fifty percent (50%) of the cost of the removal or relocation of Atmos  Energy's facilities.  If Atmos Energy is required by City 0 remove or relocate its mains, laterals, or other facilities lying within Public Rights-of-Way for any reason other than the construction or reconstruction of sewers, drainage, water lines, streets or utilities by City, Atmos Energy shall be entitled to reimbursement from City or others oft the cost and expense ofs such removal or relocation. When Atmos Energy is required to remove or relocate its mains, laterals or other facilities to accommodate construction by City without reimbursement from City, Atmos Energy shall have the right to seek recovery of relocaticn costs as provided for in applicable state and/or federal law. Nothing herein shall be construed to prohibit, alter, or modify in any way the right of Atmos Energy to seek or recover a surcharge from customers for the cost of relocation pursuant to applicable state and/or federal law. City shall not oppose recovery of relocation costs when Company is required by City to perform relocation. City shall not require that Company document request for reimbursement as a pre-condition to recovery ofs such relocation çosts. D.If City abandons any Public Rights-of-Way in which Atmos Energy has facilities, such abandonment shall be conditioned on Atmos Energy's right to maintain its use of the former Public Right-of-Way and on the obligation of the party to whom the Public Right-of-Way is abandoned to reimburse Atmos Energy for all removal or relocation expenses if. Atmos Energy agrees to the removal or relocation ofi its facilities following abandonment of the Public Right-of- Way. If the party to whom the Public Right-of-Way is abandoned requests Atmos Energy to remove or relocate its facilities and Atmos Energy agrees to such removal or relocation, such removal or relocation shall be done within a reasonable time at the expense of the party requesting the removal or relocation. Ifrelocation cannot practically be made to another Public Right-of-Way, the expense of any right-of-way acquisition shall be considered a relocation  expense to be reimbursed by the party requesting the relocation.  SECTION 3. INDEMNITY & INSURANCE: In the event ofi injury to any person or damage to any property by reason of Atmos Energy'sconstruction, operation, maintenance, or replacement of Atmos Energy's pipeline system within Public Rights-0:-Way, Atmos Energy shall indemnify and keep harmless City from any and all liability in connection therewith, except to the extent such injury or damage is attributable to the fault of the City, including, without limitation, the City'sn negligent or intentional acts or  Cumby Gas Franchise Page3    omissions. Atmos Energy's insurance of its obligations and risks undertaken pursuant to this franchise may be in the form of self-insurance to the extent permitted by applicable law, under an Atmos Energy plan ofs self-insurance maintained in accordance with sound accounting and risk-management practices.  SECTION 4. NON-EXCLUSIVE FRANCHISE: The rights, privileges, and franchises granted by this ordinance are. not to be considered exclusive, and City hereby expressly reserves the right to grant, at any time, like privileges, rights, and franchises as it may see fit to any other person or corporation for the purpose of transporting, delivering, distributing, or selling gas to and for City and the inhabitants  thereof.  SECTION 5. PAYMENTSTOCITY  A. Atmos Energy, its successors and assigns, agrees to pay and City agrees to accept, on or before the Ist day ofNovember, 2022, and on or before the same day ofeach succeeding year during the term of this franchise the last payment being made on the 1st day of November, 2047, a sum of money which shall be equivalent to five percent (5%) of the Gross Revenues, as defined in 5.B.  below, received by Atmos Energy during the preceding calendar year.  B.  "Gross Revenues" shall mean:  (1) all revenues received by Atmos Energy from the sale of gas to all classes of customers (excluding gas sold to another gas utility in the City for resale to its customers within  City) within the City;  (2) all revenues received by Atmos Energy from the transportation of gas through the System of Atmos Energy within the City to customers located within the City (excluding any gas transported to another gas utility in City for resale to its customers within  City);  (3) the value of gas transported by Atmos Energy for Transport Customers through the System of Atmos Energy within the City ("Third Party Sales"(excluding the value of any gas transported to another gas utility in City for resale to its customers within City), with the value of such gas to be established by utilizing Atmos Energy's monthly Weighted Average Cost of Gas charged to industrial customers in the Mid-Tex division,  Cumby Gas Franchise- - Page 4    as reasonably near thet time as the transportation service is performed; and  (4) "Gross Revenues" shall also include the following "miscellaneous charges": charges to connect, disconnect, or reconnect gas and charges to handle returned checks from consumers  within the City.  (5) "Gross Revenues" shall not include:  (a) revenues billed but not ultimately collected or received by Atmos  Energy;  (b) contributions in aid of construction; (c) the revenue of any affiliate or subsidiary of Atmos Energy; (d) sales tax and franchise fees paid to the City; (e) interest or investment income earned by Atmos Energy; and (f) monies received from the lease or sale of real or personal property, provided, however, that this exclusion does not apply to the lease of  facilities within the City'sr right of way.  C. The initial payment for the rights and privileges herein provided shall be for the privilege period January 1 through December 31, 2022, and each succeeding payment shall be for the privilege  period oft the calendar year in which the payment is made.  Iti is also expressly agreed that the aforesaid payments shall be in lieu of any and all other and additional occupation taxes, easement, franchise taxes or charges (whether levied as an ad valorem, special, or other character of tax or charge), municipal license, permit, and inspection fees, bonds, street taxes, and street or alley rentals or charges, and all other and additional municipal taxes, charges, levies, fees, and rentals of whatsoever kind and character that Citymay now impose or hereafter levy and collect from Atmos Energy or Atmos Energy's agents, excepting only the usual general or special ad valorem taxes that City is authorized to levy and impose upon real and personal property. If the City does not have the legal power to agree that the payment of the foregoing sums of money shall bei in lieu oft taxes, licenses, fees, street or alley rentals or charges, easement or franchise taxes or charges aforesaid, then City agrees that it will apply sO much of said sums of money paid as may be necessary to satisfy Atmos Energy's  Cumby Gas Franchise- - Page 5    obligations, if any, to pay any such taxes, licenses, charges, fees, rentals, easement or franchise  taxes or charges aforesaid.  D. Effect of Other Municipal Franchise Ordinance Fees Accepted and Paid by Atmos Energy  If Atmos Energy should at any time after the effective date of this Ordinance agree to a new municipal franchise ordinance, or renew an existing municipal franchise ordinance, with another municipality in Atmos Energy's Mid-Tex Division, which municipal franchise ordinance determines the franchise fee owed to that municipality for the use ofi its public rights-of-way ina a manner that, if applied to the City, would result in a franchise fee greater than the amount otherwise due City under this Ordinance, then the franchise fee to be paid by Atmos Energy to City pursuant to this Ordinance may, at the election of the City, be increased SO that the amount due and to be paid is equal to the amount that would be due and payable to City were the franchise fee provisions of that other franchise ordinance applied to City. The City acknowledges that the exercise of this right is conditioned upon the City's acceptance of all terms and conditions of the other municipal franchise in toto. The City may request waiver of certain terms and  Company may grant, in its sole reasonable discretion, such waiver.  E.  Atmos Energy Franchise Fee Recovery Tariff  (1) Atmos Energy may file with the City a tariff or tariff amendment(s) to provide fort the  recovery oft the franchise fees under this agreement.  (2) City agrees that (i) as regulatory authority, it will adopt and approve the ordinance, rates or tariff which provide for 100% recovery of such franchise fees as part of Atmos Energy's rates; (ii) ift the City intervenes in any regulatory proceeding before a federal or state agency in which the recovery of Atmos Energy's franchise fees is an issue, the City will take an affirmative position supporting 100% recovery of such franchise fees by Atmos Energy and; (iii) in the event of an appeal of any such regulatory proceeding in which the City has intervened, the City will take an affirmative position in any such appeals in support oft the 100% recovery ofs such franchise fees by Atmos Energy. City agrees that it will take no action, nor cause: any other person or entity toi take any action, to prohibit the reçovery ofs such franchise fees by Atmos Energy.  (3)  Cumby Gas Franchise - Page 6    F.  Lease of Facilities Within City's Rights-of-Way. Atmos Energy shall have the right to lease, license or otherwise grant to a party other than Atmos Energy the use ofi its facilities within the City's public rights-of-way provided: (). Atmos Energy first notifies the City oft the name of the lessee, licensee or user; the type of service(s) intended to be provided through the facilities; and the name and telephone number ofa contact person associated with such lessee, licensee or user and (ii) Atmos Energy makes the franchise fee payment due on the revenues from such lease pursuant to Section 5 oft this Ordinance. This authority to Lease Facilities within City's Rights- of-Way shall not affect any such lessee, licensee or user's obligation, if any, to pay franchise City shall within thirty (30) days of final approval, give Company notice of annexations and disannexations of territory by the City, which notice shall include a map and addresses, if known. Upon receipt of said notice, Company shall promptly initiate a process to reclassify affected customers into the city limits no later than sixty (60) days after receipt of notice from the City. The annexed areas added to the city limits will be included in future franchise fee payments in accordance with the sales tax effective date of the annexation ifnotice was timely received from City. Upon request from City, Company will provide documentation to verify that affected customers were appropriately reclassified and included for purposes of calculating franchise fee payments. In no event shall the Company be required to add premises for the purposes of calculating franchise payment prior to the earliest date that the same premises are  fees.  G.  added for purposes of collecting sales tax.  SECTION 6. ACCEPTANCE OF FRANCHISE: In order to accept this franchise, Atmos Energy must file with the City Secretary its written acceptance of this franchise ordinance within sixty (60) days after its final passage and approval by City. If such written acceptance of this franchise ordinance is not filed by Atmos Energy, the franchise ordinance shall be rendered null and void.  When this franchise ordinance becomes effective, all previous ordinances of City granting franchises for gas delivery purposes that were held by Atmos Energy shall be automatically canceled and  annulled, and shall be of no further force and effect.  SECTION 7. PARAGRAPH HEADINGS. CONSTRUCTION: The paragraph headings contained in this ordinance are for convenience only and shall in no way enlarge or limit the scope or meaning oft the various and several paragraphs hereof. Both parties have participated in the preparation of  Cumby Gas Franchise- - Page 7    this ordinance and this ordinance shall not be construed either more or less strongly against or for either  party.  SECTION 8. EFFECTIVE DATE: If Atmos Energy accepts this ordinance, it becomes  effective as ofJuly 1,2 2022,  PASSED AND APPROVED on this the  day of  2022.  ATTEST:  Betty. Jo Hardman, City Secretary  Douglas Simmerman, Mayor City of Cumby, Texas  STATE OF TEXAS COUNTY OF HOPKINS CITY OF CUMBY  $ $ $  I,E Betty Jo Hardman, City Secretary of the City of Cumby, Hopkins County, Texas, do hereby certify that the above and foregoing is a true and correct copy of an ordinance passed by the City Council  of the City of Cumby, Texas, at a  session, held on the  day of page  2022, as it appears of record in the Minutes in Book  WITNESS MY HAND AND SEAL OF SAID CITY, this the day of  2022.  Betty. Jo Hardman, City Secretary City ofCumby, Texas  Cumby Gas Franchise- - Page 8    January 31, 2022 City of Cumby 100 East Main Street  WE the residents of the Black Grove Addition, citizens of  Cumby present the City with this petition requesting that once the work on the Cumby School Track is completed M &RI be repaired as promised.  Second M &RI Drive remain a Dead-End Street Third No parking Signs be place along all private property  Fourth a speed limit sign be posted.  Thank you,  Residents of the Black Grove Addition    PETITION REQUEST For Reason for petition 1.M& R Drive be Repaired 2. M&I R Drive remain al Dead End Street 3.NO PARKING SIGNS be placed along all private property 4. Speed Limit Sign be placed on M & RI Dtive  CITY OF CUMBY  #  Printed Name  Address I05 MERDrive, Cymsy O7MRDR Cupby  103 MtR DRIE 161 ME Bay Cbytyy  Signature Shan Riaslfact RS8  - Eb ATAEET  1. ShARON R (arv-Haet 2. Kepospm  3. Msk Pl/AIONi I9mal .Me 4. AaSus STn9g3102 MER2AZWY  5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30.  ACEARHA  DumAr  P-IClaraIeTOD GIGN PRTITION FORM dor    CITY OF CUMBY,TEXAS RESOLUTION NO. R-2022-04-1003  A RESOLUTION OF THE CITY OF CUMBY, TEXAS APPOINTING THE. AUDIT FIRM OF AS THE CITY OF CUMBY'S AUDIT FIRM; AUTHORIZING  TOACTON' 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 act on behalf oft the City of Cumby as its Municipal Auditor;  to  WHEREAS, the City Council recognizes the benefits of designating  oftl the Auditing Firm of  as the  City of Cumby's Municipal Auditor to include liability coverage offered as a result oft the City's NOW THEREFORE, BE: IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF  participation int the Texas Municipal League Intergovernmental Risk Pool;  CUMBY,TEXAS: That  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 the City Council votes otherwise; or their contract is complete. PASSED. AND. APPROVED by a majority oft the ofthe City Council of the City of Cumby,  Texas, this the  day of  2022.  ATTEST:  Douglas Simmerman, Mayor  Betty Jol Hardman, City Secretary  APPROVED as to FORM: Charles Anderson, City Attorney  City of Cumby  Resolution No. R-2022-04-1003  Page lo of1    ORDINANCE NO: 0-2022-04-006  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 of 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 of Cumby 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 SUBMITTIONS AND REVIW AND PERMIT REQUIREMENTS, TERMS AND FEES. The following is hereby adopted as effective and  ofthis Ordinance as if copied int their entirely.  binding in and for the City of Cumby and is incorporated herein for all purposes.  A. ANNUAL CONTRACTORREGISTRATION:  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 of these areas; and must also provide copy ofLicenses (if applicable); along with copy of driver's license and a Certificate  contractors).  ofInsurance (COI).  Fees for all the following are considered to bet the cost ofs service incurred by the City ofCumby, plus 15%  administrative fee Ordinance No. 0-2022-04-006  Page 1of3  April 12, 2022    B. PLAN SUBMISSION AND REVIEW: Residential House Plan and Commercial Plan Review. Two (engineered stamped) copies of Plans must be submitted toi the City ofCumby. 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 thel building inspector prior to issuance oft the requested permit(s). C. MOVING INSPECTION FEE: Before any prevously-constructe, 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 City of Cumby building inspector with ai non-refundable fee as listed above to determine ifthe  structure is structurally sound to move.  D. PERMITS REQUIRED: Permits are required for the following:  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 oft this Ordinance from time to time and will be published as required for  City Ordinances.  ii. NEW COMMERCIAL PERMIT AND COMMERCIAL, REMODEL PERMIT:  1. - 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.  ili. ALTER EXISTING COMMERCIAL STRUCTURE PERMIT: A determination at thet time ofl Plan submission and review willl bei made as to the number of inspections, iv. DEMOLITION PERMIT: No Fee for Residential Demolition (Permit is still required). All 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 above-specific fee shall be doubled to obtain the required permit. Ifa permit is denied, the sign content permit fee will be  and increase, ifany, to cost.  refunded.  E. COST INCREASES: In 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 OF PERMITS: All permits shall be valid fora at term of1 180 days from the date  determined prior to the final inspection.  oft the last inspection or from the date thej permit was issued.  Ordinance No. 0-2022-04-006  Page 20 of3  April 12, 2022    SECTION. 3. PENALIY PROVISION. Any person, firm, corporation or business entity violating this Ordinance shall be deemed guilty ofai misdemeanor, and upon conviction thereof, shall be 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 ofCumby from filing suite to enjoin the violation. The City retains all legal rights and remedies availablei to it pursuant to local, state, and federal laws. SECTION 4. REPEAL OF CONFLICTING ORDINANCES. All Ordinances, or other Policies ofthe 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 oft this 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 ofi full force and effect immediately upon  Ordinance.  the adoption by the City Council.  ADOPTED AND APPROVED on this 12th day of April 2022.  Douglas Simmerman, Mayor  Betty Jol Hardman, City Secretary APPROVED as to Form  Charles Anderson, City Attorney  Ordinance No. 0-2022-04-006  Page 3 of3  April 12,2022    RESOLUTION R-2022-04-1004  A RESOLUTION OF THE CITY COUNCIL OF CITY OF CUMBY, TEXAS ESTABLISHING AN INTEREST-BEARING ACCOUNT FOR FUNDS RECEIVED FROM AMERICAN RECOVERY ACT GRANT PROVIDING FOR SEVERABILITY,PROVIDING FOR PUBLICATION AND EFFECTIVE DATE  WHEREAS, the City Council ofthe City ofCumby recognizes its fiduciary responsibility WHEREAS, 1995 Texas legislature enacted the Public Funds Investment Act, which requires the City Council to adopt a written investment policy. Such policy being Policy  in regard to managing funds for the City of Cumby;  passed by the City Council  NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CUMBY, SECTION1 City of Cumby City will establish an: interest-bearing CD account for funds SECTION2. The term of the CD account will be in 30-60-90 day increments as determined by the City Secretary and the Mayor based on when funds will be required honor  TEXAS:  issued by the federal government in their ARPA Grant;  payments due and payable as associated with approved ARPA "project";  SECTION3. Use of Fund(s) and Administration. The Funds shall be used only for the purpose of items approved under the. American Recovery Act Plan and as agreed to by a quorum  oft the City Council of the City ofCumby; Council oft the City of Cumby, Texas.  SECTION4. The Fund(s) shall be administered by or under the direction of the City SECTION5. Severability. If any provision, section, subsection, sentence, clause or phrase of this ordinance, or the application of same to any person or set circumstances for any reason is held to be unconstitutional, void or invalid or for any reason unenforceable, the validity of the remaining portions of this Ordinance or the application thereby shall remain in effect, it being the intent of the City Council of the City of Cumby, Texas in adopting this ordinance, that no portion thereof or provision contained herein shall become inoperative or fail by any reason of  unconstitutionality or invalidity ofa any portion or provision.  SECTION6. Publishing and Effective Date. Resolution R-2022-04-1003 shall be in full  force and effect on April 12, 2022.  Resolution R-2022-04-1004  April 12, 2022    SECTION7. Open Meetings. It is hereby officially found and determined that the meeting in which this Ordinance: is] passed was open to the public as required and that public notice oft the time, place and purpose of said meeting was given as required by the Open Meetings Act.  PASSED and APPROVED by the City Council ofthe City of Cumby the  day of  2022.  Douglas Simmerman, Mayor  Betty Jo Hardman, City Secretary  APPROVED as to FORM:  Charles Anderson, City Attorney City of Cumby  Resolution R-2022-04-1004  April 12,2022    35/22 Cunal hmfu CINET eirnf  ALLIANCEE BANK CEATARATEOEPEPOSTR: SAVINGS ANDA MONEYMARKETS BRANCHOSBOE EFFECTVEDATE. 090221 MEMBEREDI. CURRENTRATEÉAPY 0.05 0.05 0.05 0.05 0.05 0.05 0.50 0.50  RATES FOR CHECKING ACCOUNTS STAR CLUB CHKING WANT BUS. CHKINGI WANT FREEDOMA ACCT TIEREDA MM BUS. TIERED MM RATESFOR SAVINGS ACCOUNTS VARIABLES SAVINGS SAVINGS MINOR RATESE FOR CERTPCATEOEDFPOSIS 3MOS. 6MOS. 12MOS. 18MOS. 24MOS. 30MOS. 36MOS. 48MOS. 60MOS. RATESF FORA IRA CERTIFICATEQEL DEPOSITS TRADITIONAL RA 12M MOS. 18MOS. 30MOS. 60MOS. ROTHIRA 12MOS. EDUCATIONIRA 12MOS.  aec  FREEDOMA ACCT (onk balances aver $25,000) 0.15 0.15 FREEDOMA ACCT Ofrequiments: aren notmef) 0.10 0.10 RATES FOR BUSINESS ANDF PERSONAL MONEYMARKETACCTS  500. 14,999.99 15,000,00-74.99999 75,000.00- 149,999.99 150,000.0 00-399,9 999.99 400,000.00-4,9999 999.99 5,000,0 000.0OBABOVE  RATE APY RATE APY RATE APY RATE APY RATE 0.10 0.10 0,10 0.10 0.15 0.15 0.20 0.20 0.25 0.10 0.10 0.10 0.10 0.15 0.15 0.20 0.20 0.25  APY 0.25 0.25  RATE 0.40 0.40  APY 0.40 0.40  CURRENTRATEKAPY 0.10 0.10 0.10 0.10 CURRENTRATESAPY 0.10 0.10 0.20 0.20 0.30 0,30 0.35 0.35 0.40 040 0.40 0.40 0A5 0.45 0.45 045 0.55 0.55 GURRENIRATESAPY 0.30 0.30 0.35 0.35 0,40 0,40 0.55 0.55 0.30 0.30 0.30 0.30    RESOLUTION R-2022-04-1007  A RESOLUTION OF THE CITY COUNCIL OF CITY OF CUMBY, TEXAS ESTABLISHING A PERMIT FUND CHECKING ACCOUNT FOR FUNDS RECEIVED IN THE PROCESSING OF COMMERCIAL OR RESIDENTIAL BUILDING PERMIT ACTIVITIES AND PURPOSES; PROVIDING FOR SEVERABILITY, PROVIDING FOR  PUBLICATION AND EFFECTIVE DATE  WHEREAS, the City Council ofthe City ofCumbyrecognizes: its fiduciary responsibility ini regard WHEREAS, Ordinance 2022-02-06 passed by the City Council regulating Building Permits and WHEREAS, this resolution will apply to any future or amended version of Ordinance 2022-02-06  to managing funds for the City of Cumby;  fees attached thereto;  that may be passed by the City of Cumby City Council;  NOW THEREFORE, BEI IT ORDAINED BY THE CITY COUNCIL OF CUMBY, TEXAS: SECTION1 City of Cumby City will establish a Permit Fund Checking Account for funds SECTION2. Use of Fund(s) and Administration. The Funds shall be used only for the purpose ofitems approved under Building Permit Ordinances for the City of Cumby toj pay: fees charged to City of Cumby associated with the permitting process; and as agreed to by a quorum of the City Council oft the  received and associated with the execution of Commercial or Residential permitting;  City of Cumby; the City of Cumby, Texas.  SECTION3. The Fund(s) shall be administered by or under the direction oft the City Council of SECTION4. Severability. Ifa any provision, section, subsection, sentence, clause or phrase of this ordinance, or the application of same to any person or set circumstances for any reason is held to be unconstitutional, void or invalid or for any reason unenforceable, the validity of the remaining portions of this Ordinance or the application thereby shall remain in effect, it being the intent of the City Council of the City ofCumby, Texas in adopting this ordinance, that no portion thereof or provision contained herein shall become inoperative or fail by any reason of unconstitutionality or invalidity of any portion or  provision.  SECTION5. Publishing and Effective Date. Resolution R-2022-04-1006 shall be in full force  and effect on April 12, 2022.  Ordinance 0-2022-04-005  Page 10 of2  April 12, 2022    SECTION6. Open Meetings. It is hereby officially found and determined that the meeting in which this Ordinance is passed was open to the public as required and that public notice ofthe time, place  and purpose ofs said meeting was given as required by the Open Meetings Act.  PASSED and APPROVED by the City Council oft the City of Cumby the 12th day of April,  2022.  Douglas Simmerman, Mayor  Betty. Jol Hardman, City Secretary APPROVED as to FORM:  Charles Anderson, City Attorney  Ordinance 0-2022-04-005  Page 2 of2  April 12, ,2022