Cumby City Council Regular Meeting Agenda Tuesday, January 12, 2020  City Hall - 100 East Main Street, Cumby, Texas  6:30 p.m.  This notice is posted pursuant to the Texas Open Meetings Act. Notice hereby given that the Council of the city of Cumby, Texas will conduct a Regular Meeting on Tuesday, January 12, 2021 City SUPPLEMENTAL NOTICE OF MEETING BY LIVESTREAMITELEPHONE THIS MEETING WILL BE LIMITED TO APPROXIMATELY 10 IN-PERSON ATTENDEES IN ORDER TO MAINTAIN SOCIAL DISTANCING. ALL ATTENDEES MUST HAVE THEIR TEMPERATURE TAKEN, WEAR APPROVED FACIAL COVERINGS PROPERLY (OVER THEIR NOSE AND MOUTH)ATALL TIMES. IFAN ATTENDEE DOES NOT FOLLOW THESE GUIDELINES THE MAYOR OR HIS/HER DESIGNEE WILL ASK THEM TO EXCUSE THEMSELVES FROM THE MEETING. Ina accordance with Order of the Office of the Governor issued March 16th, 2020, the governor has suspended various provisions of the Open Meetings Act pursuant to his state disaster authority, which now authorize the participation of a meeting by live-video stream or telephone. The City of Cumby will conduct the Regular Meeting on Tuesday, January 12, 2021 at 6:30 p.m. at 100 East Main Street, Cumby, Texas, City Council Chambers in part by Livestream in order to advance the public health goal of limiting face-to-face meetings (also called "social distancing") and slow down the  6:30 p.m., at1 100 East Main Street, Cumby, Texas, City Council Chambers.  CONFERENCE:  Coronavirus (COVID-19).  spread of the  Public Link: tpss02web,oom.S/187273985175  Meeting ID: 87273988175  Thej public willl bey permitted to offer comments telephonically as provided by the agenda during Presentation by Citizens. Citizens who want to speak during this period, should sign up to speak prior to the of the meeting by stating their intent and provide Name, Address, and Topic to be addressed. Follow beginning the guidelines under agenda item VI. If unable to participate ini the meeting, you may submit public comments The meeting agenda and agenda packet are posted online at tps/ww.ciyolcumoy.comindexshtm!  by email tos sstanechocumb.con  I. II.  Call to Order Establish quorum  III. Invocation IV. Pledge of Allegiance V. Announcements    Announcements are provided on each agenda SO that City Staff, Mayor, Council Members and members of the public may make announcements concerning matters of public recognition or upcoming events of local and regional significance; to advise the public of opportunities for service, recognition or recreation within our community; and to provide community charitable, civic, and philanthropic chance tok broaden their appeal by the timely publication of details oftheir programs and activities. organizations To utilize the this opportunity, members of the public may contact the Mayor, City Secretary or Council Members with details of their events or may appear at City Council Meetings and make their City own announcements. Announcements" shall be limited to the recitation of facts about the subject events, approbative statements concerning service to the City or the community, and invitations congratulatory events. No deliberations concerning the details of upcoming events shall be conducted participation  or at  various  to  A. Update on Kologik seizure expenditure B. Update on Depot Street sewer repair  VI. Presentation by Citizens (Please Limit To 3 Minutes)  (At this time, we would like to listen to any member of the audience on any subject matter, whether that item is on the agenda. All comments are limited to a maximum of three (3) minutes for each Speakers making personal, unfounded, profane or slanderous remarks may be removed from speaker. room. accordance with the Open Meetings Act, the Mayor and Aldermen are restricted from discussing the or In on any items not listed on the agenda. Action can only be taken at a future meeting. When called, please come to the front and state your name and address clearly before  name acting your comments. is  Thank you fory your cooperation). VII. Reports  making. your  All matters listed under this item are considered routine by the City Council and will considered at the request of one or more Aldermen. Coincident with each listed item, discussion only be  will generally occur. A. Police Department B. Fire Department C. Maintenance Report D. Court Report VIII. Consent items  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 of these items. If discussion is desired by Alderman on any item, that item will be removed from the consent agenda and will be considered by any A. Discuss and approve minutes from December 8, 2020 Regular Session. B. Discuss and approve minutes from December 15, 2020 Special Session.  separately.  C. Discuss and approve December Financials.  IX. Old Business  A. Discuss and consider possible action on City of Cumby Book B. Discuss and consider possible action on repair of Cumby Park C. Discuss and consider possible action of property located at 204 Mill  Exchange. bathrooms. Street.    X. New Business  A. Discuss and consider possible action approving Underground Utility Supply quote for replacing existing RG3 Meters with Master Meters. B. Discuss and consider possible action consenting to inclusion of the City ofCumby's territorial limits and extraterritorial jurisdiction within the proposed Hunt County Emergency Services District No. 1 as C.D Discuss and consider possible action on adopting a new City of Cumby Personnel Policy and Employee Handbook to include D. Discuss and consider possible action to pursue a 21/22 TxCDBG E. Discuss and consider possible action regarding City of Cumby Investment Policy and Public Funds Investment Actand training. F. Discuss and consider possible action Authorizing City Attorney to create employment contract andlor approve employment contract for G. Discuss and consider possible action to begin looking into grants for upgrading safety equipment and/or PPE for our Public Works  located in Hunt County, Texas.  necessary policies, procedures, and positions.  grant application.  Police Department employees.  Department.  XI. Executive Session  Discussion and Convene in executive session under Texas Government Code 551.074 - Discussion andlor action involving the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee; 551.071 - Consultation with attorney A. Discuss Maintenance processes-water meters. other police department personnel issues.  B. Discuss and consider action regarding Chief of Police position and Attorney consultation on any regular session agenda item requiring confidential, attorney/client advice necessitated by the deliberation or discussion of said item where counsel's duty to the City conflicts with the  Open Meetings Act  XII. Reconvene in regular session  Announcement of Executive Session and Consideration of Motions authorizing any necessary action as a result of the Executive Session.  XIII. Adjournment    Executive Sessions Authorized: This agenda has been reviewed and approved by the and the presence of any subject in any Executive Session portion of the agenda constitutes a written interpretation of TEX. GOVT CODE CHAPTER 551 by legal counsel for the governmental and constitutes an opinion by the attorney that the items discussed therein may be legally discussed body in the closed portion of the meeting considering available opinions of a court of record and opinions oft the Texas Attorney General known to the attorney. This provision has been added to this agenda with the intent to meet all elements necessary to satisfy TEX. GOVT CODE 551.144(c) and the conducted by all participants in reliance on this opinion. The Council may vote and/or act meeting each of the items set out in this agenda. In addition, the city Council for the City of Cumby has the upon to adjourn into executive session at any time during the course of this meeting to discuss right matter authorized by Texas Government Code Sections 551.071 (Consultation with Attorney); any 551.072 (Deliberations related to Real Property); 551.073 (Deliberations related to prospective gifts or donations); Section 551.074 (Personnel Matter); 551.076 (Deliberations regarding the deployment of security devices or the implementation of security policy); and 551.087 (Deliberations  counsel  City's legal  is  Economic Development negotiations).  regarding  CERTIFICATION  1,Codi Reynolds, City Secretary for City of Cumby, hereby certify that the above notice of meeting and agenda was posted on the Public Notice Board at Cumby City Hall, 100 East Main Street, Cumby, Texas on January 8, 2021 at 4:00 p.m.  Cihmlb Codi Reynolds, City Secretary  UMEN    KOLOGIK  Kologik LLC P.0.591 Belle Chasse, LA 70037 225-291-5440 blling@kologik.com  Invoice 7019857  BILLTO Cumby Police Department 100 E. Main St Cumby, TX 75433  SHIP1 TO Cumby Police Department 100 E. Main St Cumby, TX 75433  DATE 12/11/2020  PLEASE PAY $3,500.00  DUE DATE 12/11/2020  DATE 12/11/2020  ACTIVITY NIBRS  DESCRIPTION Module  QTY RATE 1 3,500.00  AMOUNT 3,500.00  Cost Name: NIBRS Reporting Cost Description: NIBRS Reporting Module for COPsync Mobile (Legacy Customer Discount)  TOTAL DUE  $3,500.00 THANK YOU.  - )    Services Agreement Date! December 11, 2020 Valid Until January 11,2021 Quote #Cumby NSA-001 Legacy  KOLOGIK DYNAMIC DATA  Customer Chief PaulD D. Robertson Cumby Police Department 100 East Main Cumby, Texas  Quote/Project Description NIBRS Module - Discount  Customer  Program  76351-0000  (940) 631-4234 ambyhergalyplamby.em Quantity Item Description 1.00 NIBRS Reporting! Module  Unit Price Line Total $3,500.00  $3,500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $3,500.00  Special Notes and Instructions Pricingi is Legacy Customer Program Discount.  Subtotal  Customer agrees to pay $1,500 uponi installation, and two payments of $1,000 annually to be invoiced commensurate with regularly scheduled  COPsync renewals. Payment Schedule Grand Total Down Payment Two Payments  Finance Rate Down Payment Finance Amount Finance Charge 0 Grand Total  0.00% $3,500.00 $3,500.00  $3,500.00 $1,500.00 Dueu uponi installation $1,000.00! Commmensureate) with COPsyncn renewal  Abovel information isa al Purchase. Agreement fors services/goods described above.  Finance. Approval and Signed/ Agreement is required priort top provision ofs services/goods describedi in this Purchase Agreement.  Thank you for your business!  Should you have any inquiries concerning this quote, please contact: 3837 Plaza Tower Dr. Suite C. Baton Rouge, LA70816  Jan Roe  Tel:  (830)624-5388  Email: jroe@kologik.com    Quote # Cumby NSA-001 traininga  INVOICING ANDI PAYMENT: Kologik ("Kologik") mayi issuei invoices upon the executiono oft this Services Agreement, ando customer agrees top alli invoicesi inU.S. date ofi invoice unless otherwise providedi int thei invoice. Bys signing! below Customer is agreeingt tos subscribet tot thel Kologiks services andt top purchaset pay theh hardware dollars within3 300 days ofthe facec oft this Services Agreement Annuals subscription andn maintenancet fees aret tot bep paid atthet beginningo ofe eachs servicey year, unless otherwise stated on thes ServicesA ando other items stated onthe subscription; period! beginningo ont the 60tho dayf followingt thec datec oft this Services Agreement or, ifearlier, onti thec datet thei installationa andb arec completeda andlor Agreement, witht thei initial TERM: This Services Agreement shall bef for thep period stated ont thef face oft the Services Agreement. This Services Agreement cannot be cancelled or INSTALLATION: Kologiks shallp provide, directly ort through designatedt third-partys service providers, installations services fort the hardware being, purchased by Customer stated ont thef face of the Services Agreemeni) int the use oft the Kologiks services. The Customer agrees to execute Kologik's acceptance forms upon completion of ands hardware set-up andt trainingf TITLE: Titlet tot the Service ands Softwarei isr reservedte tol Kologik. Titlet to, andri risko ofk loss, fork Hardware providedi under this Services Agreement passest too customeru upond delivery. INTERFACE: Thep parties shalle enteri intoa a separatei integrationa agreement ifthe Kologiko databasei ist tob bei integrated with Customer's existingr record, court, SALES & USE TAX: The products and services provided under this Services Agreement are lax-e exempt from Sales and Use Tax per Title 34, Part 1, LETS APPLICATION: If applicable, Customer is solely responsible for making application ands securing approval ofi its application to connect to the stale law enforcement system ("LETS"). Customer agrees to comply witht thep payment terms outlinedi int thiss ServicesA Agreement regardless ofv whether or nott theL LETS application hast been approved. telecommunications NUMBER OF USERS: Kologik agreest top provide thet totalr number ofu user licenses fort the Kologik Networks service, att thes specified monthly Software asi indicated onth thef facec ofthis Services/ Agreement. Additionally, Kologik agrees top provide amaximum offive (5) userli licensesf fort thek pricing Kologik per Network user, for usec of thes Service andr related TERMSA AND CONDITIONS: Thesel Terms and Conditions describet thet terms ando conditions underv whichk Kologik. (Kologik or" we")p providesa as authorized users oft thes service( ("Service)tow whichy youa ares subscribinga as notedi inthe Services Agreement andr related computer software ("Software"). subscriptiont yourSubscriber or "you) andy your Subscription: Weg granty youa andy your authorizedu usersa ar nonexclusive subscriptionto uset thee executablef form ofthe Software andr relatedo documentationi filesi inc toandu use ofthe Service. Thef feesf fory your use ofthes Software andt the Service ares specifiedi inthes Services Agreementt tov whicht these Terms and Conditions are connectiony attached. withy yours subscription Term: Thei initial term (the" Initial Term") oft the Services/ Agreements shall be as stated inthe Services Agreement, unless terminated soonera as provided herein. Services Agreements shalla automaticallyr renewf fors successive oney yearp periods (the" "Renewall Term')ato ourt then-current; prices, unlesse either party notifiest thec Atthe endo of thel Initial Term, the Permitted Use Only: Thel Kologik Service andn related Softwarer may beu usedo only byl lawe enforcement officers, administrators anda authorizeds supports staff, ineacho andfore emergency service personnel. The COPsyncs 911 Service, COURTsync Service andt ther related Softwarer may beu useds solelyt toc communicate witht thek lawe enforcement caset thata arer registered withu us Restrictions:" Youn may not (1)c copy or duplicate thes Service or Software ora anyo ofitsf features orf functions; (2)a allowa any unauthorized person ort thirdp partyt tou the thec datac or confidentiali informationa accessiblet through use ofthe Service or Software ort transfer, publish, distribute, sello or sub-license the Service or Software uset Service or Softwared or anyof more than onei individual tos share a unique Kdenticaionliegistration: number to access the Service or Software, excepti int thec case oft the VidTac system or any portion thereof; or (3)a allow dashboards arep permitted; (4) uset thes Serviceo or Softwarei inany fashiont thati infringes anyo ofouro copyrights, intellectualp propertyr rights, orp proprietaryo or propertyr wherer rights. multiple users oft the evidence Additionally: your may notu use ora accesst thes Service or Software to (5) developa acompetitive productors service( (eithere electronic, print, orac combination, make or haver made ap product usings similar ideas, features, functions ors graphics oft the Service or Software, make derivative works based upont the Service nowe existingo or or developedi int thef future): (6) Service or Software; (7) (except as expressly permitted! byt thisA Agreement) sell, rent, license, distribute, transfer, exploit or disclose the Software or Service or Software, its or "frame" or" mirror" the manufacture, alter, reverse engineer, disassemble, orr reverse compile anyf features orf functions ofthes software comprisingt the Service or Software, or disclose or distributet contents, (8) copy, reproduce, operation oft the Service or Softwarec or any part! thereoft to anyp person, corporation or othere entity; (9)u use anyr robot, bot, automated user, spider, sites search/retrieval thec design, structure, or or devicet tor retrieve ori index any portion of thes Service or Software source code or content or collect information, orf for any purpose; or (10)r remove or obscure application, or other program otherit intellectualp propertyr notices. Duet tot ther nature ofthis Service, anyn misuse or unauthorizedr modification ofthe Service or Software mayr result incivild or criminall liabilty. any of our copyright, patent, or view' background data" and" foreground" datai in connection with their use of the Service; and () consistent with applicable law, including privacy (a) laws, users ofthe Service to access and background orf foreground, and" de-identified" data (meaningt thatt thec datai is noti identified as having originated with Subscriber), whether! background orf use publicly-available data, whether purposes andfora anyo other lawful purpose, includingli licensingo or othert transfers for valuet tou unaffiliated thirdp parties. "Background data" is anyo ofy your data, foreground, including forr research and academic uploaded to ouro data bases. Foreground data" is any data, including publicly-a available data, arising in connection with the use of the Software and Service publicly-available data,t thatis capturedi in our databases. Wec claim no ownershipr rights inthe! background data ort thef foregroundo data. "De-identified" datai is datat that does noto contain by, yous and your users andt thatis is ofthef foregoing warranty, wes shall use commercially reasonable efforts to cause the Service andt the Software to perform substantially ina accordancey witht andy yours soler remedyf for any breach shallg give usa areasonable opportunityt toc do: so. lfwe areu unablet todos so, your mayt terminate the Services Agreement upon5 daysv writtenr notice tousa andv wes thep shallr published refunda documentation: andy you yout thatr relatet tot thep period followingt thee effectived date ofth thet termination. Tot then maximum extent permitted! bya applicablel law, wee expressly disclaim allv warranties any pre-paidf fees paidby Sofiware and Service. Other tha ev warranty oft title andt thev warranty provided int thef firsts sentence oft this section, the Software andt the Services are withr respectt toy your use ofthe warranties ofa any) kind, either express ori impliedi including. butn notli limitedt to, implied warranties ofr merchantability," fitness fora ap particular purpose orr non-infringement provided" "asi is,"" "as available" without interference. Thisli limitedv warranty gives) yous specifick legalr rights. Your may! havec others, whichy varyf froms state andj jurisdiction. Some states andj jurisdictions dor nota allowi (subject limitations tos section5 5)orr non- withp providingt the Software or Service (a" Disclaiming! Party"), onthe other hand, will beli liablet tothec other ora anyt thirdp partyf fora anyi indirect, incidental, suppliers, special, ando other parties whor may be associated damages of anyk kind arising under this Agreement or otherwise in connection withy your use, oral Disclaiming Party's provision, oft the Software or Service. punitive, exemplary, or consequential undert thisA Agreement or otherwisei inc connectiony withy your use, oral Disclaiming Party'sp provision, oft the Service or Software shallr note exceed, for alld causes of Oura aggregatel liability toy youa arising the amounts youa actually paidt to us undert this Agreement for sucho calendar year, unless otherwise specifically agreedi in writing betweent thep parties. Our limits actiont thata arisei inac calendar year, type ofc claimb brought, includingt thosef forr negligence. Some states andj jurisdictions don nota allowt thee exclusionorli limitationo ofl liability, sot thea abovel limitationr mayr nota of applyt liability toy you. apply regardless ofthe Termination: Wer mayt terminate this Agreement upon written notice to you ify yout breach any oft the terms hereof or other agreement betweeny and discontinue usec of Software ands Service; (iremovet thes Software ands Service froma anys servers upony which theyl havet beeni installed; and (ii)o destroyor youa retuml us. lou Upont termination, Software youa agree to( 0) any archived copies oft thes Software ands Service, excepta as mayt ber necessary fory youtot transfer datat toy yourself orar news software/service; provider. Yous shalla ust thes datas storedi inc ouro data bases relatingt tot thes Servicef fora a period of30d days aftert termination. Upony writtenr request, wes shallp providey youad copy ofy foreground alsoh have" reado only accesst tothe betweenus." The Services Agreement may only! bea amendedb byn mutualv written agreement. lfany provision of these Terms ando Conditionsi is heldt tob bev voida andu priora unenforceable, agreements andr representations validity oftheb balance oft these Terms and Conditions, which shallr remainy valida ande enforceable accordingt toi itst terms. Wes shall havet ther rightto assigno ourr rights and itwillr hereundert nota affect the or substantially: allofo oura assets. The Services Agreement shallb be governed! by thel laws oft thes State ofT Texas (without regardt to thec conflicts Kologiky ofl lawp provisionst othere entity, or (d)a any acquirer ofall  madea available to Customer. Fore electronic, paymentr remittance, contact Michael Morales atr mmorales@kologke com. Make alichecks payablet to: Kologik, Attn: Accounts Receivable, POB Box 591, Belle Chasse, LA7 70037. contractt termi indicated ont thet facec ofthis ServicesA Agreement, excepta asp providedi inthea attached1 Terms & Conditions.  thes services arei initiateda and terminated beforet thee expiration ofthe  training, asa applicable. Organizations.  installation and  dispatch (CAD)s software systemst top permitt thee exchange of datab betweent theses systems andt the Kologik database.  jailn management ord computer aided Chapter 3, Rule 3.322, Exempt Service atnoc charget to Customer  fora administrators: ands supports staff.  toy  endofthel Initiall Term or Renewall Term, asa applicable.  otheri inwritingt thirtyo days priort tothe  Kologik Service.  officers thatu uset the  Title; Confidentiality: Title, ownershipr rights, andir intellectual propertyr rightsi inandt tot the Software ands Service shallr remainy withu us. Thes Software ands Service ofthel United Statesa andir international copyrightt treaties. Toc ourk knowledge, your usec ofthes Software ands Service willn noti infringe anyt thirdpartyp patent. Grant-Back License: Youg grant us afully-paid up, non-revocable, woridwide, non-exclusive, andt transferable (as permittedi in Section 8)! license to allow serve toi identify anyr natural personore entity. Thep provisions ofthiss Sections shalls survivet thee expirationort terminationofthes Services Agreement. Warranty Provisions: Wev warrantt that! the Service andtt the Soflwarev willp performs substantially as setf forthi inourp publishedo documentation. Aso ours soleli liabilitya  arep protected! byt the copyrightk laws  anyi informationt thato could reasonably  impliedv warranties, sot thea abovel limitation may nota apply.  withr respect to  Limitation ofl Liability: Tot ther maximum extent permitted bya applicable law, neither you, ont thec one hand, norv wer nora any of ouro contractors,  ands Service and datas storedi inourd datal basesi in obligations thereof)a anda applicable U.S. federal  CSVi format. law.  yourf  General: This Agreementr represents thec complete agreement  thep parties concerningt this subscription ands service arrangement: ands supersedes allp  anyo controlleds subsidiary ofc ours, (b) any jointv venturei inv whichy wea are ap participant, (c) anye entity whichi ist thes survivor inan merger of witho ori intos such  to(a) 2    CyeE Cumby po. B0% 349, Cumby Beizure 2  2001  DATE/BI1/2020 88-197/1119  PAY ORDER TO THE OF Kologilk  $ 1500.5% DOLLARS A  Erfteen Mundrad & Io/ 100  Alpe  FORCumby NSA-00L  ECR  11190197514  odi Rermelds    S8NOH/NVIA)  39vsn HIIVMI a 0  ABONVIS/OUVOISAN, 2 3 4 1 1 2  3  VAII 6 4 4 3 4 v 3 8 3 6 B  TVDIGEWI 2 3 4 2 00 2 2 3 00 - 16 80  38I 38n1onaIS 1 o 0 0  1 2  11  38I JVD 0 0  0  1 0 1 6  JHI SSVHS 2 3 o 0 4 3 U1s 3 4   39V3HOV 3 8 0o - BE 15 55 1  AINNOD A 9E  D6 E 5 D0 E B 8  ALID 6 5 1 E 3 4 3 1 5 3 10 6 E    MAINTENANCE REPORT  FOR THE MONTH OF DECEMBER, THE MAINTENANCE DEPARTMENT:  COMPLETED 5 WORK ORDERS BLEW OUT 4 SEWER MAINS REPAIRED 1 WATER MAIN LEAK  MAINTENANCE HAS ALSO BEEN PUMPING THE LIFT STATION ON M&R DRIVE ANYWHERE FROM 4 TO 6 TIMES PER DAY TO MAINTAIN  OVERFLOW AND STOPPAGES    Cumby Municipal Court Collections Report for December 2020  For the month ofDecember the court collected $45,581.34 total.  City: $27,090.97 State & Omni: $ 15,151.03 GHS: $ 3,339.34    Regular Meeting Minutes of the City Council of the City of Cumby  Tuesday, December 8, 2020 Cumby City Hall  PRESENT:  Doug Simmerman  Sheryl Lackey Amber Hardy  Betty McCarter Julie Morris  I. II.  Mayor Doug Simmerman called the meeting to order at 6:30 p.m.  Invocation was led my Mayor Doug Simmerman  III. Pledge was recited by Mayor, Council, and all Citizens in attendance.  IV. Announcements  A. Mayor Simmerman announced that the M & R lift station received al low bid of283,000.00 and the grant allocated 233,000. He spoke with the grant managers and there are 2 options. Option 1 is to have the line item for the generator removed at 60,000.00 by all bidders and submit a change order. Option 2 would bei to accept the lowest bid as is and the City would be responsible for the difference in cost out of pocket. Mayor Simmerman stated that he feels that Option 1 is the best route for the City to follow. The  council agreed.  V. There were no citizens that addressed the council.  VI. Reports  A. Chief Paul Robertson submitted the Police Report. B. Monty Lackey submitted the Fire Dept Report.  Mayor Doug Simmerman submitted the Maintenance Report. D. Judge Lana Adams submitted the Municipal Court Report  VII. Consent Agenda  A. Sheryl Lackey motioned to accept the November 10, 2020 Regular Meeting minutes. Julie Morris seconded the motion. The motion passed 4-0.    B. Betty McCarter motioned to accept the November 17, 2020 Canvass Meeting minutes. Amber Hardy seconded the motion. The motion passed 4-0. Sheryl Lackey motioned to accept the November financials. Betty McCarter  seconded the motion. The motion passed 4-0.  VIII. Old Business  A. The Council discussed adopting a policy for the storage of all personnel files. Judge Adams stated that the only records for officers that would be int the personnel file is an application. Sheryl Lackey asked if we could change Section V. Item D. to say council instead of mayor. Amber Hardy agrees. Mayor Simmerman stated that it does not say change but monitor. Amber Hardy stated that under delegation it does. City Attorney Jay Garrett stated the reason for only the application being stored is to avoid an open record request for ai terrorist attack or criminal attack. Judge Adams stated that the state does monitor all police officers' records. Betty Mccarter motioned to accept the policy. Sheryl Lackey seconded the motion. Amber Hardy Motioned to make amendment to section V. item D and Section VI. with correction of mayor to say council. Sheryl Lackey seconded the motion. The B. Betty McCarter motioned to approve Ordinance 2020-11-01 Establishing Rates for Domestic and Commercial Water and Sewer Service. Julie Morris Sheryl Lackey motioned to table discussion of creating a park ordinance until February 2021. Betty McCarter seconded the motion. The motion passed 4-0. D. Betty McCarter motioned to approve adoption of House Bill 2840 City Policy No. 2020-12 with the correction of Section 4 Item b. reflecting the agenda wording Presentation by Citizens. Amber Hardy seconded the motion. The E. Julie Morris asked Doug if he had asked his school class to build a book exchange box. Doug simmerman stated he had not due to the fact he had been on leave. He asked her to remind him the following day. Betty Mccarter stated to postpone until. January to give Doug time to get with the class. No F. The council discussed the activities committee that was approved at the February Council Meeting. Betty McCarter thinks it should be a couple council members and ai few citizens. Mayor Doug Simmerman asked Betty to put a committee together and present it to the council for approval and get with the churches to include them. Sheryl Lackey stated she would like to see  motion passed 4-0.  seconded the motion. The motion passed 4-0.  motion passed 4-0.  action was taken at this time.    activities for the community as a whole and not just focus on the kids. No G. Sheryl Lackey asked Mayor Simmerman where we were at on the Depot Street sewer repairs. The minutes stated that it had been approved. Mayor Simmerman asked Sheryl Lackey to send him an email reminder to follow up with Hayter. Mayor Simmerman will give update in. January. No action was H. Mayor Doug Simmerman stated that SmplSgnl was going to provide free Wi- Fiwith their bid. Griffin is hard to get to call back. He stated that he would like to get some more bids. Mayor Simmerman stated that we need cameras at the well house and inside the council room. Mayor Simmerman stated that we: should open it back up bids and make it more competitive. The council The council asked if any repairs had been done to the city park bathrooms. David stated that they had not but had taken down some broken swings. Mayor Simmerman asked if we could handle the repairs and David feels we can. BJG Daughters were. going to help with cost. Sheryl Lackey will contact Kendra to discuss. The council will discuss in January. No action was taken. Sheryl Lackey asked where we were at on the purchase of a lawn mower. Mayor Doug Simmerman stated that he will go over and talk with Bryan Fox over his Christmas break. Julie Morris will text reminder. No action was K.J Julie Morris asked where we are at on the fire hydrant list. David stated that the whole city has not been done yet. She asked how many are left to be repaired. David stated about 7 and out oft the 7 they all probably need to be replaced. To replace the cost is about 1500.00$ each. Some of them are very old and parts are not available. Julie Morris asked how often are they being checked? She would like monthly checks. David stated with 2 guys that is difficult. Citizen and Volunteer Fire Fighter, Monty Lackey stated that a quarterly check would be enough, and he can get the fire department to assist. Mayor Simmerman thinks quarterlyv would work. Julie Morris would like to receive a quarterly report and have Kelsie create a list for council - Sheryl Lackey stated that the correct address is 204 and was posted to the public as 214. We will need to move to. January agenda as 204 Mill St. No  action was taken at this time.  taken at this time.  will discuss in January. No action was taken at this time.  taken.  packet. No action was taken.  action was taken.  IX. New Business    A. The council discussed al holiday social for council and staff. Due to the Pandemic B. Betty McCarter motioned to adopt Ordinance 2020-12-01 with the correction of adding Guy Butler, amending ordinance 2019-08-01 establishing signature authorities and the release of account information and revoking all previous authorities in and for the City of Cumby, Texas bank accounts and setting an effective date. Sheryl Lackey seconded the motion. The motion passed 4-0. Mayor Doug Simmerman stated that Hot Rods by. JSK is going to be adding another building and the existing water line runs across property with no easement. Maintenance is moving the line to where it should have been place in to begin within the City's easement down the road ditch on the service road. Citizen Wayne Mobley stated that it should have been done months ago. The City is waiting on a permit from the State. The State approved it and then came back and said to halt work until we provide the coordinates. Mr. Mobley also stated they are wasting money as they have already ordered the building and can't place it. Mayor Simmerman stated that the coordinates can be provided by Hopkins County CAD.. JSK will call and get coordinates to provide to the State. No D. Sheryl Lackey stated that she would like to see a message board implemented by the council especially after what was going on with JSK. It is difficult for the council to discuss issues that arise in between meetings without having a walking quorum. The message board would provide a platform for discussion. No action could be taken on the message board and only council would be able to engage, but the public would be ablei to see what was being discussed. There would need to be a link on the website that takes citizens directly to the message board. City Attorney Jay Garrett stated this could be problematic as you are putting city business out for all to see. Sheryl Lackey stated according to Local Government Code 551.006 it is 100 % legal. Sheryl Lackey motioned to approve a City of Cumby Message Board. Betty McCarter seconded the motion. The motion E. Mayor Doug Simmerman asked City Attorney Jay Garrett if the Governor'sorders for not disconnecting past due water accounts applied to businesses. Mr. Garrett stated it did not. City Secretary Reynolds stated that at this time there are no F. Brynn Smith, Local Health. Authority Nurse for Hopkins County stated that literature has been sent out with guidelines for Covid-19 exposure. There are 229 active cases in Hopkins County. Going by the 15% rule Hopkins County fell under the new restrictions set by the Governor. Amber Hardy asked how the  the council felti it best to cancel this year's event.  action was taken at this time.  passed 4-0.  past due business accounts. No action was taken.    molecular test are different than the PCR test and Brynn stated they are the same. Sheryl Lackey will verify email addresses with Brynn and to make sure the  city is receiving updates. Entered Executive Session  X.  The City of Cumby Council entered Executive Session (Closed Meeting) at 8:02 p.m. pursuant to the provisions of Section 551.071 and 551.074 of the A. Discuss and Consider possible action regarding City Attorney. B. Discuss and Consider possible action regarding Water Clerk. D Discuss and Consider possible action regarding City Secretary.  Texas Government Code, to discuss the following:  XI.  Exited Executive Session  The City of Cumby Council reconvened into Regular Session (Open Meeting) at 8:29 p.m. pursuant to the provisions of Section 551.071 and 551.074 of A. Sheryl Lackey motioned to terminate City Attorney Jay Garrett effective immediately. Julie Morris seconded the motion. The motion B. Sheryl Lackey motioned to cross train court clerks Alexis Pryor and Rita Graham for utility clerks upcoming maternity leave. Julie Morris C. Sheryl Lackey motioned to give City Secretary Codi Reynolds a 1.00$ raise effective on the new pay period. Julie Morris seconded the  the Texas Government Code, to discuss the following:  passed 4-0.  seconded the motion. The motion passed 4-0.  motion. The motion passed 4-0.  XII. Mayor Doug Simmerman adjourned the meeting at 8:31 p.m.  Approve:  Attest:  Doug Simmerman, Mayor  Codi Reynolds, City Secretary    Special Meeting Minutes oft the City Council oft the City of Cumby  Tuesday, December 15, 2020 Cumby City Hall  I. II.  Mayor Doug Simmerman called the meeting to order at 6:00 p.m.  Established Quorum Present: Doug Simmerman Guy Butler  Sheryl Lackey  Amber Hardy  Betty McCarter Julie Morris  III.  Invocation was led my Mayor Doug Simmerman  IV. Pledge was recited by Mayor, Council, and all Citizens in attendance.  V.  New Business  A. Mayor Doug Simmerman stated that they are working on taking the generator off the paperwork which will put us under the limit for the grant. Amber Hardy asked if we had been awarded the grant already? Mayor Simmerman told her we had. Citizen Sharon Hart asked what all was going to be done with the grant. Mayor Simmerman told her that it would cover new pumps, plumbing, electrical, and a newi force main. He also stated part of the problem with the current lift station is it was plumbed with SO many hard 90's that it causes stoppages. Sheryl Lackey motioned to award a construction contract fori the TXCDBG sewer improvements project to 7-H Construction Co, Inc. Betty McCarter seconded the B. Leigh Thompson stated she had worked with Jay Garrett's office before and handled the prosecutorial aspects. She did some researched and according to the criminal code the person who prosecutes must be city attorney or deputy city attorney. Ms. Thompson proposed that she be appointed temporary city attorney in order to keep court proceedings rolling. She has worked with. Judge Adams and they work well together. Ms. Thompson knows that Cumby is not large and has some issues SO she would charge the rate of 100.00$ per hour. Betty McCarter asked if this could be done on a probationary period. Ms. Thompson said it could be done contract and the contract could be terminated at any time. Sheryl Lackey asked if she was familiar with land laws, and she replied she was and that she is good at researching. Julie Morris stated she thinks it should be temporary prosecutor. Leigh stated that she would have to be  motion. The motion passed 5-0.    appointed as city attorney and once finding someone she could be released or Sheryl Lackey motioned to roll into executive session. Betty McCarter seconded  released to deputy city attorney specializing in prosecution.  the motion. The motion passed 5-0.  VI. Entered Executive Session  The City of Cumby Council entered Executive Session (Closed Meeting) at 6:22 p.m. pursuant to the provisions of Section 551.074 of the Texas  Government Code, to discuss the following:  A. Discuss and Consider possible action regarding the selection ofa City  Attorney.  VII. Exited Executive Session  The City of Cumby Council reconvened into Regular Session (Open Meeting) at 6:38 p.m. pursuant to the provisions of Section 551.074 of the Texas A. Sheryl Lackey Motioned to appoint Leigh Thompson as City Attorney ona a 90-day probationary period while continuing to look for outside counsel. Betty McCarter seconded the motion. The motion passed 5-  Government Code, to discuss the following:  0.  VIII. Mayor Doug Simmerman adjourned the meeting at 6:42 p.m.  Approve:  Attest:  Doug Simmerman, Mayor  Codi Reynolds, City Secretary    8:49AM 01/08/21 Accrual Basis  City of Cumby Balance Sheet As of December: 31, 2020  Dec 31,20  ASSETS: Current Assets Checking/Savings Seizure ***4821 Pending Seizure Account General Bank Accounts CDBG Grant Arson Demolition Fund General Operating Municipal Court Security Municipal Court State Fees Municipal Court Technology Parks &F Recreation Police Training General Bank Accounts- - Other Total General Bank Accounts Utility Bank Accounts Water & Sewer Street Maintenance Water Deposit Account Obligation Total Utility Bank Accounts Total Checking/Savings  2,276.25 60,557.94 1.74 403.97 725.00 2,799.92 2,505.78 46,606.97 3,761.94 960.27 1,034.26 -454.39 58,345.46 379.42 426.82 5,456.33 657.94 6,920.51 128,100.16    8:52A AM 01/08/21 Accrual Basis  City of Cumby Profit & Loss December 2020  Dec 20  Ordinary Income/Expense Income Subdivision Fees PD Copies & Faxes Fines Interest Earned PermitsRegistrations service fee collected emisPegatntons-omer Total Permits/Registrations Public Safety Department Accident Report Public Safety Department- Other Total Public Safety Department Tax & Franchise Fees Property Tax Sales Tax 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 Total Water. Sewer Total Income Expense Administration Office Expense Legal Fees Mayor/Council Monthly Fee Membership Office Supplies Professional Fees Property Tax Fees Telephone Total Administration Debt Service TWDB Bond Total Debt Service Mayor & Council Mayor & Council Expense Total Mayor & Council Municipal Court Collection Service Fee Judge Security Telephone  90.00 14.50 41,977.35 3.61 2.58 50.00 52.58 8.00 7.82 15.82 6,134.62 10,480.25 16,614.87 4,932.44 932.38 402.47 9.00 6,942.00 550.00 13,897.29 14,447.29 27,665.58 86,434.31 35.00 1,282.50 375.00 567.00 198.54 1,912.50 337.14 551.36 5,259.04 40,443.50 40,443.50 150.00 150.00 3,992.45 300.00 320.00 177.79  Page 1    8:52AM 01/08/21 Accrual Basis  City of Cumby Profit & Loss December 2020  Dec 20 3,631.52 8,421.76 459.68 47,319.60 47,779.28  Utilities Total Municipal Court Payroll Expenses Child Support Payroll Expenses Other Total Payroll Expenses Public Safety Police Department Auto Repair & Maintenance Fuel Telephone Police Department- -Other Total Police Department Total Public Safety Seizure Expenditure Software Total Seizure Expenditure Water/Sewer Vehicle Purchase Chemicals Covenience Fee WIS Deposit Refund Fuel Garbage Collection Fee Maintenance Office Supplies Operating Supplies Permit Postage Testing Utilities Total Water/Sewer Total Expense Net Ordinary Income Net Income  603.96 816.75 191.75 -0.27 1,612.19 1,612.19 3,500.00 3,500.00 516.62 351.25 9.00 175.00 1,547.75 4,442.54 4,706.24 156.74 220.17 312.50 217.25 90.00 20.00 12,765.06 119,930.83 -33,496.52 -33,496.52  Page 2    888 oC  888  & 8    888888888 8888888  88888  88888 Nirai  880  88 0o  48  D8 8    688  8 8  88888488888889    3888888885  88888 ooNic FoNiv  888    88 8 88 0o o 0o  0  8 o  88 o o  8 88 o 00  6  8881 ooN  R  V  %    8 d8 o o 881 0o  88888888888 88888881 30666000000 0600000  8 88 o 0o  188888888886889  88  000v o o  /    8888888888 G06606d000  88 0  888 000  388888888 00000000000000  888888838 0000  38588888880 o 0 000: 00000    0 00 o  88 3888888888888888 00000000o6oodods  o o  38888868888 & BogR8 -  00808  %    8885 088  6 8 6 o  00  888 ooN  008  88 0    888888 0008  8-8888888  8 8 88 0o  8888888888  Ri0887  000    888888888 0000800 8  888 000  888888885 00s 00009  88888 0000  85888888R8888 ogo0g000 0000    88R08  8888888 G 08  8889888888  :080       88  88 00 88 00 0o  8 8 o  0 0 88 0o  8 88 o 0o    %  88888888488 8888888 008 E88s 00o5 000  0  8 8 o 0 881 0o  88888888888 8888888 00000000000 6660000  8 88 00    000 %  3888888R8  888 000  o  88888888888  0  8888888888 0000000000  88 0o  888 000  888888888 00060606666006      58  38888888 0008°8  0 88 0o  88 3888888888888888 000000000666codc  0o    888  888 808  8 0    5888  088 38888888 8888888  8888  00    de  8888988888  000    9  3888888888888888  888 88 00 8888 ooNic oNu    N    N    8    *    STATEMENT OF ALL TAXES DUE HOPKINS COUNTY TAX OFFICE PO BOX 481 SULPHUR SPRINGS, TX 75483 (903) 438-4063  ACCT # 20-0017-000-005-00 DATE 12/28/2020 SP  Property Description- LOT: 5 6, BLK: 17, TOWN: CUMBY  PROP TYPE-A PCT OWNER-100.000  TOWN ACRES Values LAND MKT VALUE LAND AGR VALUE EXEMPTIONS GRANTED: NONE  LOCATION- 204 W MILL ST IMPR/PERS MKT VAL MKT. BEFORE EXEMP LIMITED TXBL. VAL  601 5,000  10,890 15,890 15,890  PICKENS FREIDA 309 STONEYBROOK WYLIE  TX 75098  LEVY 93.34 361.83 350.44 364.37 350.22 386.83 1,907.03  P&I 66.27 213.48 164.72 127.53 80.55 2.48- 650.07  ATTY FEES 28.94 105.36 94.08 90.15 78.66 .00 397.19  AMT DUE 188.55 680.67 609.24 582.05 509.43 384.35 2,954.29 2,954.29 2,974.76 3,019.81 3,045.52  TAXES 2015 TAXES 2016 TAXES 2017 TAXES 2018 TAXES 2019 TAXES 2020  TOTAL DUE 12/2020 TOTAL DUE 01/2021 TOTAL DUE 02/2021 TOTAL DUE 03/2021  ACCT # 20-0017-000-005-00  BREAKDOWN OF TAX DUE BY JURISDICTION  JURISDICTION COUNTY HOSPITAL CITY OF CUMBY CUMBY ISD  LEVY 447.85 213.88 366.38 878.92  P&I ATT FEES 142.99 81.85 139.88 285.35  TOTAL 664.58 334.13 594.61 1,360.97 99.30 39.73 65.16 182.64 386.83  73.74 38.40 88.35 196.70  TAX LEVY FOR THE CURRENT ROLL YEAR: COUN TAX LEVY FOR THE CURRENT ROLL YEAR: HOSP TAX LEVY FOR THE CURRENT ROLL YEAR: 0030 TAX LEVY FOR THE CURRENT ROLL YEAR: 0031 TOTAL TAX LEVY FOR THE CURRENT ROLL YEAR  ND811-HCLA    UNDERGROUND UTILITY SUPPLY  QUOTATION Date ESTIMATE# 3/30/2020  3815 S. EASTMAN: RD LONGVIEW, TX 75602 903-757-2121 FAX 903-757-5252  10881  Name /Address CITY OF CUMBY P.O.B BOX349 CUMBY,TX75433  Disclaimer:  SUBJECT TOOURI USUAL TERMS AND CONDITIONS OF SALE. ANY WARRANTY PROVIDED IS THAT OF THE MANUFACTURER.  ITEM# (I)  Qty  PER EA  ITEM 1500  DESCRIPTION  PRICE  TOTAL  *MASTER METER STARTER PACKAGE* (00-080-125-HMY)3G: Mobile Laptop Reading System, Hard Shell Case To include: Model 5x Semi-Rugged Laptop w/ AC/DC power supply, Hard Shell Carrying Case Kit (Hard Shell Case, laptop power supply, power cord),3G DMMR Receiver & Charger Includes 3G Tech.net Software with Mag Mount & Permanent Mount Antenna, Proper Communication Cable included with system, GPS (RSS-HAR-A-TR2) Harmony Software System Training (Upt to (RSS-HAR-M-12) 1- Year- Harmony Mobile Annual Hosting & Support Based on at total of 1-1500 services.* THIS PACKAGE ALSO INCLUDES: (48)- 5/8"x3/4"3G-DS: Master Meters with reinforced plastic bottom- BI2-AIhA0L-IOIA- 3/4" BLMJ 3G-DS RADIO READ MASTER METER WITH REINFORCED PLASTIC BOTTOM; USG-LEADFREE  24,846.00 24,846.00  Receiver. 2-days)  (2)  362 EA  5834MM3... BIZ-AII-A0-OIOIA-t: 5/8" X  195.00 70,590.00  Subtotal  Sales Tax (0.00)  Total  Page 1    UNDERGROUND UTILITY SUPPLY  QUOTATION Date ESTIMATE# 3/30/2020  3815 S. EASTMAN. RD LONGVIEW, TX 75602 903-757-2121 FAX 903-757-5252  10881  Name /Address CITY OF CUMBY P.O.BOX349 CUMBY,TX75433  Disclaimer:  SUBJECT TO OUR USUAL TERMS AND CONDITIONS OF SALE. ANY WARRANTY PROVIDED IS THAT OF THE MANUFACTURER.  ITEM# (3)  Qty  PER 2 EA  ITEM  DESCRIPTION  PRICE  TOTAL  IMM3GD... 1"3G-DS RADIO READ BLMJ  285.00 570.00  MASTER METER-LEAD FREE BODY WITH PLASTIC BOTTOM; USG; BI6-AIl-A0L-0T01A-1 UTILITY CURRENT BILLING SOFTWARE MUST! BE. ABLE TO IMPORT/EXPORT ROUTE DATA FILES. ALL COST, IF ANY, ASSOCIATED WITH A BILLING SOFTWARE UPGRADE TO ACHIEVE THIS CAPABILITY IS NOT INCLUDED IN THIS QUOTATION. *AFTER FIRST YEAR: (RSS-HAR-M-12) Harmony mobile annual hosting & customer support for up to 1,500: services is $1,200.00. THIS IS TO BE BILLEDI DIRECTLY FROM MASTER METER TO THE END  USER.  Subtotal  $96,006.00  Sales Tax (0.00)  $0.00 Total  $96,006.00  Page 2    UNDERGROUND UTILITY SUPPLY  QUOTATION  3815 S. EASTMAN RD LONGVIEW, TX75602 903-757-2121 FAX 903-757-5252  Date 3/30/2020  ESTIMATE# 10882  Name/A Address CITY OF CUMBY P.O.BOX349 CUMBY, TX75433  Disclaimer:  SUBJECT TO OUR USUALTERMS AND CONDITIONS OF SALE. ANY WARRANTY PROVIDED IS THAT OF THE MANUFACTURER.  ITEM# (1)  Qty PER 410 EA  ITEM  DESCRIPTION  PRICE  TOTAL 57.00 23,370.00  34MMB... BI2-AII-A03-0I0IA-: 5/8" X  3/4" BLMJ MASTER METER WITH REINFORCED PLASTIC BOTTOM, USG-LEAD FREE MASTER METER WITH REINFORCED PLASTIC BOTTOM, USG- LEAD FREE  (2)  2 EA  IMMBMLF BIG-AII-AG-0I0IA-: I"BLMJ  129.00 258.00  Subtotal  $23,628.00  Sales Tax (0.00)  $0.00 Total  $23,628.00    BURNS ANDERSON JURY & BRENNER, L.L.P.  Attorneys and Counselors ofLaw AI LimitedI Liability Partnership whichi includes Professional Corporations  Telephone: 512/338-5322 Facsimile: 512/338-5363 December 21, 2020  Fromt the Desk of: KEN CAMPBELL Kampbell@bajb.com  VIA CMRRR 7020 1810 0000 5304 0885 AND VIA EMAIL: cityofeumby@el.com The Honorable Doug Simmerman  Mayor City ofCumby P.O.Box 349 Cumby, Texas 75433-0349  RE: Proposed Hunt County Emergency Services District No. 1  Our File No.: 019.23450  Dear Mayor:  As you. know, I represent the Hunt County Fire Association in relation to the above matter. The citizens of the area served by the various Hunt County fire departments previously filed a petition with the County Judge of Hunt County, Texas for the formation of an emergency services district, a political subdivision of the State ofTexas, pursuant to Chapter 775, Texas Health & Safety Code. The entire proposed district would be located wholly within Hunt County and contain the territorial limits and extraterritorial jurisdictions of all incorporated cities in Hunt County, with the exception of the territorial limits of the City of Commerce, the City of Greenville, the City of Due to the COVID-19 Pandemic and its effects or all of our operations and the originally scheduled hearing on this matter on March 16, 2020 that was cancelled, it is now anticipated that the issue of the creation of this district will be presented to the voters at the May 2021 uniform election date. It is now anticipated the County will set a hearing and possible action on the petition at either its regular meetings of January 26, 2021 or February 9, 2021. While we have previously requested your city's consent, due to the change in the election date and the lack of the previously scheduled hearing, we are again requesting that you either consent or deny consent for your territorial and/or Iam again enclosing a copy of a map of the proposed district and a copy of the petition cover filed with the Hunt County Judge for your reference. According to our records,  Josephine, and the City ofl Royse City.  extraterritorial, jurisdiction as discussed below.  P.O. Box 26300, Austin, TX 78755-6300 7804 Bell Mountain Drive#100 Austin, Texas 78730    December 21, 2020 Page 2  BURNS ANDERSON JURY & BRENNER, L.L.P. Attorneys and Counselors ofLaw  portions of the proposed district contain territory within your municipality's territorial limits and/or extraterritorial jurisdiction. Ifyou need a copy of the actual, signed petition Pursuant to $ 775.014, before a district may be created that contains territory in a municipality's territorial limits or extraterritorial jurisdiction, a written request for that territory to be included in the district must be presented to the municipality's governing body after the petition has is filed under Section 775.015, Health & Safety Code. This correspondence is to advise you of the filing of this petition with Hunt County and to request the written consent to include the territorial limits and/or extraterritorial jurisdiction of your municipality within the proposed district (only in Hunt County) as Your municipality's consent for the inclusion or exclusion of your territorial limits or extraterritorial jurisdiction is required on or before the 60th day after the date of your receipt of this letter. I would appreciate if you would place this matter on the council's docket for consideration as soon as possible and respond with your city's consent or denial ofc consent prior to this deadline sO the election may proceed in a timely manner. If you have any questions, or require additional information, please do not hesitate to contact Ryan Biggers, president of the Hunt County Fire Association and Fire Chief of Cash Volunteer Fire Department, 972/467-1173, or me at 512/338-5322.  filed with the County, please let me know.  outlined on the enclosed map.  Sinçerely, KPCIV EAA  BURNS ANDERSON. JURY & BRENNER, L.L.P.  cc: VIA EMAIL: btovallahuntcomt.net The Honorable Bobby W. Stovall County Judge Hunt County 2507 Lee Street, Second Floor Greenville, Texas 75401 Daniel W Ray Heather McNew Carter Scott, Ray & Sullivan 2608 Stonewall Street Greenville, Texas 75401  VIA EMAIL: cather@xatrzaylawcon    [ONCITY LETTERHEAD)  [DATE] The Honorable Bobby W. Stovall County Judge Hunt County 2507 Lee Street, Second Floor Cumby, Texas 75401  RE: Consent of the City of Cumby, Hunt County, Texas for the Inclusion of the Territorial Limits and Extraterritorial Jurisdiction of the City in the Proposed Hunt County Emergency Services District No. 1, Pursuant to Chapter 775, Texas  Health & Safety Code.  Dear Judge Stovall:  This correspondence is to certify that at a meeting of the City Council of the City of Cumby, Texas, called and conducted in accordance with all applicable law, the Council Pursuant to Section 775.014 of the Texas Health & Safety Code, the City of Cumby, Texas hereby consents to the inclusion of its territorial limits and extraterritorial jurisdiction within the proposed Hunt County Emergency Services District No. 1 as  approved the following motion by a vote of  "ayes"and  "nays:"  located in Hunt County, Texas.  Sincerely, [NAME] Mayor ATTEST: [NAME] City Secretary cc: Ken Campbell  BURNS ANDERSON JURY & BRENNER, L.L.P.  P.O. Box 26300 Austin, Texas 78755-6300 Daniel W Ray Heather McNew Carter Scott, Ray & Sullivan 2608 Stonewall Street Greenville, Texas 75403-1353    PETITION FOR' THE CREATION OF HUNT COUNTY EMERGENCY Pursuant to Texas Health and Safety Code, Chapter 775, the undersigned petitioners hereby petition for the creation of an emergency services district whose territorial boundaries would be those as further described in the attached Exhibit A, attached hereto and incorporated herein for all purposes. The proposed Hunt County Emergency Services District No. lis tol be created andi ist to operate under. Article II, Section 48-e, Texas Constitution, and Chapter 775, Texas Health & Safety Code, and will provide the emergency services set forth in Article III, Section 48-e, Texas Constitution, except for and specifically excluding emergency ambulance services. The creation of the proposed Hunt County Emergency Services District The following are municipalities from which consent must be obtained under Section 775.014: Wolfe City, Commerce, Campbell, Neylandville, Lone Oak, West Tawakoni, Hawk Cove, Quinlan, Union Valley, Royse City, Caddo Mills, Celeste, Leonard, Cumby, Josephine, Ladonia, Farmersville, and Greenville. The undersigned two petitioners obligate themselves toj pay not more than $150 oft the costs incident to the formation of the proposed district, including the costs of publishing notices, election costs, and other  SERVICES DISTRICT: NO.1  No. 1 complies with Sections 775.020 and 775.0205, Health and Safety Code.  necessary andi incidental expenses. OBLIGORNO.1 Signature 2 Lhris Dimi'tc Printed Name 8422 fistST Mailing Address CADDO 7WZ5135 City, State, Zip Code Residence Address 13/ay/1929 DatéofBirth 1a/04/9019 Date of Signing 1018774262 Voter) Registration No.  OBLIGORNO.2 / Signature ames wehoad Printed] Name 5721 SR 3214 Mailing Address Lone Oak TX 75453 City, State, Zip Code 572 CR 3214 Residence Address 10/04/1474 Date of Birth 17-/09/1019 Date of Signing  1017.416577 Voter Registration No.    SWORN TQ AND SUBSCRIBED before me, the undersigned authority, by  Chsio Gumie Deoaer, 2019.  as Obligor No. 1, on this the 4 day of  JANA SANCHEZ Notary Public, State of Texas Comm. Expires 03-06-2023 Notary ID 131920368  ANDFOR/HE  STATEC OF G  TEXAS  hh  SWORN TO AND SUBSCRIBED before me, the undersigned authority, by  SScnes Witehead  as Obligor No. 1, on this the qWh day of  Du.  2019.  Canlbet NOTARY: PUBLIC IN ANDFORTHE  CAROLLYNNS SCOTT My Notary! D#491735 Expires uy8.2020  STATE OF TEXAS    EXHIBIT. A  Proposed Hunt County ESDI No.1 Boundary Map  White Proposed ESD Yellow Not in ESD  Description of the boundaries of the proposed Hunt County Emergency Services District No. 1: The entire territorial limits Hunt County, Texas, save and except for the territorial limits of the City of Commerce, the City of Greenville, the City of Josephine, and the City of Royse  City, Texas as such existed as ofJuly 1,2019.    MEMO  TXCDBG Grant Application - 2021/2022 CD Fund  The Texas Department of Agriculture will accept applications for a 2021/2022 CD Fund grant on May 3, 2021. Application scoring and match requirements have substantially changed since previous years, but itappears Cumby may have a somewhat competitive application for an infrastructure grant. Iff funded, Cumby may receive a grant award in the Fall of 2022. To be clear, the scoring and program changes have made it difficult to determine how competitive of an application Cumby may have and there is no Cumby can apply for a $350,000 grant and it will require a 5%1 match commitment. The City can apply for water, sewer, street, or drainage improvements in town to either benefit the entire City ora neighborhood that will meet the income requirements for the grant. The applications will require the FY 2019 audit be submitted with the. The cost to submit an application is expected to be nominal: the cost Ift the City decides to proceed with an application, the first official step in the process is to begin the professional procurement process and conduct a public hearing. Professional consultants are not anticipated to charge a fee to submit the application and their fees should be contingent upon the grant contract award and will bei included in the grant project budget. Beginning the procurement process does not obligate the City to submit a grant application and the decision to formally submit an  certainty the City will receive a grant award ifa an application is submitted.  of three publications in the City's newspaper of record.  application willl be presented at Council prior to submission.  Council should determine whether or not to pursue a new grant application fori the 2021/20220 CDBG-CD  cycle.    PUBLIC MANAGEMENT EST.1982  COMMUNITY DEVELOPMENT FUND - TDA  PLANNING ABOUT THE PROGRAM The Community Development Fundi is the largest fund category int the TXCDBG Program. This fundi is available ona biennial basis forf fundingt througha a competition ine each oft the 24s state planning regions. PROGRAM OBJECTIVES Theg goal oft the Texas Community Development Block Grant Programi isto develop viablec communities by: 1. Improving publici facilitiest to meet basic humanr needs. 2. Improve! housing conditions. 3. Expanding economic opportunities by creatingo or retaining jobs. Providing: assistance for public facilities to eliminate conditions hazardous to the publich health. WHO CAN APPLY Non-entitlement, general purpose units ofl local government: 1. Non-entitlement cities inr rural areas witha a population! less than 50,000. 2. Non-entitlement countiesi in rural areas with: a population less than 200,000. PROJECTS Eligible projects may include: 1. Water and Sewer Improvements 2. Drainage Improvements 3. Gas System Improvements Road/Street Improvements Solid Waste Disposal/Landfills  FINANCING AWARD AMOUNTS Minimum= : $75,000.00 Maximum: = $350,000.00 THINGS TO KNOW TDA established: a Uniform Scoring Committee (USC) to develops statewide scoring objectives. On Julys 9, 20201 the Committee estabishedi thef following scoring criteria: 1. Previous Funding (last3 31 funding cycles)- 80p points 2. Match( (based on population)- 50 points Applications are scheduled tot be submitted! int the Spring of 2020, however: ana actual date has noty yet be established. POTENTIAL AGTIONS Due tot thei time-consuming nature oft the application processt thef followinga actions arer recommended: 1. Initiate procurement for Administration and Engineering services for application preparation. and program implementation. 2. Identity community needs andI list of3-4p projects withi impacta areas, 3. Evaluate necessity ofp property acquisition.  MANAGEMENT OTHER INFORMATION Our Team is readyt toa assist with this efforta and will bea availablet toa answer your questions. Ina addition tos securing funds tol helpr meety your goals,) youc can count on ust top plan, research, navigate and managet the entire process. POINTS OF CONTACT Jake McAdams 682-205-1058x31 madams@publemgtcom Kenneth Coignet 210-342-3621 kcoignet@publiemgt.com Kay Howard 806-797-4299 kay@publicmgt.com Nicholas Houston 281-592-0439x24 noustonepublemgicom Patrickk K. Wiltshire 281.592.0439x28 Pwitshreepubltemgtcom  Improving the quality of life for your residents. publicmgt.com  HOUSTON Houston, TX77032 T2B1-592-0439 F844-738-4802  GRANBURY T 682-205-1058 844-738-4802  LUBBOCK 8207 Hudson St, Ste C P.O.BOX 4161 T806-797-4299 806-797-6041  ABILENE Abilene, TX79608 T806-797-4299 806-797-6041  MCKINNEY 5100 Eldorado Pkwy PO. Box: 762648 Ste1 102 #323 McKinney, TX75070 T210-342-3621 T 214-223-2848 F281-674-8340  SANA ANTONIO SanA Antonio, TX78245 844-738-4802  15355 Vantage Pkwyv W 312SM Morgans St  Granbury, TX76048 Lubbock, TX79423    Ark-Tex Council of Governments 5Contracts Expected To Be Awarded Per Year  Community Douglassville Pecan Gap Reno (Lamar County) Domino Avery Miller's Cove Talco Linden Cooper Bogata Del Kalb Bloomburg Paris Como Clarksville Detroit Omaha Naples Deport Lone Star Red River County Atlanta Daingerfield Nash Mount Vernon Morris County Hughes Springs Cumby Sulphur Springs Queen City Lamar County Blossom Cass County Delta County Avinger New Boston Hooks Bowie County Redwater Wake Village Hopkins County Franklin County Maud Winfield  LMIF Pop 150 230 3,245 100 435 190 560 2,095 2,025 1,190 1,585 390 24,240 770 2,995 765 895 1,445 495 1,555 12,355 5,480 2,705 3,085 2,645 12,555 1,800 810 15,375 1,860 48,715 1,255 29,915 5,155 395 4,670 2,755 87,815 1,125 5,480 35,185 10,490 1,025 485  LMI9 % 56.67% 43.48% 24.65% 20.00% 62.07% 63.16% 72.32% 56.32% 63.21% 40.34% 45.74% 52.56% 51.88% 55.84% 71.62% 49.02% 37.99% 52.60% 41.41% 58.52% 53.17% 46.08% 40.48% 47.33% 47.64% 39.51% 57.50% 30.86% 48.46% 53.49% 41.31% 37.45% 44.53% 44.91% 37.97% 49.14% 52.27% 40.99% 42.22% 45.16% 42.30% 44.33% 45.37% 48.45%  Prev. Fund. Years Pre. Fund. Score  AMHI 29,938 43,864 65,924 51,250 (2015) 23,125 29,167 29,375 31,094 31,529 32,386 32,625 33,243 33,824 33,864 33,892 35,000 35,625 36,645 36,696 37,917 37,955 39,000 39,150 40,046 41,653 42,961 42,981 43,125 43,156 43,516 43,562 44,398 45,345 46,138 46,719 47,000 47,434 47,505 49,306 50,000 51,877 52,944 56,458 45,938  B01003 Pop  80 80 80 80 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 40  16 17 17 16 20 17 15 20 16 18 15 15 16 19 16 19 20 17 19 20 18 19 15 19 17 19 18 18 19 16 20 20 15 20 18 18 18 20 17 15,20  712    2021-2022 Community Development Fund Regional Project Priority Scoring  State Planning Region Date ofl Public Meeting List Names of Persons Responsible for Establishing Priorities (ifa standing committee, identify name of committee or group rather than list individuals)  Ark-Tex Council of Governments  05/28/2020  Ark-Tex COG Executive Committee  For each category of Project Priority, list the activities that qualify for the category, and the number of points assigned.  Upt to three categories may bei identified, which may include "all other eligible activities". All activities within a category will receive the same number of points.  Category First Priority Second Priority Third Priority  Activities Septic tanks Housing  Number of] Points (maximum 50 points) 50 25 10  Water /Sewer; Yard lines; Streets/roads and bridges; Drainage;  all other eligible activities  As Presiding Officer of the [State Planning Region), I certify that the above Regional Project Priorities were established in accordance with 4TAC4TAC $30.50(e)(1) for the 2021-2022 TxCDBG Community Development Fund.  L2 Williamon L.D.V Williamson (Jun: 2,20200 08:250 CDT) [Name, Title]  Red River County Judge, ATCOG Board President  Jun 2, 2020 Date  Page 29 of 102    2021-2022 CD Unified Scoring Criteria  What is the applicant's match amount? (50 points)  Methodology: Ift the project is for beneficiaries for the entire county, the total population oft the county is used. For county applications in unincorporated areas, the population category is based on the actual number of beneficiaries to be served by the project activities. Ift the project serves beneficiaries for applications submitted by cities, the total city population is used. Data Source: Most recently available ACS 5-year Estimate, Table  B01003  Applicant(s) population equal to or less than 1,500 according to most recent ACS data:  Match equal to or greater than 5% of grant request = 50 points Match at least 4% but less than 5% of grant request = 40 points Match at least 3% but less than 4% of grant request = 30 points Match at least 2% but less than 3% of grant request = 20 points Match less than 2% of grant request = 10 points  Applicant(s) population equal to or less than 3,000 but over 1,500 according to most recent ACS data:  Match equal to or greater than 10% of grant request = 50 points Match at least 7.5% but less than 10% of grant request = 40 points Match at least 5% but less than 7.5% of grant request = 30 points Match at least 2.5% but less than 5% of grant request = 20 points Match less than 2.5% of grant request = 10 points  Applicant(s) population equal to or less than 10,000 but over 3,000 according to most recent ACS data:  Match equal to or greater than 15% of grant request = 50 points Match at least 11.5% but less than 15% of grant request = 40 points Match at least 7.5% but less than 11.5% of grant request = 30 points Match at least 3.5% but less than 7.5% of grant request = 20 points Match less than 3.5% of grant request = 10 points Applicant(s) population over 10,000 according to most recent ACS data: Match equal to or greater than 20% of grant request = 50 points Match atl least 15% but less than 20% of grant request = 40 points Match at least 10% but less than 15% of grant request = 30 points Match at least 5% but less than 10% of grant request = 20 points Match less than 5% of grant request = 10 points  Has the applicant been funded in the previous three (3) CD application cycles? (80 Points) Methodology: Data source documentation will be reviewed and points will be assigned. The applicant has not received funding during the previous three funding cycles (Ox) = 80 points The applicant has been funded once (1x during previous three funding cycles = 60 points The applicant has been funded twice (2x) during the previous three funding cycles = 40 points The applicant has been funded three times (3x) during the previous three funding cycles = 0 points In the event of ai tie, applicants shall be ranked starting with the lowest median household income.  Tie Breaker:  Data Source: Most recently available ACS 5-Year Estimates, Table DP03    ABOUT US  Public Management is more than a consultant. We do. more than grant management and offer much more than typical planning services. We help communities, big and small, in the pursuit of prosperity.  CHAMPIONS FOR TEXAS TOWNS  Public Management was founded to help Texas communities navigate the challenges faced when pursuing prosperity for their cities and towns. We empower our clients to grow and improve the quality ofl life fort their residents through sound planning, financing and management initiatives. Wel believe in the potential of every Texas city and town and exist to build  vibrant and sustainable communities.   Our mission is real and our passion is sincere. It's about impact, outcomes, and making a difference. D WILTSHIRE  DECADES OF EXPERIENCE  Public Management has been committed to aiding Texans since 1982. Our team collectively has decades of experience managing over 1,000 projects for more than 220 cities and towns across the State. With client funding ranging knowledge to ensure the successful follow through of a community/s.goals.  from $10,000 to $59 million, our people are  with equipped the right  tools and  PATRICKK.  PATRICK K. WILTSHIRE President and CEO Fueled by the desire tor make a positive impact ond communities, Patrick! has led more than $200 millioni inp projects for cities and towns throughout Texas.  KENNETHJ. COIGNET Vice President and Business Development Director As an experti inp planning and ar master of customer service, Kenneth develops new! business relationships and oversees the firms planning efforts.  JAKE MCADAMS Regional Project Manager North Texas Overseeing all client relations and project management initiatives, Jake has thel keen abilityt to evaluate clientr needs and develop a direct course of action.    OUR SERVICES  BY THE NUMBERS  Discover the possibilities in your community. We're here to help plan, finance and manage every opportunity.  OVERVIEW 1982 - Present $514M Total Funding  223 Communities Impacted  PLANNING  Let's start at the beginning-when your project is little more than a "What if?" Working together, we'lll help define what's important and look ahead to what's next. Economic Development Subdivision &2 Zoningo Ordinance Land Use Streets &1 Thoroughfares Capitall Improvements Flood8 &I Drainage Water&w Wastel Water Housing & Population. Mapping Parks8 &Recreation Resilience &Mitigation  COMMUNITIES IMPACTED 1982 Present 40 20  1982  2019  FINANCING  CLIENT FUNDING 1982 Present $2.3M Average Cient Funding  Inaddition to securing funds to help meet their goals, our clients count on Public Management to plan, research, navigate and manage the entire process. Community! Development Disaster Recovery Comprehensive! Planning  $13.8M Average Annual Client Funding  Economic! Development  PROJECTSE BY REGION 1982 Present 30% 60% 10%  MANAGEMENT  Al little help and guidance can go al long way toward building your community. Whether it's for1 three months or thirty years, we'll show up, step up and go to work as an extension of Project Management Construction &L Labor Compliance Aquisition Services Municipal Administration Environmental! Services  your team.    RESOLUTION NO. 001-2014  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUMBY, TEXAS REPEALING ANY PREVIOUS RESOLUTION OR INVESTMENT POLIC AND PROVIDING FOR INVESTMENT POLICY SCOPE, STANDARD OF CARE, INVESTMENT OBJECTIVES, DELEGATION OF AUTHORITY AND APPOINTMENT OF INVESTMENT OFFICER, ETHICS AND CONFLICTS OF INTEREST, AUTHORIZED INVESTMENTS, STRATEGIES, SAFEKEEPING AND CUSTODY, DIVERSIFICATION, INTERNAL CONTROLS, MARKET YIELD, REPORTING, WHEREAS, the City of Cumby acknowledges the high priority of providing necessary WHEREAS, the City Council expressly intends to set high fiscal standards, delegate treasury and investment duties to appropriated officials, and to review the actual WHEREAS, the City Council hereby intends to implement investment requirements set forth in the Texas Government Code, 2256.005, Public Funds Investment, Subchapter A - Public Funds Investment Act and Subchapter B - Investment of Public NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SECTION 1. That the City of Cumby Investment Policy attached hereto as Exhibit "A" SECTION 2. That the City Secretary shall serve as Investment Officer and this SECTION 3. All provisions of the resolutions of the City of Cumby in conflict with the provision of this Resolution are hereby repealed, and all other provisions of the Resolutions not in conflict with the provisions of this Resolution, shall remain in full PASSED AND APPROVED at a Regular Meeting of the City Council of the  ADOPTING AND PROVIDING AN EFFECTIVE DATE. guardianship of public funds in the municipal sector; and,  performance at regular intervals; and  Funds;  CUMBY, TEXAS:  is the official policy of the City of Cumby, Texas.  Resolution shall take effect immediately from its passage.  force and effect. Cumby,  of City  Texas  on this the 9th day of December, 2014.  Cdadia  Mr    CITY OF CUMBY INVESTMENT POLICY  All investments made by the City of Cumby shall comply with the Public Funds Investment Act (Texas Government Code Chapter 2256, Subchapters A and B) and all  federal, state and local statutes, rules or regulations. INVESTMENT POLICY ADOPTION AND REVIEW  This policy shall be adopted by Resolution by the City Council and shall be reviewed not less than annually by the City Council. The Council shall adopt a written instrument stating that it has reviewed the investment policy and investment strategies and that the written instrument SO adopted shall record any changes made to either the investment The Council shall perform a compliance audit of management controls on investments and adherence to the Council's established investment policies. The compliance audit  policy or investment strategies.  shall be performed in conjunction with the annual financial audit.  SCOPE  This investment policy applies to the investment activities of the City of Cumby. All financial assets including all governmenta. funds, enterprise funds and other funds that may be created from time to time shall be administered in accordance with the  provisions of these guidelines. INVESTMENT AUTHORITY  The City Council shall designate one or more employees as investment officer(s) to be responsible for the investment of its funds pursuant to this policy. Authority granted to a person to invest City funds is effective until rescinded by the Council or until termination Within 12 months after assuming duties, the investment officer(s) of the City shall attend at least one training session and receive not less than ten hours of training relating to their respective responsibilities under the Public Funds Investment Act. The investment officer(s) must also subsequently attend investment training not less than once in a two- year period and receive not less than ten hours of instructions relating to investment  of the person's employment by the City.  policies under the Public Funds Investment Act. STANDARD OF CARE/NVESTMENT OBJECTIVES  Investments shall be made with the judgment and care, under prevailing circumstances that a person of prudence, discretion and intelligence would exercise in the management of his or her own affairs, not for speculation, but for investment, considering the probable safety of capital and the probable income to be derived. Investment strategies shall have as their primary objective safety, investment liquidity  City of Cumby - Investment Policy Exhibit  Page 1 of6    and maturity sufficient to meet anticipated cash flow requirements. Investments shall be  governed by the following objectives in order of priority: 1. Preservation and safety of principal;  2. Liquidity; and 3. Yield  In determining whether an investment officer has exercised prudence with respect to an 1. The investment of all funds, rather than the prudence of a single investment, 2. Whether the investment decision was consistent with the Council's written  investment decision, the following shall be taken into consideration:  over which the officer had responsibility.  investment policy. PERSONAL INTEREST  A City investment officer who has a personal business relationship with a business organization offering to engage in an investment transaction with the City shall file a statement disclosing the personal business interest. An investment officer who is related within the second degree by affinity or consanguinity, as determined by Government Code Chapter 573, to an individual seeking to sell and investment to the City shall file a statement disclosing that relationship with the City and with the Texas Ethics Commission. For purposes of this policy, an investment officer has a personal 1. The investment officer owns ten percent or more of the voting stock or shares of the business organization or owns $5,000 or more of the fair market value of the 2. Funds received by the investment officer from the business organization exceed ten percent of the investment officer's gross income for the previous year; or 3. The investment officer has acquired from the business organization during the previous year investments with a book value of $2,500 or more for the personal  business interest with a business organization if:  business organization'  account of the investment officer.  QUARTERLY REPORTS  Not less than quarterly, the investment officer shall prepare and submit to the Council a written report of investment transactions for all funds covered by the Public Funds Investment Act. This report shall be presented to the Council not less than quarterly, 1. Contain a detailed description of the investment position of the City on the date of  within a reasonable time after the end of the period. The report must:  the report;  2. Be prepared jointly and signed by all City investment officers.  City of Cumby- - Investment Policy Exhibit  Page 2 of6    3. Contain a summary statement for each pooled fund group. The report must be prepared in compliance with generally accepted accounting principles and must  state:  a. Beginning market value during the period; - Ending market value for the period; and d. Fully accrued interest for the reporting period.  b. Additions and changes to the market value during the period;  4. State the book value and market value of each separately invested asset at the beginning and end of the reporting period by the type of asset and fund type 5. State the maturity date of each separately invested asset that has a maturity 6. State the account or fund or pooled group fund in the City for which each 7. State the compliance of the investment portfolio of the City as it relates to the City's investment strategy expressed in the City's investment policy and relevant  invested. date.  individual investment was acquired.  provisions of law.  If_the City invests in other than money market mutual funds, investment pools or accounts offered by its depository bank in the form of certificates of deposit, or money market accounts or similar accounts, the reports shall be formally reviewed at least annually by an independent auditor, and the result of the review shall be reported to the  Council by that auditor. AUTHORIZED INVESTMENTS  The City may purchase, sell and invest its funds under its control in investments described below, in compliance with its adopted investment policies and according to the standard of care set out in this policy. The Council shall permit investment of City funds in only the following investment types, consistent with the strategies defined in 1. Obligations of or guaranteed by, governmental entities as permitted by 2. Certificates of deposit and share certificates as permitted by Government Code 3. Fully collateralized repurchase agreements permitted by Government Code 4. Banker's acceptances as permitted by Government Code 2256.012. 5. Commercial paper as permitted by Government Code 2256.013.  this policy:  Government Code 2256.009.  2256.010. 2256.011.  6. Two types of mutual funds as permitted by Government Code 2256.014: money  market mutual funds and no-load mutual funds.  Cityo ofCumby- - Investment Policy Exhibit  Page 3of6    7. A guaranteed investment contract as an investment vehicle for bond proceeds provided it meets the criteria and eligibility requirements established by 8. Public funds investment pools as permitted by Government Code 2256.016. The City may use electronic means to transfer or invest all funds collected or controlled  Government Code 2256.015. ELECTRONIC FUNDS TRANSFER  by the City.  SAFETY AND INVESTMENT MANAGEMENT  The main goal of the investment program is to ensure its safety and maximize financial returns within current market conditions in accordance with this policy. Investments shall be made in a manner that ensures the preservation of capital in the overall portfolio, and offsets during a 12-month period any market price losses resulting from the interest-rate fluctuations by income received from the balance of the portfolio. No individual investment transaction shall be undertaken that jeopardizes the total capital position of  the overall portfolio. LIQUIDITY AND MATURITY flow requirements. DIVERSITY  The City's investment portfolio shall have sufficient liquidity to meet anticipated cash  The investment portfolio shall be diversified in terms of investment instruments, maturity scheduling, and financial institutions to reduce risk of loss resulting from over concentration of assets in a specific class of investments, specific maturity or specific  issuer.  MONTITORING MARKET PRICES  Monitoring shall be done monthly or more often as economic conditions warrant by using appropriate reports, indices, or benchmarks for the type of investment. The investment officer shall keep the Council informed of significant declines in the market nanclal/investment publications and electronic media, available software for tracking investments, depository banks, commercial or investment banks, financial advisors, and  value of the City's investment portfolio.  Information sources may include  epresentalves/Advsos of investment pools or money market funds.  SAFEKEEPING AND CUSTODY  The City shall retain clearly marked receipts providing proof of the City's ownership, or the City may delegate to an investment pool the authority to hold legal title as custodian of investments purchased with City funds. All investment transactions except  City of Cumby - Investment Policy Exhibit  Page 4 of6    investment pool funds and mutual funds shall be executed on a delivery versus  payment basis.  SELLERS OF INVESTMENTS  A written copy of the investment policy shall be presented to any person offering to engage in an investment transaction with an investing entity or to an investment management firm under contract with an investing entity to invest or manage the entity's investment portfolio. For purposes of this policy, a business organization includes investment pools and an investment management firm under contract with an investing entity to invest or manage the entity's investment portfolio. The qualified representative of the business organization offering to engage in an investment transaction with the City shall execute a written instrument in a form acceptable to the City and the business organization substantially to the effect that the business organization has: 1. Received and thoroughly reviewed the City investment policy; and  2. Has acknowledged that the business organization has implemented reasonable procedures and controls in an effort to preclude investment transactions conducted between the City and the organization that are not authorized by the The investment officer may acquire or otherwise obtain any authorized investment described in the City's investment policy from a person who has not delivered to the City  City's policy.  the instrument described above. BROKERS/DEALERS  Prior to handling investments on behalf of the City, brokers/dealers must submit required written documents in accordance with law. Representatives of broker/dealers shall be registered with the Texas State Securities Board and must have membership in the Securities Investor Protection Corporation (SIPC), and be in good standing with the  National Association of Securities Dealers.  SOLICITING BIDS telephone or electronically. INTERNAL CONTROLS  In order to get the best return on its investments, the City may solicit bids in writing, by  A system of internal controls shall be established and documented in writing and must include specific procedures designating who has authority to withdraw funds. Also, they shall be designed to protect against losses of public funds arising from fraud, employee error, misrepresentation by third parties, unanticipated changes in financial markets, or imprudent actions by employees and officers of the City. Controls deemed most  important shall include:  City of Cumby - Investment Policy Exhibit  Page 5 of6    1. Separation of transaction authority from accounting and record keeping and  electronic transfer of funds. 2. Avoidance of collusion. 3. Custodial safekeeping. 4. Clear delegation of authority.  5. Written confirmation of telephone transactions.  6. Documentation of dealer questionnaires, quotations and bids, evaluations,  transactions and rationale. 7. Avoidance of bearer-form securities.  These controls shall be reviewed by the City's independent auditing firm.  City of Cumby - Investment Policy Exhibit  Page 6 of 6    PUBLIC FUNDS INVESTMENT ACT ONLINE TRAINING  VIRTUAL LEARNING CONCEPTS X- PFIA ONLINE TRAINING  Virtual Learning Concepts (VLC) offers Public Funds Investment Act (PFIA) training online for Texas Municipal League (TML) members. This online course is the equivalent of the full ten hours of required training, but allows a participant to certify from the comfort of home or office. All material needed to complete the PFIA- Online course is included within the course. No additional books or other materials are required. Members who choose the online option may enroll at any time and will have a full 90 days from the date of enrollment to complete the course. Testing will take place as sections of the material are completed. A  certificate can be generated after all materials are completed.  FEES  TML is offering a $25 discount coupon to all TML members who take PFIA-Online. TML members can receive au unique $25 discount code and then register for the Virtual Learning Concepts PFIA course for $250. To obtain a discount certificate, visit/Discount Certificate Ify you already have your coupon and wish to register for  PFIA-Online, visit the VLC website. CONSIDERATIONS  When you arrive at the Virtual Learning Concepts page, scroll to the bottom oft the page and select the "Add to Shopping Cart" icon to go to a page where you will be allowed to enter the TML coupon code and receive your discount. When you have purchased your course, you will then need to enter your personal information on that website sO you can save your progress in the course over the ninety day period. VLC has developed a block unit option for cities that require training for three or more staff members. The block unit is designed to give you a significant savings over purchasing numerous courses individually. You may now purchase block units of training at a discount and have up to 365 days to complete the training. Visit the VLC website or call Virtual Learning Concepts at 877-337-0673 for additional information about  this economical option.    PFIA VLC Discount Certificate codes for 2020  Code TML20Q4  Months Code is Valid Oct-Dec 31  PFIA VLC Discount Certificate codes for 2021  Code TML21Q1 TML21Q2 TML21Q3 TML21Q4  Months Code is Valid Jan 1-March 31 April 1-June 30 July 1-Sept 30 Oct-Dec 31    Legal Q&A October 2009  By Bennett Sandlin, TML General Counsel May a city invest its public funds?  Yes, a city may invest its public funds, but only if the city complies with Chapter 2256 ofthe What does the Act require of a city before a city may invest its public funds? Before a city may invest its public funds, the Act generally requires the following:  Texas Government Code, the Public Funds Investment Act (Act).  1. A city must adopt a written investment policy.  2. A city may only invest its funds in investments authorized under its written investment 3. Authorized investments must come from the list of proper investments under the Act. 4. An official from the city must complete training regarding the requirements ofthe. Act.  policy.  What is the investment policy requirement  A city must adopt a written investment policy by ordinance or resolution. TEX. GOV'TCODE $2256.005(a). Therefore, regardless ofa a city's population, it must have a written investment policy ifit has any cash or bank investments. A formal policy protects not only the cash assets of An investment policy must contain a statement emphasizing safety and liquidity. TEX. Gov'T CODE $2256.005(b)(2). The policy must also include a list ofauthorized investments and the permitted maximum maturity of any individual investment, as well as the maximum weighted average maturity (WAM) of funds. TEX. GOV'T CODE $2256.0050b)(4)a). The policy must also include the method used by the investing entity toi monitor the market price ofinvestments Although the actual investment strategy for smaller cities is vastly different from that ofl larger cities, the primary objectives, which should direct any investment strategy, are safety and liquidity. Safety is the most important objective because public officials have a fiduciary responsibility to manage and maintain taxpayer funds. The Acti requires city councils to invest public funds under their control with the same prudence and discretion as such entities would Liquidity, the ability to sell or dispose of an investment, is equally important. Invested funds must be readily available ift the need for cash arises and requires the city to liquidate the Yield refers to the rate ofreturn received on a particular investment. Yield or income derived from an investment is important, particularly to a city grappling with declining or stagnant  the city, but also the elected and finance management officials.  acquired.  manage their own affairs.  investment before maturity.  Page lof4    revenues or tax base. However, 1995 amendments to the Act significantly revised the ranking of investment objectives and put yield in last place. The first priority for consideration is the suitability oft the investment to the overall cash flow and financial requirements oft the entity. The Act requires that the governing body of an investing entity review its investment policy at least once a year. TEX. GOV'T CODE $2256.005(e). Moreover, the governing body must take formal action stating that the policy and strategy have been reviewed. Any changes to either the policy or strategy must be recorded in the resolution and the investment policy. Changed policies should be sent to all brokers, pools, and advisors. The investing entity must also designate by ordinance or resolution the employee or investment officer(s) who will be responsible for the investment ofi its funds. TEX. Gov'T CODE $2256.005(f). The policy also should refer to training seminars conducted by independent sources, such as the Texas Municipal League. What is the training requirement under the Public Funds Investment Act?  The treasurer, the chief financial officer (ift the treasurer is not the chief financial officer), and the investment officer of a local government must attend at least one training session in investment laws within 12 months after taking office. TEX. Gov'T CODE $2256.008. The Act is written in a way that requires all cities to appoint someone to one of these positions in order to receive the training. On a continuing basis, the investment training sessions must be attended at least once The entity that provides training must report to the state comptroller a list oft the governmental entities that received training. Further, auditors and credit-rating agencies are increasingly paying attention to whether a city is up-to-date on its required training. The Texas Municipal League offers training, as do other entities. City officials may check for upcoming Public Funds Investment workshops under the "Training" tab on the TML Web site at www.tml.org. Ifa city invests its funds in certificates of deposit only, does a city official still need to  every two-year period for at least ten hours ofinstruction.  attend training in the Public Funds Investment Act?  Yes. The Public Funds Investment Act training requirement makes no exception or allowance for cities that don'tinvest, invest very little, or invest only in time deposits. TEX. GOV'TCODE Certificates of deposit are considered investments under the Act, meaning that their purchase is not proper unless the city has adopted a written investment policy authorizing their use. TEX. According to the Act, what are the legal investment tools that a city may include ini its The Act limits the types ofinvestments that a city may authorize under its investment policy. Essentially, an investment must be legal under the Act, and included in the city's investment  $2256.008.  Gov'T CODE $2256.010. investment policy?  policy, before a city may use that investment.  Page 2 of4    Following are the common legal investments under the Act (there are some additional legal 1. Governmental Obligations. United States and State of Texas obligations, such as bonds, are legal investments. So are obligations oflocal governments, provided the obligations are "A" rated. Mortgage-backed obligations are not legal, however. TEX. 2. Certificates of Deposit (CDs). CDs are a legal investment provided they are issued by a bank with its main office or a branch office in Texas. TEX. Gov'T CODE $2256.010. CDs must be collateralized (secured) for amounts greater than FDIC insurance ($250,000). 3. Repurchase Agreements. Certain fully-collateralized repurchase agreements are legal  investments that apply only to certain cities or entities):  GOV'TCODE $2256.009.  investments. TEX. GOV'TCODE $2256.011. 4. Securities Lending Programs. TEX. GOV'TCODE $2256.0115. 5. Banker's Acceptances. TEX. GOV'TCODE $2256.012.  6. Commercial Paper. Commercial paper is a legal investment provided it has ai maturity date of270 days or less and is rated atl least "A-1" or "P-1"by at least two credit rating 7. Certain Mutual Funds. TEX. GOV'TCODE $2256.014. (See below for details about legal 8. Guaranteed Investment Contracts. Guaranteed investment contracts are legal investments ifthey have a defined termination date, are fully secured, and are pledged to 9. Investment Pools. Investment pools are legal investment vehicles if: (a) the city council passes an ordinance or resolution authorizing investment pools; (b) the investment officer ofthe city receives a detailed prospectus from the pool; (c) the pool makes detailed periodic reports to the city; and (d) the pool is continuously rated AAA'Or-AAA-m."  agencies. TEX. Gov'T CODE $2256.013.  mutual funds.)  the city. TEX. GOV'TCODE $2256.015.  TEX. GOV'TCODE $2256.016. May a city invest in corporate stocks?  No. Stocks, also known as equities, are not listed among the legal investments under the Act.  Which mutual funds may a city invest in?  It depends. Whether a city can invest in a mutual fund and how much depends on the type of mutual fund in question. An outline of the law for each type of permissible mutual fund follows, but it is recommended that the investment officer read the statute in question before making the 1) A city may invest in no-load money market mutual funds only if all the following are  investment:  true: a) b) c)  the fund is registered and regulated by the Securities and Exchange  Commission (SEC);  the fund provides a certain type of prospectus;  the fund has a dollar-weighted average stated maturity of 90 days or fewer;  and  Page 3 of4    d) the fund includes in its investment objectives the maintenance ofa stable net  asset value of one dollar per share.  2) A city may invest in no-load mutual funds (that is, non-money market) only ifall the  following are true: a) b) c) d) e) f)  the fund is registered with the SEC;  the fund has an average weighted maturity of less than two years; the fund invests exclusively in obligations already approved elsewhere in the Public Funds Investment Act (thus excluding most stock funds); the fund is continuously rated as to investment quality by at least one nationally recognized investment rating firm of not less than AAA or its the city invests no more than 15 percent ofi its eligible funds in the mutual the city does not invest its bond or debt service funds in this type of fund; and g) city investments do not exceed ten percent of the value oft the fund. TEX.  equivalent;  fund (that is, excluding city's bond and debt funds);  Gov'T CODE $2256.014.  Ofcourse, the Public Funds Investment Act does not permit investment ofa any city funds until the city adopts a written investment policy that authorizes each type ofi investment in question. A written investment policy that does not authorize mutual funds would thus exclude their use, What is the consequence of failure to comply with the Public Funds Investment Act Though the Act contains no penalty provision, auditors and credit-rating agencies are increasingly knowledgeable about the. Act'sr requirements. Failure to obtain the necessary training could result in negative marks on the city's audit or a downgrade in a city's credit rating,  despite state law.  training requirements?  which could affect municipal borrowing.  Page 4 of4